The creditor of a custodian for an SMSF was able to enforce its rights against the asset – even though the asset was transferred to the SMSF just before the custodian was wound up. The liquidator sought to enforce the custodian’s right of indemnity in respect of the transferred asset. Clearly the custodian had a […]
NSWSC
Court holds non-lapsing BDBN not binding
An application by the Trustee of a public offer fund that a non-lapsing BDBN made by a member of the fund was not binding on the Trustee due to the subsequent occurrence of a disqualifying event has been upheld by the NSWSC. The trust deed specified that the nomination was only binding if the Trustee […]
Can a Court override your right to decide whether or not to receive medical treatment?
An individual can normally consent or refuse any medical treatment. However, this right could be taken away by the Courts in some extreme circumstances. A Court’s ability to override the right of a person who lacks mental capacity to refuse medical treatment in extreme circumstances was highlighted in a NSW Supreme Court case earlier this […]