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Trust-Busting in the PRA Context: case law update 2025 - On Demand

Trust-Busting in the PRA Context: case law update 2025 - On Demand

CPD hours: 2
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Description

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $185 - Law Society members and Associate members
  • $265 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 120 minutes
2
CPD HRS

Trust claims abound and the stakes can be extremely high for all parties. This module will consider the development of claims against trusts under the framework of the Property (Relationships) Act 1976 (PRA). It will help ensure you are aware of key updates on relationship property claims including using equity and the Companies Act 1993 to make against a trust and provide your clients with effective advice.

This module will emphasise recent case law and include:

  • The latest approaches to nuptial settlements under s 182 Family Proceedings Act 1980
  • Recent updates to dispositions of property under ss 44 & 44C PRA
  • The uncertain landscape in “bundle of rights” claims under Clayton v Clayton
  • Common law developments under the Trusts Act 2019 and equity as tools for relationship property lawyers.

Learning objectives

By completing this module you will:

  • Update your existing knowledge of key relationship property claims against trusts and the most effective advice to give.
  • Gain an understanding of recent case law developments and trending claims against trusts.
  • Learn of other possible tools from equity and the Companies Act.

Electronic paper 

Authors: Lady Deborah Chambers KC, Sharon Chandra
Published: 20 February 2025
Pages: 28

Introduction

Trust claims represent a pivotal area of law, particularly within the domain of relationship property. These claims are not governed by a single piece of legislation, but rather require reference to multiple legal instruments, including the Property (Relationships) Act 1976, the Family Proceedings Act 1980, the Trusts Act 2019, as well as the principles of common law and equity.
Addressing trust claims upon separation requires utilising these legislative provisions, coupled with developments in case law and equitable principles, to substantiate any claims made against a trust.

PowerPoint Presentation

These are the slides included in the presentation.

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