Category Archives: Equity

Andres Knobe, ‘Trusts: Weapons of Mass Injustice?’

Abstract: This paper seeks to start a debate on the harms that trusts can inflict on societies (eg money laundering, corruption and tax evasion risks, potential to defraud creditors, avoid taxes, etc), and what can be done about this. The paper takes a global perspective on the risks of secrecy, asset protection and a race […]

Lionel Smith, ‘Massively Discretionary Trusts’

Abstract: Trust drafting practices have changed dramatically in recent decades. A range of considerations has led to an increase in the dispositive discretions held by trustees. In some cases, the trustees’ dispositive discretions effectively govern the whole trust structure, leading to what the author calls a ‘massively discretionary trust’. These trusts create a series of […]

Stephen Bainbridge, ‘The Parable of the Talents’

Abstract: On its surface, Jesus’ Parable of the Talents is a simple story with four key plot elements: (1) A master is leaving on a long trip and entrusts substantial assets to three servants to manage during his absence. (2) Two of the servants invested the assets profitably, earning substantial returns, but a third servant […]

‘The Use and Abuse of Trusts and Other Wealth Management Devices’: Singapore Academy of Law, 27-28 July 2017

“The Centre for Cross-Border Commercial Law in Asia, Singapore Management University, York Law School and the Singapore Academy of Law will convene the second conference in the Modern Studies in the Law of Trusts and Wealth Management series from 27-28 July 2017 in Singapore.  The theme of the conference is ‘The Use and Abuse of […]

David Williams, ‘The Role of Legal History in Developing New Zealand Common Law Following Paki (No 2)

Abstract: This article considers the role of legal history in the future development of New Zealand common law in the light of the range of views expressed in obiter dicta by Supreme Court judges in Paki v Attorney-General (No 2) in 2014. It discusses the relevance of Canadian precedents on the fiduciary duty owed by […]

‘Frontiers of Commercial Equity’: UNSW Sydney, 18 May 2017

10.00-10.05am: Welcome, Prof Simone Degeling, UNSW Law and Journal of Equity. 10.05-11.05am: Justice Mark Leeming, New South Wales Court of Appeal, ‘Overlapping Claims at Common Law and in Equity – An Embarrassment of Riches?’ 11.05-11.30am: Morning Tea. 11.30am-12.30pm: Jessica Hudson, UNSW Law, ‘Equitable Ownership and Restitution of Misapplied Trust Property’ … (more)

Michael Morley, ‘The Federal Equity Power’

Abstract: Erie killed general law. Due to statutory, constitutional, and fairness constraints, a federal court generally must apply state substantive law in diversity and supplemental jurisdiction cases. Since our nation’s founding, however, federal courts have treated equity as an independent branch of general law, binding of its own force in all cases that come before […]

David Neuberger, ‘Twenty Years a Judge: Reflections and Refractions’

“In autumn last year, I chalked up 20 years as a judge and in autumn this year I will have become an ex-Judge. And, as my judicial adventure nears what property lawyers sometimes call its terminus ad quem, I thought that, in the best traditions of the civil service, it might be worthwhile to start […]

Halberstam and Simard, ‘Fiduciary Law and Economic Development: Attorneys As Trusted Agents in Nineteenth Century American Commerce’

Abstract: This article is the first to demonstrate the important role that fiduciary principles, and the attorneys who adopted them, played in American economic development. Our original historical research shows that: (1) lawyers were heavily involved as trusted agents in US commerce during the nineteenth century, and that (2) their profession’s devotion to fiduciary principles, […]

‘Apples and Oranges, Or Trusts and Wills’

Deborah Gordon, Forfeiting Trust, 57 William and Mary Law Review 455 (2015). Wills and many trusts have the same fundamental purpose: to transfer property at death. This raises perennial questions about the extent to which the law should treat these estate planning vehicles as functionally equivalent. I liked Deborah Gordon’s Forfeiting Trust because it reminds […]