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Anderson (Examiner of the Australian Criminal Intelligence Commission) v SAA [2021] FCA 890 — BarristerAI

Anderson (Examiner of the Australian Criminal Intelligence Commission) v SAA

[2021] FCA 890

Federal Court of Australia29 July 2021

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Judges

Nicholas J

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Case Details

Citation[2021] FCA 890

CourtFCA

JurisdictionCommonwealth

Decision Date29 July 2021

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For Australian Law.

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Judgment

Judges

Nicholas J

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.

Anderson (Examiner of the Australian Criminal Intelligence Commission) v SAA 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.

Anderson (Examiner of the Australian Criminal Intelligence Commission) v SAA at [37]

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Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.