Melbourne Law School - Theses

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    Discretionary trusts and family property disputes
    Riethmuller, Grant Theo ( 2016)
    Whether property held on a discretionary trust is property of a spouse affects the rights of spouses when obtaining orders for property division under the Family Law Act. It is argued that the court can exercise its supervisory power to direct execution of a discretionary trust, to ensure that a discretionary beneficiary or object is not unconscionably held out of an appropriate share of the assets held on trust. As a result it is argued that the rights of the discretionary beneficiary or object are capable of categorisation as equitable property interests for the property settlement provisions in the Family Law Act.