An equitable charge over commingled trust funds may be enforced under the Vermilion Quay principle of equitable charge where the trustee has dealt with the funds in breach of fiduciary duty and a sufficient proportion of the original res remains identifiable in the resulting account.

DIRECTOR OF PUBLIC PROSECUTIONS (WA) -v- TEAGUE at [30]

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

DIRECTOR OF PUBLIC PROSECUTIONS (WA) -v- TEAGUE at [37]

Judges

Headnote

Case Details

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Judgment

Authorities Cited2›

Subsequent Judicial Consideration2›

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For Australian Law.