The points you've raised regarding trusts in this thread says to me that you don't have enough knowledge to evaluate a professional's opinion.
in general nobody does alexlee. Believe it or not there are somethings in this world you know nothing about and when the time calls for you to seek professional advice on that subject...you to will find yourself in the same position millions face everyday...how do I know what I dont know? Do i have time to know what I do not know? I know what I'll do! I'll pay a professional! Who is liable for there advice! That way I can carry on with the things I want to focus on...woohoo! And so life continues
For something that's relatively new, like HDTs, one needs to be very careful because there hasn't been enough history to iron out the creases. With a family trust, for example, there aren't as many grey areas because there's plenty of case law and lots of 'standard practice' has been grandfathered in (though new things can still come in such as the Bamford case). Trust Magic, nor any other book or paper, has the force of law, especially when a lot of it is untested in the courts.
Agreed
Not all 'professionals' are created equal.
I love this classic. Anyone who has a different opinion, loves to use this classic line. It's true of course...but i always love the context in which it's used
Even if they are knowledgeable, something like HDTs is still a lot of opinions as opposed to concrete law and precedents.
My own personal opinion is that there are too many uncertainties for me to use a HDT. I've read some of the case law and documents from professional associations, and decided that I'm not comfortable with it. Are you comfortable that it'll pass muster with the ATO because 1) you've read the literature and case law and you're comfortable with your trust deed or 2) you're confident in your chosen professional that they've done (1)?
Good luck with it.