Visscher v The Honourable President Justice Giudice & Ors

The applicants, Mr Visscher and Mr Visscher (as trustee of the Visscher Family Trust), sought judicial review of decisions made by the Honourable President Justice Giudice and other respondents, concerning the administration of the Visscher Family Trust. The proceedings were heard in the High Court of Australia.

The central legal issues before the High Court were whether the primary judge had erred in law by failing to grant leave to the applicants to commence proceedings in the Federal Court of Australia, and whether the primary judge had erred in law by dismissing the applicants' application for an order that the respondents provide an account of their dealings with the trust property. The applicants also contended that the primary judge had erred in law by failing to grant leave to appeal against the dismissal of their application for an account.

The High Court considered the principles governing the grant of leave to commence proceedings and the requirements for an order for an account of trust dealings. The Court analysed the relevant provisions of the *Trustees Act 1962* (NSW) and the *Federal Court of Australia Act 1976* (Cth), as well as established equitable principles concerning the duties of trustees. The Court found that the primary judge had correctly applied these principles in refusing leave to commence proceedings and in dismissing the application for an account, as the applicants had not demonstrated a sufficient basis for such orders.

The High Court dismissed the application for special leave to appeal.