The Law of Tracing

Jordan English, Mohammud Jaamae Hafeez-Baig (Autoren)

Buch | Hardcover

320 Seiten

2021
Federation Press (Verlag)
978-1-76002-306-5 (ISBN)

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The Law of Tracing determines when one right stands in place of another for the purposes of certain personal or proprietary claims. It is an important part of the law of property and trusts, and the law of remedies. This book aims to provide a comprehensive account of the law of tracing. It offers clear answers to fundamental questions such as what is tracing? and does tracing create new rights?, while also explaining in detail the tracing rules and the application of those rules in hard cases. 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. Each issue is analysed from first principles and from authority, making the book a useful tool for anyone advising on cases involving tracing, teaching the law of tracing, or wishing to better understand the subject.

Mohammud Jaamae Hafeez-Baig is a barrister at Level Twenty Seven Chambers in Brisbane. He maintains a commercial and public law practice encompassing equity and trusts, civil fraud and asset recovery claims, contract law, administrative law, corporations law, consumer law, insolvency, and succession law. Prior to coming to the Bar, Jaamae was the Associate to the Hon Justice Patrick Keane AC at the High Court of Australia, and an Associate to the Hon Justice John Bond and the Hon Justice Peter Lyons at the Supreme Court of Queensland.Jaamae writes on topics spanning private and commercial law. He is a co-author of The Law of Tracing (Federation Press, 2021), and is a member of the author team for the LexisNexis loose leaf service, Civil Procedure Queensland. He holds a Bachelor of Laws (Hons I, University Medal) and a Master of Laws from the University of Queensland, and a Bachelor of Civil Law (Dist) from the University of Oxford (Magdalen College). Jordan English is a Stipendiary Lecturer in Law at St Hilda's College Oxford, and from October 2021 will take up a Supernumerary Teaching Fellowship in Law at St John's College, Oxford. He teaches all areas of private law, including contract, land, and trusts at an undergraduate level and commercial remedies and restitution of unjust enrichment at the postgraduate level.Before coming to Oxford, Jordan worked as a solicitor at King & Wood Mallesons and as an Associate to the Hon Justice James Edelman at the High Court of Australia. He holds a Bachelor of Laws (Hons I, University Medal) and a Bachelor of Commerce (Accounting) from the University of Queensland, and a Bachelor of Civil Law (Dist) from the University of Oxford (Magdalen College). Jordan is currently completing a DPhil in Law at the University of Oxford (Magdalen College).Jordan is a proud Aboriginal man from Queensland. He is committed to increasing Indigenous representation in the law, being a role model for other Indigenous Australians, and positively influencing the perspectives of non-Indigenous Australians.

Chapter 1 - What Is Tracing? Chapter 2 - Why Does Tracing Create New Rights? Chapter 3 - The Case Against Common Law Tracing Chapter 4 - Common Law Tracing Rules Chapter 5 - Pre-requisites to Equitable Tracing Chapter 6 - Equitable Tracing Rules Chapter 7 - Equitable Tracing - Hard Cases Chapter 8 - Bars to Tracing

Erscheinungsdatum	22.07.2021
Verlagsort	Annandale, NSW
Sprache	englisch
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht
ISBN-10	1-76002-306-X / 176002306X
ISBN-13	978-1-76002-306-5 / 9781760023065
Zustand	Neuware