Sydney Law School: Recent submissions
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Knowing assistance and equitable compensation
Published 2016Should the equitable compensation payable by a knowing assistant be assessed by reference to the loss flowing from the assistance itself, or the loss flowing from the underlying fiduciary breach? In Michael Wilson & Partners ...Open AccessArticle -
Breach of fiduciary duty: Brickenden lives on (Premium Real Estate v Stevens)
Published 2011A case note on the Supreme Court of New Zealand (NZSC) decision in Premium Real Estate v Stevens.Open AccessArticle -
Breach of trust and consequential loss
Published 2014This article discusses the recovery of consequential loss following a breach of trust. The traditional method of enforcing trustee duties - the account - cannot accommodate consequential recovery. However, the position may ...Open AccessArticle -
Labour regulation and the great divide: Does the gig economy require a new category of worker?
Published 2019Most forms of labour regulation operate on the assumption that rights and protections should be accorded to employees, but not the self-employed. The need to question that binary divide is heightened by modern forms of ...Open AccessArticle -
Betting the farm - Remedial roulette in proprietary estoppel: Guest v Guest [2022] UKSC 27
Published 2023The dispute in 'Guest v Guest' will be depressingly familiar to anyone with a passing familiarity with proprietary estoppel. David, the patriarch of a farming family, promised to leave the better portion of the farm to his ...Open AccessArticle