Macedonian Orthodox Community Church St Petka Inc. v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand
| Jurisdiction | Australia Federal only |
| Judge | Gummow ACJ,Kirby,Hayne,Heydon JJ |
| Judgment Date | 04 September 2008 |
| Neutral Citation | 2008-0807 HCA B,[2008] HCA 42 |
| Court | High Court |
| Docket Number | S107/2008 |
| Date | 04 September 2008 |
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274 cases
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Airways Pension Scheme Trustee Ltd v Mark Owen Fielder
... ... of breach of trust: see, for example, Macedonian Orthodox Community Church St Petka Inc v Diocesan Bishop of the Macedonian Orthodox Diocese of Australian and New Zealand [2008] HCA 42 ... 28. Turning to the ... ...
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SDCV v Director-General of Security
...Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 at 91 [64]; Palmer v Ayres (2017) 259 CLR 478 at 516 154 See Huddart, Parker & Co Pty Ltd v Moorehead (1909) 8 CLR 330 at 357. 155 Fencot......
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Clive Frederick Palmer(Plaintiff) v Marcus William Ayres, Stephen James Parbery and Michael Andrew Owen in their Capacities as Liquidators of Queensland Nickel Pty Ltd (in Liquidation) and Others
...Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 at 93–94 [71]–[74]; [2008] HCA 138Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 405 at 421–422, 444; Schmidt v Rosewood Trust Ltd [20......
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4 firm's commentaries
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Judicial advice - when is it available and why should a trustee seek it?
...Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; 249 ALR 250; [2008] HCA 42; 2 Re Perpetual Investment Management Ltd as responsible entity for Perpetual's Monthly Income Fund and Perpetual'......
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Trustees of a charitable trust must pursue its charitable purposes at all times
...Church of St Petka Inc v His Eminence Petar the Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66.) However, this is not the preferred path for trustees as it is somewhat akin to the proverbial ambulance at the bottom of the cliff. A trustee i......
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Because the Court said so: the benefits of judicial advice for trustees
...Church St Petka Inc v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand & Anor [2008] HCA 42, the plurality of the High Court made the following section 63 is not limited to "non-adversarial" proceedings or proceedings other than thos......
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Breach of trust by professional trustee even with prior legal advice!
...payment." Trustees in a position of uncertainty and risk should keep in mind the comments of the High Court in the Macedonian Church case [2008] HCA 42. It was said in that case it may be more prudent for trustees in difficult situations to first obtain the protection of judicial advice und......
1 books & journal articles
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JUDICIAL ADVICE TO TRUSTEES: ITS ORIGINS, PURPOSES AND NATURE.
...Community Church St Petka Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66, 93 [69] (Gummow ACJ, Kirby, Hayne and Heydon JJ) ('Macedonian Orthodox Church'). (24) Trustee Act 1893, 56 & 57 Vict, c 53, s 51. (25) Ar......