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Interlocutory trust dispute over leave to amend, joinder of the children as defendants, and whether claims for unpaid distributions and trustee removal could proceed.
The Court of Appeal dismissed an appeal about trust distributions, holding that post-2011 decisions were excused under s 85 and earlier claims were time-barred.
The Court of Appeal rejected a trust claim over the Chinchilla Property, but held the first-instance costs order miscarried because the money claims were not addressed.
Secretary, Department of Social Services v Hulett [2025] FCA 23
The Federal Court dismissed the Secretary’s appeal, holding that the Tribunal could find a common intention constructive trust based on the daughters’ reliance on the family agreement.
Catanese v La Cava [2024] NSWSC 1661
The court partly increased statutory trustees’ remuneration from $40,000 to $80,000, but refused their application to recover their own legal costs from the trust.
Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 3) [2024] FCA 1171
The Federal Court held Jarvis liable over a fraudulent transfer of unit 16 and found Andrew Hanna liable for half the contract price of unit 21. Claims against Ms Shonoda failed.
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (Trial Judgment) [2024] FCA 766
The Court held that Gold Stone’s loans were unauthorised, imprudent and made for an improper purpose, and that Ms Lin, Mr Cai and Mr Darmali procured the breaches.
Fairfield Pastoral Holdings Pty Ltd as trustee of the Piney Ridge Trust v Van Niekerk [2023] FCA 1185
The Federal Court dismissed a trustee’s claim for indemnity over a loan used to fund a failed purchase, holding the claim was barred by Anshun estoppel.
Queensland Nickel Sales Pty Ltd v Park in his capacity as liquidator of Queensland Nickel Pty Ltd (in liq) [2023] FCAFC 150
The Full Court dismissed an appeal about liquidation funding, trustee indemnity and a settlement deed, upholding payment of litigation funding and related expenses from trust assets.
Mawson v AVet Health Pty Limited [2023] FCA 742
The Federal Court refused a trustee’s bid for judicial advice, finding the trust deed’s legal-advice clause made the application unnecessary and the pleadings failed to specify any relief.
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