Smarter Lawcast with Hall & Wilcox

What can be done if a trust deed is lost? William Moore and McLane Edinger discuss practical steps to take, including speaking to any professional who may have had dealings with that trust, applying to a court for an order or declaration, or seeking a deed of confirmation.

What rights to information do beneficiaries of a trust have? As many trusts pass to the next generation, some beneficiaries want information from the trustee, such as what assets it holds what the terms of the trust deed are. William Moore and McLane Edinger discuss the approach courts take and issues trustees should consider if they receive an information request.

William Moore and David Dickens discuss the themes they are seeing in trust disputes, including trustee decisions being challenged by beneficiaries, and how trustees should approach the exercise of their powers including making distributions.

Trusts are a significant part of estate planning, but there are risks if the trust deed is not prepared or administered properly. William Moore and McLane Edinger discuss variation powers for trusts, including the breadth of variation powers, problems to look out for, what to do if there is no variation power, and how to avoid triggering capital gains tax issues.

Bridget Wall, Mitch Stein and guest Helen Townley, the National Directory of Policy and Accreditation at the Australian Health Practitioner Regulation Agency (AHPRA), discuss changes to AHPRA’s social media guidance to clarify the types of notifications that are more likely to trigger an investigation, for example publishing false or misleading information or breaching confidentiality. They also discuss AHPRA’s changes to advertising guidelines, particularly in relation to cosmetic surgery and cosmetic services.

Scott Butler, Alison Choy Flannigan and Ed Paton discuss the regulatory changes, financial challenges and M&A consolidation being experienced by the aged care sector. They outline specific regulatory issues affecting M&A in the aged care sector, why directors need to be aware of the safe harbour provisions, and differences between distressed and non-distressed transactions.

Partners Nicole Tumiati and Jacqui Barrett discuss how the challenging economic environment is impacting on the retail industry. Cost of living and high interest rates mean consumers are cutting back on discretionary spend, while retailers are trying to manage high operational costs, such as supplier contracts, leases, insurance, cyber risk, supply chain issues and retail crime. Nicole and Jacqui outline how retailers can manage these impacts by being innovative and resourceful, such as re-examining contracts with suppliers, pivoting into online offerings, managing stock levels better, streamlining the business if there are multiple streams, or buying complementary businesses to secure supply chains.

Bridget Wall, Mitch Stein and guest Luke Kelly, a pharmacist and Pharmaceutical Society of Australia NSW Branch President, discuss major reforms to Australia’s regulation of vaping products, which has changed the way vapes can be imported, manufactured, supplied and advertised in Australia, and the impact this has had on pharmacists, as all vapes and vaping products, regardless of whether they contain nicotine or not, now only able to sold in a pharmacy for the purpose of helping people quit smoking or manage nicotine dependence.

Partners Mark Petrucco and Stefan Fenk discuss the stresses the building construction industry has experienced over the past 12-18 months, and impacts on head contractors, subcontractors, project owners and developers. With cost pressures increasing insolvency risks, they discuss voluntary administration, ipso facto provisions, how to mitigate risks of engaging parties that may become insolvent down the track, and what pockets of the market have been more robust against insolvency risks.

Bridget Wall, Mitch Stein and Alison Choy Flannigan discuss Australia’s booming medicinal cannabis market. What activity are we seeing from regulators including the Therapeutic Goods Administration and AHPRA? What is best practice for medical and pharmacy practitioners when prescribing and dispensing, and does telehealth pose any risks? They also outline tips for practitioners on how to best prepare their practices to appropriately and legally dispense medicinal cannabis.