IECL Lunchtime Seminar: "Control of Trustee Discretion - Historical and Comparative Considerations"

Matthew Conaglen, University of Sydney Law School

This presentation is of a research project – which is very much a work in progress at this stage – that is concerned with identifying the origins and current content of the doctrines that control the exercise of discretionary powers by trustees in Australian law.  This involves comparison with the doctrines that govern such powers in English law, as well as consideration of the historical development of those doctrines in earlier English law.  The presentation will focus more on the comparative material, but will also mention some particular points on which the historical material is relevant to that comparative analysis.