Category Archives: Equity

Equity, LAW FIRM, Property Law, Taxation

Norman v Federal Commissioner of Taxation [1963] HCA 21

ON 25 JULY 1963, the High Court of Australia delivered Norman v Federal Commissioner of Taxation [1963] HCA 21; (1963) 109 CLR 9 (25 July 1963).

http://www.austlii.edu.au/au/cases/cth/HCA/1963/21.html

A husband had voluntarily assigned to his wife the right to company dividends and interest on a debt payable at will. The court held that the dividends and interest were future property not capable of being assigned for consideration and were therefore to be assessed as taxable income of the husband.

Assignment is “the immediate transfer of an existing proprietary right, vested or contingent, from the assignor to the assignee” per Windeyer J at 26.

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Sydney, Australia

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Contract, Equity, LAW FIRM

Yerkey v Jones [1939] HCA 3

ON 6 MARCH 1939, the High Court of Australia delivered Yerkey v Jones [1939] HCA 3; (1939) 63 CLR 649 (6 March 1939).

http://www.austlii.edu.au/au/cases/cth/HCA/1939/3.html

Yerkey v Jones provides that: (1) a wife may have a guarantee set aside if the consent was obtained by undue influence, unless she received independent advice (at 649, per Dixon J); and (2) a wife has a prima facie right to have a guarantee set aside if she failed to understand the effect of the guarantee or its significance, unless steps were taken by the lender to inform the wife of such matters (at 683, per Dixon J).

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Sydney, Australia

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Courts and Tribunals, Equity, LAW FIRM, United Kingdom

1873 | Judicature Act 1873

ON 1 NOVEMBER 1873, the United Kingdom Supreme Court of Judicature Act 1873 commenced.

http://www.parliament.uk/about/living-heritage/transformingsociety/laworder/court/overview/judicatureacts/

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Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer

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Contract, Criminal Law, Equity, Evidence, LAW FIRM, Law reform, Legislation, Property Law, United Kingdom, Wills and Probate

Statute of Frauds 1677

ON 16 APRIL 1677, the English Parliament enacted the Statute of Frauds 1677.

This Act required certain dealings with real property, sale of goods, estates, trusts and marriage be reduced to writing and signed in order to avoid fraud or perjury.

The provisions of the Act have since been incorporated into many pieces of legislation around the common law world.