Roser Lawyers regularly engages with leading insolvency practitioners throughout Australia. By specialising in bankruptcy services including litigation, Roser Lawyers is regularly called upon by leading Trustees with complex legal problems to advise and recover assets for the benefit of creditors.
The trustee has a fiduciary duty to the beneficiaries and must act in their interests in preserving and protecting the assets of the trust. However, the receivers do not have a direct interest in the assets of the trust. The trustee’s powers are governed by the terms of the trust deed and are affected by the common law principles applicable to trusts and fiduciary duties and requirements of the Trustees Act 1962 (WA).
Roser Lawyers regularly is instructed and acts for Trustees in relation to:
- Applications pursuant to Section 66G of the Conveyancing Act 1919 (NSW).
- Advise and recover in relation to non-commercial transactions of Bankrupts prior to bankruptcy.
- Advice regarding equitable interest and trust claims including litigation.
- Applications to Court in relation to public examinations of Bankrupts – Roser Lawyers regularly appears and generally we will run the examinations ourselves without the need to brief Counsel. This is cost effective and assists clients in obtaining more information to help prosecute claims pursuant to Section 120, 121 and 122 of the Bankruptcy Act 1966 (Cth).
For a confidential discussion relating to your trusts’ complex legal problems, do not hesitate to contact Roser Lawyers