The Courts supervisory powers: ensuring the proper administration and due execution of trusts

In the case of Dryandra Investments Pty Ltd v Hardie by her guardian ad litem Ian Torrington Blatchford [2024] WASC 24, the Supreme Court of Western Australia examined a key aspect of estate planning and structuring: ensuring proper succession for the roles of appointor and guardian. The decision underscores the risks that arise when these crucial roles are overlooked, and succession is not addressed by an appointor or guardian before they lose capacity or pass away.

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Gainer The Sequel – Lost Discretionary Trust Deed Failed for Uncertainty

The New South Wales Supreme Court has reconvened for a second time, this time addressing the implications of a lost trust deed.  This decision highlights the crucial responsibility of trustees to properly preserve trust deed documents, not only to maintain the trust’s validity but also to prevent adverse outcomes, such as taxation or duties.

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Key Changes to the Franchising Code

There have been some important changes to the Competition and Consumer (Industry Codes-Franchising) Regulations 2024. These changes will come into effect on 1 April 2025 and have the potential to impact the way franchises operate. As a result, it’s important that both franchisees and franchisors are aware of their new obligations and rights.

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