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Succession Publications

“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…

Appearing on an Application

12-10-22 / Nicholas Andreatidis KC, Florence Chen — Banking, Building & Construction, Commercial Equity, Contract, Corporations, Resources & Energy, Succession, Tax

'Appearing on an Application' was the third of four presentations provided by Queensland Young Lawyers and Level Twenty Seven Chambers. The series aimed to provide informative and practical sessions on skills barristers and solicitors are often expected to know but not always formally taught. This seminar provided a checklist of…

Docs, eTrials & Practice Directions

18-11-21 / Nicholas Andreatidis KC, Florence Chen, Oliver Cook — Building & Construction, Commercial Equity, Contract, Corporate Insolvency & Bankruptcy, Corporations, Human Rights & Discrimination, Insurance, Native Title & Cultural Heritage, Professional Negligence, Resources & Energy, Succession, Tax

This presentation was the final installment in a series of four co-hosted by Queensland Young Lawyers and Level Twenty Seven Chambers. The series aimed to address practical and everyday topics for junior lawyers. Nicholas Andreatidis QC, Florence Chen and Oliver Cook discussed why the topic was important to the legal profession…