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Australia sham trustsdiscretionary trustsasset protection

Lewis v Condon

Lewis v Condon (2013) 85 NSWLR 99; [2013] NSWCA 204
JurisdictionAustralia
CourtSupreme Court of New South Wales - Court of Appeal
Year2013
StatusBinding authority

Key Principle

A trust is not a 'sham' merely because it was created for an improper purpose (such as to deceive a spouse or evade tax); a sham requires a common intention that the trust documents not have the legal effect they purport to have, so where the settlor genuinely intended to create the trust an improper motive does not render it a sham.

Area of Law

General

Related Cases

Hopper & Anor v State of Victoria [2026] HCA 11
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101
City of Parramatta Council v Transport for NSW [2026] NSWSC 294

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