Episode 1: The Nature and Historical Origins of Equity

Welcome 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 system
• Medieval origins: Journey back to Henry II's England and discover how the rigid writ system created gaps that only the Chancellor's court of conscience could fill
• The birth of trusts: Learn how the medieval 'use' evolved into the modern trust through clever legal workarounds and the Statute of Uses 1535
• Epic legal battles: Witness the dramatic clash between Lord Ellesmere and Sir Edward Coke that shaped the relationship between equity and common law forever
• Key principles: Understand why equity acts 'in personam' and what it means to be a court of conscience

Perfect for law students, legal practitioners, or anyone curious about how our legal system developed its distinctive approach to fairness and justice. Episodes include pause points for reflection and are designed to be accessible whether you're commuting, exercising, or studying.

Key points

• Duration: 28:26
• Content: Suitable for legal education and professional development
• Format: Educational dialogue with historical examples and case studies

Subscribe to follow our complete journey through equity and trusts law, with new episodes exploring estoppel, fiduciary duties, and trust principles.

Hosted by Dr Sarah McKibbin with student co-host Jennifer Beaumont

Produced by Dr Sarah McKibbin for the University of Southern Queensland

Post-production editing by Ben Meares