Forums / Getting Technical / Legal & Accounting / ASSET PROTECTION Dominique Grubisa

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  • Profile photo of AparesApares
    Participant
    @apares
    Join Date: 2016
    Post Count: 3

    Hey there, Has anyone had this experience ?

    Baffled.

    So have purchased the Dominique Grubisa Vestey Trust Master Wealth Control package.

    We have a 30 day back guarantee for full refund. She sounds amazing on stage but then like so many, realise we have bought into the fear tactics and not sure if her offering legally stands. Dominique is a story teller and aspiring actor. Stage skills are great as a speaker. She is talented.

    She says in her presentation that she is a lawyer and barrister.

    Since doing due diligence within the 30 days we are very unsatisfied, [edited after receiving a legal letter from Dominique’s legal team threatening defamation].

    Then when we ask for the REFUND as within the 30 days of purchase, Dominique states she requires an Assets Questionnaire to be filled out. Question that are very private. Listing all assets and properties including titles, volume. She does not state what she does with this information, how long its kept for.

    Feel vulnerable. Is this within composer laws ?

    Not sure what to do ?

    • This topic was modified 2 years, 4 months ago by Profile photo of Steve McKnight Steve McKnight. Reason: Legal letter received
    • This topic was modified 2 years, 4 months ago by Profile photo of Steve McKnight Steve McKnight.
    Profile photo of AparesApares
    Participant
    @apares
    Join Date: 2016
    Post Count: 3

    Is this within *CONSUMER laws ?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    See legal advice!

    Why cannot she give legal advice? Perhaps because a conflict of interest. If she is operating a business selling products then she may not want to advise on those products because it could be deemed biased.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of Patrick OwPatrick Ow
    Participant
    @pengow
    Join Date: 2016
    Post Count: 7

    Apares

    [edited after receiving a legal letter from Dominique’s legal team threatening defamation]>.

    If she appears on the Australian Legal Profession Register, then she is able to give legal advice.

    • This reply was modified 2 years, 4 months ago by Profile photo of Steve McKnight Steve McKnight. Reason: legal letter
    Profile photo of MaalamaalMaalamaal
    Participant
    @maalamaal
    Join Date: 2016
    Post Count: 8

    What made you ask for refund @apares ?

    Guys whats the difference between vestey trust and all other family or hybrid trusts ?
    which trust is legally better to get avoided being sued for any kind of unknown mistakes we do?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    I believe it is just a marketing term – the name doesn’t really matter. If you want asset protection on bankruptcy you should really get legal advice (from a lawyer) because the trust deed is only one part of it. The important part is how the transactions are structured.

    For example if you make a ‘gift’ without anything changing hands the gift will fail at law.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of MaalamaalMaalamaal
    Participant
    @maalamaal
    Join Date: 2016
    Post Count: 8

    Thanks @terryw for your advice.
    I am pretty new with these terms so getting confused.
    one of the seminar i attended we were told that every asset needs to be under a separate trust and attached to a company and Dominique was saying that all assets can be under one single trust and we can use vestey trust concept to make it fool proof.

    I am not sure which way to go and lost in this concepts.

    Can anyone recommend a legal firm which does this sort of things and explain in detail to us.

    Profile photo of AparesApares
    Participant
    @apares
    Join Date: 2016
    Post Count: 3

    hi there, vestey trust apparently is a normal trust and is a clever marketing term.

    we got a refund cos there were too many ‘gaps’ that did not stack up for us.

    we found other alternative options that are more encompassing. It’s not just the legal aspect to consider.

    encourage you to do your own due diligence and especially on the credibility (like with anything) by speaking to someone like Terry who has posted here and appears to have extensive knowledge about asset protection (going by his posts) and can provide a better neutral insight. then decide whether the vestey is for you.

    Profile photo of JacqJacq
    Participant
    @quaqua
    Join Date: 2015
    Post Count: 0

    Hey there,

    What ended up happening?

    I’m really unhappy with the service. I signed up too.

    Check this FB page if you are still having issues. There is new light being shed on Capital gains tax – equitable interests – transfer of assets to trust. New ruling from ATO.

    Cheers

    Profile photo of JacqJacq
    Participant
    @quaqua
    Join Date: 2015
    Post Count: 0

    Another question for all who bought the MWC – did anyone receive a PDS? I cannot locate one myself. They are required to and it should mention the information on CGT.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    Hey there,

    What ended up happening?

    I’m really unhappy with the service. I signed up too.

    Check this FB page if you are still having issues. There is new light being shed on Capital gains tax – equitable interests – transfer of assets to trust. New ruling from ATO.

    Cheers

    What is the link for this please.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of JacqJacq
    Participant
    @quaqua
    Join Date: 2015
    Post Count: 0

    Hi Terry,

    Sorry! FB link is https://www.facebook.com/DG-Institute-Graduates-independent-233134494174785/

    You may have to join to read. Not sure as I am member of the group.

    Profile photo of JacqJacq
    Participant
    @quaqua
    Join Date: 2015
    Post Count: 0

    Hi Terry,

    The posts appear to have been taken down. I have sent a PM to find out more. ;)

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    Thanks Jacq

    I could view that page even without being a facebook member.

    There is a link on that facebook page to a private binding ruling from the ATO:
    https://www.ato.gov.au/law/view/document?docid=EV%2F1051448104408&fbclid=IwAR3zSnp9aviI6ahdprn3ovHXEfpX8Z9v7O5pAZKFwzJ7PnJ79PgKLbnPlIc
    Authorisation Number: 1051448104408

    These rulings only apply to the person that makes the application so they cannot be relied upon by others, but they are good to read as the ATO will answer and explain their answer.

    It seems this applicant entered a deed which assigned their equitable interest in assets, possibly land, to the trustee of a discretionary trust. It is well known, common knowledge, but tax practitioners that this would cause a CGT. Change of legal ownership won’t but change of beneficial ownership will.

    But merely gifting ‘cash’ to a trustee and borrowing it back will not be a CGT event because cash is not a CGT asset.

    From what I have seen it would be unusual for an asset protection lawyer to recommend an assignment of an equitable interest like this.

    This private ruling may not relate to the Grubisa system.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    But then again it might.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of JacqJacq
    Participant
    @quaqua
    Join Date: 2015
    Post Count: 0

    CORRECTION

    Hi Terry,

    It states in the Briefing Paper to Accountant that there is NOT a transfer of title and therefore no CGT. Would I be able to email you my Testamentary Trust for you to have a look at? Happy to pay you a fee.

    Cheers
    Jacq

    • This reply was modified 3 months, 3 weeks ago by Profile photo of Jacq Jacq.
    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,110

    Not transferring title doesn’t mean that CGT doesn’t apply. In many cases it does
    a) granting an easement
    b) granting a life interest
    c) declaring a trust
    etc

    Yes I could review legal documents for you. I testamentary trusts are a speciality of mine. Was it drawn up after legal advice? You can email me direct if you wish.

    Terryw | Structuring Lawyers / Loan Structuring Pty Ltd
    http://propertytaxbook.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

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