Fischer v Nemeske Pty Ltd

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Bell J,Kiefel J,Gageler J,Gordon J
Judgment Date06 April 2016
Neutral Citation[2016] HCA 11
Date06 April 2016
Docket NumberS223/2015
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1 cases
3 firm's commentaries
  • Trustee's power to advance and apply the assets of a trust examined by High Court
    • Australia
    • Mondaq Australia
    • 22 April 2016
    ...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......
  • High Court rules that interim capital distribution from trust revaluation reserve is valid
    • Australia
    • Mondaq Australia
    • 11 April 2016
    ...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)......
  • Can a resolution creating a debt be a means by which trust money is advanced?
    • Australia
    • Mondaq Australia
    • 7 February 2017
    ...- 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 '......

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