This paper considers cases following the High Court's decision in CPT Custodian, including:
- Halloran v Minister Administering National Parks & Wildlife Act
- Pearson v FCT
- Commonwealth Managed Investments Ltd v CSR (WA)
- CPT Manager Ltd v CSR (NSW)
- GTN Nominees.
The paper also examines the differing views as to whether a unit holder can have a "beneficial interest" in the trust assets, and will review the provisions dealing with CPT Custodian that have recently been introduced in South Australia.