1.5 Standard CPD Units 

Dr Philip Bender – Barrister and Nationally Accredited Mediator – Victoria Bar

Topic:  An exploration of Re McGowan & ValentiniTrusts [2021] VSC 15

This session will examine the trusts case of Re McGowan & ValentiniTrusts[2021] VSC 15.  It will allow attendees to discuss the case with counsel that acted in the matter.  The case involved some novel trusts issues including the following: 

• What happens to a trust when it is settled prior to incorporation of the corporate trustee; 
• Proof of a trust and meeting the Property Law Act 1958 requirements when a property is not in the trustee’s name; 
• Proof of a trust and meeting the Property Law Act 1958 requirements when there is no written declaration of trust; 
• Whether a power of amendment can be used to amend itself; 
• The ability to extend the life of a trust after vesting; 
• The application of the rule in Saunders v Vautier to amendments of a trust deed; and
• Trust resettlement when major changes are made to a trust