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19842014: The Life of the (Non-constructive) Trust in the High Court


Dal Pont, GE, 1984-2014: The Life of the (Non-constructive) Trust in the High Court, Adelaide Law Review, 36, (1) pp. 179-210. ISSN 0065-1915 (2015) [Refereed Article]

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The High Court of Australia has handed down at least 30 judgments on the law of trusts in the period 19842014. This presents as an opportune time to consider what the timeframe of a generation has contributed to trusts law at the highest judicial level in Australia. Leaving aside the constructive trust, which is jurisprudentially distinct and well served by academic literature, this paper focuses on the High Court developments in the law of trusts within this era. It concludes that, while not revolutionary, the case law has revealed incursions into what may previously have been assumed to be accepted principle and a consequent fluidity in the concept of the trust and its incidents.

Item Details

Item Type:Refereed Article
Keywords:Trusts, High Court
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Equity and trusts law
Objective Division:Expanding Knowledge
Objective Group:Expanding knowledge
Objective Field:Expanding knowledge in law and legal studies
UTAS Author:Dal Pont, GE (Professor Gino Dal Pont)
ID Code:104872
Year Published:2015
Deposited By:Faculty of Law
Deposited On:2015-11-24
Last Modified:2016-07-28

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