HD and Dean's List Full Course Notes

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HD and Dean's List Extensive Complete Course Notes. Covering every topic and lecture for the whole term. Topics covered: Week 1A (Introduction to Equitable Remedies): Nature of equity and the Court of Chancery, equity acts in personam, personal rights vs proprietary rights (in personam vs in rem), National Provincial Bank v Ainsworth AC 1175 (four requirements for a right to qualify as property), equitable property and the Mills v Ruthol principle, DKLR Holding Co v Commissioner of Stamp Duties (merger of legal and equitable interests), equitable ownership, functional objectives of equitable remedies (compensation, disgorgement, restitution, reformation, coercion, vindication, substitutive performance), discretionary nature of equitable relief and the minimum necessary remedy principle, eight-question analytical framework for remedial analysis, Giumelli v Giumelli (1999) 196 CLR 101 (minimum necessary remedy, money sum preferred over constructive trust where third parties engaged), McKenzie v McDonald VLR 134 (equitable compensation as alternative to rescission barred by BFP), Nelson v Nelson (1995) 184 CLR 538 (relief granted conditionally, unclean hands as non-absolute bar). Week 1B (Equitable Property and the Trust Relationship): Concept of equitable property and the relationship between legal and equitable title, Foskett v McKeown 1 AC 102 (bank deposit creates debt not trust, Lord Millett on money paid into a bank account), conditions for equitable property (specific relief prerequisite, definable, identifiable, capable of assumption, permanence), Beconwood Securities v ANZ Banking Group FCA 594 (equitable property in securities lending). Week 2A (Breach of Confidence): Elements of breach of confidence from Coco v AN Clark Engineers Ltd RPC 41 (quality of confidence, circumstances importing obligation, unauthorised use to detriment), Prince Jefri Bolkiah v KPMG 2 AC 222 (obligations persist after retainer ends, Chinese walls insufficient, burden shifts to new client), ABN AMRO Bank NV v Bathurst Regional Council (2014), Wingecarribee Shire Council v Lehman Brothers Australia FCA 1028 (fiduciary duties in financial advisory relationships), remedies for breach of confidence (injunction, account of profits, equitable compensation, delivery up). Week 2B (Equitable Fiduciary Obligations): Categories of fiduciary relationships (not closed), Hospital Products v United States Surgical Corporation (1984) 156 CLR 41 (Mason J fiduciary undertaking principle), Grimaldi v Chameleon Mining NL (No 2) (2012) 200 FCR 296 (working formulation of fiduciary relationship), Breen v Williams (1996) 186 CLR 71 (doctor-patient not inherently fiduciary, five indicia of fiduciary relationship), two core proscriptive duties (no profit rule and no conflict rule), Regal Hastings v Gulliver 2 AC 134 (no profit rule is strict, irrelevant that fiduciary acted honestly or principal could not make profit), Boardman v Phipps 2 AC 46 (no conflict rule, slightest possibility vs real sensible possibility debate, fiduciary allowance for honest breach), CBA v Smith (1991) 42 FCR 390 (full and frank disclosure of conflict required, half-disclosure is no consent), fiduciary relationships and contract (Hospital Products, ASIC v Citigroup, UDC v Brian (1985) 157 CLR 1 on pre-contractual joint ventures), remedies for breach of fiduciary duty (account of profits, constructive trust, equitable compensation, injunction, rescission). Week 3 (The Law of Assignment): Assignment terminology (assignor, assignee, chose in action, chose in possession, debtor), statutory assignment under s 12 Conveyancing Act 1919 (NSW) (four requirements: absolute, written, signed, express written notice; effect: passes legal right from date of notice), equitable assignment (Norman v FCT (1963) 109 CLR 9 on immediate intention to transfer existing proprietary right, Milroy v Lord on equity not assisting volunteers, William Brandt's Sons v Dunlop Rubber Co AC 454 on equitable assignment for consideration), equitable assignment by way of gift (Milroy v Lord, Corin v Patton (1990) 169 CLR 540 on donor doing all steps within their exclusive power), formalities under s 23C Conveyancing Act 1919 NSW (four sub-sections covering interests in land, declarations of trust over land, dispositions of equitable interests, and exemption for resulting implied and constructive trusts), assignment of subsisting equitable interests (Norman v FCT, Halloran v Minister Administering National Parks (2006)), agreements to assign vs subsisting equitable interests (Oughtred v IRC AC 206), priority rules under the rule in Dearle v Hall (1828). Weeks 4A and 4B (Creating Private Express Trusts and Trustee Duties): What is a trust (settlor, trustee, beneficiary, object, trust property), ways of creating an express trust (self-declaration and transfer to trustee), constitution of a trust (property must be vested in trustee, equity will not assist a volunteer), the three certainties from Knight v Knight (1840): certainty of intention (Byrnes v Kendle (2011) 243 CLR 253 on objective test, Paul v Constance 1 WLR 527 on informal words, Harpur v Levy (2007) on immediate effect requirement), certainty of subject matter (identifiable and ascertainable property, no future property), certainty of objects (IRC v Broadway Cottages complete list test for fixed trusts, McPhail v Doulton AC 424 is-or-is-not test for discretionary trusts, Re Gulbenkian AC 508 for bare powers), formalities for trust creation (ss 23C(1)(a)(b)(c) CA), disclaimer of office, trust vs agency vs charge vs debt vs partnership vs bailment comparison table. Trustee duties: primary duty to adhere to trust terms (Youyang v Minter Ellison (2003) 212 CLR 484), duty to get in trust assets, duty to keep assets separate (Associated Alloys (2000) 202 CLR 588), duty to keep and render accounts (Spellson v George (1987)), duty to give information to beneficiaries (Schmidt v Rosewood , Re Londonderry's Settlement ), duty of reasonable care (Speight v Gaunt (1883), higher standard for professional trustees from Bartlett v Barclays Bank Trust ), duty of impartiality (Tanti v Carlson VLR 401), duty to genuinely consider exercise of discretionary powers (Karger v Paul VR 161, Attorney-General for the Commonwealth v Breckler (1999) 197 CLR 83), investment duties under ss 14, 14A, 14B, 14C Trustee Act 1925 (NSW), duty to act personally and employment of agents under s 53, trustee indemnity and exoneration, defences to breach of trust (exclusion clauses and irreducible core from Armitage v Nurse , s 85 Trustee Act honest and reasonable relief, Saunders v Vautier principle). Week 5 (Breach of Confidence and Equitable Wrongs in Commercial Contexts): Breach of confidence for commercial information (quality of confidence and partial publicity, circumstances importing confidence including Hasler v Singtel Optus (2014) 87 NSWLR 609), unconscionable dealing elements from Commercial Bank of Australia v Amadio (1983) 151 CLR 447 (special disadvantage, knowledge, unconscientious advantage), knowing receipt and breach of fiduciary duty: Ancient Order of Foresters in Victoria Friendly Society v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 (full net present value of business required to be disgorged as knowing participant, but-for causation, fiduciary's breach not specific acts of participation, Kiefel CJ Keane and Edelman JJ plurality; Gageler J agreeing on causation). Weeks 7A and 7B (Accessorial Liability, Tracing, Following and Claiming): Barnes v Addy (1874) LR 9 Ch App 244 framework (Lord Selborne two-limb formulation). Knowing receipt (first limb): four elements (breach of fiduciary duty causing transfer, defendant receives property or traceable proceeds, beneficial receipt, knowledge), Baden scale of knowledge (five categories from actual knowledge to constructive notice), Farah Constructions v Say-Dee (2007) 230 CLR 89 (actual knowledge or wilful blindness required, constructive notice insufficient for knowing assistance under current Australian law), Grimaldi v Chameleon Mining NL (No 2) (account of profits in specie, knowing receipt of companies he controlled). Knowing assistance (second limb): four elements (breach by fiduciary, dishonest and fraudulent design, assistance, knowledge), Royal Brunei Airlines v Tan 2 AC 378 (defendant's own dishonesty required, objective standard, focuses on defendant not trustee's subjective intent), remedies (knowing receipt: personal restitution or proprietary constructive trust; knowing assistance: personal account of profits from Lifeplan). Tracing, following and claiming from Foskett v McKeown 1 AC 102 (Lord Millett's three-part formulation), limits of tracing: Robb Evans v European Bank Ltd (2004) 61 NSWLR 75 (bank deposit is debt not substitution, tracing failed), election between following and tracing: Creak v James Moore and Sons (1912) 15 CLR 426 (cannot claim both original property and traceable substitute). Week 7C (Priorities): Nature of priority disputes, priority rules matrix (prior legal vs subsequent legal: nemo dat; prior legal vs subsequent equitable: prior legal generally prevails, exception for assisted or connived fraud from Northern Counties of England Fire Insurance v Whipp (1884) 26 Ch D 482; prior equitable vs subsequent legal BFP; prior equitable vs subsequent equitable: first in time; mere equities; rule in Dearle v Hall for competing assignees of equitable interests). Weeks 8A and 8B (Money Remedies in Equity and Resulting Trusts): Account of profits (profit-stripping, not punitive, available for breach of fiduciary duty, breach of confidence, knowing assistance and receipt, statutory IP wrongs), causation (liberal by reason of or in course of from Warman v Dwyer (1995) 182 CLR 544; but-for for knowing assistance from Lifeplan), Warman v Dwyer (apportionment, onus on fiduciary, allowances for skill and effort), allowances for care and skill (more readily granted for honest breach as in Boardman), bars and discretionary factors (laches, acquiescence, unclean hands, third party interests). Equitable compensation (two forms: substitutive and reparative), accounting parties (Associated Alloys, Libertarian Investments v Hall (2013) 16 HKCFAR 681 (Millett NPJ distinguishing substitutive from reparative)), falsification (unauthorised disbursement removed from account, no loss requirement), surcharge (failure to collect charged as credit), VUT v Wilson VSC 186 (apportionment in misappropriated opportunity by reference to arm's length academic norms). Resulting trusts: two main categories from Commissioner of Taxation v Bosanac HCA 34 (presumed and automatic), purchase money resulting trust (P pays, title in D: presumed RT; joint contribution: proportional; joint names: Calverley v Green (1984) 155 CLR 242), voluntary conveyance resulting trust, presumption of advancement (father to child, husband to wife, weak and readily displaced in modern law), Bosanac HCA 34 (presumption not triggered mechanically, totality of objective facts must be inconsistent with trust, Mr Bosanac's sophisticated separating of assets displaced presumption), Calverley v Green (deposit gives RT, mortgage liability at acquisition is joint, subsequent repayments are equitable accounting), Trustees of Property of Cummins v Cummins (2006) 227 CLR 278 (marital home as joint tenants, equal beneficial interest from actual intention inferred from all circumstances), Nelson v Nelson (1995) 184 CLR 538 (illegal purpose RT, relief granted on terms, presumption of advancement rebutted), Bloch v Bloch (1981) (RT interests vest at date of purchase, not affected by subsequent mortgage repayments), automatic resulting trusts (express trust fails wholly or partially, purpose trust surplus: Re Trusts of the Abbott Fund 2 Ch 326, Air Jamaica v Charlton 1 WLR 1399). Week 9 (Principles of Equitable Remedies): Vocabulary and objectives of equitable remedies (personal, proprietary, coercive, declaratory), equitable relief is discretionary, bars to equitable relief: laches (Erlanger v New Sombrero Phosphate Co (1878) elements: delay plus prejudice; Orr v Ford (1989) 167 CLR 316 majority and Deane J dissent on deliberate standing by), acquiescence (Deane J in Orr v Ford, distinguished from mere delay), unclean hands (FAI Insurance v Pioneer Concrete (1987): general naughtiness insufficient, direct nexus required; Black Uhlans Inc v NSW Crime Commission NSWSC 1060 on lack of nexus and recognising proprietary interest in own money), hardship (Patel v Ali Ch 283: exceptional personal hardship arising after contract, specific performance refused), specific performance (availability, bars, personal service contracts excluded), injunctions (prohibitory, mandatory, interlocutory via American Cyanamid, final, quia timet), constructive trust as a remedy (proprietary, arising by operation of law, available for fiduciary breach, knowing receipt, proprietary estoppel, vendor-purchaser, must be minimum necessary remedy from Giumelli), rescission (bars: affirmation, lapse of time, BFP, impossibility of restitution, substantial restitution by money award from McKenzie v McDonald).