New costs rule

On 19 December 2014, a new 700A was inserted into the Uniform Civil Procedure Rules regarding in estate and trust matters.  The new rule is set out below. Of course, these matters were always able to be taken into account in the court's wide discretion on costs, so it will be interesting to see what practical effect … Continue reading New costs rule

Attorney permitted to exercise powers of consent in trust deed

In a decision today, Byrne J of the Qld Supreme Court found that the power given to a "parent" under a trust deed to consent to a trustee's amendment of the trust, could be exercised by the parent's attorney if the parent is incapacitated. No reasons for decision were given, but orders were made permitting … Continue reading Attorney permitted to exercise powers of consent in trust deed

Bill and Ted’s excellent adventure…

Last week Jackson J handed down a decision in an inter vivos undue influence case - it was successful and a transfer of the deceased's farm was set aside. The opening words of his Honour's judgment are "There was bound to be trouble when Edward Blair transferred his beloved rural residence to [the respondents]." Read … Continue reading Bill and Ted’s excellent adventure…

QSuper now accepts BDBNs

Notice to Practitioners - QSuper now accepts binding death benefit nominations.  The deed refers to the provisions of the SIS Act, so the usual SIS Act limitations (such as the 3 year lapse rule) will apply.  It is a step forward though.  See the provisions of the deed here.

Trusts Intensive – July

STEP Queensland are proud to annouce the program for their 2nd annual half day Trusts Intensive. Highlights of the day will include: Opening - Professor Tony Lee Discussion regarding the recent request for the Queensland Law Reform Commission to review the Trusts Act 1973 Tedious and Titillating Trusts Robert Whiteford, Barrister Tedious: when there is … Continue reading Trusts Intensive – July