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2025-08-2800 min
The Doctor and StudentEpisode 9: Equitable AssignmentsDr 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 co...
2025-07-2526 minThe Doctor and StudentEpisode 13: Constitution, Formalities and ValidityDr 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 condi...
2025-07-2131 minThe Doctor and StudentEpisode 12: The Three Certainties and Practical ConsiderationsDr 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...
2025-07-2149 minThe Doctor and StudentEpisode 8: Equitable Interests and PrioritiesDr Sarah McKibbin demystifies the complex world of equitable interests and priorities in property law, guiding listeners through the nuanced hierarchy of equitable rights — from equitable interests to mere equities and personal equities.Explore how equity distinguishes between legal and beneficial ownership, and why this matters when disputes arise. Through analogies and real-world examples, discover how equity protects rights that the common law might overlook.Dive into landmark cases like Latec Investments v Hotel Terrigal and Commissioner of Stamp Duties (Qld) v Livingston to understand how courts classify and prioritise competing claims. Learn how concepts like po...
2025-07-2142 min
The ImperfectionistAlt & Authentic: RockNRollMama_x on Influence, Identity & Finding Her PeopleSarah-Louise McKibbin who you might know as @rocknrollmama_x on Instagram joins Carla for her first podcast appearance, so we’re honoured! Carla and Sarah-Louise chat about her transition from traditional jobs to becoming a full-time content creator, the importance of honouring your own style, finding your people and the misconceptions surrounding being an alternative fashion girlie! Follow @rocknrollmama_x on InstagramThe Imperfectionist is a GoLoud original.Presented by Carla Piera FitzGerald and produced by Claire O'DowdIf you have ever felt 'not good enough' or struggled with neg...
2025-07-081h 05The Doctor and StudentEpisode 11: Trust Applications and ClassificationsDr Sarah McKibbin brings trust law to life through the High Court case of Byrnes v Kendle—where an ordinary couple's property arrangements demonstrate how trust principles operate when relationships break down. Explore five major trust applications shaping Australian society: family wealth management, business structures, collective investments, testamentary arrangements, and charitable purposes.Master essential trust classifications from express, resulting, and constructive trusts to the Quistclose trust. Learn to distinguish trusts from agency, debt, and charges—distinctions that can mean the difference between recovery and loss in insolvency situations.Get an exclusive preview of Queensland's new Trus...
2025-07-0743 minThe Doctor and StudentEpisode 10: Introduction to Trusts — Foundations and StructureDr Sarah McKibbin begins an essential new module exploring trusts—equity's most versatile and far-reaching creation. Starting from medieval origins, this episode builds your understanding of what makes trusts unique: the remarkable separation of legal and beneficial ownership that touches everything from your superannuation to complex commercial structures.Discover the four essential building blocks that create every valid trust, meet the key players in trust relationships (trustees, beneficiaries, settlors, and appointors), and explore how trusts can be created through declaration or transfer. Navigate different trust structures including discretionary family trusts, fixed interest arrangements, and sophisticated hybrid models th...
2025-07-0726 minThe Doctor and StudentEpisode 7: Breaches of Fiduciary Duty and RemediesDr Sarah McKibbin continues the fiduciary obligations discussion with her two enthusiastic co-host students—Katie Forsythe and Matt Acheson—diving into what happens when fiduciaries breach their duties of loyalty. This episode examines the strict liability that can arise from conflicts of interest, unauthorised profits, and 'double character' situations—even when the fiduciary acts honestly and causes no harm.Explore the limited defences available to fiduciaries, from fully informed consent to contractual variations, and discover equity's powerful remedial arsenal: accounts of profits, equitable compensation, constructive trusts, and more. The discussion extends to third-party liability through the two limbs...
2025-06-2630 minThe Doctor and StudentEpisode 6: Understanding Fiduciary RelationshipsDr Sarah McKibbin is joined by two enthusiastic students—Katie Forsythe and Matt Acheson—to explore one of equity's most distinctive areas—fiduciary obligations. This episode unpacks what makes a relationship 'fiduciary', examining both traditional categories like solicitor-client and director-company relationships, and how courts identify fiduciary duties in new contexts.Through landmark cases including Maguire v Makaronis, Chan v Zacharia, and Boardman v Phipps (an English case with a fascinating Toowoomba connection!), discover why equity imposes such strict duties on those in positions of trust. Learn about the 'no-profit' and 'no-conflict' rules, the prophylactic nature of fiduciary obliga...
2025-06-2636 minThe Doctor and StudentEpisode 5: Estoppel in Equity (Special Solo Edition)A special solo lecture by Dr Sarah McKibbin, recorded to ensure students have the essential material while our regular dialogue episode is still in production.Sarah takes you on a journey through one of equity's most practical doctrines — estoppel. Starting with the story of David Stone, who worked a farm for 23 years based on a promise of inheritance, this lecture explores when and why the law holds people to their promises even without a contract.This narrative lecture weaves together:Why William Money couldn't rely on a promise of debt forgiveness in the 1840s, an...
2025-06-0215 minThe Doctor and StudentEpisode 4: Unconscionable Conduct and Undue InfluenceJoin Dr Sarah McKibbin and student co-host Katie Forsythe as they navigate the practical application of equity through two powerful doctrines that protect vulnerable parties from exploitation and overreaching.This episode examines:The crucial distinction: Learn how unconscionable conduct targets exploitation of special disadvantage while undue influence focuses on overborne will — with guidance from the High Court's decision in Thorne v KennedyThe Amadio case: Follow the heartbreaking story of elderly Italian migrants misled into unlimited liability while their son's company maintained a 'façade of prosperity'Special disadvantage: Understand what vulnerabilities equity protects from limited English and old...
2025-06-0235 minThe Doctor and StudentEpisode 3: Modern Equity and Its MaximsIn this concluding episode of Module 1, Dr Sarah McKibbin and student co-host Jennifer Beaumont tackle the ongoing debates that shape modern equity and introduce the timeless principles that guide equitable decision-making.This episode explores:The fusion debate: Are equity and the common law truly separate streams, or should they blend? Discover why this 150-year-old question still matters in today's courtsThe fusion fallacy: Learn why Australian courts reject New Zealand's more integrated approach, and what this means for legal practiceModern applications: See equity's maxims in action through contemporary cases such as X v Twitter, Black Uhlans, and...
2025-05-2233 minThe Doctor and StudentEpisode 2: The Development of Equity Through Conflict and ReformJoin Dr Sarah McKibbin and student co-host Jennifer Beaumont as they continue their journey through equity's fascinating evolution, exploring how a medieval court system transformed into the modern legal framework we know today.This episode examines:Chancery's lasting legacy: Discover how innovations like discovery, written testimony, and trials by judge alone still shape modern litigationThe three-pronged jurisdiction: Understand how Chancery's exclusive, concurrent, and auxiliary jurisdictions operated alongside common law courtsA broken system: Experience the frustration of 19th-century litigants navigating multiple courts with conflicting procedures, immortalised in Dickens' Bleak HouseRevolutionary reform: Witness the most...
2025-05-2232 minThe Doctor and StudentEpisode 1: The Nature and Historical Origins of EquityWelcome to the inaugural episode of 'The Doctor and Student: Dialogues on Equity and Trusts' — a podcast exploration of equity and trusts with a decidedly Australian flavour.Join Dr Sarah McKibbin and student host Jennifer Beaumont as they unpack one of law's most fascinating subjects through engaging dialogue and historical storytelling. This first episode lays the essential foundations for understanding equity by exploring:What makes equity distinct: Why equity is like a 'half-baked cake' compared to common law, and the four key ways to understand equity's role in our legal systemMedieval origins: Journey ba...
2025-05-2228 minThe Doctor and StudentEpisode 0: Meet Your GuideWelcome to our new podcast series exploring the fascinating world of equity and trusts with a decidedly Australian flavour. In this inaugural episode, Dr Sarah McKibbin from the University of Southern Queensland introduces the series structure, explains how to get the most from each episode, and outlines what listeners can expect across 12 comprehensive modules.The series covers equity's foundational principles and dedicates extensive coverage to trusts—equity's most distinctive contribution to our legal system. Over half the course explores various aspects of trusts, from their creation and the role of trustees to charitable trusts an...
2025-05-2209 min
Patrick Boyle On FinanceHow Would Mass Deportations Affect the US Economy?
Donald Trump has promised to conduct “the largest deportation effort in American history,” no matter what it costs—but the price tag may be bigger than expected.
In today's video we look at a history of US border control and the economic costs of deporting more than six percent of the US workforce while the US workforce ages.
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2025-01-1529 min
Poetry worth hearingPoetry Worth Hearing: Episode 25This episode is an election special, and has for its theme, 'political', however our poets have wished to interpret that. There are poems on war, displacement of people, oppression, violence against women, inequality and injustice, commodification and capital and the environment
There are poems from Jenny Lewis, Rachael Clyne, Claire Cox, Pat Winslow, Jacob Mckibbin, Carl Tomlinson, Heather Moulson, Richard Price, Diana Bell, Caroline Jackson Houlston and Sarah Watkinson. In addition, there is an interview with poet, historian and peace campaigner, Rip Bulkeley who talks about politics in his own poetry and in the two political anthologies...
2024-06-281h 02
Selden Society lecture series AustraliaSir Charles Lilley and the Grimley AffairSir Charles Lilley (1827–97) was a towering figure in politics and law in colonial Queensland, but his final years were dogged by controversy. In October 1892, Sir Charles announced his intention to resign as second Chief Justice of the Supreme Court of Queensland (1879–93). The catalyst was his behaviour throughout the 57-day civil trial of Queensland Investment and Land Mortgage Co Ltd v Grimley. Leading up to his resignation, Sir Charles increasingly eschewed norms of judicial detachment. Grimley was the final straw. This lecture examines the Grimley affair and considers the extent to which, along with his behaviour in other proceedin...
2024-03-1153 min
SANDCAST: Beach Volleyball with Tri Bourne and Travis MewhirterThe Wilson roundtable show with Stafford Slick, the McKibbin Brothers, and Tri BourneThe idea for this episode of SANDCAST: Beach volleyball with Tri Bourne and Travis Mewhirter came, as most do, on a whim.
Tri had been talking to Wilson, our main sponsor of the show and who also sponsors some of the most talented athletes on the AVP. Wilson wanted to know if we could do a roundtable of sorts: All seven Wilson athletes – Tri Bourne, Stafford Slick, Riley McKibbin, Madison McKibbin, Casey Patterson, Kelly Reeves, Sarah Sponcil, Irene Pollock – on a single podcast. Adding in my voice as a host of the show, making it eight in tota...
2020-06-031h 02
Tweet of the DayKathy Hinde on the Pink-footed GooseAudio-visual artist Kathy Hinde enjoys the sounds of a flock of Pink-footed Geese as they take to the air. Producer: Sarah Blunt
Photograph: Tom Mckibbin.
2018-01-1601 min