Knowing receipt, knowing assistance, and Torrens land
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Open Access
Type
ArticleAuthor/s
Glister, JamieAbstract
In Turner v O'Bryan-Turner, Wendy O'Bryan-Turner held a power of attorney in respect of her husband, John Turner, who had lost capacity. In purported exercise of that power, Wendy caused several parcels of land in John's name to be transferred as gifts to herself and their children, ...
See moreIn Turner v O'Bryan-Turner, Wendy O'Bryan-Turner held a power of attorney in respect of her husband, John Turner, who had lost capacity. In purported exercise of that power, Wendy caused several parcels of land in John's name to be transferred as gifts to herself and their children, David and Karl. The power of attorney did not authorise these transfers, which were therefore made in breach of Wendy's fiduciary duties to her husband. This meant David and Karl acquired Torrens land as a result of their mother's breach of fiduciary duty. Could they be liable in knowing receipt or knowing assistance?
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See moreIn Turner v O'Bryan-Turner, Wendy O'Bryan-Turner held a power of attorney in respect of her husband, John Turner, who had lost capacity. In purported exercise of that power, Wendy caused several parcels of land in John's name to be transferred as gifts to herself and their children, David and Karl. The power of attorney did not authorise these transfers, which were therefore made in breach of Wendy's fiduciary duties to her husband. This meant David and Karl acquired Torrens land as a result of their mother's breach of fiduciary duty. Could they be liable in knowing receipt or knowing assistance?
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Date
2022Source title
Australian Law JournalVolume
96Issue
6Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was published by Thomson Reuters in the Australian Law Journal and should be cited as Glister, J. (2022). Knowing receipt, knowing assistance, and Torrens land. Australian Law Journal, 96(6), 388–391. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare