Key Lessons From High Court Trust Litigation: Structuring Family And Business Trusts

In a High Court of Australia decision that concluded an eight-year legal battle, Herbert Smith Freehills Kramer was successful in trust-related litigation that has significant lessons for families and businesses using trusts. On 9 May 2024, the High Court of Australia refused special leave to appeal in the long-running Cardaci litigation. The refusal ended an eight-year legal battle between Mae Cardaci and members of the Cardaci family. We acted for Mae, who was the Plaintiff and who succeeded at all stages of the litigation and successfully opposed the applications for special leave. The judgments of the Supreme Court and the Court of Appeal offer a detailed examination of the rights and obligations of trustees and the remedies available to beneficiaries.