UK Supreme Court affirms strictness of the ‘no profit’ rule for fiduciaries
Rukhadze underscores the strictness of fiduciary accountability and signals little appetite for reform in either the UK or Australia.
By Theresa Power - 2 min read
Stung by the (lack of) evidence
Old trust, missing records, big tax risk—how an old house can trigger a modern-day headache for estate planners. By MICHAELA SCHMIDT
By Michaela Schmidt - 1 min read
A pricey change of trustees
Section 54 of the Duties Act 1997 can trip any tax lawyer up and can lead to a number of different tax stings for your…
By Amanda Tully - 6 min read
No honour among trustees but what remedies are available?
A divided High Court has handed down a controversial decision that touches on fundamental principles in trust law and creates practical issues.
By Matthew Whittle, Matthew McCarthy and Harrison Main - 2 min read
NCAT affirms application of transfer duty to variation of trust deed
A recent NCAT decision applies the new ‘beneficial ownership’ provisions in the context of discretionary trust variation.
By Mira Brewster - 2 min read
30 June blues
Picture this: your client wants to gift their capital gains but they’re dragging their feet and end of financial year is approaching…
By Jim Main and Michaela Schmidt - 1 min read
Trust matters: Reviewing resulting trusts
Recent High Court decision considers resulting trusts. Lawyers should be mindful that a property’s legal title may not reflect its beneficial ownership.
By Darryl Browne - 3 min read
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.
By Kate Boyd - 1 min read
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.
By Elissa Baxter and Alex Haslam - 1 min read
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…
By Bernard McHardy - 2 min read
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…
By David Sachs - 2 min read