The start of the NSW Supreme Court battle over the Hancock/Rinehart family trust has cast a spotlight on the issue of removing trustees from their office. What are the relevant principles when a beneficiary seeks to remove a trustee? Power conferred by the trust instrument The first place to look is the trust instrument. Beneficiaries […]
Tag Archives: barrister
It’s been almost five years since the High Court confirmed that Australian law does not recognise a standalone legal doctrine of waiver, Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570. Waiver is really a shorthand description of the result of the doctrines of election, estoppel, variation by contract and release. As Gummow, […]
For those who weren’t able to make it to the seminar last week, my paper on damages for breach of contract can be downloaded by clicking on this link: Damages for Breach of Contract
Equity, Trusts and More 