The Knowledge Hub

25 years ago, a specific anti-avoidance provision dealing with personal services income was introduced into the Australian tax law.

This article outlines a recent case where there was a successful appeal against a winding up order. In these types of cases, unlike most appeals, it is a hearing de novo – meaning that the Court considered all evidence, including new evidence, even if it was not presented before the Judicial Registrar who made the original decision.

When a company’s sole director and shareholder dies or loses capacity, it can leave the company unable to operate. Broader consequences arise if the company is the trustee of a trust, such as an inability to distribute income to beneficiaries.

For those who hold considerable assets, have business ventures, or support dependents, having a well-organised estate plan is fundamental to ensuring long-term stability, control and reassurance.

We are seeing a growing number of disputes between siblings, and sometimes even parents, over companies, trusts, family businesses and inheritances. These conflicts are rarely just about money. They are deeply personal, emotionally charged and often tied to long standing family dynamics and unspoken expectations.

For many business and property owners, dealing with a caveat can be confusing and stressful. A common misconception is that if someone owes you money, you automatically have the right to lodge a caveat over their property