Dealing With Claims For Special Purpose/Quistclose & Express Trusts - Bridget Slocum

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Bridget Slocum, Barrister, Lonsdale Chambers, Victorian Bar


This is another topic which has forced its way back on to the program. Very clearly, appointees are increasingly having to deal with claims that assets are held in trust for other parties. Bridget Slocum, who has some first hand knowledge of this topic, reviews a number of recent cases, including:

  • AAD Services Pty Ltd (In liq) v ALD Wholesale Pty Ltd & Anor [2018] VSC 585 (8 October2018) [2018] VSC 585 – Whether an advance was made to borrower company or to the effective controller of the borrower company personally
  • Braham Investments v Sovereign MF [2017] VSC 801 (22 December 2017) [2017] VSC 801 Whether a transfer to solicitor’s trust accountant was an express trust
  • In the matter of Courtenay House Capital Trading Group Pty Limited (in liquidation) [2018]NSWSC 404 Whether funds held in an unregistered managed investment scheme were held ontrust for investors or part of general assets
  • In the matter of Stream Customised Claims Pty Ltd (recs & mgrs apptd) (in liquidation)[2018] NSWSC 1812 (27 November 2018) [2018] NSWSC 1812 whether reference in correspondence evidenced an intention to create a trust or a proprietary interest
  • In the matter of Australian Institute of Professional Education Pty Limited (In Liquidation)[2018] NSWSC 1028 (4 July 2018) [2018] NSWSC 1028 whether the Education Services for Overseas Students Act 2000 (Cth) operated to create a constructive trust.


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