Unpacking Bendel and what it means for UPEs

Unpacking Bendel and what it means for UPEs

The High Court has handed down its decision in Bendel. In this episode, we work through the majority’s decision. We cover the journey from the ART through to the High Court, the critical role of the trust deed and the significance of the resolutions made in Bendel. We also look at what the decision doesn't resolve and what advisers need to be thinking about before they draft their next resolution. Listen now.

The legislation lands — what do the 2026 Federal Budget tax changes mean in practice?

Two weeks on from the 2026 Federal Budget, Fletch and Sarah are back to unpack the draft legislation and explanatory memorandum that have already hit Parliament. In this episode, we work through three of the proposed tax reforms in more detail: the removal of the 50% CGT general discount (with its asterisks and carve-outs); the quarantining of negative gearing losses on certain residential dwellings; and the new Division 119 minimum 30% tax on capital gains. We cover the transitional rules, the new capital gains method statement, and the indexation rules for individuals and trustees. We also look at the significant details still left to ministerial discretion — including the question of what will qualify as a 'new residential dwelling' — and what that means for advisers trying to give practical guidance right now. Listen now.

2026 Federal Budget recap: trusts, CGT and negative gearing

In this episode of Tax Archives with Fletch and Sarah, we discuss our initial reactions to last night's 2026 Federal Budget — the most tax-heavy budget we've seen in years. We cover three tax measures: the 30% minimum tax on discretionary trusts; changes to the CGT general discount; and the long-debated negative gearing reforms. We look at what the minimum tax means for trustees and beneficiaries, why bucket companies are persona non-grata, and what the return of cost-base indexation will mean in practice for advisers and their clients. Listen now.

Commissioner of Taxation v Morton: is the farm being sold on capital or revenue account?

In this episode of Tax Archives with Fletch and Sarah, we look at the Full Court's decision in Commissioner of Taxation v Morton and unpack what it means for landowners caught in the path of urban sprawl, developers and their advisers. The case is a reminder that even a 1,600-lot subdivision can be a mere realisation of a capital asset — but what was critical for Mr Morton will not be critical for all landowners (or developers). The terms of any development agreement are key. Listen now.

SNA Group Full Court decision: when family agreements fall apart

In this episode of Tax Archives with Fletch and Sarah, we look at the Full Court’s decision in SNA Group and unpack what it means for private groups, family businesses and their advisers. With increasing scrutiny from the ATO and State revenue authorities, strong documentation and governance are no longer optional — they are essential. Listen now.