The Doctor and Student
The Doctor and Student
Podcast Description
'The Doctor and Student: Dialogues on Equity and Trusts' takes you on an engaging journey through equity and trusts with a distinctive Australian edge. Follow Dr Sarah McKibbin and her inquisitive student hosts as they unravel complex legal concepts through conversational dialogue, practical cases, and thoughtful reflection points. From medieval origins to modern applications, this podcast transforms challenging legal material into an accessible audio experience—perfect for law students, practising lawyers, or anyone curious about how equity shapes our legal system today.
Podcast Insights
Content Themes
The podcast focuses on key areas of equity and trusts law, such as fiduciary obligations, estoppel, and unconscionable conduct. Specific episodes explore themes like breaches of fiduciary duty and remedies, the historical evolution of equity, and the distinct principles guiding equitable decision-making, including landmark cases that illustrate these doctrines.
‘The Doctor and Student: Dialogues on Equity and Trusts’ takes you on an engaging journey through equity and trusts with a distinctive Australian edge. Follow Dr Sarah McKibbin and her inquisitive student hosts as they unravel complex legal concepts through conversational dialogue, practical cases, and thoughtful reflection points. From medieval origins to modern applications, this podcast transforms challenging legal material into an accessible audio experience—perfect for law students, practising lawyers, or anyone curious about how equity shapes our legal system today.
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
Disclaimer
This podcast’s information is provided for general reference and was obtained from publicly accessible sources. The Podcast Collaborative neither produces nor verifies the content, accuracy, or suitability of this podcast. Views and opinions belong solely to the podcast creators and guests.
For a complete disclaimer, please see our Full Disclaimer on the archive page. The Podcast Collaborative bears no responsibility for the podcast’s themes, language, or overall content. Listener discretion is advised. Read our Terms of Use and Privacy Policy for more details.