18 April 2008: Frustrating the Court's power to modify Trusts.
22 August 2008: Calling a Sham a Sham.
6 March 2009: 'Playing' with Trusts.
20 March 2009: The personal liability of Trustees.
3 April 2009: Trustees and liability for defective buildings.
17 April 2009: Trusts - an international rebuke for our Courts.
1 May 2009: Section 182 of the Family Proceedings Act 1980: the Court of Appeal speaks twice in two months.
15 May 2009: Section 182 - the High Court applies Ward v Ward and creates three new Trusts.
29 May 2009: The Supreme Court, Trusts, Alter Egos and Shams.
12 June 2009: Annihilation by stealth of separate property.
26 June 2009: The Supreme Court and questionable jurisprudence.
10 July 2009: Removing Trustees - some recent cases.
24 July 2009: When can Judges re-write Trusts?
7 August 2009: Effective control and Sham Trusts.
21 August 2009: High Court says it can ignore a debtor's trust.
4 September 2009: When Trustees can benefit a non-beneficiary.
19 September 2009: New Zealand's sham Trusts - facing international criticism.
16 October 2009: Sham Trusts and Constructive Trusts over assets of a Trust.
29 October 2009: Trusts - The Bundle of Rights - Is it good law? (Part 1).
6 November 2009: Book Review: Equity & Trusts in New Zealand - 2nd Ed 2009.
27 November 2009: Trusts - What documents is a beneficiary entitled to see?
11 December 2009: The Bundle of Rights doctrine: Is it good law? (Part 2).
22 January 2010: The Supreme Court interprets s182 of the Family Proceedings Act.
5 February 2010: The Bundle of Rights turns Trust to dust.
19 February 2010: Ward v Ward: Which Trusts are likely to get the judicial chop?
5 March 2010: A Trust in disguise is set aside.
19 March 2010: The Bundle of Rights: Is it good law? (Part 3).
2 April 2010: Trustees who delay are made to pay.
16 April 2010: The Ruinous Risks of Trusteeship.
30 April 2010: The risks of relying on instructions from a Trustee.
28 May 2010: The High Court enlarges the liability of trustees.
11 June 2010: Changing multigenerational Trusts against a settlor's wishes.
25 June 2010: The Bundle of Rights doctrine: Can appointors do whatever they want?
9 July 2010: The practical problems of having a corporate trustee for several Trusts.
23 July 2010: Separate Property. Parliament should amend s9A of the PRA.
6 August 2010: Varying Trusts to take advantage of more favourable tax regimes.
20 August 2010: The documents trustees must provide to beneficiaries.
3 September 2010: Access your partner's computer at your peril!
1 October 2010: The Courts find a new way to break into Trusts: "Pay up or go to jail!"
15 October 2010: Variation of Trusts - Justice Potter sets out guidelines for success.
29 October 2010: Our laws make marriage too risky.
12 November 2010: How to get STI Syndrome ("Serious Trustee Insomnia").
26 November 2010: The Bundle of Rights doctrine converts Trust property into separate property.
10 December 2010: Article: An overseas Court says a Court of Appeal decision was "illogical" and "unfair".
10 December 2010: PDF version of Coutts v Lemos, referred to in the above article: An overseas Court says a Court of Appeal decision was "illogical" and "unfair".
28 January 2011: Trusts: The Courts find two more ways to winkle assets out of Trusts.
28 January 2011: PDF version of Taranaki Regional Council v Mouland referred to in the above article: The Courts find two more ways to winkle assets out of Trusts
11 February 2011: Sham Trusts - a more expansive definition.
25 February 2011: Brass monkey order freezes trustee's assets.
11 March 2011: Book Review: "Drafting Trusts in New Zealand" by James Kessler QC and Kerry Ayers, Thomson Reuters.
8 April 2011: QC says Supreme Court "misstates" the law and prefers "form over substance".
21 April 2011: Rules of interpretation have led to "the parlous state of modern commercial litigation".
PDF version: Implications of Chartbrook Ltd v Persimmon Homes Ltd for the Law of Trusts: The Hon. Justice J D Heydon. Referred to in the article published on 21 April 2011.
6 May 2011: What will the Law Commission say about Trusts?
6 May 2011: Should our Supreme Court have "the Hong Kong enhancement"?
20 May 2011: The Bundle of Rights 'doctrine' is wounded. Will it die?
3 June 2011: Should the Supreme Court have some Non-Permanent Judges from overseas?
17 June 2011: The New Zealand Law Society's wish list for Trust law reform.
1 July 2011: Parliament deems a non-beneficiary to be a beneficiary.
15 July 2011: To what extent can trustees limit their liability for loss?
29 July 2011: Will the Bundle of Rights be reborn?
12 August 2011: Trusts, financial advisers, and exclusion clauses
26 August 2011: What Trust documents is a beneficiary entitled to see?
9 September 2011: An important case on shams, the interpretation of Trust deeds, and Trustees' duties to invest.
23 September 2011: The Supreme Court - tax avoidance - and consequences for trustees.
7 October 2011: Varying Trusts with the use of section 182 of the Family Proceedings Act - a brief international comparison.
4 November 2011: The IRD goes hunting for professional trustees.
18 November 2011: A lesson in the mismanagement of Trusts.
2 December 2011: The President of the Court of Appeal talks about the "Bundle of Rights".
16 December 2011: A Family Court breaks trust after trust.
Some Papers delivered at specialist conferences
“Trusts & Wills – Issues to consider for new beneficiaries” – A Paper delivered to members of the Auckland District Law Society at the “Cradle to Grave” Seminar on 27 March 2006:
“Dealing with property when it is in a Trust” – A Paper that was delivered to the Auckland District Law Society Property Conference, entitled “The Interface Between Property and Family Law” which was held in Auckland on 26 March 2007.
“Section 182 of the Family Proceedings Act” – A Paper that was delivered to the Auckland Branch of the Society of Trusts and Estates Practitioners (STEP] in Auckland on 22 August 2007.
"Changing a Trust by the use of s 182 of the Family Proceedings Act 1980" - A Paper that was delivered to the Auckland District Law Society conference at the "Cradle to Grave" Seminar on 14 April 2008.
"Lessons from the Supreme Court decision in Kain v Hutton" - A Paper that was delivered to members of the Auckland District Law Society at the "Cradle to Grave" Seminar on 4 May 2009.
"The Case for the Spouse or Partner" - A Paper that was co-written and presented with Professor Nicola Peart for the New Zealand Law Society's biannual Trusts Conference that was held in Auckland and Christchurch in 2009.
"Some interesting new developments in the law of Trusts" a talk to members of the Auckland Branch of STEP on 31 August 2009
“The fiction of beneficiaries' rights and what should be done about them" – An address given at the Legal Research Foundation's programme on 28 August 2009 on "A Modern law of Trusts".
"The Bundle of Rights Doctrine - What is the Law" - A Paper that was delivered to the Auckland District Law Society Conference entitled "Cradle to Grave - The Interface Between Property and Family Law" - on 22 March 2010.
"Distrust of Family Trusts - The Changing Landscape" - LexisNexis Webinar, April 2010.
"Trust Busting" - Accounting Special Interest Group: NZ Institute of Chartered Accountants, 8 July 2010.
"Recent Trust Cases" - Trusts Special Interest Group: NZICA, 20 July 2010.
"What practitioners need to know to avoid Family Protection and Relationship Property claims" - Auckland District Law society Seminar "Resolving End of Life Issues: Where there's a Will there's a way" - 27 July 2010.
"Trusts - Specific Top Topics" - Auckland 24.9.10 and Wellington 6.10.10. LexisNexis Conference entitled "Trusts, Wills and Elder Law".
"How the courts can successfully attack trusts and how to stop them from doing so" - A Paper that was delivered to the Auckland District Law Society conference at the "Cradle to Grave" Seminar on 21 March 2011.
"Some Trust developments that have not yet been publicised". Address to STEP, Auckland 7 November 2011.
"Trustee liability - Professionals at Risk". Address to Trust SIG, Auckland, 15 November 2011.
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