1. Which trustees can be sued?
   1. Joint and several liability
   2. Must have breached their duty to the trust
      1. S3- duty to invest
      2. S4- suitability
      3. S5- diverstification
      4. S1- Duty and stand of card
      5. Advice/Delegation-S1 SoC
      6. Act personally
         1. Not vicariously liable
         2. But
            1. liable if leave property in hands of co-trustee
            2. liable if they leave affairs of trust in hand of co-trustee w/o inquiry and no delegation
            3. under duty to watch over and if necessary correct conduct of co-trustees
            4. Styles v Guy
            5. liable if aware co-trustee is committing breach and don't attempt to stop
2. Did the breach cause loss?
   1. Nestle v National Westminster Bank
      1. Must have caused an actual loss to the trust or else no liability
3. Defences of trustees
   1. Exemption clauses in TI
      1. Can relieve liability for negligence
      2. Exception: Can't apply to fraudulent breaches
         1. Armitage v Nurse
   2. Consent of beneficiaries
      1. Sui Juris
      2. Freely consent
      3. Relevant knowledge of Facts
         1. Re Pauling- need not know if consenting to a breach. Just knowledge of facts
   3. S61 Trustee Act 1925
      1. Courts relieve liability if T acted honestly and reasonably
      2. Limitation: unlikely to apply to professional trustee
         1. Bartlett v Barclays Bank
         2. Even if sought advice- National Trustee Co of Australia
      3. Limitation 2: Unlikely to apply to passive breaches
   4. Limitation Act 1980
      1. S21(3)
         1. Breaches of trust expire after 6 years
            1. Doesn't start till beneficiary falls into possession
         2. Exception: No period of limitation for:
            1. Fraudulent breaches
            2. Recovering trust property from trustee
         3. Laches
            1. Applies when no statutory limitation period
            2. S36(2) Limitation Act
            3. C won't see when it would be inequitable
            4. D acting to detriment
            5. C acquiesced breach
4. Can trustees claim contribution or indemnity from co-trustees
   1. Joint and severely liable
      1. Claim contribution under S2 Civil Liability (Contribution) Act 1978
         1. Head v Gould
            1. Controlling influence needed
         2. Re Partington
            1. follows solicitor (co-trustee) blindly
      2. Indemnity (100% of loss) from co-trustees
         1. Fraudulently obtained benefit
         2. Used trust property for own benefit
            1. Bahin v Hughes
5. Injunctions
   1. Discretionary
      1. Unclean hands, excessive delay can prevent
      2. Can offer damages in lieu
   2. Contempt of court if not followed
   3. Mandatory
   4. Prohibitory
      1. Only after trial
   5. Interim search order
      1. Without notice to D
      2. Requirements
         1. Strong prima facie case that risk of serious potential damage exists
         2. Clear evidence that D has incriminating evidence
         3. Possibility it will be destroyed if refused injunction
      3. Pay damages if lose case
   6. Freezing order
      1. Form of injunction
      2. Prevents D from dissipating or removing assets from jurisdiction
      3. Same requirements as ISO