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Key decisions

  • Barr v Rockman [2017] VSC 581
  • Sergent v Glass [2017] NSWSC 1446)
  • The Estate of Nicholas Paul Enright [2017] NSWSC 1646
  • Public Trustee (WA) v Mack [2017] WASC 325
  • Lemon v Mead [2017] WASCA 215
  • Smoje v Forrester [2017] NSWCA 308
  • Lodin v Lodin [2017] NSWCA 327
  • Yee v Yee [2017] NSWCA 305
  • McCabe as Syndic for the Victor Chang Cardiac Research Institute Ltd (ACN 068 363 235) v The Baltins Superannuation Fund [2017] NSWSC 1671

Distribution after considering contingent liability

Shortly before the deceased’s death in October 2007, a person was injured on property owned by the trustee of the family trust. The injured person commenced proceedings for compensation. The proceedings were resolved on confidential terms.

In Barr v Rockman [2017] VSC 581 the executor of the estate and trustee of the trust sought directions that they were at liberty to distribute the estate and the trust funds without making any retention or provision in respect of a potential contingent liability arising out of the motor vehicle accident.

The Court made these directions having regard to the injured person being compensated, the event not suggesting the executor’s, trustee’s or deceased’s negligence, insurance policies provided reasonable protection to the estate, trust and contingent creditors, and the intention to distribute having been advertised (at [35]).

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