A court granting judicial advice approving a trustee's sale of trust property will not condition that approval on terms relating to the subsequent disposition of sale proceeds, as the disposition of proceeds is extraneous to the transaction approved. Where disputes are to be determined by arbitration and an arbitrator can be appointed in time to deal with interim relief before sale proceeds become available, the court will not grant interim measures under s 17J of the Commercial Arbitration Act 2011 (Vic). A trustee's costs of seeking judicial advice will be paid from trust assets where the application was reasonable and prudent, and the trust deed specifically empowered the transaction in question.
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