Episode 8: Equitable Interests and Priorities

Dr 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 postponing conduct, the better equity doctrine, and the role of notice shape outcomes in priority disputes.

Unpack the special rules for beneficiaries under trusts and how Torrens title interacts with equitable principles — especially through exceptions like fraud and the in personam doctrine.

⚖️ Perfect for: Law students grappling with equitable classifications, lawyers navigating property disputes, and anyone with an intellectual curiosity

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