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 readA recent NCAT decision applies the new ‘beneficial ownership’ provisions in the context of discretionary trust variation.
By Mira Brewster - 2 min readPicture 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 readRecent 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 readHigh 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 readLimitation 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 readProtective 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 readConflict 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 readProprietary estoppel requires a plaintiff to assume that an interest in property will be granted but not always that a ‘particular legal relationship’ existed. By…
By Madeline Bow and Lorri Field - 3 min readRobert William Fischer & Ors v Nemeske Pty Ltd & Ors considers the extent to which a change in ownership of trust assets is necessary when…
By Anthony Lo Surdo SC - 2 min readThe Legal Profession Uniform Law and Rules commenced in New South Wales and Victoria on 1 July 2015. By CHELLY MILLIKEN.
By Chelly Milliken - 1 min read