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
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0742
For more information, see the original judgement.
