Pilot and Pilot (No 2)
Case
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[2011] FamCA 522
•24 June 2011
Details
AGLC
Case
Decision Date
Pilot and Pilot (No 2) [2011] FamCA 522
[2011] FamCA 522
24 June 2011
CaseChat Overview and Summary
In the matter of *Pilot and Pilot (No 2)*, Benjamin J of the Family Court of Australia considered an application to discharge the sole appointment of Mr E as trustee, which had been made pursuant to earlier orders dated 6 October 2010 and 22 November 2010. The proceedings concerned issues arising in the context of family law.
The primary legal issue before the court was whether to discharge the existing sole trustee and appoint new trustees, and if so, who those trustees should be and for what duration. The court was also required to determine the terms of the ongoing management of the trust, including reporting obligations and the filing of affidavit material by the parties.
Benjamin J ordered that the sole appointment of Mr E as trustee be discharged. The court then appointed Mr E and Mr OO as joint trustees until 28 July 2011, after which Mr OO was to be appointed as the sole trustee to act in accordance with the court's orders. The trustees were directed to provide a report on outstanding issues by 8 July 2011, with parties to file and serve any relevant affidavit material within a further fourteen days. The proceedings were adjourned for further mention on 4 August 2011.
The primary legal issue before the court was whether to discharge the existing sole trustee and appoint new trustees, and if so, who those trustees should be and for what duration. The court was also required to determine the terms of the ongoing management of the trust, including reporting obligations and the filing of affidavit material by the parties.
Benjamin J ordered that the sole appointment of Mr E as trustee be discharged. The court then appointed Mr E and Mr OO as joint trustees until 28 July 2011, after which Mr OO was to be appointed as the sole trustee to act in accordance with the court's orders. The trustees were directed to provide a report on outstanding issues by 8 July 2011, with parties to file and serve any relevant affidavit material within a further fourteen days. The proceedings were adjourned for further mention on 4 August 2011.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Civil Procedure
Legal Concepts
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Jurisdiction
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Costs
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Procedural Fairness
Actions
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Citations
Pilot and Pilot (No 2) [2011] FamCA 522
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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