Welcome to 2013

Welcome to 2013.  This year I will keep posting case notes to cover topical issues in trusts and equity, as well as writing from time to time on contentious or difficult issues in the area.  I welcome my readers’ comments and requests on the blog.  If there are any topics that you feel would be well-suited to an overview on the blog please ask.

One topic that I intend to tackle early in the year is an overview of the state of the law in Australia for third party liability for breaches of trust under the principles in Barnes v Addy.  The High Court’s last word on this issue in Farah Constructions Pty Ltd v Say-dee Pty Ltd [2007] HCA 22 is by no means new, but it cannot be said to be a definitive set of principles that governs all cases of  accessory/recipient liability.  Filling in the gaps with judgments of Courts of Appeal is a difficult and sometimes contradictory task that is necessary to successfully navigate this area of the law. I hope, perhaps ambitiously, to provide a concise summary.

Are there any other topics that you would like to see covered on the blog?

 

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