Scam alert – fraudulent email address ‘subpoena@hcourt.gov.au’

The Court is aware of a scam involving the use of a fraudulent email address purporting to be an official High Court email address – ‘subpoena@hcourt.gov.au’ 

This email address is not associated with, authorised by, or operated by the Court. 

Recipients of emails from this account should exercise caution and should not click on links, open attachments or provide personal or financial information. 

Fischer v Nemeske Pty Ltd

[2016] HCA 11
Case number
S223/2015
Before
French CJ, Kiefel, Bell, Gageler, Gordon JJ
Catchwords

Trusts – Trustees' powers – Power of advancement – Where trust property included shares in a company – Where value of shares recorded in "asset revaluation reserve" – Where trustee made resolution to distribute entire asset revaluation reserve to specified beneficiaries – Where trustee covenanted to pay specified beneficiaries on demand – Whether valid exercise of power to "advance" and "apply" trust capital or income – Whether trustee indebted to specified beneficiaries – Whether action for money had and received maintainable.

Words and phrases – "advance", "apply", "pay", "pay or apply", "raise".

Trustee Act 1925 (NSW) – s 44.

Trustee Act 1925 (UK) – s 32.

Files
11.rtf (690.66 KB)
11.pdf (459.01 KB)