Trustees rights generally (indemnification and exoneration)

Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 A corporate trustee is acting properly in its capacity as trustee, it has the following rights (at [14]): (i) when a corporate trustee incurs a liability on behalf of the trust, it has a right of indemnity out of the trust assets and retains an equitable […]

08, 16, 2015
Comments Off on Review sites, testimonials and chat rooms as evidence to prove your case in court. Sorry, no way!

By whiggs

Evidence

Review sites, testimonials and chat rooms as evidence to prove your case in court. Sorry, no way!

In Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 at 361-362, Dixon J stated: “[W]hen the law requires the proof of any fact, the tribunal must feel an actual persuasion of its occurrence or existence before it can be found. It cannot be found as a result of a mere mechanical comparison of […]

08, 15, 2015
Comments Off on Approach this Court should take on appeal – Warren v Coombes

By whiggs

Appeals

Approach this Court should take on appeal – Warren v Coombes

From Kitgetzis v Roche [2014] VSC 657 (Rush J) Case involved motorbike collision with plaintiff notwithstanding plaintiff crossing street against red man signal motorbike rider could be negligent. At first instance the finding was that the applicant (motorcyclist) was negligent and that the respondent (pedestrian) was contributory negligent to the extent of 60 per cent.. Appeal […]

08, 15, 2015
Comments Off on Dont be an average Transactional Lawyer

By whiggs

Banking and Finance Law, Transactional Law

Dont be an average Transactional Lawyer

Transactional lawyers are often seen as the negotiators of the legal world. Requiring enough aplomb to sway the mediator, and enough aggression to push for the best possible deal for their client, transactional lawyers often need to walk a tightrope of rhetoric and resolve. However, by adhering to the tips below, you can ensure the […]