View source for The right to follow assets that have been wrongfully distributed: Trustee Legislation
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'''Queensland:''' Nothing prejudices the right of any person to enforce (subject to the provisions of section 109) any remedy in respect of the person’s claim against a person to whom a distribution of any trust property or estate has been made. http://www.austlii.edu.au/au/legis/qld/consol_act/ta1973132/s67.html '''New South Wales:''' The section that protects a trustee or personal representative who distributes after giving notice does not prejudice the right of a person to follow property into the hands of a person to whom it was distributed. http://www.austlii.edu.au/au/legis/nsw/consol_act/ta1925122/s60.html '''Northern Territory:''' "The section that protects a trustee or personal representative who distributes after giving notice does not prejudice the right of a person to follow property into the hands of a person to whom it was distributed." http://www.austlii.edu.au/au/legis/nt/consol_act/ta122/s22.html '''South Australia:''' "The section that protects a trustee or personal representative who distributes after giving notice does not prejudice the right of a person to follow property into the hands of a person to whom it was distributed." http://www.austlii.edu.au/au/legis/sa/consol_act/ta1936122/s29.html '''Tasmania:''' Does not preserve a person’s right to follow property where the property has passed into the hands of a purchaser. http://www.austlii.edu.au/au/legis/tas/consol_act/ta1898122/s25a.html '''Victoria:''' Nothing in this section shall prejudice the right of any person to follow the property, or any property representing the same, into the hands of any person, other than a purchaser, who has received it. http://www.austlii.edu.au/au/legis/vic/consol_act/ta1958122/s33.html '''Western Australia:''' Ensures that the protection afforded to a trustee or PR who distributes property after complying with req. of s.63 does not affect any remedy that a person may have against wrongly paid recipient of property. http://www.austlii.edu.au/au/legis/wa/consol_act/ta1962140/s63.html '''ACT:''' "The section that protects a trustee or personal representative who distributes after giving notice does not prejudice the right of a person to follow property into the hands of a person to whom it was distributed." http://www.austlii.edu.au/au/legis/act/consol_act/ta1925122/s60.html '''2009 Draft Uniform Legislation:''' Model legislation should include (a) a provision, to the effect of section 67(4)(a) of the Trusts Act 1973 (Qld), and a provsion does not limit any defence that the person to whom the wrongful distribution has been made may have: under the model provision that is based on section 109(3) of the Trusts Act 1973 (Qld); or (ii) under any law or in equity.
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