Case Law Library, Equity & Trusts Legal Liaison Ltd t/as Clean Law Case Law Library, Equity & Trusts Legal Liaison Ltd t/as Clean Law

When Trust Property Moves in the Dark: Fiduciary Limits After Naaman v Jaken

Naaman v Jaken clarifies that a successor trustee does not owe fiduciary duties to a former trustee, even where trust assets are dissipated. This article explains the ruling and how Clean Law’s independence safeguards prevent harm caused by undisclosed or conflicted decision-making.

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When Privacy Silences a Billion-Dollar Dispute

When family wealth meets confidentiality and control, the High Court must decide who gets to tell the story. In Rinehart v Hancock Prospecting (2019), the Court upheld arbitration clauses that forced family trust disputes into private hearings. The case redefined how far confidentiality can reach in Australia’s commercial and family trust law — showing that, sometimes, even family truth stays behind closed doors.

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