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Sender:
Joshua Getzler
Date:
Mon, 8 May 2000 17:19:36 +0100
Re:
Equity in the Federal Court of Australia

 

Some interesting equity, trust and tracing cases have come from the Federal Court of Australia:

Australian Competition and Consumer Commission v CG Berbatis Holdings PL
(1999) 169 ALR 324; [1999] FCA 2
per French J
- definition of unconscionable conduct in contract formation for purposes of defining extent of Commonwealth legislative competence.

Morlea Professional Services PL v Richard Walter PL in liq
(1999) 169 ALR 419; [1999] FCA 1820
per Hill, Sackville and Finn JJ
- constructive trusts against third party intermeddlers and standing of beneficiaries to sue for breach of trust by third parties.

Cachia v Westpac Financial Services
(2000) 170 ALR 651; [2000] FCA 161
per Hely J
- fraud on powers; difference between unit trusts and company shares.

 


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