Category Archives: Equity and Trusts

Philip Sale, ‘The Interface between Contract and Equity’

INTRODUCTION “… For my lecture, I have chosen the topic of the interface between contract and Equity. This is, of course, a very large area. My focus will be on substantive legal obligations rather than remedies. So I will not be attempting to deal with the topics of specific performance and injunctive relief, interesting though […]

Francesca Perselli, ‘Beneficiary disputes: Lines v Wilcox

ABSTRACT What is a trustee’s role when there is a dispute to be brought on behalf of the estate which is in the interests of one beneficiary at the expense of another? If the dispute is essentially one between the beneficiaries, can the trustee adopt a neutral position and leave the beneficiaries to litigate between […]

Stephen Alexander, ‘Will trust proceedings of the future be private?’

ABSTRACT This article considers the development, and future course, of the law of privacy in administrative trust proceedings. The author argues that the principles of open justice should remain as the starting point of judicial thinking; that this should mean that the courts’ approach is driven by what is necessary to enable the public to […]

Delacroix and Lawrence, ‘Bottom-up data Trusts: disturbing the ‘one size fits all’ approach to data governance’

INTRODUCTION … This article proceeds from an analysis of the very particular type of vulnerability concomitant with our ‘leaking’ data on a daily basis, to show that data ownership is both unlikely and inadequate as an answer to the problems at stake. We also argue that the current construction of top-down regulatory constraints on contractual […]

Cone, Shan and Barber, ‘A Trusts Act for New Zealand’

ABSTRACT There has been a seismic overhaul of trust law in New Zealand, culminating in the Trustee Act 1956 being replaced by the Trusts Act 2019. The latter reflects modern trust practice and its key features include clarifying the powers, duties, roles and requirements of trust participants, and streamlining various processes. In this article, we […]

Kraus and Scott, ‘The Case Against Equity in American Contract Law’

ABSTRACT The American common law of contracts appears to direct courts to decide contract disputes by considering two opposing points of view: the ex ante perspective of the parties’ intent at the time of formation, and the ex post perspective of justice and fairness to the parties at the time of adjudication. Despite the black […]

Andrew Gold, ‘Trust and Advice’

ABSTRACT Trust matters to fiduciary law in a variety of ways. This chapter focuses on the importance of trust in advisory relationships, and it emphasizes two settings: categorical fiduciary relationships and ad hoc fiduciary relationships. In the categorical setting, these relationships may be appropriately treated as fiduciary in part due to the likelihood of a […]

Equity and Trusts in the Digital Economy: University of Queensland, 20 February 2020

Although much of the modern digital space is subject to significant statutory regulation, equitable doctrines and remedies retain a significant role to play both as a source of protection for consumers and potentially also an area of unidentified legal risk for market participants. The conference will be devoted to pursuing these broad themes, examining the […]

Jeff Berryman, ‘Equity in the Age of the Internet: Google Inc v Equustek Solutions Inc

ABSTRACT The Supreme Court of Canada’s decision in Google Inc v Equustek has been criticized as amounting to an excessive claim of extra-territorial reach and possibly a way to bring the right to be forgotten to Canadian shores. In this comment, the author argues that the case is in fact an orthodox application of equitable […]

Lau Jia Jun, Penner and Wong, ‘The Basics of Private and Public Data Trusts’

ABSTRACT The term ‘data trust’ has recently come into circulation to denote some kind of legal governance structure for the management of data, in particular digital databases, but there is much uncertainty and confusion about what a data trust is supposed to be, legally speaking. This paper examines the nature of data as a possible […]