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Trust busting (Part 2): Constructive trusts

By Leone Farquhar - May 2017

There have been a number of Court decisions in recent years in which it has been found that assets of a trust can be accessed for the purposes of a relationship property division. In Vervoort v Forrest & Ors the Court of Appeal refused to recognise the existence of a constructive trust, however lessons can be learned from this decision, which Leone summarises in this article.

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Could your trust be busted too?

By Leone Farquhar - November 2016

For many years, trusts have been used as a form of asset management and/or asset protection. They are still very much a useful tool for this, however, the recent Supreme Court case of Clayton v Clayton is a warning that trusts can be “busted” in certain circumstances.

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Franchise update: Restraints of trade in the age of LinkedIn

By Daniel Shore - August 2016

Daniel considers a recent case concerning a franchisee’s restraint of trade in the context of using business networking social media.

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Retirement village disputes: Who decides?

By Leone Farquhar - June 2016

Many people may not realise that there is a separate process for dealing with retirement village disputes. This article summarises key information regarding the retirement village disputes process and also discusses some of the issues with the process.

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Contract and negligence claims - How late is too late?

By Leone Farquhar - February 2016

Can I make a claim? Can I stop someone else from making a claim against me? The answer could be to do with limitation. However, figuring out which limitation period applies to a particular matter is not necessarily straightforward. This article sheds some light on the limitation periods that apply to contract claims and negligence claims, including claims around defective building work.

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