The Federation Press

Proprietary Claims and Remedies

Overview

Professor Cope, author of Australia’s leading work on constructive trusts, turns his attention to a major problem area for practitioners working in fields of bankruptcy and insolvency - the nature of equitable proprietary claims, the range of such remedies and the rules and presumptions developed for tracing.

The first half of his new book is devoted to analysis of these issues, highlighting the effect of claims and the prerequisites for their successful establishment, particularly as regards pre-existing interests and a fiduciary relationship.

The second half of the book is devoted to tracing and tracing problems at both common law and equity, particularly the equitable rules and presumptions developed to identify the subject matter of a remedy and to identify value in unmixed and mixed property.

Table of Contents

Introduction

Proprietary Claims and Remedies

The context of bankruptcy and insolvency
A proprietary interest as a pre-requisite for a proprietary claim
The establishment of an equitable proprietary base
A fiduciary relationship as a pre-requisite for an equitable proprietary claim
The priority of equitable proprietary claims
The equitable proprietary remedies and defences to equitable proprietary claims

Proprietary Claims and Tracing: The Identification of Value in Substitutions

Tracing as an exercise in the identification of value in substitutes
Tracing and the identification of value in substitutions at common law
Tracing and the identification of value in substitutions in equity
Tracing and the identification of value in unmixed and mixed property
Tracing, the innocent volunteer and the identification of value in mixed property

Conclusion

Table of Cases
Table of Statutes
Bibliography
Index

Of interest...