A court exercising judicial advice jurisdiction under Rule 54 will decline to advise on a proposed legal action where the legal opinion provided contains significant deficiencies that prevent the court from being confident the action is properly arguable. The court will also generally decline to pre-approve costs from trust funds on an indemnity basis where there is insufficient information to assess reasonableness, preferring to leave that question to the trial judge for retrospective determination. The trustee's existing rights of indemnity at common law, under the trust deed, and under the rules of court provide adequate interim protection.
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