This article concerns one aspect of the interrelationship between law and equity. The scope of the fiduciary obligations owed by trustees, partners and other fiduciaries whose status is sourced in contract depends substantially, but not wholly, on what that contract has provided. That in large...

Litigation against a government presupposes that it is amenable to suit and there is a court of competent jurisdiction. This paper deals with the amenability to suit of, and the jurisdiction of courts over, the executive governments of the Australian Commonwealth and States. Its purpose is to...

Overlapping claims at common law and in equity are an important part of the Australian legal system. Far from being something to be viewed as an anomaly and, if possible, resolved or eliminated, they reflect the historical truth that the legal system has for many centuries comprised overlapping...

This note seeks to identify some recurring misunderstandings and sources of imprecision in legal analysis involving trusts and, more particularly, discretionary trusts. It directs attention to the facts that the trust is a relationship, not a legal person, that the trustee will be personally...

How is an Australian lawyer to analyse how Australian law (say, of succession, or property, or taxation) applies to a foreign trust or trust-like structure? This note deals with two issues which arise when a foreign legal institution interacts with the Australian legal system. The first is one...

The relationship between equity and statute is important, complex and under-appreciated. This paper identifies ways in Australia, the United Kingdom and the United States of America in which equitable principles of unconscionable conduct have interacted with statute

This paper puts to one side the obvious statutory differences between the protection of confidential information in the United Kingdom and Australia, and focusses upon the more nuanced, but quite different, judicial approaches to the basic question: what pecuniary remedies are available for a...

This note reviews Burness v Hill [2019] VSCA 94, and addresses the ways in which marshalling of securities operates in equity (differently in England, New Zealand, Canada and Australia from the position in the United States of America) and whether releases continue to be construed differently in...

What is the nature of a trustee's right of indemnity, and, in particular, if the trustee of a trading trust is wound up, how does it interact with the Australian statutory scheme for distribution to creditors? Two Australian intermediate courts delivered substantial judgments addressing these...