Lost Trust Deeds – Part 2

Almost 12 months ago, I re-blogged Dominique Hogan-Doran’s post about the mechanics of proving the contents of a lost trust deed (here). Much has happened in the past year.  Ms Hogan-Doran SC acquired post nominals (congratulations).  Also over that time, my instructing solicitors Goldman Legal and I successfully navigated the lengthy process of establishing the contents of […]

Lost trust deeds

If your client has lost a trust deed, and all copies of it, what should they do? The leading texts are silent on this question, but thankfully my colleague Dominique Hogan-Doran has prepared a thoroughly helpful and practical guide for what to do in order to make an application to the Court seeking a declaration […]

Equitable claim against a trustee in bankruptcy transferred to the Federal Court

In the light of a recent Court of Appeal decision, great care should be exercised in choosing the court in which to issue proceedings claiming an equitable interest in the property of a bankrupt. In Turner v Gorkowski [2014] VSCA 248, the Victorian Court of Appeal transferred to the Federal Court a Supreme Court proceeding in […]

A how-to guide for small business break-ups

I recently presented a seminar and workshop titled ‘When Small Business Relationships Go Sour – Options and Strategies for Recovering your Client’s Investment’. It is a practical overview of the ways to bring an end to relationships governed by structures involving trusts, companies and partnerships. The seminar paper is now available to download here: Small Business […]