The Doctor and Student

Dr Sarah McKibbin returns to unpack the nuanced world of equitable assignments: how rights and interests in property are transferred when legal formalities fall short. Explore the distinction between legal and equitable assignments and discover how equity steps in to facilitate transfers of present and future property. Learn why intention is key, and how equity’s flexibility allows for assignments...

Dr Sarah McKibbin completes the journey through express trust creation by exploring the final hurdles: complete constitution, legal formalities, and vitiating factors that can invalidate even well-drafted trusts. Learn why transferring property to a trustee is more than a formality, and how cases like  Milroy v Lord  and  Corin v Patton  shape the rules around proper constitution. Discover the fas...

Dr Sarah McKibbin unpacks the foundational requirements for creating a valid express trust — certainty of intention, subject matter, and objects — through a blend of legal theory, practical insight, and case analysis. Explore how courts determine whether a trust was truly intended, even when formal documentation is lacking. Learn why vague language like 'in fullest confidence' may not be e...

Dr Sarah McKibbin demystifies the complex world of equitable interests and priorities in property law, guiding listeners through the nuanced hierarchy of equitable rights — from equitable interests to mere equities and personal equities. Explore how equity distinguishes between legal and beneficial ownership, and why this matters when disputes arise. Through analogies and real-world examples, disc...

Dr Sarah McKibbin brings trust law to life through the High Court case of Byrnes v Kendle —where an ordinary couple's property arrangements demonstrate how trust principles operate when relationships break down. Explore five major trust applications shaping Australian society: family wealth management, business structures, collective investments, testamentary arrangements, and charitable purpo...

Dr Sarah McKibbin begins an essential new module exploring trusts—equity's most versatile and far-reaching creation. Starting from medieval origins, this episode builds your understanding of what makes trusts unique: the remarkable separation of legal and beneficial ownership that touches everything from your superannuation to complex commercial structures. Discover the four essential building...

Dr Sarah McKibbin continues the fiduciary obligations discussion with her two enthusiastic co-host students—Katie Forsythe and Matt Acheson—diving into what happens when fiduciaries breach their duties of loyalty. This episode examines the strict liability that can arise from conflicts of interest, unauthorised profits, and 'double character' situations—even when the fiduciary acts honestl...

Dr Sarah McKibbin is joined by two enthusiastic students—Katie Forsythe and Matt Acheson—to explore one of equity's most distinctive areas— fiduciary obligations . This episode unpacks what makes a relationship 'fiduciary', examining both traditional categories like solicitor-client and director-company relationships, and how courts identify fiduciary duties in new contexts. Through la...

A special solo lecture by Dr Sarah McKibbin, recorded to ensure students have the essential material while our regular dialogue episode is still in production. Sarah takes you on a journey through one of equity's most practical doctrines — estoppel. Starting with the story of David Stone, who worked a farm for 23 years based on a promise of inheritance, this lecture explores when and why the l...

Join Dr Sarah McKibbin and student co-host Katie Forsythe as they navigate the practical application of equity through two powerful doctrines that protect vulnerable parties from exploitation and overreaching. This episode examines: The crucial distinction: Learn how unconscionable conduct targets exploitation of special disadvantage while undue influence focuses on overborne will — with guidance...

In this concluding episode of Module 1, Dr Sarah McKibbin and student co-host Jennifer Beaumont tackle the ongoing debates that shape modern equity and introduce the timeless principles that guide equitable decision-making. This episode explores: The fusion debate : Are equity and the common law truly separate streams, or should they blend? Discover why this 150-year-old question still matters in...

Join Dr Sarah McKibbin and student co-host Jennifer Beaumont as they continue their journey through equity's fascinating evolution, exploring how a medieval court system transformed into the modern legal framework we know today. This episode examines: Chancery's lasting legacy : Discover how innovations like discovery, written testimony, and trials by judge alone still shape modern litigation The...

Welcome to the inaugural episode of 'The Doctor and Student: Dialogues on Equity and Trusts' — a podcast exploration of equity and trusts with a decidedly Australian flavour. Join Dr Sarah McKibbin and student host Jennifer Beaumont as they unpack one of law's most fascinating subjects through engaging dialogue and historical storytelling. This first episode lays the essential foundati...

Welcome to our new podcast series exploring the fascinating world of equity and trusts with a decidedly Australian flavour. In this inaugural episode, Dr Sarah McKibbin from the University of Southern Queensland introduces the series structure, explains how to get the most from each episode, and outlines what listeners can expect across 12 comprehensive modules. The series covers equity's foun...