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Can a Creditor Freeze Assets Held in a Family Trust the Debtor Controls? The Full Federal Court Says Yes.
Featured Business & Commercial

Can a Creditor Freeze Assets Held in a Family Trust the Debtor Controls? The Full Federal Court Says Yes.

Short answer: Yes. In Filippini v Keystone Asset Management Limited [2026] FCAFC 71 (22 May 2026), the Full Federal Court of Australia confirmed that a discretionary family trust is not a safe harbour for a judgment debtor who controls it. Where the debtor pulls the strings, acting as appointor with the power to hand themselves the trust's income and capital, a court can freeze the trust's assets to protect a creditor's eventual judgment. Control, not legal ownership, is what counts.

July 2026 Read article
What Happens If You Die Without a Will in Queensland? Understanding the Rules of Intestacy Wills & Estates
May 2026

What Happens If You Die Without a Will in Queensland? Understanding the Rules of Intestacy

Dying without a valid Will is called dying "intestate." When this happens, legislation steps in and decides how your assets are distributed, and the result may be nothing like what you would have wanted.

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Wills & Estates
April 2026

Big changes are coming to Queensland trust law

Queensland has introduced the Trusts Act 2025 (Qld) , which will replace the Trusts Act 1973 . The new Act aims to update how trusts are managed, making it easier for trustees and offering better…

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High Court Confirms: No Statutory Set-Off Against Unfair Preference Recoveries General
March 2026

High Court Confirms: No Statutory Set-Off Against Unfair Preference Recoveries

In Metal Manufactures Pty Ltd v Morton [2023] HCA 1, the High Court has confirmed that statutory set-off under s 553C cannot be used to reduce unfair preference recoveries.

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Understanding Executor’s Commission in Queensland: A Guide for Clients Wills & Estates
February 2026

Understanding Executor’s Commission in Queensland: A Guide for Clients

Serving as an executor can be a daunting task, especially when managing the estate of a loved one. The role comes with numerous responsibilities, and many people are unaware of what these duties entail and how time consuming they can be.  Further, mo

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Division 7A Loans: Turning a Common Tax Trap into a Structured, Compliant Solution Property Law
February 2026

Division 7A Loans: Turning a Common Tax Trap into a Structured, Compliant Solution

Many Australian business owners operate through a private company structure and, quite understandably, draw funds from their company from time to time to meet personal expenses, fund lifestyle costs, or support family commitments. What many do not f

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ATO Warns on Contrived Property Development Structures: What Developers and Landowners Need to Know Property Law
January 2026

ATO Warns on Contrived Property Development Structures: What Developers and Landowners Need to Know

The Australian Taxation Office has recently issued Taxpayer Alert TA 2026/1, placing a spotlight on certain property development arrangements between related parties that the ATO considers high-risk and potentially non-compliant. The Alert is partic

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Protecting an Elderly Client’s Home: How MDL Recovered a Million-Dollar Interest Lost Through a “Gift Gone Wrong” Property Law
January 2026

Protecting an Elderly Client’s Home: How MDL Recovered a Million-Dollar Interest Lost Through a “Gift Gone Wrong”

At McCarthy Durie Lawyers, we regularly see the best of human generosity — and sometimes, unfortunately, the worst of how that generosity can be exploited. A recent matter involving an elderly client demonstrates both the risks of informal arrangemen

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How McCarthy Durie Lawyers Is Approaching AI — Securely, Responsibly, and for Your Benefit General
December 2025

How McCarthy Durie Lawyers Is Approaching AI — Securely, Responsibly, and for Your Benefit

Artificial intelligence has become one of the defining topics of our time, transforming industries and reshaping how businesses operate. As your trusted legal advisors, we want to share how McCarthy Durie Lawyers is navigating this evolving landscape

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When Good Advice Matters Property Law
December 2025

When Good Advice Matters

How Smart Structuring Protected a Young Homeowner and Avoided $83,000 in Tax Liability At McCarthy Durie Lawyers, we often say that quality legal advice is an investment, not a cost — and one recent matter illustrates that perfectly. A young client

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