Equity & Trusts

Equity and Trusts Barrister, Brisbane

STEP-accredited counsel for trustee disputes, breach of trust claims and cross-border estates.

Equity and trusts has been Jennifer Sheean’s core specialisation since she was called to the Queensland Bar in 2011, following her time as Associate to the late Justice R. P. Meagher. She advises and appears in trustee disputes, breach of trust claims and equitable remedies, and holds the STEP Advanced Certificate in Cross-Border Estates.

What This Covers

Scope of work

Work in this area runs from discrete advices on the construction of a trust deed or the scope of a trustee’s discretion through to contested applications in the Supreme Court of Queensland. Cross-border elements, assets, beneficiaries or trustees in more than one jurisdiction, are a regular feature and are handled with formal specialist accreditation behind them.

Specific performance

Injunctions and interlocutory relief

Review of trustees’ decisions

Construction of trust deeds and trustee advice

Estoppel claims

Removal of trustees

Breach of trust and equitable compensation

Cross-border estates and trust structures

Why Brief Jennifer

The difference in this area of practice

01 STEP Advanced Certificate in Cross-Border Estates

A formal, assessed specialist qualification in the area where trust and estate work is most technically demanding: assets, beneficiaries or trustees spanning more than one jurisdiction.

02 Credentials That Stay Active

Jennifer holds a STEP Advanced Certificate in Cross-Border Estates, is a member of the STEP Australia Policy and Advocacy Committee, is a co-deputy chair at step Australia, sits as a sessional Member of QCAT, and is an AMDRAS-accredited mediator.

03 Grounded in the Standard Texts

Called after working as Associate to the late Justice R. P. Meagher, co-author of Equity: Doctrines and Remedies, Jennifer assisted with updates to that text. The doctrinal grounding shows in the advice.

Applications Jennifer is regularly briefed on

Much of the work in this area turns on a small number of applications that come up repeatedly in trust administration and trustee disputes. The following are the ones Jennifer is most often briefed on, whether for a written advice at the outset or to appear on the application itself.

Equitable interests in property

An equitable interest can arise when a person has contributed to the purchase or substantial improvement of a property or even when a promise has been made about a property of which they are not the legal owner. An equitable interest exists alongside or in the absence of legal title but if the legal owner will not recognise the equitable interest, a court order is required to be able to enforce it.

Judicial advice under section 184 of the Trusts Act 2025 (Qld)

Where a trustee faces a decision they cannot safely make alone: commencing or defending proceedings, a contested distribution, a proposed sale, or a course of action a beneficiary has already objected to. Acting on the Court’s advice protects the trustee, provided the application discloses the position fully.

Removal and replacement of trustees

Under a power in the trust deed, under the Trusts Act, or by the Court exercising its inherent jurisdiction. Advice at an early stage often identifies whether a negotiated retirement will achieve the same result without a contested hearing.

Construction of trust deeds and scope of discretion

Where the deed is ambiguous, the class of beneficiaries is unclear, or a trustee needs to know whether a proposed exercise of discretion falls inside their powers. Frequently the least expensive point at which to involve counsel.

How It Works

From checking availability to resolving the matter

01 Check Real-Time Availability

See open dates on Jennifer’s live calendar before you even pick up the phone.

02 Send Matter Details

Outline the matter by email, enquiry form, or reserve a time.

03 Get a Clear Costs Estimate

A transparent, upfront estimate complying with the legislation.

04 Clear Communication

Clear and responsive communication throughout the life of the matter

05 Resolve the Matter

Resolution focus whether through litigation or as a mediator.

Credentials

STEP

STEP Advanced Certificate, Cross-Border Estates

Bar Association of Queensland

QCAT Sessional Member

FAQ

Questions instructing solicitors ask

How to remove a trustee in Queensland?

A trustee may be removed under the terms of the trust deed, or by the Supreme Court under the Trusts Act. The Court’s concern is the welfare of the trust and its beneficiaries rather than punishing the trustee, so the evidence needs to be precise about the conduct and its effect. Jennifer advises on the most direct route available on the facts, including a negotiated retirement where that resolves the matter sooner.

What is a breach of trust claim?

A breach of trust arises where a trustee acts outside the terms of the trust or in breach of an equitable duty, for example by misapplying trust property, acting in a position of conflict, failing to invest prudently, or preferring one beneficiary improperly. Remedies include equitable compensation to restore the trust fund, an account of profits, tracing of trust property, injunctions, and removal of the trustee. The available remedy often shapes the strategy, so it is worth assessing early.

What does an equity and trusts barrister cost in Brisbane?

You receive a clear, written estimate before any brief is confirmed, scoped to the specific work sought, whether that is a discrete advice, an interlocutory application, a mediation or a hearing. Fees are set against the actual scope rather than an open-ended retainer, and you will be told promptly if the fees change as the scope changes. The intention is that the estimate you approve is the invoice you receive.

Related Practice Areas

Where matters often overlap

Mediation Services

AMDRAS-accredited mediation across estate, trust and commercial disputes.

Learn more

Wills & Estates

Will construction, informal wills and executor’s commission advice.

Learn more

Estate Litigation & Disputes

Family provision applications, executor removal, probate disputes and caveats.

Learn more

Check Jennifer’s availability and brief Brisbane’s equity, trusts and mediation specialist directly.

One barrister, one point of contact, real-time availability.

Check Availability

07 3211 5592, or send a direct enquiry.

Check availability and brief a specialist directly

One barrister, one point of contact, real-time availability. Clear costs before any brief is confirmed.

Check Availability for Mediation

07 3211 5592

Send a Direct Enquiry

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