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