Dr 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 Trusts Act 2025, representing the most significant modernisation of trust law in over 50 years, with enhanced beneficiary protections and mandatory trustee duties.

⚖️ Perfect for: Law students tackling trust classifications, lawyers handling family or commercial trust disputes, and professionals navigating the intersection of trust law with other legal frameworks.

📻 Credits

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

Dr 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 that adapt to changing circumstances.

Through practical examples and clear explanations, understand why trusts have become cornerstones of Australian legal practice—and why the fiduciary relationship at their heart represents one of law's highest standards of care.

⚖️ Perfect for: Law students beginning trust law studies, lawyers advising on family wealth structures, and professionals wanting to understand how superannuation and investment trusts actually work.

📻 Credits

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

Dr 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 of Barnes v Addy, examining when non-fiduciaries can be held accountable for 'knowing receipt' or 'knowing assistance' in breaches.

Through cases spanning centuries—from 1874 (Barnes v Addy) to today—understand how these ancient principles continue to evolve to address contemporary commercial challenges.

⚖️ Perfect for: Law students preparing for equity exams, practitioners dealing with fiduciary claims, and professionals wanting to understand the serious consequences of breaching duties of trust.

📻 Credits

Host & Producer: Dr Sarah McKibbin, University of Southern Queensland

Student Co-Hosts: Matt Acheson and Katie Forsythe

Audio Production & Sound Design: Ben Meares