Episode 9: Equitable Assignments

Dr 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 consideration. Understand how equity balances substance over form, and why the rule in Dearle v Hall can upend expectations in priority disputes.

Whether you're navigating Torrens title, contractual rights, or equitable interests under a trust, this episode offers a practical framework for analysing assignments and their enforceability.

⚖️ Perfect for: Law students mastering property law, lawyers handling commercial transactions, and anyone curious about equity.

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