Supreme Court equity claims in NSW

We run breach of fiduciary duty, trust, unconscionable conduct and proprietary estoppel claims.
Mullane Lindsay business and commercial law in Newcastle

Equity claims are complex, high-stakes and heard in the Equity Division of the Supreme Court of NSW, so you need litigators who work in that jurisdiction. We act in breach of fiduciary duty, trust disputes, unconscionable conduct, constructive trusts and proprietary estoppel, and we pursue the powerful remedies equity provides, often alongside a commercial disputes claim. We act from our offices in Newcastle, for clients across the Hunter and NSW.

How we help

We build and run equity claims with the rigour they demand. We:

  • Assess the claim, the evidence and the prospects before you commit.
  • Bring or defend fiduciary duty, trust, unconscionable conduct and estoppel claims.
  • Seek urgent injunctions and asset-preservation orders where they are needed.
  • Pursue equitable remedies, including an account of profits, equitable compensation and a constructive trust.

Why clients choose Mullane Lindsay

Our litigation team is led by Director Kristy Nunn and Special Counsel David Collins, with the experience these specialised claims require. Backed by the firm since 1976, we prepare equity matters thoroughly and run them with focus, because in this jurisdiction the detail and the evidence decide the case.

Why are equity claims heard in the Supreme Court?

The Supreme Court of NSW has inherent jurisdiction to grant equitable relief, and a dedicated Equity Division staffed by judges with specialist expertise. Equity developed to provide relief where the common law would produce an unjust or unconscionable result, and its remedies are broad and flexible, which is why fiduciary, trust and unconscionability claims, and remedies such as injunctions and constructive trusts, are run there.

FAQs

Claims based on equitable rights and remedies developed to prevent unjust or unconscionable outcomes. In NSW they are heard in the Supreme Court’s Equity Division, which has inherent jurisdiction and specialist judges. Common claims include breach of fiduciary duty, trust disputes, unconscionable conduct, constructive trusts and proprietary estoppel.

A fiduciary, such as a director, trustee, partner or solicitor, must act in the beneficiary’s interests and avoid conflicts. A breach occurs where they profit from their position or prefer their own interests. Remedies include an account of profits, equitable compensation, a constructive trust, an injunction, and rescission.

Where one party takes unconscientious advantage of another’s special disadvantage, such as age, illness or vulnerability, that was evident to them. The main remedy is rescission, setting the transaction aside, plus return of property and compensation. It sits alongside the statutory protections in the Australian Consumer Law.

A trust imposed by the court to prevent unconscionable conduct or unjust enrichment, declaring that a person holds property for another. It can arise from breach of fiduciary duty, knowing receipt or assistance in a breach of trust, a common intention about property, or proprietary estoppel. It gives a proprietary interest that ranks ahead of unsecured creditors.

Meet Your Team
Kristy Nunn

Kristy Nunn

Director and Practice Group Leader, Litigation, Disputes and Resolutions
David Collins

David Collins

Special Counsel, Disputes, Litigation and Resolution
Our Services

Strategic legal guidance when it matters most.

We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.