A Paper delivered at a specialist conference
"Think very seriously before agreeing to be a Trustee" - A Paper delivered to the 2016 Cradle to Grave Conference organised by the Auckland District Law Society.
Articles
15 December 2016: "Changes to the law of trusts and what you might do about them". Law News
11 November 2016: "Constructive Trusts to reward housekeeping, Part 2". Law News
14 October 2016: "Constructive Trusts for domestic services". Law News
23 September 2016: "Effective control and sham Trusts". Law News
2 September 2016: "An important case on Constructive Trusts and settlor control". Law News
22 July 2016: "Clayton, The Supreme Court and the rule of law". Law News
24 June 2016: "The Constructive Trust heresy". Law News
27 May 2016: "The fate of Family Trusts following Clayton". Law News
Some Papers delivered at specialist conferences
5 June 2015: "Has the Bundle of Rights been reborn?" Law Talk
"Retrospective decisions and their unfair consequences" - A Paper that was delivered to the Trusts SIG in Auckland on 17 March 2015.
"Why Trusts are more important than ever and how to increase the prospects of protecting them from attack" - A Paper that was delivered to the 2015 Cradle to Grave Conference organised by the Auckland District Law Society.
5 December 2014: "The risks of removing Trustees who do not do what you want them to do".
7 November 2014: "Trusts: The requirement for uninomity in decision-making".
3 October 2014: "How to stop beneficiaries from obtaining information ...".
5 September 2014: "A beneficiary's right to see Trust documents".
8 August 2014 "A wife takes half the assets of a very big trust".
11 July 2014: "When will the Court order the removal of a trustee?"
13 June 2014: "Sham transactions".
9 May 2014: "Constructive Trusts: the new threat to family Trusts" Part 1.
Some Papers delivered at specialist conferences
“Constructive Trusts – The current threat to Family Trusts” – A Paper that was delivered at the Auckland District Law Society “Cradle to Grave” Conference – The interface between property, trust and family law” – 7 and 10 April 2014.
"Trustee Deadlock. Possible Solutions. Applications to the High Court for help. What are the procedures. Who pays?" - A Paper presented at the CCH "Trusts, Succession Planning and Estates Conference" held in Auckland on 10 September 2014.
29 November 2013: "Goodbye Bundle of Rights. Hello constructive trusts".
1 November 2013: "A passive lawyer trustee is made to pay taxes and penalties".
1 November 2013: "The limits of limitation of liability clauses".
18 October 2013: "The Law Commission's proposals to cause havoc for family trusts"; "A trust intended to deceive the Court, the revenue, and a husband is not a sham".
4 October 2013: "The Law Commission says family trusts created since 1977 should be open to retrospective judicial modification".
20 September 2013: "Companies lose their assets to resulting trusts and common intention constructive trusts: Part 2".
6 September 2013: "Companies lose their assets to resulting trusts and common intention constructive trusts: Part 1".
22 August 2013: "Common intention constructive trusts".
9 August 2013: "Removing honest and well-intentioned trustees for incompetence".
26 July 2013: "The Supreme Court in London turns the ownership of properties on its head: Part 2".
12 July 2013: "The Supreme Court in London turns the ownership of properties on its head: Part 1".
28 June 2013: "The perils of practice: a trusts lawyer who acted for a devious trustee loses his licence".
14 June 2013: "A lawyer trustee learns to his cost that there's no such thing as a "passive trustee".
31 May 2013: "Sixty-six per cent of lawyers can't tell if a client lacks testamentary capacity".
17 May 2013: "Illusory trusts - a new doctrine to invalidate trusts? Part 4".
3 May 2013: "Illusory trusts - a new doctrine to invalidate trusts? Part 3".
19 April 2013: "Illusory trusts - a new doctrine to invalidate trusts? Part 2".
5 April 2013: "Illusory trusts - a new doctrine to invalidate trusts? Part 1".
22 March 2013: "Bringing the Trustee Act 1956 into the twenty first century".
8 March 2013: "Piercing the corporate veil - an analogy with the law of trusts".
22 February 2013: "The Court's jurisdiction to appoint receivers to a trust".
8 February 2013: "Sham trusts - a concise summary of the law".
25 January 2013: " 'Trust busting' in the Family Court - don't rely on it".
Some Papers delivered at specialist conferences
"Constructive trusts - a shadow falls over the assets of Express Trusts" - A speech delivered at the Conference held by the Society of Trusts and Estate Practitioners on 30 October 2013 in Auckland.
"Assessing Testamentary Capacity and other capacities" - A Paper that was delivered at the Auckland District Law Society Conference "Navigating the Shoals: Client Care and Capacity for the Potentially Vulnerable Client" on 19 November 2013 in Auckland.
14 December 2012: "Relationship property and trusts - the Law Commission's current proposals".
30 November 2012: "How the Law Commission would like to change the law of Trusts".
16 November 2012: "The Court finds a new way to take assets from trusts".
2 November 2012: "Conflict between trustees and beneficiaries: when can a trustee be removed?"
19 October 2012: "How to create Trusts that will endure: Justice Fogarty".
5 October 2012 "There is no such thing as a sham Trust" "There is no such thing as a sham".
14 September 2012: "The liability of the innocent Trustee: how innocence and loss can go hand in hand".
25 August 2012: "The Court of Appeal liquidates a law firm's trustee company and threatens its directors".
10 August 2012: "Might the Bundle of Rights theory emerge in another form?"
27 July 2012: Some developments of interest from the USA and Australia.
13 July 2012: A tale of two trusts and how the 'bundle of rights' doctrine and the alter ego doctrine affected them.
15 June 2012: Trustees - the need for unanimity in decision making.
18 May 2012: The future of Trusts.
4 May 2012: The price a lawyer may have topay for acting for an "unreliable" client.
20 April 2012: Justice Heath predicts the death of the Bundle of Rights "doctrine".
5 April 2012: Alter Ego Trusts - a Company Law analogy.
23 March 2012: Justice Winkelmann and sham trusts.
9 March 2012: The alter ego doctrine in South Africa.
24 February 2012: Can creditors claw back gifts from trusts?
10 February 2012: Clauses that exonerate trustees from fault may be worthless.
27 January 2012: The Court of Appeal considers when a disposition to a trust is an attempt to defraud a creditor.
Some Papers delivered at specialist conferences
"Understanding Insolvent Trading Trusts" - Address to LexisNexis Insol Conference, Pullman Hotel, 9 March 2012.
"Trustee Liabilities and Other Matters" - A Paper that was delivered to the Auckland District Law Society Conference at the "Cradle to Grave" Seminar on 26 March 2012.