Latest News
View AllDoyle's Guide to Leading Wills & Estates Litigation Senior Counsel Qld 2024
Roger Traves KC — Succession
Roger Traves KC has been recommended in the 2024 Queensland edition of the Doyle's Guide as a leading Senior Counsel in Wills & Estates Litigation. This ranking highlights those Senior and King's Counsel who are acknowledged by clients and peers for their exceptional expertise of Wills and Estates matters throughout…
Upcoming Seminars
View AllNo seminars are currently available
Latest Publications
View All“One Day This Will Be Yours”: Estoppel By Encouragement And Acquiescence
10-1-24 / Roger Traves KC — Contract, Succession
Promises, representations or conduct which leave a party with an expectation that they will receive property in the future not infrequently lead to dispute and litigation. A reasonable approach to cases such as these is to assess whether the conduct amounts to a contractual promise (for example, a contract to…
The Use and Limits of Statutory Purpose in the Interpretation of Legislation
27-11-23 / Roger Traves KC — Appellate, Banking, Building & Construction, Commercial Equity, Contract, Corporations, Inquiries & Coronial Inquests, Insurance, Judicial Review & Administrative, Land Law & Property, Native Title & Cultural Heritage, Planning & Environment, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy, Sport, Succession, Tax
In his article The Use and Limits of Statutory Purpose in the Interpretation of Legislation, Roger Traves KC considers a framework of approach to statutory construction and the use and limits of statutory purpose. Who should read? Advisory and litigation lawyers across all practice areas. What does the…
Recent Developments in Trust Law Affecting the Obligations of Trustees of Discretionary Trusts
19-10-23 / Mark Robertson KC — Succession, Tax
Discretionary trusts in Australia are drafted to give trustees maximum flexibility in the exercise of their discretions, which are variously described as “uncontrolled”, “absolute” and even “irresponsible”. Since the 19th century the Courts have declined to examine the exercise (or non exercise) of these discretions, except in very special circumstances. The…
Recent Cases
View AllWilliams v Robba [2025] QSC 203
26-8-25 / Shane Monks — Commercial Equity, Succession
Shane Monks appeared for the applicant, instructed by Muir Legal. The applicants in this proceeding sought a review and directions by the Court pursuant to sections 8(1) and 94(1) of the Trusts Act 1973 (Qld) in respect of a determination made by the trustees of a superannuation fund. That determination…
Merker & Ors v Merker & Anor [2022] QCA 277
23-12-22 / Sean Russell — Succession
Sean Russell (with C Jennings KC) appeared for the appellants, instructed by Russells. The judgment is published here.
Merker & Ors v Merker & Anor [2021] QSC 285
9-11-21 / Sean Russell — Succession
A dispute over land pleaded to be held in trust. The plaintiffs submitted that the disputed land was held in constructive trust for each of the plaintiffs and their brother. The plaintiffs further submitted that it is unconscionable for the first defendant to retain the property due to a common…
