Tobias Barkley

La Trobe Law School

Associate Lecturer

Bundoora

Victoria 3052

Australia

SCHOLARLY PAPERS

5

DOWNLOADS

320

SSRN CITATIONS

0

CROSSREF CITATIONS

0

Ideas:
“  My research is focused on discretionary trusts. My current project proposes that the development of discretionary trusts has produced a new institution founded on a legal relationship that is distinct from traditional fixed trusts. Fixed trusts are characterised by distributive entitlements analogous to property, whereas discretionary trusts are characterised by procedural entitlements governing the trustees’ exercise of discretion. This argument has important ramifications for how different trusts ought to be controlled and regulated by the courts. It also explains why discretionary trusts have a unique impact on areas of legal doctrine that operate on conceptions of ownership, such as tax, family and bankruptcy law. Assets held in discretionary trusts are not beneficially owned, in the sense that no individuals are entitled to benefit from those assets as of right.  ”

Scholarly Papers (5)

1.

Trustees’ Bare Legal Title: Concept or Misconception?

(2017) 26 Australian Property Law Journal 44
Number of pages: 21 Posted: 24 Apr 2017 Last Revised: 16 Aug 2019
Tobias Barkley
La Trobe Law School
Downloads 136 (219,668)

Abstract:

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trustee title, equitable property, trust property, trust title, trustee property, DKLR, Transphere

2.

Is the Trustee-Beneficiary Relationship Necessarily Fiduciary?

Paper presented at Obligations VII, Hong Kong, July 2014
Number of pages: 26 Posted: 17 Jan 2019
Tobias Barkley
La Trobe Law School
Downloads 66 (352,169)

Abstract:

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trusts, trustees, fiduciary, fiduciaries, obligations

3.

Valuing Discretionary Interests and Accompanying Rights

7(9) New Zealand Family Law Journal 223
Number of pages: 34 Posted: 23 Mar 2016 Last Revised: 15 Jul 2017
Tobias Barkley
La Trobe Law School
Downloads 55 (385,656)

Abstract:

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discretionary trusts, discretionary trust, valuation, power of appointment, powers of appointment, discretionary interest

4.

Conceptions of the Fiduciary in Trust Law

(2019) 13 Journal of Equity 23
Number of pages: 37 Posted: 19 Aug 2019
Tobias Barkley
La Trobe Law School
Downloads 37 (452,523)

Abstract:

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fiduciary, fiduciaries, trust law, trusts, trustees, Trusts Act 2019

5.

The Content of the Trust: What Must a Trustee Be Obliged to Do with the Property?

(2013) 19 Trusts & Trustees 452
Number of pages: 37 Posted: 25 Apr 2017
Tobias Barkley
La Trobe Law School
Downloads 26 (505,748)

Abstract:

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trust law, trusts, trust obligations, discretionary trusts