Hillier v Martin (No 8)

[2021] FCA 1272

Federal Court of Australia18 October 2021

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Judges

Charlesworth J

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Case Details

Citation[2021] FCA 1272

CourtFCA

JurisdictionCommonwealth

Decision Date18 October 2021

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Judgment

Judges

Charlesworth J

Subsequent Judicial Consideration1›

Cases that have considered Hillier v Martin (No 8)

Referred to (1)

Hillier v Martin (No 23) [2026] FCA 56

Judicial Consideration (Chronological)

Hillier v Martin (No 23) [2026] FCA 56Referred to

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.

Hillier v Martin (No 8) at [30]

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

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.

Hillier v Martin (No 8) at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.