Mortgagees should be aware of the recent Court of Appeal decision in Burness v Hill [2019] VSCA 94, which considered the doctrine of marshalling. A solicitor, Hill, held a second mortgage over Property A, belonging to his client, Love, to secure payment of legal fees. The CBA held a first mortgage over Property A and […]
Category Archives: Equitable Principles
The High Court yesterday enshrined the ‘but for’ causation threshold in Barnes v Addy claims for knowing assistance of breaches of fiduciary duty. In Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited [2018] HCA 43, the parties each marketed and provided funeral plans. Two employees of Lifeplan approached Foresters […]
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 […]
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 […]
Thank you to all of my supporters who helped me to raise $5,000 for Bowel Cancer Australia. I was a long way from the fastest finisher but I did complete the marathon. Your generous support helped to push me to the finish.
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 […]
You may have noticed I haven’t posted much to this blog lately. In part that’s because I’ve been spending a lot of time outside enjoying Melbourne’s beautiful winter weather (hail, anyone?) training for a marathon I’m running in October. Last year a dear friend died of bowel cancer, aged 37. Nathan Scarlett’s friends and family […]
