The recent HCA decision of Fischer v Nemeske [2016] HCA 11 is legally significant in both its clarification of, and the divergence of opinion on the bench about, the principles applying to trustee’s powers of advancement. From a practical perspective, the decision delivers a lesson in the importance of investigating (and appreciating the impacts of)…

The doctrine of advocate’s immunity means that lawyers, solicitors and barristers are protected from any liability for negligence that is intimately connected to advice given in respect of litigation. This means that negligence whilst in the courtroom, or work out of court, which leads to a decision by the court is beyond the reach of…

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