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sham trustsdiscretionary trustsasset protection
Lewis v Condon
Lewis v Condon (2013) 85 NSWLR 99; [2013] NSWCA 204
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
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