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Tracing (Chapter 21) - Equity and Trusts in Australia
https://www.cambridge.org/core/books/equity-and-trusts-in-australia/tracing/5465435C7EBC7AE30439F6F74E3F5745
Tracing is not a remedy. It is the process of identifying a new asset as the substitute for the old. Its relevance to equity and trusts can be illustrated by the following example. Suppose a trustee misappropriates $10 000 and pays it into his personal account, which had previously been $20 000 in credit. He later withdraws $25 000 to buy a car.
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.
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.
Equitable Flexibility in Australia: Reshaping Our Workforce
https://www.bain.com/insights/equitable-flexibility-in-australia-reshaping-our-workforce/
To revitalise and strengthen the Australian economy, we need to leverage all of the nation’s talent. Equitable flexibility will be one of the keys that unlocks our resilience and our potential. When companies weigh the …
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 …
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).
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.
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
Australia People Tracing - No Trace No Fee - Skip Tracing
https://www.ccsnationwide.com/products-and-services/international-tracing/australia/
Australia Long Lost Relatives Tracing. There are around 1.3 million people of British ancestry residing in Australia and our expert people tracing service agents locate beneficiaries, heirs and executors who have left the UK. These are just a few reasons why our clients use our Australia People Tracing Services.
The Law of Tracing - Federation Press
https://federationpress.com.au/product/the-law-of-tracing/
The book provides a complete treatment of the law in Australia and England. In explaining the law, the book also engages with a number of controversies that have arisen as a result of recent cases and academic work. ... The authors explain how, in certain circumstances, equitable tracing can be used in support of actions for money had and ...
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