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Australian Trust Law
Australian trust law is the law of trusts as it is applied in Australia. It is derived from, and largely continues to follow English trust law, as modified by state and federal legislation. A number of unique features of Australian trust law arise from interactions with the Australian systems of company law, family law and taxation. General law of trusts A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") property (often but not necessarily a sum of money) upon the second party (the trustee) for the benefit of the third party, the beneficiary. This trustee relationship may arise as a result of the trustee entering into an agreement with the settlor (commonly in the form of a trust deed) (also called an ''inter vivos'' trust), as a result of a testamentary trust or as a result of the operation of law as a constructive trust or resulting trust. In each case, the trustee holds the legal title to the property ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Income Tax In Australia
Income tax in Australia is imposed by the federal government on the taxable income of individuals and corporations. State governments have not imposed income taxes since World War II. On individuals, income tax is levied at progressive rates, and at one of two rates for corporations. The income of partnerships and trusts is not taxed directly, but is taxed on its distribution to the partners or beneficiaries. Income tax is the most important source of revenue for government within the Australian taxation system. Income tax is collected on behalf of the federal government by the Australian Taxation Office. The two statutes under which income tax is calculated are the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997; the former is gradually being re-written into the latter. Taxable income is the difference between assessable income and allowable deductions. There are three main types of assessable income for individual taxpayers: ''personal earnings'' (such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Reports
The English Reports is a collection of judgments of the higher English courts between 1220 and 1866. Overview The reports are a selection of most nominate reports of judgments of the higher English courts between 1220 and 1866.Glanville Williams, Learning the Law, 11th Edition, 1982, Stevens, p.34; 13th Edition, 2006, Sweet and Maxwell, p.36 They reproduce many reports not from their original editions but from dependable, although not always verbatim, later editions and give a nominate report citation. It was published in 178 volumes gradually from 1900 to 1932 by Stevens & Sons in London and by William Green & Sons in Edinburgh. Citation of these reports For citation in most Commonwealth countries it is cited in written form as ''E.R.'', as in ''Planché'' v. ''Colburn'' (1831) 131 E.R. 305. Sometimes the original nominate report citation is also used in parallel. The compendium is sometimes cited in U.S. courts, where it is normally cited by using the original nominate repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corin V Patton
Corin is a given name in English deriving from the Latin Quirinus, a Roman god. The meaning is unclear but is probably associated with "spear". The name is that of a character in William Shakespeare's ''As You Like It''. It is also used as a family name. First name Corin is a masculine or feminine given name. *Corin Hewitt (born 1971), American sculptor and photographer *Corin Mellor (born 1966), British designer *Corin Nemec (born 1971), American actor *Corin Redgrave (1939–2010), British actor and political activist *Corin Robertson (born 1972), British diplomat *Corin Thunderfist, fictional character and twin of Cor in ''The Chronicles of Narnia'' *Corin Tucker (born 1972), American singer and guitarist Surname *Jaclyn Corin, American activist and advocate for gun control * Joshua Corin, American writer *Lucy Corin, American writer *William Corin (1867–1929), Australian electrical engineer Related names *Corina, including Corine and Coreen *Korin (other) *Corran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Frauds 1677
The Statute of Frauds (29 Car 2 c 3) (1677) was an Act of the Parliament of England. It required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated. The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style). The Act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins. When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the Act was republished in the ''Statutes at Large''. ''The Statute at Large'', Cambridge Edition published in 1770 divided the Act into 25 sections. The section on the sale of goods was section 17. In ''The Statutes of the Realm'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Remedy
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant to whether a remedy should be gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hybrid Trust
Hybrid may refer to: Science * Hybrid (biology), an offspring resulting from cross-breeding ** Hybrid grape, grape varieties produced by cross-breeding two ''Vitis'' species ** Hybridity, the property of a hybrid plant which is a union of two different genetic parent strains * Hybrid (particle physics), a valence quark-antiquark pair and one or more gluons * Hybrid solar eclipse, a rare solar eclipse type Technology Transportation * Hybrid vehicle, a vehicle using more than one power source or an engine sourced from a different chassis ** Hybrid electric vehicle, a vehicle using both internal combustion and electric power sources *** Plug-in hybrid, whose battery can be recharged by a charging cable * Hybrid bicycle, a bicycle with features of road and mountain bikes * Hybrid train, a locomotive, railcar, or train that uses an onboard rechargeable energy storage system * Hybrid motorcycle, a motorcycle built using components from more than one original-manufacturer products, such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discretionary Trust
A discretionary trust, in the trust law of England, Australia, Canada and other common law jurisdictions, is a trust where the beneficiaries and/or their entitlements to the trust fund are not fixed, but are determined by the criteria set out in the trust instrument by the settlor. It is sometimes referred to as a family trust in Australia or New Zealand. Where the discretionary trust is a testamentary trust, it is common for the settlor (or testator) to leave a letter of wishes for the trustees to guide them as to the settlor's wishes in the exercise of their discretion. Letters of wishes are not legally binding documents. Discretionary trusts can only arise as express trusts. It is not possible for a constructive trust or a resulting trust to arise as a discretionary trust. Forms Discretionary trusts can be discretionary in two respects. First, the trustees usually have the power to determine which beneficiaries (from within the class) will receive payments from the trust. Sec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unit Trust
A unit trust is a form of collective investment constituted under a trust deed. A unit trust pools investors' money into a single fund, which is managed by a fund manager. Unit trusts offer access to a wide range of investments, and depending on the trust, it may invest in securities such as shares, bonds, gilts, and also properties, mortgage and cash equivalents. Those investing in the trust own "units" whose price is called the "net asset value" (NAV). The number of these units is not fixed and when more is invested in a unit trust (by investors opening accounts or adding to their accounts), more units are created. In addition to the UK, trusts are found in Fiji, Ireland, the Isle of Man, Guernsey, Jersey, New Zealand, Australia, Kenya, Uganda, Namibia, South Africa, Singapore, Malaysia and Zimbabwe. History The first unit trust was launched in the UK in 1931 by M&G under the inspiration of Ian Fairbairn. The rationale behind the launch was to emulate the comparative robu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breen V Williams
Breen may refer to: * Breen (surname) * The Breen (Star Trek), an alien species in the ''Star Trek'' universe. * Breen, the ''Babylon 5'' universe, a Narn cuisine similar to Swedish meatballs, first mentioned in the episode "Walkabout" * Breens, the people of the fictional nation of Bregna in the animated television series ''Aeon Flux'' * Jason Breen, fictional detective from the American TV series ''Kyle XY'' * Wallace Breen, a major antagonist in the video game ''Half-Life 2'' * Breen House, a house at St Michael's Grammar School in Melbourne, Australia * Breen, Colorado, an unincorporated community * Breen Township, Michigan * Breen, County Antrim, a townland in County Antrim, Northern Ireland * Breen, County Tyrone, a townland in County Tyrone, Northern Ireland See also * Brean Brean is a village and civil parish between Weston-super-Mare and Burnham-on-Sea in Somerset, England. The name is derived from "Bryn" Brythonic and Modern Welsh for a hill and it has a population ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
