The Law of Tracing

The law of tracing determines when one right stands in the place of another for the purposes of certain legal or equitable claims. It is one of the most important and practical, yet underdeveloped and misunderstood, areas of law. It is particularly relevant when making out equitable proprietary claims in the context of civil fraud, insolvency, and breaches of trust.

Topics that will be covered:

• Tracing fundamentals: what is tracing, and the distinction between legal and equitable proprietary rights
• Equitable tracing: the prerequisites, the mixing rules, and the “lowest intermediate balance” rule
• Recent developments: the decision of the New South Wales Court of Appeal in Caron v Jahani (No 2) [2020] NSWCA 117

Who should attend?

All commercial dispute resolution lawyers, in-house counsel and their clients.

PRESENTERS

Jaamae is a talented commercial and public law barrister. He recently returned to Australia from the University of Oxford where he completed his Bachelor of Civil Law (with Distinction).

Jordan English (Lecturer, University of Oxford)

We warmly welcome our guest speaker who currently teaches contracts and trusts at the University of Oxford, having also taught land law, tort law and commercial remedies and restitution of unjust enrichment. Jordan’s DPhil is on the discharge of contractual obligations, his other research concerns all areas of private law. Before going to Oxford, Jordan studied at the University of Queensland, was a solicitor at an international law firm and was Associate to Justice James Edelman at the High Court of Australia.

The speakers are the authors of the book ‘The Law of Tracing’ forthcoming in December 2021 from Federation Press.

The webinar was hosted by Bianca Kabel.

VENUE

Webinar