ARTICLE · 29 DECEMBER 2020

[Podcast] The law of tracing

Level Twenty Seven Chambers

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The law of tracing is relevant with equitable proprietary claims in civil fraud, insolvency, and breaches of trust.

AustraliaLitigation, Mediation & Arbitration

Mohammud Jaamae Hafeez-Baig

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5:30 pm on Thursday 17th December, 2020

What did the seminar cover?

The law of tracing determines when one rights 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

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