Katy Barnett is a Professor at Melbourne Law School with extensive publications in private law and remedies law. Her PhD on accounts of profit for breach of contract was published as a monograph in 2012. She is also a co-author of 'Remedies in Australian Private Law' with Dr Sirko Harder. She has been a visiting scholar at Brasenose College, Oxford as part of the Melbourne-Oxford Faculty Exchange. Her teaching reflects her research interests. In 2016 she received the Barbara Falk Award for excellence in teaching.
The role of protectors, guardians and other third-party officers is not well-explored in Australi... more The role of protectors, guardians and other third-party officers is not well-explored in Australian case law. This article seeks to provide guidance for Australian practitioners, with reference to overseas case law, as cases involving these roles will become increasingly prominent in future years. The article discusses the definition of “protector”, the nature of different powers, the fiduciary aspects of the role and the possibility that a court may find a trust to be illusory, or “look through” the trust. The advantages and disadvantages of protectors are canvassed along with tips for drafters of trust deeds.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolf... more This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it wo...
Contents: 1. Introduction and Synopsis 2. Inventing an Equitable Doctrine 3. Privacy and Publicit... more Contents: 1. Introduction and Synopsis 2. Inventing an Equitable Doctrine 3. Privacy and Publicity in Early Victorian Britain 4. Secrecy and Late Victorian Markets for Information 5. The Forgotten Years of Breach of Confidence 6. Searching for Balance in the Employment Relationship 7. Revival of an 'Ancient Doctrine' 8. Epilogue: The Reinvention of Tradition Appendix: Digest of Nineteenth Century Cases Index
The role of protectors, guardians and other third-party officers is not well-explored in Australi... more The role of protectors, guardians and other third-party officers is not well-explored in Australian case law. This article seeks to provide guidance for Australian practitioners, with reference to overseas case law, as cases involving these roles will become increasingly prominent in future years. The article discusses the definition of “protector”, the nature of different powers, the fiduciary aspects of the role and the possibility that a court may find a trust to be illusory, or “look through” the trust. The advantages and disadvantages of protectors are canvassed along with tips for drafters of trust deeds.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolf... more This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it wo...
Contents: 1. Introduction and Synopsis 2. Inventing an Equitable Doctrine 3. Privacy and Publicit... more Contents: 1. Introduction and Synopsis 2. Inventing an Equitable Doctrine 3. Privacy and Publicity in Early Victorian Britain 4. Secrecy and Late Victorian Markets for Information 5. The Forgotten Years of Breach of Confidence 6. Searching for Balance in the Employment Relationship 7. Revival of an 'Ancient Doctrine' 8. Epilogue: The Reinvention of Tradition Appendix: Digest of Nineteenth Century Cases Index
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Papers by Katy Barnett
future years. The article discusses the definition of “protector”, the nature of different powers, the fiduciary aspects of the role and the possibility that a court may find a trust to be illusory, or “look through” the trust. The advantages and disadvantages of protectors are canvassed
along with tips for drafters of trust deeds.
future years. The article discusses the definition of “protector”, the nature of different powers, the fiduciary aspects of the role and the possibility that a court may find a trust to be illusory, or “look through” the trust. The advantages and disadvantages of protectors are canvassed
along with tips for drafters of trust deeds.