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The Doctor and Student

The Doctor and Student

著者: Sarah McKibbin
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'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.Sarah McKibbin 教育
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  • Episode 5: Estoppel in Equity (Special Solo Edition)
    2025/06/02

    A special solo lecture by Dr Sarah McKibbin, recorded to ensure students have the essential material while our regular dialogue episode is still in production.

    Sarah takes you on a journey through one of equity's most practical doctrines — estoppel. Starting with the story of David Stone, who worked a farm for 23 years based on a promise of inheritance, this lecture explores when and why the law holds people to their promises even without a contract.

    This narrative lecture weaves together:

    • Why William Money couldn't rely on a promise of debt forgiveness in the 1840s, and how that revealed a crucial gap in the law
    • The wartime promise that launched promissory estoppel (and why Denning J's most important words were technically just 'obiter')
    • How the Mahers' demolished building in Nowra changed Australian law forever
    • The human story behind Kramer v Stone — substandard housing, holes in the roof, and a third of average wages for decades
    • Why the High Court's 2024 decision in Kramer matters: when is a promise itself enough?
    • Justice Gleeson's powerful dissent in Kramer and what it reveals about ongoing tensions in the law
    • The difference between standing by silently (acquiescence) and making promises (encouragement) — and why it matters
    • When courts award money versus making promises come true


    Note: This solo lecture was recorded to support student learning while our regular conversational episode is being produced. The full episode with our student co-host will explore these themes through dialogue and additional examples.

    Key points

    • Duration: 15:06
    • Format: Narrative journey through estoppel's development
    • Focus: Making complex doctrine accessible through stories and clear explanation
    • Essential listening before classes on equitable estoppel


    Produced by Dr Sarah McKibbin for the University of Southern Queensland

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    15 分
  • Episode 4: Unconscionable Conduct and Undue Influence
    2025/06/02

    Join Dr Sarah McKibbin and student co-host Katie Forsythe as they navigate the practical application of equity through two powerful doctrines that protect vulnerable parties from exploitation and overreaching.

    This episode examines:

    • The crucial distinction: Learn how unconscionable conduct targets exploitation of special disadvantage while undue influence focuses on overborne will — with guidance from the High Court's decision in Thorne v Kennedy
    • The Amadio case: Follow the heartbreaking story of elderly Italian migrants misled into unlimited liability while their son's company maintained a 'façade of prosperity'
    • Special disadvantage: Understand what vulnerabilities equity protects from limited English and old age to illness, poverty, and lack of education
    • Categories of influence: Navigate the classification systems from actual versus presumed influence to modern understandings of proof methods
    • Protected relationships: Explore presumed relationships including solicitor-client, doctor-patient, and religious adviser-disciple through vivid cases
    • Real-world tragedy: Witness how equity responds when relationships cross boundaries, from elderly 'Rocker' relegated to a tent to the scandalous Bar-Mordecai case
    • Third party implications: Discover when banks and other institutions can be caught by another's undue influence
    • Rebutting presumptions: Learn what constitutes meaningful independent advice and when even emphatic legal warnings aren't enough


    Perfect for understanding how equity intervenes to ensure fairness in transactions beyond mere legal compliance. The episode transforms abstract principles into practical tools for recognising and addressing exploitation in professional practice.


    Key points

    • Duration: 35:43
    • Content: Suitable for legal education and professional development
    • Format: Educational dialogue with landmark Australian case studies


    Hosted by Dr Sarah McKibbin with student co-host, Katie ForsytheProduced by Dr Sarah McKibbin for the University of Southern QueenslandPost-production editing by Michael Fleming

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    36 分
  • Episode 3: Modern Equity and Its Maxims
    2025/05/22

    In this concluding episode of Module 1, Dr Sarah McKibbin and student co-host Jennifer Beaumont tackle the ongoing debates that shape modern equity and introduce the timeless principles that guide equitable decision-making.

    This episode explores:

    • The fusion debate: Are equity and the common law truly separate streams, or should they blend? Discover why this 150-year-old question still matters in today's courts
    • The fusion fallacy: Learn why Australian courts reject New Zealand's more integrated approach, and what this means for legal practice
    • Modern applications: See equity's maxims in action through contemporary cases such as X v Twitter, Black Uhlans, and Maguire v Makaronis
    • Course roadmap: Preview how the historical foundations connect to upcoming topics: estoppel, fiduciary duties, trusts, and equitable remedies
    • Guiding principles: Master the equitable maxims that can be used as thinking tools: 'equity acts in personam', 'clean hands', and 'equity will not suffer a wrong without a remedy'
    • Practical wisdom: Understand why these ancient principles arguably remain relevant for modern legal problems

    This episode bridges historical understanding with contemporary practice, preparing you for advanced study of specific equitable doctrines.

    Key points

    • Duration: 33:49
    • Content: Suitable for legal education and professional development
    • Format: Educational dialogue with modern case examples and practical applications


    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

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    34 分

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