On Wednesday, 7 November 2012 the High Court of Australia
will deliver two judgments.
The first is in the case of RCB v The Honourable Justice Colin James Forest. This is the case in which
the High Court rejected an application on behalf of four sisters who opposed
their return to Italy under the Hague Convention pending determination of the
custody dispute by Italian courts.
The second is in the case of Montevento Holdings Pty Ltd v Scaffidi.
The question in this case was whether or not it was open to an Appointor
who was a beneficiary of a discretionary trust to appoint a Trustee where the
Appointor/beneficiary had effective control of the office of Trustee.
While this is a question of construction of the particular trust deed, it may
have broader ramifications for the drafting of discretionary family trusts
generally.
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