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High Court judgments

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Cite as: May 2015 89 (5) LIJ, p.54


Trusts – requirements of express trust

In Korda v Australian Executor Trustees (SA) Ltd [2015] HCA 6 (4 March 2015) all members of the High Court concluded the Court of Appeal (Vic) had erred in concluding commercial agreements for a timber plantation investment scheme were such that the corporate trustees received funds on an express trust for the investors in the scheme: French CJ; Hayne with Kiefel JJ; Gageler J; Keane J. Consideration of requirements to create express trust. Appeal allowed.

THOMAS HURLEY is a Victorian barrister, ph 9225 7034, email The full version of these judgments can be found at


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