Description
Attend and earn 1 CPD hour in Substantive Law
This program is based on WA legislation
Chair
David Vilensky, Solicitor and Managing Director, Bowen Buchbinder Vilensky Lawyers
Discretionary Trusts: Still the Best Entity?
Effective structuring requires careful consideration of all relevant aspects including asset protection aspects, tax and duty, and the general purpose of the entity. Trusts, in particular, discretionary trusts have increased in popularity over the decades, so much so that it is also attracting its fair share of scrutiny by litigants and revenue authorities. In this presentation we will explore whether discretionary trusts are still the ‘best’ structures for your clients through analysing:
- The characteristics and nature of the structure
- The current legal issues and challenges involving discretionary trusts
- The practical problems with the structures from a Tax and WA Duty compliance standpoint
Presented by Yikae Hoe, Director, Provident Lawyers
Presenters
David Vilensky, Solicitor and Managing Director, Bowen Buchbinder Vilensky Lawyers
David is a corporate lawyer with a particular focus on mining and resources, mergers and acquisitions, telecommunications, corporate advisory, contractual disputes, specialist contract drafting and complex corporate transactions. David has more than 35 years experience in negotiating, advising on and drafting a broad range of commercial agreements including mergers and acquisitions, shareholder and management agreements, exit agreements, licence agreements, the sale and purchase of mining tenements, joint ventures and share sale agreements. He also advises on capital raisings, corporate governance, due diligence and corporate transactions generally and acts for both private and public companies listed on the Australian Securities Exchange. He regularly advises on directors’ duties and compliance with ASX Listing Rules including continuous disclosure. David is also an experienced public company director and currently sits on the boards of 3 ASX listed companies including one as its Chairman. David is also experienced in dispute resolution including mediations and arbitrations and in the resolution of commercial and contractual disputes. Over the years David has had articles published in various journals on subjects such as directors’ duties, the Trade Practices Act and law firm practice management issues such as ethical billing practices and value pricing on which subject he has frequently delivered papers at seminars in Australia and New Zealand. David has been a strong advocate of the value pricing model for law firms and was largely instrumental in replacing the billable hour model at BBV with a fixed fee model where fees are fixed and agreed with clients in advance and where time is not money.
Yikai Hoe, Founding Director, Provident Lawyers
Yikai is the founder of Provident Lawyers. Yikai practices in superannuation and tax law and assists business clients and professional advisers with a myriad of legal solutions on all types of superannuation, tax compliance and commercial matters. He also delivers tailored estate planning and succession strategies to high net worth clients and is a SMSF Specialist Advisor (SSA), Chartered Tax Adviser (CTA) and Trusts and Estate Practitioner (TEP). He has presented on various superannuation, tax, estate and succession planning and commercial law topics.
