Book Review: Modern Trusts and Taxation

AuthorRoger Hamilton
DOI10.1177/0067205X7901000206
Published date01 June 1979
Date01 June 1979
Subject MatterBook Reviews
BOOK REVIEWS
Modern Trusts and Taxation by
YURI
F. R.
GRBICH,
LL.B.,
LL.M.
(Wellington),
PH.D.
(L.S.E.), Barrister of the New Zealand Supreme
Court, Senior Lecturer in Law, Monash University;
GREGORY
D.
MUNN,
LL.B.,
B.C'OMM.
(Melb.),
LL.M.
(Monash),
A.C.LS.,
Barrister and
Soli~itor
of the Supreme 'Court
of
Victoria and
HARRY
REICHER,
B.EC.,
LL.B.
(Monash),
LL.M.
(Melb.), Lecturer in Law, Monash University.
(Butterworths,
1978),
pp. i-xix, 1-283, 284-327. Paperback, recom-
mended retail price $22.80 (ISBN: 0909 83571
3).
This book
is
the first in aseries which bears the general title
of
"Commercial Law in Context" sponsored by the
Law
Faculty of
Monash University.
The
concept
is
amost welcome development in the
field of legal publishing and
is
an extension of the activities of the
Faculty in the field of continuing legal education.
The
Monash Law
Faculty has developed aprogramme of continuing legal education (CLE)
which
is
perhaps unequalled in Australian law schools. Its breadth of
scope and organisational success owes much to the vision and efforts of
the incumbent of the Sir
John
Latham
Chair
of Law, Professor Robert
Baxt, who
is
also General Editor of this new series.
The
book
is
acollection of articles from anumber
of
legal academics,
private practitioners and an accountant on
an
area of intense contem-
porary interest, the treatment of the income of trust estates under the
Income
Tax
Assessment
Act
1936 (C'th).
It
appears
that
many of the
contributions were earlier in the form of papers presented to seminars
arranged under the auspices of the Monash
CLE
programme, which
are now being exposed to awider public.
Tihe
stated rationale behind the "Commercial Law in C'ontext" series
of publications
is
to present as rapidly as possible
current
thinking about
legal and practical issues in the world
of
commerce. Its appeal
is
not
restricted to lawyers but should find areceptive audience amongst
others who have aprofessional interest in the impact
of
the law and
the legal system on business, such as accountants, managers, economists
and policy makers. The presentational style
is
generally spare yet well
balanced, but without excessive concentration
on
legal technicalities
which may tend to alienate the non-legally-trained reader.
Speed
of
production
is
an
essential requirement for the commercial
success of apublication of this nature yet the standard
of
presentation
gives little indication of haste. The work
is
carefully constructed and
there are few typographical, cross referencing
or
indexing faux
pas.
The law of taxation in Australia
is
afield which
is
in aconstant state
of change. T'he present T'reasurer's campaign against tax avoidance
arrangements has led to amendments to the Assessment
Act
proceeding
at
an
unprecedented pace.
Each
year the numbers
of
decisions
of
the
Taxation Boards of Review and State and Federal courts
run
into the
hundreds. Indeed, small parts of this book have already become
redundant by reason of the passage of the Income
Tax
Assessment
Amendment
Act
1979
(eth)
which amongst
other
things, reversed the
203

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