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Alfonso, in the matter of Pinnacle Fire Protection Pty Ltd (in liq) v Woods [2021] FCA 1402 — BarristerAI

Alfonso, in the matter of Pinnacle Fire Protection Pty Ltd (in liq) v Woods

[2021] FCA 1402

Federal Court of Australia10 November 2021

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Judges

Cheeseman J

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Case Details

Citation[2021] FCA 1402

CourtFCA

JurisdictionCommonwealth

Decision Date10 November 2021

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Judgment

Judges

Cheeseman J

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Alfonso, in the matter of Pinnacle Fire Protection Pty Ltd (in liq) v Woods 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.

Alfonso, in the matter of Pinnacle Fire Protection Pty Ltd (in liq) v Woods at [37]

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Case Details

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