Gillian gives advice and conducts litigation in relation to equitable claims such as breach of fiduciary duty, knowing receipt, knowing assistance, undue influence, unconscionability, and so on. Her work also covers common law restitutionary/unjust enrichment claims, such as money had and received. Gillian has, for example, advised corporates who have unknowingly benefited from the proceeds of theft whether a claim against them for recovery of the money would succeed. She is currently acting for a defendant in a High Court proceeding involving such a claim.
In relation to trusts, her focus tends to be on the interpretation of trust deeds, and the powers and obligations of trustees, both in the context of commercial trusts, such as superannuation schemes, and family trusts. Some examples of cases Gillian has been involved in this area include:
- acting for the trustees of a discretionary trust in the High Court and Court of Appeal in a proceeding brought by a beneficiary seeking access to information. Also in issue was whether the interests of a discretionary and final beneficiary can constitute “property” under the Insolvency Act 2006;
- advising the trustees of various corporate superannuation schemes as to their obligations in relation to the distribution of fund surpluses;
- advising the trustees of discretionary family trusts of their obligations in deciding which discretionary beneficiaries should receive a distribution;
- representing a group of retired plan members in a High Court proceeding against a company and its trustees in relation to a superannuation fund surplus.