Federal Court of Australia
Federal Court of Australia
Mawson v AVet Health Pty Limited [2023] FCA 742 File number(s): NSD 285 of 2022
Judgment of: JACKMAN J
Date of judgment: 30 June 2023
Catchwords: TRUSTS AND TRUSTEES – application for judicial advice as to whether trustee is justified in commencing proceedings in respect of trust property – unnecessary to seek judicial advice where express clause in the trust deed enables the trustee to rely on legal advice and be exonerated from liability in doing so – contrary to civil practice and procedure provisions to seek judicial advice in such circumstances – where proposed statement of claim does not specify the relief sought in respect of the claim involving trust property – application refused
Legislation: Constitution s 76 Corporations Act 2001 (Cth) ss 232, 233, 411 Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) ss 23, 37N, 37M Civil Procedure Act 2005 (NSW) s 56 Trustee Act 1925 (NSW) s 63
Cases cited: Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] HCA 1; (2001) 204 CLR 559 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 QB4 Capital Pty Limited v Guardian Securities Limited [2023] FCAFC 72
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 18
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