Mark Leeming

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

52

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Scholarly Papers (52)

1.

What is a Trust?

Trusts Quarterly Review, Vol. 7, pp. 5-13, 2009, Sydney Law School Research Paper No. 09/21
Number of pages: 22 Posted: 16 Apr 2009
Mark Leeming
The University of Sydney Law School
Downloads 1,365 (21,473)

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trust, equity, judicature act, chose in action, Atlay, Field Code, assignment, chancery reforms

2.

The Scope of Fiduciary Obligations: How Contract Informs, But Does Not Determine, the Scope of Fiduciary Obligations

Journal of Equity, Vol. 3, No. 3, pp. 181-203, 2009, Sydney Law School Research Paper No. 10/26
Number of pages: 20 Posted: 22 Feb 2010 Last Revised: 20 Dec 2020
Mark Leeming
The University of Sydney Law School
Downloads 944 (36,647)

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Equity, Fiduciary, Scope, Contract, Trustee, Director, Exclusion Clause

3.

Equity, the Judicature Acts and Restitution

Journal of Equity, Vol. 5, No. 3, pp. 199-227, 2011, Sydney Law School Research Paper No. 11/105
Number of pages: 29 Posted: 17 Dec 2011 Last Revised: 25 Nov 2020
Mark Leeming
The University of Sydney Law School
Downloads 599 (67,164)

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Equity, Judicature legislation, Fusion, Restitution, Judicature, Bleak House, Fusion Fallacy

4.

Subrogation, Equity and Unjust Enrichment

FAULT LINES IN EQUITY, J. Glister and P. Ridge, eds., Hart Publishing: Oxford, pp. 27-43, 2012, Sydney Law School Research Paper No. 12/52
Number of pages: 15 Posted: 07 Aug 2012
Mark Leeming
The University of Sydney Law School
Downloads 435 (99,017)

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subrogation, unjust enrichment, equity, Bofinger, Banque Financiere, Birks, Burrows, taxonomy, rationality

5.

The Role of Equity in 21St Century Commercial Disputes - Meeting the Needs of Any Sophisticated and Successful Legal System

M. Leeming, “The Role of Equity in 21St Century Commercial Disputes” (2019) 47 Aust Bar Rev pp.137-158, Sydney Law School Research Paper #19/54
Number of pages: 27 Posted: 30 Aug 2019
Mark Leeming
The University of Sydney Law School
Downloads 390 (112,360)

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equity, relationship with contract, certainty, unconscionability, discretion, commercial litigation, significance of equitable remedies, rules and principles

6.

Theories and Principles Underlying the Development of the Common Law – The Statutory Elephant in the Room

UNSW Law Journal, Vol. 36, No. 3, pp. 1002-1029, 2013, Sydney Law School Research Paper No. 13/93
Number of pages: 29 Posted: 13 Dec 2013
Mark Leeming
The University of Sydney Law School
Downloads 282 (159,061)
Citation 1

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Common law, Unwritten law, Statutes, Legal system, Coherence, Comparative law, Taxonomy, Traynor

7.

Common Law Within Three Federations

Public Law Review, Vol. 18, No. 3, pp. 186-199, 2007, Sydney Law School Research Paper No. 07/64
Number of pages: 20 Posted: 08 Nov 2007 Last Revised: 20 Nov 2007
Mark Leeming
The University of Sydney Law School
Downloads 256 (175,458)

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federal common law, federal jurisdiction, comparative constitutional law, federalism, common law, Sosa, Lange, Bivens, precedent, appellate jurisdiction, state common law, provincial common law, subnational common law

8.

When Should a Plaintiff Take an Account of Profits?

Australian Intellectual Property Journal, Vol. 7, pp. 127-134, 1996, Sydney Law School Research Paper No. 10/49
Number of pages: 8 Posted: 11 May 2010 Last Revised: 06 Dec 2020
Mark Leeming
The University of Sydney Law School
Downloads 242 (185,324)

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account of profits, intellectual property, remedies, copyright, election, equity, apportionment, overheads; unrealised profits, additional damages

9.

Equity in Australia and the United Kingdom: Dissonance and Concordance

Sydney Law School Research Paper No. 19/66
Number of pages: 20 Posted: 14 Nov 2019
Mark Leeming
The University of Sydney Law School
Downloads 215 (207,336)

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comparative common law, equity, confidential information, Barnes v Addy, Saunders v Vautier, judicial advice, assessing persuasive weight of international decisions

10.

Equity: Ageless in the Age of Statutes

Journal of Equity, Vol. 9, No. 2, pp. 108-129, 2015, Sydney Law School Research Paper No. 15/91
Number of pages: 22 Posted: 19 Oct 2015 Last Revised: 24 Nov 2020
Mark Leeming
The University of Sydney Law School
Downloads 209 (212,738)

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Equity, common law, statutes, Judicature legislation, codification, historical continuity, coherence, precedential effect, Calabresi

11.

Standing to Seek Injunctions Against Officers of the Commonwealth

Journal of Equity, Vol. 1, No. 3, pp. 3-17, 2006, Sydney Law School Research Paper No. 07/67
Number of pages: 15 Posted: 08 Nov 2007 Last Revised: 25 Nov 2020
Mark Leeming
The University of Sydney Law School
Downloads 185 (237,254)

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injunction, standing, federal jurisdiction, equity, officer of the Commonwealth, Marbury

12.

The Liabilities of Commonwealth and State Governments under the Constitution

Australian Bar Review, Vol. 27, No. 2, pp. 217-230, 2006, Sydney Law School Research Paper No. 07/69
Number of pages: 14 Posted: 08 Nov 2007 Last Revised: 25 Nov 2020
Mark Leeming
The University of Sydney Law School
Downloads 183 (239,502)

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Australian constitutional law, sovereign immunity, amenability to suit, Crown proceedings, federal jurisdiction, Australian States, Mewett

13.

‘Pipikos v Trayans’ - The High Court Revisits Part Performance

Leeming, M., "'Pipikos v Trayans' - The High Court Revisits Part Performance", Australian Law Journal, 93, 2019, pp. 91-94, Sydney Law School Research Paper No. 20/22
Number of pages: 8 Posted: 09 Apr 2020
Mark Leeming
The University of Sydney Law School
Downloads 171 (253,746)

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Part performance, acts unequivocally referable, Maddison v Alderson, statute, legal history

14.

Confidential Information: Same Problems, Different Resolutions in the United Kingdom and Australia

Sydney Law School Research Paper No. 11/70
Number of pages: 9 Posted: 11 Oct 2011
Mark Leeming
The University of Sydney Law School
Downloads 166 (260,257)

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confidential information, account of profits, election, Blake, Lord Cairns Act, equitable discretion, contractual confidence, equitable confidence

15.

Lawyers' Uses of History, from Entick v Carrington to Smethurst v Commissioner of Police

(2020) 49 Australian Bar Review 199
Number of pages: 24 Posted: 04 Dec 2020
Mark Leeming
The University of Sydney Law School
Downloads 149 (284,396)

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legal history, Maitland, Enid Campbell, law in context, equity, law reporting

16.

The Riddle of Jurisdictional Error

Australian Bar Review, Vol. 38, No. 2, pp. 139-152, 2014, Sydney Law School Research Paper No. 16/53
Number of pages: 14 Posted: 15 Jun 2016 Last Revised: 24 Nov 2020
Mark Leeming
The University of Sydney Law School
Downloads 148 (285,934)

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Australian constitutional law, implied limitation on legislative power, constitutional entrenched supervisory jurisdiction, jurisdictional error as conclusion, Traynor

17.

Six Differences between Trustees and Company Directors

(2020) 94 Australian Law Journal 254
Number of pages: 4 Posted: 04 May 2021
Mark Leeming
The University of Sydney Law School
Downloads 147 (287,485)

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company director, trustee, different requirements as to unanimity, other differences

18.

Overlapping Claims at Common Law and in Equity – An Embarrassment of Riches?

Journal of Equity, Vol 11, No. 3, pp.229-244, 2017, Sydney Law School Research Paper No. 18/08
Number of pages: 16 Posted: 28 Feb 2018 Last Revised: 24 Nov 2020
Mark Leeming
The University of Sydney Law School
Downloads 142 (295,494)

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Equity, common law, rescission, competition, role of statute, Harold Berman, local courts, Moses v Macferlan

19.

'When You Got Nothing, You Got Nothing to Lose': Assignments of Choses of Action and Standing in the United States Supreme Court

Oxford University Commonwealth Law Journal, Vol. 8, No. 2, pp. 237-244, 2008, Sydney Law School Research Paper No. 09/70
Number of pages: 9 Posted: 28 Jul 2009
Mark Leeming and Greg Tolhurst
The University of Sydney Law School and The University of Sydney Law School
Downloads 133 (310,886)

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Sprint Communications, assignment, chose in action, assignee for collection, standing, Field Code, Judicature legislation, injury in fact, redressability, rhetoric

20.

Equity and Statute: A Commentary

EQUITY AND ADMINISTRATION, P.G.Turner, ed, Cambridge University Press, UK, 2016, Sydney Law School Research Paper No. 16/66
Number of pages: 9 Posted: 13 Aug 2016 Last Revised: 09 Nov 2016
Mark Leeming
The University of Sydney Law School
Downloads 117 (341,343)

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Equity, statute, interaction, unconscionable conduct, unconscionability, AT&T v Concepcion, Dirks, Berbatis

21.

How Long Is Too Long for an Equitable Claim?

Australian Law Journal, Vol. 88, 2014, pp 621-624, Sydney Law School Research Paper No. 19/10
Number of pages: 7 Posted: 27 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 113 (351,896)

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equity, limitation periods, laches, applying statutes of limitation by analogy, concealed fraud, Gerace v Auzhair Supplies

22.

Farah and Its Progeny: Comity among Intermediate Appellate Courts

The Judicial Review, Vol. 12, No. 2, pp. 165-186, 2015, Sydney Law School Research Paper No. 15/17
Number of pages: 23 Posted: 05 Mar 2015 Last Revised: 08 May 2015
Mark Leeming
The University of Sydney Law School
Downloads 107 (363,160)

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Australian legal system, single common law, comity, intermediate appellate courts, precedent

23.

The Comparative Distinctiveness of Equity

Canadian Journal of Comparative and Contemporary Law, Vol. 2, No. 2, pp. 403-420, 2016, Sydney Law School Research Paper No. 16/70
Number of pages: 19 Posted: 12 Aug 2016
Mark Leeming
The University of Sydney Law School
Downloads 106 (365,436)

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Equity, Comparative Law, Foreign Law, Single Common Law, Barnes v Addy, Saunders v Vautier, Judicial Advice

24.

The Subtleties and Complexities of the Evidence Acts, and the Role of Intermediate Courts of Appeal

Australian Bar Review, Vol. 41, No. 1, pp. 13-26, 2015, Sydney Law School Research Paper No. 16/16
Number of pages: 14 Posted: 19 Feb 2016 Last Revised: 25 Nov 2020
Mark Leeming
The University of Sydney Law School
Downloads 104 (370,080)

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Evidence, codification, uniform evidence acts, comity, appellate courts, relationship between statute and common law, Longman discretion, general fairness discretion

25.

The Negative Declaration in Australian and United States Federal Courts

Australian Journal of Administrative Law, Vol. 12, No. 1, pp. 55-63, 2004, Sydney Law School Research Paper No. 07/66
Number of pages: 22 Posted: 08 Nov 2007 Last Revised: 20 Nov 2007
Mark Leeming
The University of Sydney Law School
Downloads 102 (374,931)

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declaration, negative declaration, federal jurisdiction, case or controversy, matter, chancery, federalism, borchard

26.

Statute Law in the Law of Obligations: Dimensions of Form and Substance

M. Leeming, 'Statute Law in the Law of Obligations: Dimensions of Form and Substance' in A. Robertson and J. Goudkamp, "Form and Substance in the Law of Obligations", Hart Publishing, London, UK, 2019, pp. 353-372, Sydney Law School Research Paper No. 19/76
Number of pages: 25 Posted: 06 Dec 2019 Last Revised: 17 Dec 2019
Mark Leeming
The University of Sydney Law School
Downloads 101 (377,389)

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common law systems, interaction of judge made law and statute, form and substance, comparative law, Atiyah, Summers

27.

Hawkesworth's Voyages: The First 'Australian' Copyright Litigation

Australian Journal of Legal History, Vol. 9, No. 2, p. 159, 2005, Sydney Law School Research Paper No. 07/68
Number of pages: 16 Posted: 07 Nov 2007 Last Revised: 27 May 2015
Mark Leeming
The University of Sydney Law School
Downloads 99 (382,336)

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copyright, literary property, chancery practice, chancery records, injunction, national archives

28.

Receipts Clauses and 'Contractual Estoppel' Revisited

Law Quarterly Review Vol. 134, 171-176, 2018, Sydney Law School Research Paper No. 18/26
Number of pages: 8 Posted: 10 May 2018
Mark Leeming
The University of Sydney Law School
Downloads 88 (411,667)

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estoppel, acknowledgement of receipt of payment, different approaches at common law and in equity, so-called contractual estoppel, Prime Sight Ltd v Lavarello [2014] AC 436, Chen v Ng [2017] UKPC 27

29.

Fusion - Fission - Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824 - 1972

M. Leeming, "Fusion-Fission-Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824-1972" in J Goldberg et al (eds), "Equity and Law: Fusion and Fission", Cambridge University Press, 2019, pp. 118-143, Sydney Law School Research Paper No. #19/55
Number of pages: 24 Posted: 30 Aug 2019
Mark Leeming
The University of Sydney Law School
Downloads 87 (414,515)

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Equity, Judicature legislation, fusion fallacy, Francis Forbes, John Walpole Willis, uniform colonial legislation

30.

Judicial Review of Vice-Regal Decisions: South Australia v O'Shea, its Precursors and its Progeny

Adelaide Law Review, Vol. 36, No. 1, pp. 1-22, 2015, Sydney Law School Research Paper No. 15/92
Number of pages: 23 Posted: 19 Oct 2015
Mark Leeming
The University of Sydney Law School
Downloads 84 (423,486)

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Judicial review, vice-regal power, elections, royal commissions, procedural fairness, common law, statute law

31.

Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors

M. Leeming, "Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors" (2018) 92 ALJ 503-508, Sydney Law School Research Paper No. #19/53
Number of pages: 10 Posted: 30 Aug 2019
Mark Leeming
The University of Sydney Law School
Downloads 80 (435,693)

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Trustee's right of indemnity, insolvency, preferred creditors, Re Enhill Pty Ltd, In Re Suco Gold Pty Ltd

32.

'Chameleon-Hued Words': A Note on Discretionary Trusts

Australian Law Journal, Vol. 89, 2015, pp 371-374, Sydney Law School Research Paper No. 19/11
Number of pages: 6 Posted: 28 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 75 (451,890)

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discretionary trusts, absence of legal personality, variety of usages, descriptive rather than normative

33.

Book Review: 'A History of Australian Tort Law 1901-1945: England's Obedient Servant?' by Mark Lunney (Cambridge University Press, 2018)

Australian Bar Review, 48, 2020, pp. 243-248, Leeming, M.,"Book Review: 'A History of Australian Tort Law 1901-1945: England's Obedient Servant?' by Mark Lunney (Cambridge University Press, 2018)'", Sydney Law School Research Paper No. 20/21
Number of pages: 6 Posted: 06 Apr 2020
Mark Leeming
The University of Sydney Law School
Downloads 68 (476,178)

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Australian tort law, legal history, privy council, innovation, local legislation, law in context

34.

Not Slavishly Nor Always - Equity and Limitation Statutes

DEFENCES IN EQUITY, P Davies, S Douglas and J Goudkamp (eds) (Hart Publishing), 2018, Sydney Law School Research Paper No. 18/25
Number of pages: 16 Posted: 10 May 2018
Mark Leeming
The University of Sydney Law School
Downloads 68 (476,178)

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equity, limitation statutes, application by analogy, concealed fraud, interrelationship between statute and equity, analogical reasoning, Cardozo

35.

The Primary Judge in Equity

Australian Law Journal, Vol. 90, 2016, pp 783-788, Sydney Law School Research Paper No. 19/13
Number of pages: 9 Posted: 28 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 66 (483,585)

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equity, fusion, judicature, Willis, Hargraves, Owen, Chief Judge in Equity

36.

Ministerial Override Certificates and the Law/Fact Distinction - A Comparison between Australia and the United Kingdom

The UK Supreme Court Yearbook - Volume 6: Legal Year 2014-2015, D. Clarry, C. Sargeant, eds, Appellate Press Ltd, UK, 2015, Sydney Law School Research Paper No. 16/05
Number of pages: 26 Posted: 08 Jan 2016 Last Revised: 09 Nov 2016
Mark Leeming
The University of Sydney Law School
Downloads 63 (495,300)

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Comparative law, administrative law, R (Evans) v Attorney General, Jones v First Tier Tribunal, ministerial certificate, judicial review, fact/law distinction

37.

'Maintenance in Medieval England'. By Jonathan Rose.

'Cambridge Law Journal', 77:2, 2018, pp. 402-405, Sydney Law School Research Paper No. 18/74
Number of pages: 6 Posted: 13 Nov 2018
Mark Leeming
The University of Sydney Law School
Downloads 59 (511,132)

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Medieval law, maintenance, champerty, livery, AALT archive, plea rolls, Giles v Thompson

38.

The Honourable R P Meagher QC, Classical Law Teacher

(2011) 35 Australian Bar Review 46
Number of pages: 3 Posted: 24 Feb 2021
Mark Leeming
The University of Sydney Law School
Downloads 54 (532,393)

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legal biography, equity, relationship between legal academy and legal practice, textbooks, classical studies

39.

Has the Golden Age of Fraud Passed?

M. Leeming, "Has the Golden Age of Fraud Passed?" (2019) 19 OUCLJ 298, Sydney Law School Research Paper No. 19/75
Number of pages: 10 Posted: 06 Dec 2019
Mark Leeming
The University of Sydney Law School
Downloads 51 (545,897)

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fraud, equity, judgments procured by fraud, finality, Takhar v Gracefield Developments, judicial technique

40.

The Federal and State Courts on Constitutional Law: The 2013 Term

Sydney Law School Research Paper No. 14/18
Number of pages: 24 Posted: 21 Feb 2014
Mark Leeming
The University of Sydney Law School
Downloads 45 (574,745)

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Australia, constitutional law, survey, constitutional implications, incrementalism, Lange, Kable, State constitutional law

41.

Ex Parte Applications for Injunctions: Then and Now

Australian Law Journal, Vol. 87, 2013, pp. 303-305, Sydney Law School Research Paper No. 19/08
Number of pages: 6 Posted: 27 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 38 (612,485)

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ex parte injunction, obligation of candour, usual undertaking, full and frank disclosure, material facts, consequences of breach, form of order

42.

Commentary on 'Seeking Documentary Evidence in Transnational Litigation: Problems and Pitfalls'

INTERNATIONAL COMMERCIAL LAW, LITIGATION AND ARBITRATION, K.E. Lindgren, N. Perram, eds, Ross Parsons Centre of Commercial, Corporate and Taxation Law, Australia, 2011, Sydney Law School Research Paper No. 16/60
Number of pages: 10 Posted: 21 Jul 2016
Mark Leeming
The University of Sydney Law School
Downloads 36 (624,050)

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Transnational litigation, letter of request, discovery, equity, legal history

43.

Injunctions Restraining Enforcement of 'Muslim Ban' Executive Orders

Australian Law Journal, Vol. 91, 2017, pp 443-447, Sydney Law School Research Paper No. 19/14
Number of pages: 6 Posted: 28 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 35 (629,930)

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judicial review, preliminary injunction, High Court original jurisdiction, national injunction

44.

Edmund Barton: ‘The One Man for the Job’ – Book Review

Bar News: Journal of the NSW Bar Association, Vol. 59, 2001, Sydney Law School Research Paper No. 18/39
Number of pages: 3 Posted: 18 Jun 2018
Mark Leeming
The University of Sydney Law School
Downloads 35 (629,930)

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Edmund Barton, book review, Geoffrey Bolton

45.

Marshalling Securities and Construing Releases in Equity

(2019) 93 Australian Law Journal 626
Number of pages: 7 Posted: 04 May 2021
Mark Leeming
The University of Sydney Law School
Downloads 33 (642,155)

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marshalling securities, equity, releases, effect of judicature legislation, Grant v John Grant & Sons

46.

‘Something that Will Appeal to the People at the Hustings’: Paragraph 3 of Section 53 of the Constitution

Public Law Review, Vol. 6, pp. 131-146, 1995, Sydney Law School Research Paper No. 10/59
Number of pages: 14 Posted: 09 Jul 2010
Mark Leeming
The University of Sydney Law School
Downloads 32 (648,537)

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Money bills, proposed charge or burden on the people, Australian Constitution, Senate, Justiciability, Federalism

47.

Penalties in Australia, the United Kingdom and Singapore – Storm-Warnings, Statutes and Style

(2022) 51 Australian Bar Review 377-390
Number of pages: 17 Posted: 27 Sep 2022
Mark Leeming
The University of Sydney Law School
Downloads 31 (655,187)

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comparative law, ancient and modern statutes, equity, penalties, Hamilton, judicial style

48.

Translating Overseas Trusts into the Australian Legal System

Australian Law Journal, Vol. 88, 2014, pp. 169 - 171, Sydney Law School Research Paper No. 19/09
Number of pages: 6 Posted: 28 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 29 (668,920)

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Stiftung, Begünstigter, foreign trusts, Hague Convention, translation of legal terms

49.

Ex parte candour, Solicitors' Liens and Set-Off

Australian Law Journal, Vol 92, pp 22-24, 2018, Sydney Law School Research Paper No. 19/05
Number of pages: 6 Posted: 07 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 24 (706,070)

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ex parte application, solicitors' lien, unliquidated claim

50.

Proprietary Relief and Tracing in Equity

Australian Law Journal, Vol. 90, 2016, pp 92-95, Sydney Law School Research Paper No. 19/12
Number of pages: 7 Posted: 28 Feb 2019
Mark Leeming
The University of Sydney Law School
Downloads 23 (713,941)

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National Crime Agency v. Robb, constructive trust, tracing, mixing, backwards

51.

'The Intricacies of Dicta and Dissent' by Neil Duxbury (Book Review)

(2022) 81(2) Cambridge Law Journal 417-420
Number of pages: 5 Posted: 01 Nov 2022
Mark Leeming
The University of Sydney Law School
Downloads 13 (802,029)

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Duxbury, book review, status and varieties of obiter dicta, reasons for dissent

52.

Justice Basten and the New Frontiers of Administrative Law: Crime, Tort and Contract

(2022) 29 Australian Journal of Administrative Law 92-98
Number of pages: 10 Posted: 23 Sep 2022
Mark Leeming
The University of Sydney Law School
Downloads 10 (832,487)

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John Basten, administrative law, jurisdictional error, significance of academic writing by judges