by Jacky Campbell | Jun 24, 2015 | Property
PRINT PDF In Segelov v Ernst & Young Services Pty Ltd [2015] NSWCA 156, the New South Wales Court of Appeal considered the question of whether a trustee owed a duty of notification to a beneficiary of a discretionary trust. The beneficiary did not know that she...
by Jacky Campbell | Sep 18, 2015 | Property
PRINT PDF The Full Court of the Family Court in Trask & Westlake[1] recently explained the form of orders which should be made when real properties are to be sold. The orders made by the Full Court were more complex than the Family Law Courts usually make, using a...
by Jacky Campbell | Oct 18, 2015 | Property
PRINT PDF Two members of the High Court, including the Chief Justice, recently declined the opportunity to develop principles for the assessment of post-separation windfalls and contributions generally. In Singerson v Joans[1] the High Court refused the husband’s...
by Jacky Campbell | Oct 18, 2015 | Property
Recently, the Full Court of the Family Court in Trask & Westlake[1] said that for orders to be “just and equitable” and “appropriate”, they needed to reflect the reasons in the judgment. This seems obvious, but when a real property is to be...
by Jacky Campbell | Oct 18, 2015 | Property
The Full Court of the Family Court has considered the impact of the High Court’s decision in Stanford v Stanford[1] in several cases. In particular, the Full Court in Bevan & Bevan[2] and Chapman & Chapman[3] rejected the notion that Stanford required...
by Jacky Campbell | Dec 18, 2015 | Property
What happens if a court makes a property settlement order under s 79 Family Law Act 1975 (Cth) (“the Act”) after a party dies, without the court having knowledge of the death? This was the dilemma faced by the Family Court of Western Australia in Mooney...
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