Katy Barnett, Melbourne Law School, and Lynne Barnett have posted "Equity’s Darling" and the Burwood Ejectment Case: A Turning Point in Colonial Australian Law, which appeared in Australian Law Journal:
The Burwood Ejectment case arose when the ad hoc executor and trustee of a will in early colonial Sydney sold off Burwood Estate to meet the testator's debts, after receiving a court order empowering him to do so. Twenty years later, the testator's de facto wife and children successfully voided the sale. The purchaser was ejected, notwithstanding the fact that he was a bona fide purchaser for value without notice. The decision undermined confidence in security of transactions in the Colony and created a political furore and ongoing disputes. It is suggested that the case was a contributing factor to the creation of the Judge in Equity in New South Wales and illustrates broader issues with security of title and the political and legal organisation of early colonial Australia.
--Dan Ernst
