Posted in Case Note

This is one of the most significant cases in wills and trust law and continues to be applied in Australia, including New South Wales. The decision established the principle that if a beneficiary is an adult, has full legal capacity, and is absolutely entitled to trust property, they can demand th...

This case involved an application by Mr Robert Grant, who was acting as the trustee of a testamentary trust created under his late father’s Will. Mr Grant asked the Court for permission to vary the terms of the trust so that he could manage it more effectively. He wanted powers that weren&...

In this case, an elderly lady Mrs Martin had been living alone. On 21 December 1984, she executed her final Will which she instructed to leave subsequent legacies to friends, relatives and to her church. She also appointed the Public Trustee as her Executor.

Mr and Mrs Bayliss were her neighbour...

This case commonly referred to as McDonald’s case was a significant decision in Australian tax law. The meaning of a partnership at general law was further clarified by the Federal Court.   The case involved Mr McDonald and Mrs McDonald who purchased two strata title units as joint te...

Court: Federal Court of Australia Judge: French J This case commonly referred to as the Richstar decision was a significant decision in Australian corporate law and has also become a seminal case in trust law. The interest of the beneficiary of a trust was elevated to that of their own property...