Ellison v Sandini Pty Ltd [2018] FCAFC 44

INCOME TAX – capital gains tax – roll over relief – whether Family Court order resulted in a change of ownership within the meaning of s 104-10 of the Income Tax Assessment Act 1997 (Cth) (the ITAA) – whether Family Court order constituted CGT event A1 as defined in 104-5 of the ITAA – whether the effect of Family Court order was such that the roll over relief provisions contained in Subdivision 126-A of the ITAA were engaged – whether primary judge erred in holding that a change of ownership had occurred as a result of the deeming provision contained in s 103-10 of the ITAA

EQUITY – unnumbered and uncertificated shares in public company – creation of trust over part of shareholding by Family Court order - beneficial ownership – requirement for certainty of subject of trust – shares as a fungible asset. Click here.