PPSA and PPS Register, general outline; critical issues and applications to the sale of business.

This is a presentation delivered by Dr William Higgs (Barrister-at-Law, Elizabeth Street Chambers) and Alex Chernishev (Senior Associate, Mills Oakley) entitled: PPSA and PPS Register, general outline; critical issues and applications to the sale of business. The paper was delivered at the Lawyers Learning For Charity Conference. Eastern Suburbs Law Society, Law Society of New South Wales. The […]

08, 25, 2015
Comments Off on Trustee duties – general law and superannuation law

By whiggs

Other

Trustee duties – general law and superannuation law

No different approach has been taken: see Re Application of HIH Superannuation Ltd [2003] NSWSC 65; Breckler at 109-110 ([41]); Kowalski v MMAL Staff Superannuation Fund Pty Ltd (No 2) [2008] FCA 691 at [21]– [25]; Telstra Super Pty Ltd v Finch [2009] VSCA 318 at [65]; and J C Campbell, ‘Exercise by Superannuation Trustees […]

08, 25, 2015
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By whiggs

Trustees, Trusts & Trustee Law

Trustee – exercise of discretion

A helpful summary of the principles concerning the grounds on which the exercise of a trustee’s power can be challenged is found in a passage from the decision of Northrop J in Clerical Administrative and Related Employees Superannuation Pty Ltd v Bishop (1997) 76 IR 139, which was cited on appeal by Heerey J (Wilkinson […]

08, 25, 2015
Comments Off on Trustee’s duties

By whiggs

Trustees, Trusts & Trustee Law

Trustee’s duties

Trustees duties: (1) it owes its members a duty to act in the members’ best interests: see Cowan v Scargill [1984] 2 All ER 750 at 760 per Sir Robert Megarry VC: “The starting point is the duty of trustees to exercise their powers in the best interests of the present and future beneficiaries of […]