Varying a Trust Deed – How hard can it be?
Discretionary trust deeds are designed to provide clients with maximum flexibility and most modern deeds give the trustee wide powers of variation.
9 July 2008
Discretionary trust deeds are designed to provide clients with maximum flexibility and most modern deeds give the trustee wide powers of variation.
The Qld Supreme Court decision in Royalene Pty Ltd v Registrar of Titles & Ors (2008) QSC 64 (7 April 2008) involving a forged mortgage registered in 2004, appears to be a win for the registered mortgagee. The decision however must be viewed in light of subsequent amendments made to the Land Title Act 1994 (Qld) (LTA) to reduce the incidence of identity fraud.
In commercial communications business people will often use the phrase ”without prejudice” to try to keep information from being used against them in court proceedings.
The High Court has determined that the Roads and Traffic Authority [RTA] was not to blame for a motor vehicle accident at a known “black spot” as the drivers themselves were at fault.
Client legal professional privilege lies at the heart of Australia’s legal system. Essentially, it is the principle that confidential communications between a client and a legal advisor should be protected to facilitate honest and open communication between them.
In the case of Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Limited [2008] HCA 9, handed down on 26 March 2008, the High Court confirmed that Courts do not have the power to extend time for compliance with a statutory demand after the period for compliance with the demand has expired.