Trustee’s minute of meeting evidences bad faith

Australian Taxation Institute Journal – Trustee’s minute of meeting evidences bad faith

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by Christine Smyth, TEP, & Katerina Peiros, ATI, Hartwell Legal. The failure of a discretionary trustee to give real and genuine consideration in their decision-making, and to act in good faith and for proper purpose, invalidated a distribution decision.  Trani v Trani1  defies all odds. The legal principles are simple and yet rare to be applied successfully. The facts are […]