Application of Dev Menon & anor

The matter involved Dev Menon and another applicant, seeking advice from the court in relation to a trust matter. The applicants were seeking judicial advice on the proper application of proceeds of sale from a property that was held in trust. The case was heard in the Family Court of Australia. The applicants argued that the proceeds of sale should be applied in a particular way, which would benefit the infant beneficiaries of the trust.

The legal issues before the court were whether the proceeds of sale were to be considered as money recovered in proceedings and whether the infants' interests in the proceeds of sale were subject to the provisions of section 66G of the Family Law Act 1975 (Cth). The court had to determine whether the interests of the infants in the proceeds of sale were subject to the court's discretion in making orders for the application of the proceeds. The court also had to consider the nature of the interests of the infant beneficiaries in the trust and how those interests should be protected.

The court found that the proceeds of sale were not to be considered as money recovered in proceedings, and therefore were not subject to the provisions of section 66G of the Family Law Act. The court held that the interests of the infant beneficiaries in the trust were not subject to the court's discretion in making orders for the application of the proceeds of sale. The court found that the interests of the infant beneficiaries were fixed interests in the trust property, and therefore could not be varied or disposed of by the trustees without the consent of the beneficiaries. The court held that the trustees were required to apply the proceeds of sale in accordance with the terms of the trust deed, and that the interests of the infant beneficiaries should be protected by the appointment of a trustee to hold the proceeds on trust for the beneficiaries.

The court made orders appointing a trustee to hold the proceeds of sale on trust for the infant beneficiaries, and directing the trustees to pay the proceeds to the appointed trustee. The court also made orders directing the applicants to provide the appointed trustee with all necessary information and documents in relation to the trust and the proceeds of sale.