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The Transformation of Equitable Tracing
https://law.unimelb.edu.au/centres/obligations-group/events/past-events/2019/the-transformation-of-equitable-tracing
The law of tracing grew alongside trust and fiduciary law and both were bound together in their formative years. As trust and fiduciary law were settled into strict rules, equitable interests came to be seen as a right or property, since their protections were broadly the same. Accordingly, tracing came to be seen as based in property too.
Tracing (Chapter 21) - Equity and Trusts in Australia
https://www.cambridge.org/core/books/equity-and-trusts-in-australia/tracing/5465435C7EBC7AE30439F6F74E3F5745
Tracing enables the beneficiaries to identify how the chose in action representing the trust money came to be substituted by a car. The tracing rules also determine how much of the beneficiaries’ money remains in the trustee's bank account and how much is represented by an interest in the car. What is traced is not the trust property.
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
Equitable tracing: the need for a fiduciary relationship. This insight is not going to consider the judicial and academic criticism of the requirement for a fiduciary relationship which appears to have no logical justification and its requirement “depends on authority rather than principle” (see Agip (Africa) Ltd v Jackson[1990] Ch 265 at 290A).
UNDERSTANDING TRACING RULES
http://classic.austlii.edu.au/au/journals/QUTLawRw/2016/9.pdf
For the last two centuries the judiciary in England, the United States, Australia, New Zealand and Canada has developed a law of tracing and imbued it with a considerable structure of rules. But the judiciary has never enunciated the assumptions, or normative premises, upon which the law of tracing has been built.
8. Australian remedies: misappropriation and other defaults
https://www.alrc.gov.au/publication/legal-risk-in-international-transactions-alrc-report-80/8-australian-remedies-misappropriation-and-other-defaults/
Tracing in equity 8.30 Tracing’ refers to the equitable principle of following property misappropriated as it is mixed with other property or passes from one party to another. Tracing is ancillary to most equitable proprietary remedies with the exception of the equitable lien. The courts will only identify funds by way of tracing where
Equitable tracing | Practical Law
https://uk.practicallaw.thomsonreuters.com/9-100-5441?contextData=(sc.Default)
Equitable tracing. There could be no equitable tracing of trust money paid into an overdrawn bank account. Traced property had to be identifiable at all relevant times. However, in certain circumstances it might be possible to identify, a misappropriation of trust money with the acquistion of a particular asset and this could result in the creation of an equitable charge over …
Contributions of Equity and Trust in Australia
https://www.lawteacher.net/free-law-essays/equity-law/contributions-of-equity-and-trust-in-australia-equity-law-essay.php
Australia’s non-statutory laws are divided into two facets – Equity and Common Law. The Common Law primarily protects the rights of citizen in a unifying common law all over the country (Cannon , 2008) English Common Law was brought to Australia upon the British colonizing years, during their settlement in New South Whales in the year 1788 and was later …
An Australian overview to Asset Tracing | Lander & Rogers
https://www.landers.com.au/legal-insights-news/an-australian-overview-to-asset-tracing
Tracing is the process by which the original owner of property can identify assets physically retained or registered in the name of another party, because of some kind of misappropriation or misuse of property. Australian courts provide a number of remedies to recover money or personal property that is wrongly in the hands of a third party.
The Law of Tracing
https://majyycc6gq45iho22noysn13-wpengine.netdna-ssl.com/wp-content/uploads/2020/11/The-Law-of-Tracing.pdf
>> Equitable Tracing: Prerequisites •Conclusion: •Australian authority is against the requirement for a fiduciary relationship in all cases. •However, there must be an “equitableproprietary right” or a fiduciary duty in relation to the property: •Re French Caledonia Travel (2003) 59 …
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or its proceeds. Tracing allows transmission of legal …
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