November 23, 2021 In Bramwell Bate News By Cherie Hannam

Government Announces Bill to Repeal Three Strikes Law

On the 11 November 2021, the Government announced that it intends to repeal the mandatory sentencing regime put in place by the Sentencing and Parole Reform Act 2010, more commonly known as the Three Strikes Law. The Three Strikes Law was intended to deter repeat offenders with the threat of progressively longer mandatory prison terms, and to penalise those who continued to re-offend. The law required courts to impose the maximum applicable penalty without parole on offenders who had committed any...

November 17, 2021 In Bramwell Bate News By Cherie Hannam

Trusts: When is a Loan Really a Distribution?

Loans to beneficiaries are often made without proper consideration as to whether the powers being exercised will affect the preservation of trust assets or how these will affect any benefits to beneficiaries. Recording a payment to a beneficiary as a loan does not conclusively make it so, and such a misrepresentation could put the trustees in breach of their duties as a trustee. Under the Trusts Act 2019, trustees have a mandatory duty to act honestly and in good faith (s 25)....