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.
When a Bank Took a Family Home Without Explaining the Risk
Commercial Bank of Australia v Amadio remains the leading case on unconscionable conduct. The High Court set aside a guarantee taken from vulnerable guarantors because the bank failed to explain critical risks it knew they could not understand.