Mark Leeming

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

45

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Scholarly Papers (45)

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 1,134 (20,439)

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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: 28 Feb 2010
Mark Leeming
The University of Sydney Law School
Downloads 757 (36,527)

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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: 24 Posted: 17 Dec 2011
Mark Leeming
The University of Sydney Law School
Downloads 486 (64,879)

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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 382 (86,438)

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

5.

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 265 (129,206)
Citation 1

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

6.

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 238 (143,894)

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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

7.

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 193 (175,359)

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

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: 11 Posted: 11 May 2010 Last Revised: 12 May 2010
Mark Leeming
The University of Sydney Law School
Downloads 181 (185,700)

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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 172 (194,163)

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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: 26 Posted: 19 Oct 2015 Last Revised: 04 Nov 2015
Mark Leeming
The University of Sydney Law School
Downloads 163 (203,280)

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

11.

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 160 (206,567)

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

12.

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 158 (208,746)

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

13.

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 128 (247,231)

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

14.

'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 121 (257,895)

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

15.

‘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 115 (267,610)

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

16.

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: 19 Posted: 28 Feb 2018
Mark Leeming
The University of Sydney Law School
Downloads 114 (269,250)

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

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 103 (289,050)

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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 100 (294,866)

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

19.

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 99 (296,746)

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

20.

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 92 (311,105)

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

21.

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 88 (319,830)

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

22.

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 86 (324,438)

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

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 73 (357,221)

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

24.

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 69 (368,282)

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

25.

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 67 (374,169)

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

26.

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 57 (405,846)

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

27.

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 55 (412,688)

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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

28.

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 54 (416,022)

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

29.

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 49 (434,121)

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

30.

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 48 (437,868)

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

31.

'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 47 (441,804)

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

32.

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 47 (441,804)

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

33.

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 46 (445,683)

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

34.

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 46 (445,683)

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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

35.

'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 43 (457,867)

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

36.

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 41 (466,186)

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

37.

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 33 (502,734)

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

38.

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 31 (512,772)

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

39.

‘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 30 (518,013)

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

40.

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 28 (528,978)

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Edmund Barton, book review, Geoffrey Bolton

41.

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 22 (565,414)

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

42.

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 22 (565,414)

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

43.

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 20 (578,351)

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

44.

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 20 (578,351)

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ex parte application, solicitors' lien, unliquidated claim

45.

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 16 (604,661)

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