Mark Leeming

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

24

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CITATIONS

1

Scholarly Papers (24)

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 594 (28,028)
Citation 1

Abstract:

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: 28 Feb 2010
Mark Leeming
The University of Sydney Law School
Downloads 417 (42,003)

Abstract:

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

3.

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 224 (80,792)

Abstract:

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

4.

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: 24 Posted: 17 Dec 2011
Mark Leeming
The University of Sydney Law School
Downloads 216 (85,369)

Abstract:

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

5.

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 200 (118,683)

Abstract:

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

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 147 (135,162)

Abstract:

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

7.

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 113 (177,729)

Abstract:

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

8.

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: 27 Posted: 08 Nov 2007 Last Revised: 28 Nov 2007
Mark Leeming
The University of Sydney Law School
Downloads 113 (184,412)

Abstract:

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

9.

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: 11 Posted: 11 May 2010 Last Revised: 12 May 2010
Mark Leeming
The University of Sydney Law School
Downloads 106 (176,674)

Abstract:

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

10.

'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 98 (209,734)

Abstract:

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

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: 22 Posted: 08 Nov 2007 Last Revised: 20 Nov 2007
Mark Leeming
The University of Sydney Law School
Downloads 90 (213,959)

Abstract:

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

12.

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 68 (253,939)

Abstract:

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

13.

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 67 (252,072)

Abstract:

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

14.

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 45 (288,114)

Abstract:

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

15.

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 29 (366,663)

Abstract:

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

16.

‘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 22 (402,980)

Abstract:

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

17.

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 0 (339,976)

Abstract:

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

18.

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 0 (259,831)

Abstract:

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

19.

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 0 (453,252)

Abstract:

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

20.

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: 15 Posted: 15 Jun 2016
Mark Leeming
The University of Sydney Law School
Downloads 0 (432,669)

Abstract:

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

21.

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: 19 Posted: 19 Feb 2016
Mark Leeming
The University of Sydney Law School
Downloads 0 (346,372)

Abstract:

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

22.

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 0 (330,897)

Abstract:

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

23.

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 0 (385,629)

Abstract:

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

24.

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: 26 Posted: 19 Oct 2015 Last Revised: 04 Nov 2015
Mark Leeming
The University of Sydney Law School
Downloads 0 (244,612)

Abstract:

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