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    Collection of Inside Stories 2015
    Collection of Inside Stories 2015
    Collection of Inside Stories 2015
    Ebook132 pages1 hour

    Collection of Inside Stories 2015

    By Matthew Burgess

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    About this ebook

    As Matthew always works in conjunction with trusted advisers (whether it be accountants, financial advisers or other lawyers) and their clients, finding ways to fundamentally improve the value received by those advisers, and in turn their clients, has led him to develop numerous game changing models. Examples include providing guaranteed upfront fixed pricing, founding what is widely regarded as Australia’s first virtual law firm, and more recently, developing a platform that gives advisers access to market leading advice and support for less than $1 a week.

    Matthew’s specialisation in tax, structuring, asset protection, estate and succession planning has seen him recognised by most leading industry associations including the Tax Institute, the Weekly Tax Bulletin and in the 2014 'Best Lawyers' list for trusts and estates.

    Work is one aspect of his life Matthew loves, so there is no need to be constantly searching for 'balance'. His other great loves are:

    1 Family – they are profiled in various ways through the series of children’s books he has written under the pseudonym 'Lily Burgess' – see www.wordsfromdaddysmouth.com.au and various TV commercials (which is a story for another time);

    2 Learning – going cold Turkey on television and most forms of media in late 2005 (the reasons for this are a story for another time) has radically increased Matthew’s ability to study the great authors and inspired him to recently publish a book that explores the concept of 'true success' – seewww.thedreamenabler.com.au

    3 Health - aside from being a foodie and swimming at least a 5km a week, Matthew installed a stand up workstation in 2007 and among a few other lifestyle choices, it changed his life (again, stories for another time).

    LanguageEnglish
    PublisherMatthew Burgess
    Release dateNov 7, 2015
    ISBN9781925406061
    Collection of Inside Stories 2015
    Author

    Matthew Burgess

    Matthew Burgess is an assistant professor at Brooklyn College and a poet-in-residence in NYC schools through Teachers & Writers Collaborative. His award-winning first children's book, Enormous Smallness: A Story of E. E. Cummings, was a Junior Library Guild selection and an ALA Notable Children's Book. He lives in Brooklyn, New York.

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      Book preview

      Collection of Inside Stories 2015 - Matthew Burgess

      Inside_Stories_2015_Front-Cover.jpg

      National Library of Australia Cataloguing-in-Publication entry

      Author: Burgess, Matthew, author.

      Title: Collection of Inside Stories 2015 / Matthew Burgess;

      ISBN: 9781925406054 (ebook : Kindle)

      ISBN: 9781925406061 (ebook : epub)

      Subjects: Burgess, Matthew View Legal (Firm) Legal services—Australia. Finance, Personal—Australia. Assets (Accounting)—Australia. Tax planning—Australia. Estate planning—Australia.

      Other Authors/Contributors: Dimitrijevics, Otto, book designer.

      Dewey Number: 347.00994

      Collection of Inside Stories 2015

      Copyright 2015 Matthew Burgess

      The moral right of the author has been asserted.

      Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored, or transmitted in any form or by any means, without prior written permission of both the copyright owner and the above publisher of this book.

      While the author has made every effort to provide accurate Internet addresses at the time of publication, neither the publisher nor the author assumes any responsibility for errors, or for changes that occur after publication. Further the publisher does not have any control over and does not assume any responsibility for author or third-party websites or their content.

      The information in this book is of a general nature, not intended to be specific professional advice. Please seek the opinion of a professional to advise you for your situation. The author’s opinions are his own and do not represent the view of any other person, firm or entity.

      The author is not responsible for the accuracy or appropriateness of third-party comments or articles, including those of guest authors and editorial contributions. Any comments, letters, and other submissions are moderated and have been edited or withheld at the sole discretion of the author.

      Published by D & M Fancy Pastry in 2015

      INTRODUCTION

      Matthew Burgess, Patrick Ellwood and Tara Lucke are co founders, with Naomi Arnold, of View Legal.   Having previously founded Australia’s first virtual law firm as a wholly owned subsidiary of one of the country’s leading independent law firms, View Legal is results focused and passionate about delivering new solutions in a way that aligns with their ‘SPS’–service and price satisfaction–guarantee.  As authors, each of Tara, Patrick and Matthew are widely recognised as experts in their fields, who constantly create innovative strategies for the growth, management and protection of wealth.  They are published across a range of topics including:

       The Nine Steps to a Complete Estate Plan.

       The Seven Foundations of Business Succession.

       The Nine Essential Blue Journal Articles.

       The Seven Key Aspects of Testamentary Trusts.

       The Seven Key Aspects of SMSFs.

       The Six Foundation of Taxation of Trusts.

      CHAPTER 1(b)

      ASSET PROTECTION – FAMILY LAW

      Posted 14 July 2015

      ‘Look Through’ Powers of the Family Court

      As set out in earlier posts, and with thanks to the Television Education Network, today’s post addresses the issue of ‘Look through’ powers of the Family Court’ at the following link –

      https://www.youtube.com/watch?v=4I57VXYU0w4&feature=youtu.be

      As usual, a transcript of the presentation for those that cannot (or choose not) to view the presentation is below –

      The ultimate rationale in relation to the look through powers of the Family Court which are extraordinarily wide–the Family Court has powers that do not exist in other area of the law-, is public policy.

      This is because it is seen as inequitable that a party who has been in a longstanding relationship has access to assets that they can effectively deal with as their own via a trust structure, but then suddenly those assets are completely ignored in a property settlement.

      The rules are driven by public policy and this is why the concept of ‘continuum’ as to the way the courts deal with trusts is so relevant. The answer to the question ‘is that asset protected?’ in many situations will ultimately often be ‘it depends’. And it depends on the court’s perception and interpretation as to how that overriding and overarching public policy framework applies to any particular factual scenario.

      Posted 28 July 2015

      Sham Trusts and the Family Court

      As set out in earlier posts, and with thanks to the Television Education Network, today’s post addresses the issue of ‘Sham trusts’ at the following link –

      https://www.youtube.com/watch?v=ERpGAlIf_ro&feature=youtu.be

      As usual, a transcript of the presentation for those that cannot (or choose not) to view the presentation is below –

      Sham Trusts are probably the most interesting aspect of what is otherwise a very interesting topic in terms of structuring of trusts from an asset protection perspective under the family law provisions.

      Ultimately, a sham trust will be held to exist where there has been a deliberate and focused attempt by the people behind the trust to actually completely mislead and deceive anyone else that might have come into contact with it, whether it be other beneficiaries, former spouses or indeed the court.

      Where a sham trust is held to exist, what the court is empowered to do is just completely ignore it as if the trust is a complete nullity. Obviously this is a very radical power given to courts, in that despite the legal

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