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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

Testamentary trusts: Treasury has picked the wrong reading

A decades-old estate planning tool has survived one tax crackdown only to be caught by another. The surprise isn't who the reform is targeting, but who could end up paying the price for drafting choices made years ago.

Latest from Morningstar

Does an American retirement rule work for Australians?

The 4% rule has survived decades of scrutiny, but Australia's retirement system changes the equation in ways most overlook. Before accepting or rejecting this rule of thumb, it pays to understand what really drives retirement outcomes.

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Glencore lands on the ASX. Should BHP and Rio shareholders switch?

A coal-heavy miner with governance concerns isn't the obvious choice for investors. Yet, Glencore's ASX listing may offer something BHP and Rio can't. The challenge is working out whether the opportunity outweighs the risks.

Why does the system treat capital gains and losses differently?

Investors are often told not to let tax policy drive their investment decisions. Yet, under the new CGT rules, portfolio construction, volatility and even how assets are owned may have an outsized impact on their final outcome.

Economy

Three common sense reforms that Australia needs

What do frozen bank accounts, mortgage traps and pension penalties have in common? They're all symptoms of a system that makes life much harder. Yet the obvious solutions seem to have escaped the attention of Canberra.

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The hidden cost of government debt for investors

Some of the important effects of rising public debt never make the headlines. Research shows the immediate effects may already be unfolding, influencing corporate behaviour in ways that many investors would never suspect.

Investment strategies

When do fundamentals matter?

Is fundamental investing losing its grip on markets? Investors continue to search for valuation-based explanations for every price move, but the dominant force behind short-term returns may be something else altogether.

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