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Recorded Webinars

Recorded Webinar: Dealing with Beneficiary Derivative Actions: When Trustees Refuse to Act

It is generally accepted that the beneficiaries of a trust have the right to bring an action when they consider there has been a breach of trust. However, what happens when a beneficiary seeks to take action against a third party only because of a refusal to do so by the Trustee?
PRESENTED BY James d'Apice Corporate Disputes Lawyer - , Sydney

Date/Time

About the Webinar

It is generally accepted that the beneficiaries of a trust have the right to bring an action when they consider there has been a breach of trust. However, what happens when a beneficiary seeks to take action against a third party only because of a refusal to do so by the Trustee? Just as the NSW Supreme Court recently had cause to discover, there are many nuanced questions lawyers must consider when dealing with such claims, including:

  • What exactly is the source of power for such action and how does this affect the crafting of the Plaintiff’s claim?
  • When is a beneficiary derivative application made ‘in equity’ and what needs to be proved to be successful?
  • What is the impact of the abolition of common-law derivative actions under the Corporations Act on trust-law derivative actions?
  • How Gillespie and other recent decisions have impacted how beneficiary derivative claims should now be run

Presented By

James d'Apice
Corporate Disputes Lawyer, Sydney, NSW

Chiefly, James is a corporate and commercial litigator acting for private clients, commercial entities and NFPs. His practice includes some work in the privacy and intellectual property space.

James uses the internet to build and maintain his practice via a podcast and series of videos using the title “Coffee and a Case Note”. There, James has the opportunity to briefly reflect on recent decisions over a cup of coffee, sharing his knowledge with others in way that is both approachable and rigorous.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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