Equity & Trusts

When you commence legal proceedings, you can seek a remedy at law, a remedy in equity or both.  A remedy at law generally involves the payment of money, whereas a remedy in equity is usually sought when money will not adequately compensate the person who has been wronged.  Seeking an equitable remedy may for example, involve asking the court to order an injunction (to stop a person from doing something) or specific performance (to force a person to perform a contract).

There are various types of Trusts.  They are generally used for investment and business purposes as an asset protection mechanism and they may be treated in a beneficial way from a tax perspective.  A Trust is formed when one person or organisation owns and manages money, property or assets for the benefit of another one or more persons or organisations.

We can assist you with prosecuting or defending Court proceedings seeking equitable relief, including:

  • Declarations
  • Equitable compensation
  • Injunctions
  • Specific performance and rectification
  • Account of profits
  • Claims that certain property is held on trust
We also assist you with reviewing Trust deeds and advising you on your rights and obligations.