Sequestro di beni in trust (Australia, Filippini v Keystone Asset Management Ltd, 2026)

Abstract

Filippini v Keystone Asset Management Limited (Receivers and Managers appointed) (in liquidation) confirmed that the Court may grant third party freezing orders against trustees of discretionary trusts where a judgment debtor or prospective judgment debtor is a beneficiary and appointor exercising extensive control over the trusts, even without establishing a proprietary interest in the trust assets. The Court necessarily addressed the issue of whether trust assets should be subject to freezing orders.

This case note analyses the judgment, evaluates the Full Court’s reasoning and considers implications concerning trust administration.