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Donal Griffin

The legal fallout when a carer becomes a partner

Recently, the NSW Court of Appeal reversed an earlier ruling and declared a live-in carer was in fact a defacto partner. Significant financial consequences for the family could have been avoided with preventative action.

Lessons for family businesses from the House of Gucci movie

The ways to avoid family disputes in a business is to have good communication, adequate preparation and helpful dispute resolution. Equality without governance and consensus can leave a business exposed.

Thou shalt not covet … thy neighbour’s house

Do what you want with your estate but there can be challenges in a court. Older people are vulnerable and they can tell people what they want to hear, but carers can also be successful over family beneficiaries.

COVID-19: 'In the midst of death we are in life'

The happiest legal clients are those who dodged a bullet by either divorcing someone they did not like or surviving a near-death experience. The coronavirus is a chance to rethink a life well-lived.

Caveat auditor and feeble SMSF investment strategies

Two court cases have laid the blame for poor SMSF documentation and investments at the feet of auditors. It's not a 'tick and flick' exercise and there are lessons for SMSF trustees and professionals.

The Thorny Birds of McCullough's estate

The final act in the Colleen McCullough drama was a messy court case pitting her former husband against a Foundation, and featured unreliable witnesses the court did not trust.

Latest Updates

A speech from the Prime Minister on fixing housing

“Fellow Australians, I want to address our most pressing national issue: housing. For too long, governments have tiptoed around problems from escalating prices, but for the sake of our younger generations, that stops today.”        

Taxation

Family trusts: Are they still worth it?

Family trusts remain a core structure for wealth management, but rising ATO scrutiny and complex compliance raise questions about their ongoing value. Are the benefits still worth the administrative burden?

Exchange traded products

Multiple ways to win

Both active and passive investing can work, but active investment doesn’t in the way it is practised by many fund managers and passive investing doesn’t work in the way most end investors practise it. Here’s a better way.

Economy

The Future Fund may become a 'bad bank' for problem home loans

The Future Fund says it will not be paying defined benefit pensions until at least 2033 - raising as many questions as answers. This points to an increasingly uncertain future for Australia's sovereign wealth fund.

Investment strategies

Managed accounts and the future of portfolio construction

With $233 billion under management, managed accounts are evolving into diversified, transparent, and liquid investment frameworks. The rise of ETFs and private markets marks a shift in portfolio design and discipline. 

Property

Commercial property prospects are looking up

Commercial property is seeing the same supply issues as the residential market. Given the chronic undersupply and a recent pickup in demand, it bodes well for an upturn in commercial real estate prices.

Infrastructure

Private toll roads need a shake-up

Privatised toll roads in Australia help governments avoid upfront costs but often push financial risks onto taxpayers while creating monopolies and unfair toll burdens for commuters and businesses.

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