Courts’ supervisory powers and trust variations addressing incapacity of guardian and appointor
In the West Australian case of Dryandra Investments Pty Ltd v Hardie by her guardian Ian Yorrington [2024] WASC 248 (Dryandra case) the trustee sought orders, pursuant to section 90 of the Trustees Act 1962 (WA), that the Court approve and assent to variations to the trust deed of the Dryandra Trust (Trust).
Australian comedian Steph Broadbridge cancels show ‘Raygun: The Musical’ based on allegations of IP infringement from Rachael Gunn (AKA ‘Raygun’)
It is reported that Rachael Gunn (better known as ‘Raygun’) who represented Australia in Break Dancing at this year’s Olympics in Paris has sent a letter of demand to Steph Broadbridge alleging potential infringements of her unregistered trade marks and copyright should Ms Broadbridge perform her musical ‘Raygun: The Musical’. The musical was set to be performed on Saturday, but was pulled following Raygun’s letter of demand.
Trusts and NALI/NALE: part 1
Sladen Snippet – Conversion of Legacy Pensions now Law
As previously noted, the Government has released regulations to permit the conversion of legacy pensions and reserves over a 5 year period and to better allow allocations from non-pension reserves. These regulations have now been tabled in parliament.
Section 99B - TD 2024/9 – updates on the ATO’s guidance
Katy Perry wins out against Australian clothing designer Katie Perry in trade mark dispute
Sladen Snippet - Proposed General and Specific Prohibitions On Unfair Trading Practices – Chance To Submit Your Views
Sladen Snippet - Gainer the sequel - Lost discretionary trust deed - Failed for uncertainty of beneficiaries
In the decision of Application by Gainer Associates Pty Ltd [2024] NSWSC 1437, the Court found that, due to the lost trust deed for the Werner Thelen Family Trust (Trust), the corporate trustee of the Trust (Gainer Associates Pty Ltd – referred to as Gainer) would hold the assets purportedly held for the Trust on resulting trust for the sole beneficiary the late Werner Thelen (Werner), husband of the late Gail Thelen (Gail).
Senior Management liability for the conduct of a company business: Lessons from Productivity Partners Pty Ltd v ACCC
The High Court deemed a tertiary college’s enrolment processes to be unconscionable for creating a risk of unsuitable student enrolment and found that senior management may be held liable as accessories for the actions of the business if they were aware of the primary matters which made the conduct unreasonable.
“I was advised to ignore them” - what to do when faced with copyright demands
Sladen Snippet - Proposed Licensing Regime for the Franchising Sector – chance to submit views
Is your settlement payment unsettling you?
Session 4B: Resolving and avoiding internal disputes in SMSFs
Green Finance: An Australian Perspective
Can you Mislead or Deceive Someone if You Have Honestly Relied on Your Lawyers Advice? A Case Study on ASIC v Retail Employees Superannuation Pty Ltd
The Federal Court of Australia’s judgment in ASIC v Retail Employees Superannuation Pty Ltd highlights that if a corporation honestly relies on advice from their lawyers that may provide reasonable grounds to defend the making of a representation that concerns the present state of affairs.
The Federal Court found that representations made by Retail Employees Superannuation Pty Ltd (REST) regarding their rules and practice were opinions expressed as to the law based on reasonable grounds due to reliance on advice received from their lawyers and other trusted sources. Therefore, the representations made could not amount to misleading or deceptive conduct.
