Trust Law: The Future After Clayton and Erceg 2016

Author(s): compilation of papers


Materials comprise Paper and PowerPoint handout


Kate Davenport QC; Andrew Steele, Partner, Martelli McKegg | Chair: Dennis Jenkin, Barrister, Cowan Street Chambers


Recent decisions from the Court of Appeal (Erceg) and the Supreme Court (Clayton) have both changed and clarified key aspects of trust law in regard to the rights of beneficiaries to seek information from trustees, when assets held in trusts may be considered to be relationship property and what constitutes a nuptial settlement for the purposes of section 182 of the Family Proceedings Act 1980. This seminar will look at how the cases have changed the trust landscape as well as offering suggestions  on how to adapt to, and deal with the resulting developments.

These materials will help you:

  • Learn more about trustees’ discretion to grant a beneficiary’s request for information and the effect on this discretion of a settlor’s desire for confidentiality. 
  • Gain an understanding on how the trustees’ discretion may differ in other contexts i.e. towards beneficiaries under a will trust or claimants under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949. 
  • Gain an understanding of when the Courts may consider trust powers to be relationship property and how the principles may be extended both within the family law context and outside it, for instance, in insolvency and creditor claims generally.
  • Gain insights into how practitioners may frame trust deeds to avoid unexpected consequences of the  Erceg and Clayton Judgments.

Intended audience:

Trust, family and property lawyers, litigators and all other lawyers who advise on trust matters.

Publication dateJuly 2016
FormatPDF and/or hard copy
CPD Seminar Papers ISBN: W0464/P
ADLS Members $ 33.91
Non-Members (lawyer) $ 45.22
Non-Members (public) $ 45.22
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