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Hopkins v Edwards

Hopkins v Edwards

Case [2020] VSC 456

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AGLC: Hopkins v Edwards [2020] VSC 456
Case: [2020] VSC 456
Decision Date: 31 July 2020

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Citations

Hopkins v Edwards [2020] VSC 456

Most Recent Citation

Hopkins v Edwards (No 2) [2020] VSC 698

Cases Citing This Decision

Groote Eylandt Aboriginal Trust Incorporated v Attorney-General of the Northern Territory (No 2) [2024] NTSC 87
Citation 1

…ndt Aboriginal Trust Incorporated v Attorney General of the Northern Territory [2024] NTSC 83; Hancock v Rinehart [2015] NSWSC 646; Hopkins v Edwards [2020] VSC 456; Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia…
Frigger v Trenfield (No 11) [2022] FCA 326
Citation 2 (Para 23)

…In Hopkins v Edwards [2020] VSC 456 at [185]‑[186], Lyons J stated the preferable approach as follows (footnotes omitted): Before addressing the relevant legal principles, it is necessary to distinguish between: (1)the trustee's own costs and expenses of proceedings brought or defended by the trustee; and (2)the…
Nemler-Aquilina v Mercader [2025] VSC 595
Citation 3 (Para 1)

…uthorities, Lyons J summarised the relevant principles in Hopkins v Edwards as follows:[31] [30] Drummond v Drummond [1999] NSWSC 923 [43]. [31][2020] VSC 456 [234].…
Amorosi v Robinson (No 2) [2024] VSC 806
Citation 4 (Para 1)

…was) distilled the following principles concerning a trustee’s right to indemnity from a survey of the authorities including Di Benedetto :[16] [15][2020] VSC 456 (‘ Hopkins v Edwards ’). [16]Ibid [234]-[235].…
Application by David Davidson Financial Services Pty Ltd & Ors (as trustees of various trusts) [2024] VSC 445
Citation 5 (Para 1)

…orders’ (that is, orders that a trustee be indemnified out of the trust in respect of the costs of the proceeding).[6] [6] Hopkins v Edwards [2020] VSC 456, [192] (‘ Hopkins ’).…
Re Lidgett (No 2) [2024] VSC 364
Citation 6 (Para 1)

…distilled the following principles in relation to a trustee’s right to indemnity from a survey of the authorities including Di Benedetto :[26] [25][2020] VSC 456 (‘ Hopkins v Edwards ’). [26]Ibid [234].…
Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2) [2024] VSC 128
Citation 7 (Para 1)

…v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66, [71]-[72], Hopkins v Edwards [2020] VSC 456 ( ‘ Hopkins’ ) and Application by Eastwood Retirement Pty Ltd [2022] VSC 568.…
Edwards v Attorney-General for the State of Victoria [2023] VSC 569
Citation 8 (Para 1)

…he issues in the 2017 proceeding, but from my review of the reasons given by Lyons J when determining an application with respect to costs (see [2020] VSC 456), it appears that two trustees who had been removed as trustees sued the remaining trustees seeking their reinstatement. The removal of the minority truste…
Re John Eric Middleton Am KC in his capacity as trustee of the BF McLaren Family Trust [2023] VSC 370
Citation 9

…e, having taken proper legal advice, is justified in proceeding in a particular manner. See, for example, the discussion in Hopkins v Edwards .[1] [1][2020] VSC 456, [195]–[196].…
Australian Executor Trustees Limited v Lokit Investments Pty Ltd (No 2) [2023] VSC 307
Citation 10 (Para 1)

…I considered some of these issues, including the right of a trustee to indemnity, in my decision in Hopkins v Edwards [2020] VSC 456 ( Hopkins v Edwards ).[1] Relevantly, I noted that disputes involving a trustee are sometimes really disputes between the beneficiaries of the trust as to the assets or liabilities…
Re Evans; Marks v Evans (No 2) [2023] VSC 158
Citation 11 (Para 1)

…ding Re Beddoe ,[11] Nolan v Collie ,[12] and Di Benedetto v Kilton Grange Pty Ltd. [13] His Honour summarised the following relevant principles: [10][2020] VSC 456 (Lyons J) (‘ Hopkins ’). [11][1893] 1 Ch 547. [12](2003) 7 VR 287. [13][2017] VSCA 119 (Ferguson and McLeish JJA, Cameron AJA).…
The Uniting Church in Australia Property Trust (Vic) v Attorney General for the State of Victoria [2022] VSC 769
Citation 12

…[5][2020] VSC 456.…
The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) (No 2) [2022] VSC 764
Citation 13 (Para 1)

…a number of observations about the quantum of costs, the value of the trust assets and the nature of the proceedings.[12] [11] Hopkins v Edwards [2020] VSC 456, 234. [12]Defendant’s submissions on costs dated 9 November 2022, [6].…
Application by Eastwood Retirement Pty Ltd [2022] VSC 568
Citation 14

…[12]See, for example, Hopkins v Edwards [2020] VSC 456, [191]-[200], [217]-[244] (Lyons J).…
Mantovani v Vanta Pty Ltd (No 3) [2022] VSC 357
Citation 15 (Para 1)

…her side.[21] [20] Di Benedetto v Kilton Grange Pty Ltd [2017] VSCA 119, [65]-[66] (Ferguson and McLeish JJA and Cameron AJA). [21] Hopkins v Edwards [2020] VSC 456, [219] (Lyons J).…
Re Balsa Rejus Pty Ltd [2022] VSC 223
Citation 16 (Para 2)

…applications for judicial advice are made ex parte , as a private application.[1] The present application is in that category. [1] Hopkins v Edwards [2020] VSC 456, [197] (Lyons J). The Family Court Proceeding…
Re Care Super Pty Ltd (No 2) [2021] VSC 854
Citation 17 (Para 1)

…fund. The issue is whether the costs of the proceeding can truly be said to relate to the trust and were not improperly incurred by the trustee. [7][2020] VSC 456, [234]-[235].…
Lissenden v Dellios [2021] VSC 520
Citation 18 (Para 1)

…ll retain an indemnity for costs, so long as the litigation as a whole is conducted in the interests of the trust.[82] [79] Hopkins v Edwards [2020] VSC 456 [242] (Lyons J) (‘ Hopkins ’). [80]Dal Pont (n 48) [10.6]. [81] Hopkins (n 79) [234] (Lyons J). [82]J D Heydon and M Leeming, Jacobs’ Law of Trusts in Austra…
Hopkins v Edwards (No 2) [2020] VSC 698
Citation 19 (Para 1)

…ttorney confer in an attempt to reach an agreement on the most efficient and cost effective way for those costs to be assessed. [1] Hopkins v Edwards [2020] VSC 456 (the ‘ first Reasons ’). For convenience, in these reasons, I will use the terms defined in the first Reasons .…

Cases Cited

Statutory Material Cited

Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189
Citation 1 (Para 1)

…ceeding, notwithstanding my comments above, I am unable to make findings based on the first two factors. [79] See e.g. Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189, [7] (Harper J).…

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