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Publications

Trust disputes and the High Court

By Leone Farquhar - December 2017

Trust disputes often arise due to differing views and personalities amongst trustees and/or trustee misconduct. Sometimes a ‘problem trustee’ is willing to retire, and retirement and replacement simply happens via the trust deed. But often that is not the case, or is not possible, and the High Court needs to step in. This article addresses the High Court’s jurisdiction around trusts and, in particular, trustee removal and replacement.

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Beneficiary access to information - The new Trusts Bill

By Leone Farquhar - August 2017

A beneficiary of a Trust does not have a right (as such) to information held by the Trust. Beneficiaries can request information from trustees, however, trustees can refuse to provide it in exercising their fiduciary duties. But what does that mean/what process do they have to go through in deciding whether or not to disclose information? If the new Trusts Bill is enacted, the law around disclosure of information to beneficiaries will be made clearer.

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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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