NSWNSWSC

Application of Barratt Nominees Pty Ltd

[2026] NSWSC 860

Supreme Court of NSW|2026-07-21|Before: Parker J

View on NSW Caselaw

At a glance

Source facts

Court

Supreme Court of NSW

Decision date

2026-07-21

Before

Parker J

Catchwords

TRUSTS AND TRUSTEES — application for judicial advice — discretionary family trust — amendment to definition of distribution date — power of amendment excluding amendments extending the distribution date beyond the latest date provided by the deed — distribution date defined as earliest of fixed period, royal lives period and early termination period — trustee purported to extend fixed period from 50 to 80 years — power of amendment ambulatory in nature so what deed “provides” is judged as at date of exercise — whether extended fixed period certain to expire before royal lives period — rule against perpetuities applicable — held purported amendment impermissible — trustee not justified in administering Trust on footing that amendment valid

Source

Original judgment source is linked above.

Catchwords

TRUSTS AND TRUSTEES — application for judicial advice — discretionary family trust — amendment to definition of distribution date — power of amendment excluding amendments extending the distribution date beyond the latest date provided by the deed — distribution date defined as earliest of fixed period, royal lives period and early termination period — trustee purported to extend fixed period from 50 to 80 years — power of amendment ambulatory in nature so what deed “provides” is judged as at date of exercise — whether extended fixed period certain to expire before royal lives period — rule against perpetuities applicable — held purported amendment impermissible — trustee not justified in administering Trust on footing that amendment valid

Judgment

Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.

Medium Neutral Citation: Application of Barratt Nominees Pty Ltd [2026] NSWSC 860

Hearing dates: 30 June 2026; further written submissions 17 July 2026

Date of orders: 21 July 2026

Decision date: 21 July 2026

Jurisdiction: Equity

Before: Parker J

Decision: See [34]

Catchwords: TRUSTS AND TRUSTEES — application for judicial advice — discretionary family trust — amendment to definition of distribution date — power of amendment excluding amendments extending the distribution date beyond the latest date provided by the deed — distribution date defined as earliest of fixed period, royal lives period and early termination period — trustee purported to extend fixed period from 50 to 80 years — power of amendment ambulatory in nature so what deed “provides” is judged as at date of exercise — whether extended fixed period certain to expire before royal lives period — rule against perpetuities applicable — held purported amendment impermissible — trustee not justified in administering Trust on footing that amendment valid

Legislation Cited: Trustee Act 1925, s 86A

Application of Walker Corporation Pty Ltd [2022] NSWSC 1609 Cisera v Cisera Holdings Pty Ltd [2017] NSWSC 960 In the matter of the CE Brenchley Family Trust [2019] NSWSC 1602 In the matter of the Kien Trust (No 1) [2019] NSWSC 1601

Application of Barratt Nominees Pty Ltd

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment

JUDGMENT

Amendments

14 September 2026

14 September 2026

Legislation Cited (1)

Cases Cited (5)