Dr Sarah McKibbin returns to unpack the nuanced world of equitable assignments: how rights and interests in property are transferred when legal formalities fall short.

Explore the distinction between legal and equitable assignments and discover how equity steps in to facilitate transfers of present and future property. Learn why intention is key, and how equity’s flexibility allows for assignments that the common law might reject.

Through cases such as Norman v FCT, Milroy v Lord, and Corin v Patton, delve into the rules governing voluntary gifts, assignments of future interests, and the critical role of consideration. Understand how equity balances substance over form, and why the rule in Dearle v Hall can upend expectations in priority disputes.

Whether you're navigating Torrens title, contractual rights, or equitable interests under a trust, this episode offers a practical framework for analysing assignments and their enforceability.

⚖️ Perfect for: Law students mastering property law, lawyers handling commercial transactions, and anyone curious about equity.

📻 Credits
Host & Producer: Dr Sarah McKibbin, University of Southern Queensland
Audio Production & Sound Design: Ben Meares

Dr Sarah McKibbin completes the journey through express trust creation by exploring the final hurdles: complete constitution, legal formalities, and vitiating factors that can invalidate even well-drafted trusts.

Learn why transferring property to a trustee is more than a formality, and how cases like Milroy v Lord and Corin v Patton shape the rules around proper constitution. Discover the fascinating world of secret trusts — where informal promises can override formal wills — and how courts prevent fraud while upholding testamentary freedom.

Uncover the legal and policy reasons why some trusts fail: from attempts to defraud creditors to conditions that violate public policy, such as religious coercion in Ebbeck. Understand how the rule against perpetuities has evolved in Queensland, and what the new 125-year vesting period means for modern trust planning.

⚖️ Perfect for: Lawyers and students seeking an entry-level understanding of trust validity and the practical challenges of trust administration.

📻 Credits
Host & Producer: Dr Sarah McKibbin, University of Southern Queensland
Audio Production & Sound Design: Ben Meares

Dr Sarah McKibbin unpacks the foundational requirements for creating a valid express trust — certainty of intention, subject matter, and objects — through a blend of legal theory, practical insight, and case analysis.

Explore how courts determine whether a trust was truly intended, even when formal documentation is lacking. Learn why vague language like 'in fullest confidence' may not be enough, and how modern courts apply an objective test to assess trust intention, as seen in Byrnes v Kendle.

Delve into the challenges of defining trust property, especially with fungible assets like shares, and how courts balance legal precision with commercial reality. Discover how the law distinguishes between fixed and discretionary trusts, and why identifying beneficiaries with certainty is crucial for enforceability.

⚖️ Perfect for: Law students mastering trust creation, legal professionals drafting or litigating trust deeds, and anyone interested in how equity balances formality with fairness.

📻 Credits
Host & Producer: Dr Sarah McKibbin, University of Southern Queensland
Audio Production & Sound Design: Ben Meares