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 more information, please contact stepnswaustralia@step.org.

Please ensure the email address you register with is correct, as all event communications will be sent to this address. The link to join the live-stream will be sent to each ticket holder via email 2 hours before this event through the Humanitix system.

This seminar will be recorded, and the recording will be sent to registered attendees within 7 days.

About the Presenter | Denis Barlin TEP

Called to the bar in 2011, Denis has been listed in Doyle's Guides as Recommended Counsel for Australia in the area of Wills & Estates Litigation since 2019 and in the 2022 edition as Recommended Counsel (NSW) in the Leading Tax Barristers list.

His areas of Practice include: Commercial Law, Corporations Law, Equity & Trusts, Superannuation and Tax & Revenue Law.

Seminar Sponsor | Perpetual

Perpetual Wealth has earned the trust of Australians for over 140 years, our trustee heritage has shaped a culture built on putting clients first. We protect and grow wealth to create enduring prosperity across generations. Perpetual Wealth delivers tailored, holistic financial advice for individuals, families and community organisations, addressing complex needs at every life stage. Our services include superannuation, retirement planning, investment, asset protection, insurance, tax, aged care, succession planning and philanthropy. As one of Australia's largest managers of philanthropic funds, we manage around 1,000 charitable trusts supporting diverse causes. Our fiduciary heritage and investment expertise make us a trusted partner for long-term wealth management.

Learn more

Contact the host of STEP NSW Evening Seminar | Wednesday 16 September 2026