Category Archives: Equity and Trusts

‘Asia-Pacific Trusts Law’ Book and Series Launch: Zoom, 14 October 2021

Edited by Associate Professor Ying Khai Liew and Professor Matthew Harding, Asia-Pacific Trusts Law: Theory and Practice in Context will be launched by Justice Andrew Phang (Supreme Court of Singapore) and Justice Susan Glazebrook (Supreme Court of New Zealand). Theory and Practice in Context is the first volume in the ‘Asia-Pacific Trusts Law’ book series. […]

Joyman Lee, ‘Settlor’s Retention of Powers in Civil Law Trusts’

… This article examines the role of the settlor in civil law trusts with reference to the Japanese and Chinese trusts as well as the French fiducie. Unlike the common law trust, which Donovan Waters describes as the ‘property model’ in the sense that ‘it is the proprietary element that particularly catches attention’, the ‘obligational […]

Stephen Puttick, ‘On Property in Equity’

ABSTRACT This essay reviews Legal and Equitable Property Rights by Professor John Tarrant. Through a focus on the meaning and content of ‘equitable property’, it is argued that the central thesis of Tarrant’s book provides a valuable, alternative conception of equitable rights to that postulated by many leading scholars. However, while Tarrant’s thesis is supported […]

Ben Chen, ‘Family Fiduciaries In The Protective Jurisdiction’

ABSTRACT Baby boomers in Australia are entering retirement with a higher life expectancy and more wealth than any generation before them. Mental and physical decline can make it difficult or impractical for many older people to safeguard their own financial interests. In particular, guardians and attorneys who manage property for the elderly have the opportunity […]

Joyman Lee, ‘The Nature of the Beneficiary’s Interest in English, Japanese and Quebec Trusts’

ABSTRACT In the English trust, the beneficiary is viewed as the substantive owner of property held under trust, even as the trustee holds legal title to the property and is the only party who is able to perform the legal functions associated with ownership. In the mixed legal systems of Quebec and of Japan, the […]

Hui Jing, ‘Enforcing charitable trusts: a study on the English necessary interest rule’

ABSTRACT In England, Parliament introduced the ‘necessary interest rule’ through the enactment of section 115 of the Charities Act 2011 (England and Wales), allowing ‘any person interested’ in a charitable trust to initiate charity proceedings against defaulting trustees in their administration of charitable assets. Nevertheless, insufficient attention has been paid to this rule despite it […]

Chen and Silver, ‘Undue Influence and Will Substitutes: Vitiating Transactions that Blur the Boundaries between Life and Death’

ABSTRACT An ageing population combined with decades of economic growth has correlated with a rise in inheritance disputes. While many of these disputes involve wills, non-probate instruments known as ‘will substitutes’ that operate during the donor’s lifetime but also transfer specific assets upon death are playing a significant role. To date, the academic literature has […]

Eric Kades, ‘Anti Trusts, Reforming an Excessively Flexible Legal Tool’

ABSTRACT Trusts are one of the most flexible legal tools in lawyers’ arsenals, deployed for socially desirable used ranging from supporting orphans to structuring complex investments. Trusts, however, are also used for a host of socially undesirable purposes, including restraint of trade, cheating creditors, establishing family dynasties akin to feudalism, and avoiding taxes. This negative […]

Esmeralda Colombo, ‘From Bushfires to Misfires: Climate-related Financial Risk after McVeigh v Retail Employees Superannuation Trust

ABSTRACT The year 2020 proved to be a clarion call for global society. There is no longer doubt that increasingly we are experiencing unpredictable events, known as ‘black swans’, ranging from pandemics to financial meltdowns. One of the ’climate black swans’ against which experts have cautioned is the financial crisis caused by climate change. In […]

Rohan Balani, ‘Abandoning the Quistclose Trust in Insolvency’

ABSTRACT The majority of academic commentary on the Quistclose trust has focused on its juridical nature in an attempt to understand it through orthodox trust principles. This article focuses instead on the less discussed normative and practical aspects of the Quistclose trust. Through a consideration of the leading cases giving rise to Quistclose relief, it […]