STEP NSW Evening Seminar | Wednesday 16 September 2026
STEP NSW Evening Seminar | Wednesday 16 September 2026
STEP NSW Branch invites you to a seminar with Denis Barlin TEP, Barrister, 13 Wentworth Selborne Chambers.
Topic: Setting aside transactions made by trustees: mistakes, rectification and not having regard to relevant considerations
Much has been said in relation to seeking a review, and setting aside of, discretionary decisions of trustees, such as in Owies v JJE Nominees Pty Ltd [2022] VSCA 142 and Karger v Paul [1984] VR 161.
This seminar considers the defective exercise of powers by a trustee and when the outcome and consequence of such an exercise may be set aside. Particular regard is given to:
(a) mistakes made by trustees (and where recission may be sought);
(b) rectification of written instruments; and
(c) where a trustee exercises a power in the context of inadequate consideration being given by a trustee.
Whilst, when exercising a power, a trustee may have a duty to have regard to relevant considerations, that duty in some circumstances may extend to considering the consequences of a proposed exercise of a power in a particular way, and not merely its nature or legal effect. Where the effect or consequences of the exercise of a power by a trustee are not fully appreciated by a trustee, when the consequences should have been then the principles in Pitt v Holt [2013] 2 AC 108 may apply (which itself was a watering down of the “rule” in Re Hastings-Bass).
Event Details
Date: Wednesday 16 September 2026
Time: 17:30 – 18:30 AEST
Venue: Court 13A, Supreme Court of New South Wales (in person and online via live-stream)
Cost: STEP Members $75 | Non-Members $120
For further information or assistance, please contact stepnswaustralia@step.org
REGISTER HERE
Seminar Sponsor | Perpetual
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