Foreign person surcharge – do I need to amend my trust deed?

After the introduction of land tax and duty surcharges for foreign persons acquiring or holding residential land in NSW, it was thought that discretionary and certain hybrid trust deeds needed to be amended by no later than 31 December 2016 to ensure that the surcharges would not be imposed on those trusts.

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UPDATE – Appeal Dismissed – Court confirms $60 million windfall gain
Error in your PPSR Registration? Court confirms (yet again) the cost of getting it wrong.

The growing jurisprudence in Australia in relation to the Personal Property Securities Act 2009 (Cth) (PPSA) has demonstrated, once again, how a defective registration on the Personal Property Securities Register (PPSR) can result in a security interest being unenforceable upon the grantor of that security interest becoming insolvent.

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