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Equitable remedies for elder financial abuse in inter vivos transactions

Cockburn, Tina & Hamilton, Barbara (2011) Equitable remedies for elder financial abuse in inter vivos transactions. The Queensland Lawyer, 31(2).

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Abstract

Elder law is a growing area of legal practice due to the increasing numbers and proportions of older people in Australian society. The older generation has greater access to financial resources by way of retirement capital than ever before. Coupled with the current generation’s high level of debt and an increasing dependence on inheritances to meet these debts, this has created an environment in which the potential for elder financial abuse is increasing. This article examines how equitable remedies can be used as an avenue of redress for elder financial abuse. The effectiveness of these remedies, and in particular the prospect of a costs order being awarded against the perpetrator of the abuse in successful claims, may act as a deterrent and assist in preventing elder financial abuse from occurring.

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ID Code: 45773
Item Type: Journal Article
Keywords: elder financial abuse, equitable remedies
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Equity and Trusts Law (180112)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2011 Please consult the authors.
Deposited On: 09 Sep 2011 12:01
Last Modified: 10 Sep 2011 13:19

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