Trust structures are common forms of business and asset ownership structures. Our team of specialist trust lawyers have assisted individuals, families, SMEs and large organisations structure their businesses and investment structures to achieve financial and other commercial objectives through various types of trusts.

  • Some examples of where trusts exist in standard transactions:
  • Shares in private companies
  • Trusts used by multiple people for investment purposes
  • Joint venture arrangements
  • Business partnerships
  • Investment vehicles for specific business purposes
  • The protection of family assets and financial affairs
  • Superannuation funds
  • The operation of business in ‘trading trusts’
  • Trusts established for charitable purposes
  • Accounts held by lawyers, real estate agents and accountants on behalf of their clients
  • Tax planning

Trusts are generally renowned as private investment vehicles, existing in different markets and sectors of the Australian economy. Unlike companies (public and private), there is no online register for trusts, therefor non-trading trusts which do not hold an Australian Business Number remain unknown in the public domain.

There is a common misunderstanding that Trusts is a legal entity or a person, like a company or individual. However a trust is not separate legal entity or person, but instead a trust is a relationship recognised and enforced by the courts in the context of their ‘equitable jurisdiction’.

There are a number of different types of trusts, including (but not limited to):

  • Discretionary trusts
  • Unit trusts
  • Bare Trusts
  • Hybrid Trusts
  • Fixed Trusts
  • Superannuation Trusts
  • Charitable Trust

Each different type of trust has its own advantages and disadvantages and should be strategically utilised for different investment purposes. Each type of trust has different rights and entitlements with respect to income and capital, and the differing rights and entitlements serve a useful purpose in a corporate structure depending on the activity, or investment purpose.

Our team of expert trust lawyers assist clients consider the tax consequences and asset protection considerations relevant to specific investments, and work with clients to determine the ideal trust structure to achieve commercial and legal objectives.

Talk to one of our expert lawyers today.