|
Equitable Interest
In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary". The equitable interest is a right in equity that may be protected by an equitable remedy. This concept exists only in systems influenced by the common law (as opposed to civil law) tradition, such as New Zealand, England, Canada, Australia, and the United States. Equity Equity is a concept of rights distinct from legal (that is, common law) rights; it is (or, at least, it originated as) "the body of principles constituting what is fair and right (natural law)".Black's Law Dictionary. Second Pocket Edition. p. 241. 2001 West Group. Bryan A. Garner (editor in chief) It was "the system of law or body of principles originating in the English Court of Chancery and superseding the common and s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Title
In property law, title is an intangible construct representing a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyancing, Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from Possession (law), possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example Adverse possession, squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording (real estate), recording provide public notice of ownership information. ''Possession (law), Possession'' is the actual holding of a thing, whether or not one has any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, refers to anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility for the benefit of another. A trustee can also be a person who is allowed to do certain tasks but not able to gain income.''Black's Law Dictionary, Fifth Edition'' (1979), p. 1357, . Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government. A trust can be set up either to benefit particular persons or for any charitable purposes (but not generally for non-charitable purposes): typical examples are a will trust for the testator's children and family, a pension trust (to confer bene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latec Investments Ltd V Hotel Terrigal Pty Ltd
''Latec Investments Ltd v Hotel Terrigal Pty Ltd''. is a 1965 property law decision of the High Court of Australia. It contains a discussion of the principles upon which the priority of competing equitable interests in land is to be determined. Facts Latec was the mortgagee of land owned by Hotel Terrigal. Hotel Terrigal fell into arrears in repaying the loan and Latec, purporting to exercise its mortgagee’s power of sale, sold the property. It conducted an auction on an unfavourable day of the week with little time for proper advertisement (to make sure that the property could not be sold at the auction). The highest bid was 58,000 and later Latec sold the property to its wholly owned subsidiary, Southern Hotels for 60,000. Southern became the registered proprietor. Subsequently, Southern granted a floating charge over all its assets as security for the debenture issued to the public to the trustee of the debenture holders, MLC Nominee. The prospectuses for the debenture ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keith Aickin
Sir Keith Arthur Aickin (1 February 1916 – 18 June 1982) was an Australian judge who served on the High Court of Australia from 1976 until his death in 1982. He had previously been a prominent barrister. Early life and education Aickin was born in Malvern East, Melbourne, the younger son of James Lee Aickin, a schoolmaster from Ireland, and his Victorian-born wife Edith Clarabel, ''née'' Knight. Keith Aickin was educated at Melbourne Grammar School and the University of Melbourne, where he graduated with a Bachelor of Laws with Honours and later a Master of Laws. He received the Supreme Court of Victoria's Prize in Law, and numerous other prizes and exhibitions. On 17 April 1952, Aickin married Elizabeth May Gullett at St John's Anglican Church, Toorak. Career From 1939 to 1941, Aickin worked as an associate to High Court Justice (later Chief Justice) Owen Dixon. From 1942 to 1944, Aickin served as part of the Australian legation to Washington, D.C. (predecessor of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Default Law
{{not to be confused with, Default (law) In legal theory, a default rule is a rule of law that can be overridden by a contract, trust, will, or other legally effective agreement. Contract law, for example, can be divided into two kinds of rules: ''default rules'' and ''mandatory rules.'' Whereas the ''default rules'' can be modified by agreement of the parties, ''mandatory rules'' will be enforced, even if the parties to a contract attempt to override or modify them. One of the most important debates in contract theory concerns the proper role or purpose of default rules. The idea of a default rule in contract law is sometimes connected to the notion of a complete contract. In contract theory, a complete contract fully specifies the rights and duties of the parties to the contract for all possible future states of the world. An incomplete contract, therefore, contains gaps. Most contract theorists find that default rules fill in the gaps in what would otherwise be incomplete ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obligation
An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, religious, and possibly in terms of politics, where obligations are requirements which must be fulfilled. These are generally legal obligations, which can incur a penalty for non-fulfilment, although certain people are obliged to carry out certain actions for other reasons as well, whether as a tradition or for social reasons. Obligations vary from person to person: for example, a person holding a political office will generally have far more obligations than an average adult citizen, who themselves will have more obligations than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of ' ("first") and ' ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. The similar ''ex facie'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
