Restitution Discussion Group Archives
| Sender: |
John Murphy |
| Date: |
Sun, 11 Feb 1996 10:51:44 +1000 |
| Re: |
Knowing Assistance |
Further to Lionel
Smith's list re Knowing Assistance, I would like to add:-
M. Cope, Constructive Trusts (Sydney: The Law
Book Company, 1992), Part 2
As a former student of Malcolm's I can attest to his
scholarly abilities.
I know it is off point for this "discussion group?",
but, for anyone interested, the concepts of notice as developed in the
constructive trusts case law (e.g. the Rubber cases) are useful in other
areas such as holding a lawyer to have had sufficient notice of irregularities
or falsehood in his instructions as to be guilty of professional misconduct
by misleading the Court.
Also, Prof. P.D. Finn (now Justice Finn of the Australian
Federal Court), cited in Lionel's list, has written extensively on the
theory of holding public officials (elected as well as employed) as trustees
of the public interest, with all the consequences flowing from a breach
of that trust. If anyone is interested, I will find the citations.
John P. Murphy
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