Principles of equity and trusts

This fourth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner.This new edition includes a discussion of new developments in knowing receipt constructive trusts, resulting trusts, charitable trusts, injunctions, equitable recission and forfeiture. All chapters have been fully revised, with significant new analysis in a range of chapters including those dealing with the relationship between common law and equity, fiduciary obligations and certainty rules for the creation of trusts.New case discussions in this edition include:Stack v Dowden (2007) (the House of Lords considering the presumptive application of resulting trusts in domestic de facto relationships);Trustees of the Property of Cummins (a bankrupt) v Cummins [2006] (the High Court considering the presumptive application of purchase money resulting trusts in a marriage relationship);Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) (the High Court considering the scope and application of knowing receipt constructive trusts);Twinsectra v Yardley [2002] and Barlow Clowes International Ltd (in liq) v Eurotrust International [2006] 1 All ER 477 ( the House of Lords considering the dishonesty test relevant to knowing assistance constructive trusts) and Commissioner of Taxation v Word Investment Ltd [2006] (the Federal Court considering the scope of the charitable purpose test).This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive and up to date style.

Empirical applications of economic principles in producer price index analysis

The research analyses economic linkages of producer price indices of the construction industry in Australia and relationships between construction and house prices. A range of econometric techniques are applied to analyse construction and house prices. The economic equilibrium and dynamic relationships among regional markets are investigated based on producer price index analysis.

Statutory verification of water rights: the 'insuperable' difficulties of propertising water entitlements

The abolition of riparian entitlements in the early stages of colonial Australia and the vesting of these rights in the Crown represented a turning point for the evolution of private water rights. The extinguishment of common law rights connected to vested land interests and the introduction of new, unaligned statutory entitlements provided a new and fundamentally different system for the creation and regulation of private water entitlements. Unlike riparian entitlements, in the absence of express definition, statutory water entitlements may only be verified as property where such a construction is consistent with the nature and scope of the entitlement. In this respect, the statutory framework has disaggregated the propertisation of water rights from land ownership and linked the process to broader statutory interpretation principles. The shift away from institutional property has generated concerns about the interpretive approaches appropriate for the verification of legislative water entitlements. This article examines the existing interpretive approaches and argues that the blurring of the propertisation process with the separate issue of whether any change or modification of such water rights attracts s 51(xxxi) of the Commonwealth Constitution has produced a situation where core property indicia is increasingly overshadowed by legislative defeasibility. In the recent High Court decision of ICM Agriculture Pty Ltd v Commonwealth, the focus of the majority judgements upon the inherent susceptibility of legislative entitlements to variation or extinguishment acted as a catalyst for the non-propertisation of statutory bore water licences in New South Wales. The emphasis the majority judgements gave to legislative defeasibility precluded a full and balanced assessment of other highly relevant property indicia, in particular the expectation interests of the holders. Conflating property and constitutional evaluation in this way is inappropriate in an era where entitlements to natural resource interests are increasingly statute based and the verification process has significant social and economic repercussions. Determining whether a statutory entitlement constitutes property requires a careful balancing of legislative intent, social and environmental context and individual expectation and the vicissitudes of a regulatory context should not eclipse this process.

Conflict of interest in policing : problems, practices, and principles

Examines conflict of interest across the private and public realm of the everyday lives of police officers. Outlines how the problem is an important aspect of police ethics, arguing that recognition of, and accountability for, conflict of interest may be a significant element in preventing police misconduct and corruption

Contextualisation of international development principles to difficult contexts: a case study of Myanmar

Myanmar is a poor developing country with significant humanitarian needs, but international assistance is limited and restricted due to the political situation. Analysis of new primary data collected through interviews both within Myanmar and across the region sheds light on the implementation of principles of best-practice by International Non-Government Organisations (INGOs) operating within the country. This data highlights the adaptations INGOs make to widely-held development principles, ideas and approaches in order to become effective in this context. Forty-seven interviews were conducted with key individuals from INGOs, UN organisations and local NGOs. As there is no definitive list of best-practice principles for project-based INGO development interventions, a list is compiled from responses during the interviews. The adaptations made by INGOs to the context of Myanmar are discussed in terms of the way they work with civil society, NGOs, donors and officials (partnerships, capacity building, advocacy, rights-based approach and accountability), and the way they work in local communities (participation, equity, sustainability, active citizenry, and context sensitivity).

Advancing architecture ecologies : energy principles in nature and urban systems

The search for a coherent approach to optimising the delivery of sustainable development has moved from rhetoric to reality, shaped by international drivers such as the UN Millennium Development Goal and the UN 'Decade of Education for sustainable development 2005- 2014'. Emphasis has been recently placed by Governmental bodies on creativity and innovation as a way to promote and sustain the social, cultural and economic well-being. This has led to, amongst other things, the development of a series of new initiatives to promote sustainable development. There is still a lack of understanding of the impacts of sustainability on architecture and their associated and interrelated ecologies because, at least in part, there is no significant joined up thinking regarding the implications of sustainability across the whole design, implementation and operation processes. There is a considerable challenge to ensure integration, cross-fertilisation and dissemination to provide meaningful outputs from the vast array of ecological systems with their differing structures. This paper explores the processes rather than products of ecological systems and possibilities for a credible integral system that guide sustainable development and advance architecture ecologies. The paper traces back the roots of the divorce between architecture profession and technology and highlights the importance of reaching back to the true meanings of Techne as key to develop integral sustainable systems. The paper underlines the energy principles that construct ecological principles and provide explanation of how such systems can be interpreted in the built environment. Enriching ecological culture is not a physical development or a large expensive projects but rather in a coherent and focused efforts by a group of professionals, academics, and practitioners with multi disciplinary talents to build a complex and multi facets of integral systems and ideas.

The principles of learning and teaching (PoLT)

In Victoria, Australia, under the Blueprint agenda, The Principles of Learning and Teaching (Department of Education and Training, 2005) are being used to operationalise pedagogical change and curriculum renewal. The University of Melbourne is one of the three contracted providers and in 2005 and 2006 has supported 450 teachers from state, independent and special schools in Victoria and 70 teachers in Singapore. The paper outlines the workings of the model and illustrates how through a deeper and renewed focus on pedagogy schools are being asked to examine and change their practice for all students. One benefit of the initiative is that special schools are an integral part of the cluster network and are reconsidering their role in school renewal and systems transformation more broadly. However the regime of pedagogical renewal must be understood as part of the past and the present, multiple transgressions and intense struggles in reform practices more broadly. None the least being the persistent stratification of schooling into special and regular in the Victorian context and professional learning being constructed as weak professional socialization. Working visually and reading intertextually undoing some of the problematics of the implementation process the challenges of system wide professional learning and curriculum reform are exposed.