69 VR 299
GP Building Holdings Pty Ltd v Voitin

Published 08 November 2023

GP Building Holdings Pty Ltd v Voitin

Court of Appeal

Niall, Sifris and Walker JJA

30/09/2022

[2022] VSCA 210

Equity — Fiduciary obligation — Breach — Accessory liability — Knowing receipt — Solicitor misappropriated client monies from trust account — Whether solicitor’s spouse knowingly received misappropriated trust property — Whether spouse had constructive knowledge or ‘ought to have known’ the source of receipts — Standard of proof of knowledge for liability in knowing receipt — Evidence Act 2008 (Vic), s 140

Read the judgment here.