Accounting for the ‘wholesale plundering’ of a business

High Court confirms knowing participant in a breach of fiduciary duty is liable to account for any benefit gained as a result. By KATE BOYD.Snapshot…

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Limitation periods in equity – taking an analogous approach

Limitation periods for equitable causes of action are not straightforward and require careful investigation and analysis. Consult Lawcover’s schedule. By ELISSA BAXTER and ALEX HASLAM.Snapshot…

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Putting your trust in management

Protective orders will be measured, not only against what is in the interests and for the benefit of the person in need of protection, but…

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Characters in conflict: how well do you know your former clients?

Conflict is not limited to obtaining pieces or categories of confidential information. It can include familiarity with a party’s strengths and vulnerabilities – its ‘litigious…

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Proprietary estoppel and the risks of mixing family and business

Proprietary estoppel requires a plaintiff to assume that an interest in property will be granted but not always that a ‘particular legal relationship’ existed. By…

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Exercising powers of advancement under a trust

Robert William Fischer & Ors v Nemeske Pty Ltd & Ors considers the extent to which a change in ownership of trust assets is necessary when…

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Trusts and transitional provisions under the new legal profession uniform law

The Legal Profession Uniform Law and Rules commenced in New South Wales and Victoria on 1 July 2015. By CHELLY MILLIKEN.Snapshot The Legal Profession Uniform Law and Rules commenced in New South Wales…

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