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Nemler-Aquilina v Mercader
[2025] VSC 595
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].…
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Amorosi v Robinson (No 2)
[2024] VSC 806
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].…
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Groote Eylandt Aboriginal Trust Incorporated v Attorney-General of the Northern Territory (No 2)
[2024] NTSC 87
…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…
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Application by David Davidson Financial Services Pty Ltd & Ors (as trustees of various trusts)
[2024] VSC 445
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 ’).…
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Re Lidgett (No 2)
[2024] VSC 364
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].…
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Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2)
[2024] VSC 128
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.…
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Edwards v Attorney-General for the State of Victoria
[2023] VSC 569
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…
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Re John Eric Middleton Am KC in his capacity as trustee of the BF McLaren Family Trust
[2023] VSC 370
…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].…
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Australian Executor Trustees Limited v Lokit Investments Pty Ltd (No 2)
[2023] VSC 307
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…
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Re Evans; Marks v Evans (No 2)
[2023] VSC 158
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).…
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The Uniting Church in Australia Property Trust (Vic) v Attorney General for the State of Victoria
[2022] VSC 769
…[5][2020] VSC 456.…
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The Uniting Church in Australia Property Trust (Vic) v Attorney-General (Vic) (No 2)
[2022] VSC 764
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].…
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Application by Eastwood Retirement Pty Ltd
[2022] VSC 568
…[12]See, for example, Hopkins v Edwards [2020] VSC 456, [191]-[200], [217]-[244] (Lyons J).…
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Mantovani v Vanta Pty Ltd (No 3)
[2022] VSC 357
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).…
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Re Balsa Rejus Pty Ltd
[2022] VSC 223
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…
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Frigger v Trenfield (No 11)
[2022] FCA 326
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…
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Re Care Super Pty Ltd (No 2)
[2021] VSC 854
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].…
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Lissenden v Dellios
[2021] VSC 520
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…
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Hopkins v Edwards (No 2)
[2020] VSC 698
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 .…