Brisbois and Brisbois and Ors

In the matter of Brisbois and Brisbois and Ors, Foster J considered a dispute between a husband and wife concerning the administration of the Brisbois Family Trust and a property held within it. The primary issue before the court was the appropriate management and distribution of assets held by the trust, particularly a property located at I Street, Suburb K, and the roles of the parties in relation to the trust.

The court was required to determine whether the existing trustee, C Pty Ltd, should be removed and, if so, who should be appointed as the new trustee. Further, the court needed to address the wife's entitlement to benefit from the trust and her rights concerning the property. The husband's ability to appoint or remove trustees and his obligations regarding the property were also central to the determination.

Foster J ordered the removal of C Pty Ltd as trustee and appointed the wife, Ms Brisbois, as the new trustee. The court vested the legal title of the I Street property in Ms Brisbois as trustee and granted her liberty to appoint herself as a beneficiary. The husband was restrained from appointing or removing trustees during the wife's tenure. The husband was ordered to vacate the property within 14 days and pay mortgage instalments pending its sale. Ms Brisbois, as trustee, was directed to sell the property and distribute the proceeds, with 82.5 per cent of the balance after expenses and mortgage payments to be distributed to her as a beneficiary. Upon sale, she was to resign as trustee, and the husband and/or the trust were to indemnify her against any Australian Taxation Office liability arising from the distribution. Additionally, Mr Z Chastain was ordered to withdraw any caveat against the property title and was restrained from registering further encumbrances.