Discuss how frenchs reasoning challenged established


Problem

French J's decision in ASIC v Carey (No 6) deviated from the traditional characterization of a discretionary trust beneficiaries interest by introducing the concept of effective control in family discretionary trust context. Discuss how French's reasoning challenged established equitable doctrine on discretionary beneficiaries interest. Also having regard to judicial and academic response to the decision, does French J's reasoning offer a sound approach to interpreting discretionary family trusts?

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