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In that case you are wanting protection from potential bankruptcy. Just be aware that it is not as simple as setting up a trust. Strength depends on the structure of the trust and how transactions are structured and managed.

It sounds like you were expecting legal advice from an accountant. He was right to refer your questions to a lawyer, but he got the tax question he was qualified to answer wrong. Trusts do get the 50% CGT discount if the beneficiary of the gain is an individual. Asset protection is legal...

If the person who gifted the money were to become bankrupt a trustee in bankruptcy would try to claw that money back as it can't be demonstrated what the giftor's intentions were. A statutory declaration or a deed would demonstrate their intentions and could be used in court as evidence if need...

Many issues here such as commercial rates - would it be commercial for such a low rate if there is no security? Withholding tax on interest paid to non residents.

1. Not sure what you mean about excluded beneficiaries here 2. What happens to subsequent settlements after the initial settlement 3. There is no requirement that a trust needs to lend for commercial gain. Trustee has duties regarding this, but if the deed expressly permits the trustee...

1. Read the deed 2. Every time money hits an account asset protection is reduced 3. Read the deed 4. Tax is only payable on income, but read the deed carefully and make sure the giftor is not treated as a notional settlor 5. No 6. Don?t worry about proving to the ATO, worry about...