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Queensland Lawyer



Volume 27, Number 4, February 2007



Published: Mon, 05 Feb 2007 15:09:23 EST

 



CONVEYANCING AND PROPERTY LAW -- Bill Dixon

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007



Waiver of statutory requirements: Property Agents and Motor Dealers Act 2000 (Qld)

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.173



TORT LAW -- Amanda Stickley

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007



Dederer, diving injuries and occupiers' liability for obvious risks

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.175



ARTICLE

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007



The doctrine of unconscionable bargains in equity: Potent sword for estate lawyers

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.180
The decision in Wittman v Wittman [2006] QSC 142 clearly illustrates the difference between the doctrine of unconscionable bargains and the doctrine of undue influence in equity. Wittman reinforces the High Court's decision in Bridgewater v Leahy (1998) 194 CLR 457 in making clear that the doctrine of unconscionable bargains is a potent tool for estate lawyers in setting aside "murky" transactions entered into prior to death after death for the benefit of the estate. This is particularly so since the recognition of "emotional dependence" as a special disability within the terms of the unconscionable bargains doctrine. This article also illustrates the difference between the equitable doctrine of undue influence and the doctrine of undue influence in estate cases. This article suggests equitable doctrines should be applied in estate cases as the burden of proof with the estate doctrine means it is practically unenforceable.



BOOK REVIEWS -- Judge Alan Wilson SC

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.188



REPORTS -- Federal Magistrate Michael Jarrett

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007



Taylor v Lanyon (Criminal law)

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.192



Phoenix Project Development Pty Ltd v On Hing Pty Ltd (Contracts)

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.213



On Hing Pty Ltd v Phoenix Project Development Pty Ltd (Contracts)

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.216



Williamson v ING Life Ltd (Procedure)

Mon, 05 Feb 2007 15:09:23 EST

Volume 27, Number 4, February 2007 p.219