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Recorded Webinars

Recorded Webinar: Interstate Trusts Relocating to South Australia—Does Clarke v Ebdon Open the Door?

There has been much discussion over the last 10 or 15 years about whether trusts formed outside South Australia can take advantage of the abolition in SA of the “rule against perpetuities”. This session considers whether the recent decision of the SA Supreme Court in Clarke v Eb
PRESENTED BY Michael Butler Tax and Revenue Partner - Finlaysons , Adelaide

Date/Time

About the Webinar

There has been much discussion over the last 10 or 15 years about whether trusts formed outside South Australia can take advantage of the abolition in SA of the “rule against perpetuities”. This session considers whether the recent decision of the SA Supreme Court in Clarke v Ebdon [2020] SASC 67 provides comfort for interstate trusts wishing to redomicile in SA, including:

  • Why trusts cannot last forever—origins and rationale for the rule against perpetuities
  • What happens when a trust reaches its vesting day?
  • Special position in South Australia—why was the RAP abolished and what does this mean for SA trusts?
  • Decision in Clarke v Ebdon and why it is important
  • The $64,000 question—when can interstate trusts redomicile themselves and be governed by SA law, and not be subject to the RAP?

Presented By

Michael Butler
Tax and Revenue Partner, Finlaysons Adelaide, SA

Michael Butler is a Tax & Revenue Partner at Finlaysons Lawyers in Adelaide.

Michael has spent over 35 years working solely in taxation law – he is a true specialist in his field.  His deep experience in tax law means he can provide advice that considers each client’s unique situation and suggest tax-effective options and solutions to help clients achieve their commercial goals. 

Michael’s expertise at state, federal and international levels includes income tax, capital gains tax, GST, Wine Equalization Tax (WET), fuel tax credits and carbon tax, as well as stamp duty, payroll tax and land tax.  Michael also has extensive experience advising on international taxation matters, including Australian taxpayers investing and carrying on business offshore.

Michael's expertise is acknowledged in Best Lawyers Australia 2022 for Tax Law, Superannuation Law, Trusts & Estates, and Wealth Management/Succession Planning Practices; including as 2022 Lawyer of the Year in Trusts & Estates.

Michael has been also listed in Doyle’s Guide as a Pre-eminent SA Tax Lawyer, with Finlaysons listed as a First Tier SA Tax Law Firm.

Who Should Attend?

This webinar is suitable for accountants advising in taxation matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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