Fischer v Nemeske Pty Ltd
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Bell J,Kiefel J,Gageler J,Gordon J |
| Judgment Date | 06 April 2016 |
| Neutral Citation | [2016] HCA 11 |
| Date | 06 April 2016 |
| Court | High Court |
| Docket Number | S223/2015 |
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1 cases
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Federal Commissioner of Taxation v Thomas; Federal Commissioner of Taxation v Martin Andrew Pty Ltd; Federal Commissioner of Taxation v Thomas Nominees Pty Ltd; Federal Commissioner of Taxation v Thomas
...(Australia) Ltd (1986) 160 CLR 226 at 244; [1986] HCA 14. See also Fischer v Nemeske Pty Ltd (2016) 257 CLR 615 at 647 [87], 675 [196]; [2016] HCA 11. 56Con-Stan (1986) 160 CLR 226 at 57Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 at 675; [1937] HCA 58. 58 ss 3A and 4 of the ......
3 firm's commentaries
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Trustee's power to advance and apply the assets of a trust examined by High Court
...6 April 2016, the High Court in Fischer v Nemeske Pty Ltd [2016] HCA 11 held that a trustee's power to advance and apply the assets of a trust can extend to creating a debt in favour of a beneficiary out of the trust's asset revaluation The Key Facts Nemeske Pty Ltd (Trustee) was trustee of......
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High Court rules that interim capital distribution from trust revaluation reserve is valid
...to beneficiaries from an asset revaluation reserve has been clarified by the decision of the High Court in Fischer v Nemeske Pty Ltd [2016] HCA 11 (delivered on 6 April The facts The only asset of the Nemes Family Trust consisted of shares in a company. In 1994 the trustee (Nemeske Pty Ltd)......
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Can a resolution creating a debt be a means by which trust money is advanced?
...- Fischer v Nemeske Pty Ltd (2016) HCA 11 The Fishers and the Nemes were beneficiaries of the Nemes Family Discretionary Trust (the Trust), of which Nemeske Pty Ltd was trustee (the Trustee). The Trust's principal assets were shares in a company. The value of the shares was recorded in an '......
2 books & journal articles
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Table of cases
...aff’g [2003] SJ No 614, 2003 SKQB 420 .......................................................................... 307 Badenach v Calvert, [2016] HCA 11 ...................................................................200 Bafaro v Dowd, [2010] OJ No 979, 2010 ONCA 188 ............................
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Special Topics in Negligence
...(Ont CA); Esser v Brown (2004), 242 DLR (4th) 112 (BCCA); and Graham v Bonnycastle , [2004] AJ No 940 (CA). See also Badenach v Calvert , [2016] HCA 11, where the High Court of Australia refused to impose liability on a solicitor who failed to advise the testator of steps that could be take......