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"But It's in a Trust": The Asset-Protection Comfort Blanket That Caldwell & Caldwell Just Pulled Loose
The Full Court's decision in Caldwell & Caldwell [2026] FedCFamC1A 81 is a pointed reminder that a family trust is only as protective as the way its control is arranged — and that "it's not really mine" is a harder line to run than many trust owners assume. Few phrases give a business owner more comfort than "it's in a trust." It has the reassuring ring of a locked vault — assets tucked safely beyond the reach of creditors, the Commissioner, and that perennial favourite, a fo
Ross Moschella
Jun 265 min read


The Government's backdown on testamentary trusts: good news for families, with one condition to watch
After the 2026 Budget proposed taxing testamentary trusts, the Government has announced they will be exempt from the new 30% minimum trust tax — provided they are established for “genuine testamentary purposes.” Here's what the change means for your estate plan, and the catch worth understanding.
Ross Moschella
Jun 194 min read


Doing Nothing Isn’t a Loan: What the High Court’s Bendel Decision Means for Your Family Trust
A plain-English guide to the High Court’s Bendel decision on unpaid present entitlements and Division 7A — what it changes, what it doesn’t, and what trust owners should do now.
Ross Moschella
Jun 155 min read


Trusts in 2026: new Queensland laws and proposed tax changes every trust owner should know
Queensland's trust law was overhauled on 28 April 2026, and the Federal Government has proposed significant tax changes for trusts. If you have a family or discretionary trust, here's what has changed, what is proposed, and why it may be time for a review.
Ross Moschella
Jun 134 min read


Testamentary trusts and the 2026 tax changes: why they deserve a fresh look
Estate planning rarely makes headlines, but a wave of tax change makes 2026 a good year to revisit how your will is structured. Some changes are already law: the next round of personal income tax cuts and the new Division 296 tax on large superannuation balances both take effect from 1 July 2026. Others are proposed but not yet law: the 12 May 2026 Federal Budget announced a major overhaul of capital gains tax and a new minimum tax on discretionary trusts. Together they chang
Ross Moschella
Jun 116 min read


What the 2026 privacy and AML changes mean for our clients
Two legal changes in 2026 — new anti-money laundering checks from 1 July and updates to privacy law — will affect how we work with you. Here's what to expect.
Ross Moschella
Jun 112 min read


Have you been left out of a Will?
The loss of a family member is always a difficult time, but it can become more distressing to learn that you have not been included in...
Ross Moschella
May 16, 20213 min read


Important things to consider when buying a business
If you are considering buying a business there are many things to do from a legal, financial and general business perspective. Obtaining...
Ross Moschella
May 16, 20214 min read


Making Your Will Count – Healthy Will Checklist
It is important for everyone over 18 to have a Will to make sure their wishes are followed and their assets are distributed as they would...
Ross Moschella
May 16, 20213 min read


To Register or not to Register on the PPSR?
The personal property securities registration system has been with us for a while now however it may be something which most people have...
Ellison Moschella & Co
Mar 6, 20211 min read


What Happens if a Will is Improperly Signed or Not Signed at All?
If a will is signed or witnessed incorrectly it can cause problems, sometimes severe problems, for the administration of an estate. Some...
Ross Moschella
Mar 6, 20212 min read


Rectification of Wills
What happens if a will doesn’t accurately record a will-maker’s intentions? As an example we have a case at the moment where another firm...
Ellison Moschella & Co
Mar 6, 20211 min read


Why You Should Use a Lawyer to Prepare Your Will
Writing a will is easy right? A valid will must be: in writing; executed by the will-maker (there are some exceptions here); executed by...
Ross Moschella
Mar 6, 20212 min read


Selling Your Property
For most people, buying or selling a house will be one of the most significant financial decisions they make during their lifetime. Our...
Ellison Moschella & Co
Mar 6, 20212 min read


Interpretation of Wills
Disputes can arise in relation to the interpretation of a Will. As a result, general rules of thumb have developed from case law over...
Ellison Moschella & Co
Mar 6, 20212 min read


Lending to Family Can Hurt!
We commonly see transactions where family members lend money to their own family to help them buy a property or for some other purpose....
Ellison Moschella & Co
Mar 6, 20212 min read


Buyers Beware of the Finance Clause
In a Standard REIQ (Real Estate Institute Queensland) Contract there are conditions which cover finance, building & pest inspections and...
Ellison Moschella & Co
Mar 6, 20212 min read


Delegating Directors Duties and Powers of Attorney
You’re a company director but need to go away for a couple of weeks when a board meeting is due. What do you do? Sign a power of...
Ellison Moschella & Co
Mar 6, 20212 min read


Challenging Estates
There are two conflicting schools of thought in relation to challenging an estate or a Will: Someone should be able to leave their estate...
Ellison Moschella & Co
Mar 6, 20214 min read


Removing Caveats
What is a caveat? In simple terms a caveat is a notice lodged over land which will prevent certain dealings with the property. A caveat...
Ellison Moschella & Co
Mar 6, 20212 min read
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