Friday, November 2, 2012

Forthcoming judgments in the High Court of Australia

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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