Damian Clothier KC and Jason Mitchenson appeared for the applicant, instructed by Piper Alderman. This case involved an application by the Joint Venture Testamentary Trust (JVTT) seeking directions, in the nature of judicial advice and pursuant to s 96(1) of the Trusts Act 1973 (Qld), regarding an issue as to…
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…
28-11-22 / Andrew O'Brien KC — Commercial Equity, Succession
Andrew O’Brien appeared for the applicant, instructed by Rouse Lawyers. The applicant, as trustee of a family testamentary trust, sought relief pursuant to s 96 of the Trusts Act 1973 (Qld) for directions that he would be justified in entering into and proceeding with a settlement deed resolving a trust…
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…
