About Nicole Shenfield

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So far Nicole Shenfield has created 8 blog entries.

Generous attorneys: the limits on attorneys benefiting themselves

Generous attorneys: the limits on attorneys benefitting themselves Introduction Section 32 of the Powers of Attorney Act 1998 (Act) provides that an attorney is able to do anything that the principal could lawfully do by attorney (if the adult had capacity for that matter). This means the starting point for considering what powers [...]

2019-03-21T09:25:49+00:00March 21st, 2019|

Re Marsella: the exercise of discretion by a trustee in paying benefits from an SMSF

Re Marsella: Marsella -v- Wareham (No 2) [2019] VSC 65 On the death of a member of a self-managed super fund (SMSF), that deceased member has a death benefit which needs to be paid. When there is no binding nomination in place, the trustee of the SMSF generally (read the deed…) has discretion [...]

2019-03-21T09:20:06+00:00March 21st, 2019|

Are decisions of government contracted service providers subject to judicial review? Durney v Unison Housing Ltd

Background This case dealt with whether a non-profit company (a private entity) can be subject to judicial review when they are providing services on behalf of government. Judicial review is a process of a Court reviewing a decision made by the government or a public entity exercising a statutory power (a power granted [...]

2019-03-21T09:07:56+00:00February 28th, 2019|

Charity involved in large tax evasion scheme in the UK- The Cup Trust: CCEW Inquiry

Background In 2010, a charity registered by the CCEW of England and Wales (CCEW) named 'The Cup Trust' (charity) was embroiled in a tax avoidance scheme and attracted media attention. After a series of investigations, reports and litigation, The Cup Trust was removed from the UK register of charities on 26 May 2017. [...]

2019-02-28T09:00:54+00:00February 28th, 2019|

Sense and sensibility: the outcome of the Select Committee on Charity Fundraising in the 21st Century

On 13 February 2019 the Select Committee (Committee) released its report on charity fundraising in the 21st century.  The Committee was established to enquire into a report on the current framework of fundraising regulations for charities and focussed on a number of key areas, the most important of which we think are: whether [...]

2019-02-28T08:35:14+00:00February 28th, 2019|

Help! My husband wants the house but I want to leave it for my children – what are my options?

  Humans are the most complex animal and we regularly make our family structures and lives more complex than ordinary simple estate planning can cater for properly. I am referring to blended families. Not only do interpersonal relationships between the people in the family become more nuanced, but financial structures and testamentary intentions [...]

2019-02-06T09:03:06+00:00February 3rd, 2019|

Commercial update – PPSR registration renewals

Expiration of certain PPSR Registrations  Certain registrations on the PPSR are limited to a seven year expiry period, these include registrations for: motor vehicles; water craft; and other property which may be described by a serial number (such as certain plant and machinery. As the Personal Property Security Act 2009 commenced on 30 January 2012, [...]

2019-01-30T08:36:02+00:00January 21st, 2019|