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Professor Jessica Palmer

Dean

BCom/LLB(Hons) (Auck), LLM (Cantab), LLM (Auck)

2 Jessica Palmer web

Jessica’s research interests lie in the law of obligations, restitution, equity and commercial law. Her current teaching includes Contract Law, Commercial Equity and Sales and Insurance Law.

Jessica joined the Otago University Law Faculty in 2005. She has received university teaching awards and national writing awards for her research. She was appointed to the Reference Panel of the New Zealand Law Commission’s Review of the Law of Trusts (2010-2013). In 2015, she won the University of Otago Rowheath Trust Award and Carl Smith Medal for outstanding scholarly research achievement across all disciplines.
Most recently, her research has been concerned with claims that many trusts used today ought to be disregarded because too much power rests in one party who may treat the trust assets as its own. Her publications have been influential on the approach taken by courts to these allegations in New Zealand and New South Wales. For example, two of her articles on sham trusts and the control of express trusts have been heavily relied on by the New Zealand Court of Appeal in cases that have attracted much attention for trust and matrimonial property lawyers (Clayton v Clayton [2015] NZCA 30; Official Assignee v Wilson [2008] NZLR 45). A Court of Appeal judge and New Zealand Law Commissioner has cited her work as an example of the important contribution academic lawyers can make to the development of law (G Hammond, “Judges and Academics in New Zealand” (2013) 25 NZULR 681 at 690).

Jessica is an author in two leading textbooks in New Zealand on the law of trusts and on civil remedies (A Butler (ed) Equity and Trusts in New Zealand (2nd ed) Wellington, Thomson Reuters (2009; P Blanchard (ed) Civil Remedies in New Zealand (2nd ed) Wellington, Thomson Reuters (2011)). She is also a contributing editor to the New Zealand Law Review on Equity and Restitution.

Jessica has previously worked in a large commercial law firm in New Zealand and as a Judges’ Clerk at the Auckland High Court. She also tutored in Equity at the University of Auckland. In 2004 she won the New Zealand Law Foundation Ethel Benjamin Prize enabling her to read for an LLM at Cambridge University. Jessica is a Fellow of the Cambridge Commonwealth Society and a Leonard Cowling Scholar at Sidney Sussex College, Cambridge.

Research Interests

The law of obligations, Restitution, equity and commercial law

Contact

Tel: +64 3 479 8800
Office: 9th Floor - 9C17
Email: jessica.palmer@otago.ac.nz

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Publications

Palmer, J., Peart, N., Briggs, M., & Henaghan, M. (Eds.). (2017). Law and policy in modern family finance: Property division in the 21st century. Cambridge, UK: Intersentia, 420p.

Palmer, J., & Rickett, C. (2017). The revolution and legacy of the discretionary trust. Journal of Equity, 11, 157-184.

Palmer, J. (2016). Unjust enrichment, proprietary subrogation and unsatisfactory explanations. Singapore Academy of Law Journal, 28, 955-983.

Palmer, J. (2016). Implications of the new rule against penalties. Victoria University of Wellington Law Review, 47(2), 305-326.

Palmer, J., & Peart, N. (2015). Clayton v Clayton: A step too far? New Zealand Family Law Journal, 8(6), 114-120.

Edited Book - Research

Palmer, J., Peart, N., Briggs, M., & Henaghan, M. (Eds.). (2017). Law and policy in modern family finance: Property division in the 21st century. Cambridge, UK: Intersentia, 420p.

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Chapter in Book - Research

Palmer, J. (2014). Access to justice for consumers. In K. Tokeley (Ed.), Consumer law in New Zealand. (2nd ed.) (pp. 495-523). Wellington, New Zealand: LexisNexis.

Griffiths, S., & Palmer, J. (2013). Sham, tax avoidance, and a GAAR: A New Zealand perspective. In E. Simpson & M. Stewart (Eds.), Sham transactions. (pp. 228-242). Oxford University Press.

Rickett, C., & Palmer, J. (2011). Restitutionary remedies. In P. Blanchard (Ed.), Civil remedies in New Zealand. (2nd ed.) (pp. 383-422). Wellington, New Zealand: Brookers.

Rickett, C., & Palmer, J. (2011). Proprietary remedies. In P. Blanchard (Ed.), Civil remedies in New Zealand. (2nd ed.) (pp. 423-458). Wellington, New Zealand: Brookers.

Palmer, J. (2010). Remedies for breach of fiduciary duty in joint ventures. In J. Berryman & R. Bigwood (Eds.), The law of remedies: New directions in the common law. (pp. 547-574). Toronto, Canada: Irwin Law.

Palmer, J. (2009). Sham trusts. In A. S. Butler (Ed.), Equity and trusts in New Zealand. (2nd ed.) (pp. 393-413). Wellington, New Zealand: Thomson Reuters.

Palmer, J. (2009). Restitution. In A. S. Butler (Ed.), Equity and trusts in New Zealand. (2nd ed.) (pp. 1227-1248). Wellington, New Zealand: Thomson Reuters.

Palmer, J. (2009). Resulting trusts. In A. S. Butler (Ed.), Equity and trusts in New Zealand. (2nd ed.) (pp. 307-333). Wellington, New Zealand: Thomson Reuters.

Palmer, J. (2009). Constructive trusts. In A. S. Butler (Ed.), Equity and trusts in New Zealand. (2nd ed.) (pp. 335-365). Wellington, New Zealand: Thomson Reuters.

Palmer, J., & Rickett, C. (2008). Joint ventures and fiduciary law. In M. Chetwin & P. A. Joseph (Eds.), Joint ventures law. (pp. 81-93). Christchurch, New Zealand: Centre for Commercial & Corporate Law, School of Law, University of Canterbury.

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Journal - Research Article

Palmer, J., & Rickett, C. (2017). The revolution and legacy of the discretionary trust. Journal of Equity, 11, 157-184.

Palmer, J. (2016). Restitution. New Zealand Law Review, 2, 435-457.

Palmer, J. (2016). Implications of the new rule against penalties. Victoria University of Wellington Law Review, 47(2), 305-326.

Palmer, J. (2016). Unjust enrichment, proprietary subrogation and unsatisfactory explanations. Singapore Academy of Law Journal, 28, 955-983.

Palmer, J. (2015). Equity and trusts. New Zealand Law Review, 1, 141-169.

Palmer, J., & Peart, N. (2015). Clayton v Clayton: A step too far? New Zealand Family Law Journal, 8(6), 114-120.

Palmer, J., & Geddis, A. (2012). What was that thing you said? The NZ Supreme Court's vexing Vector Gas decision. University of Queensland Law Journal, 31(2), 287-305.

Palmer, J., & Peart, N. (2011). Trust principles overlooked. New Zealand Law Journal, (December), 423-426.

Palmer, J. (2011). Controlling the trust. Otago Law Review, 12(3), 473-496.

Palmer, J. (2010). Theories of the trust and what they might mean for beneficiary rights to information. New Zealand Law Review, 541-565.

Rickett, C., & Palmer, J. (2010). Trusts jurisprudence in the High Court. New Zealand Law Journal, 9, 353-360.

Palmer, J. (2010). Attempting clarification of constructive trusts. New Zealand Universities Law Review, 24(1), 113-135.

Palmer, J. (2007). Dealing with the emerging popularity of sham trusts. New Zealand Law Review, 81-112.

Palmer, J. (2006). Understanding the director's fiduciary obligation. New Zealand Business Law Quarterly, 12(4), 315-335.

Palmer, J. (2005). Chasing a will-o'-the-wisp? Making sense of bad faith and wrongdoers in change of position. Restitution Law Review, 13, 53-81.

Palmer, J. (2004). The availability of allowances in equity: Rewarding the bad guy. New Zealand Universities Law Review, 21(1), 146-172.

Rickett, J. (2001). Disgorgement for breach of contract: My loss, your gain? Te Mata Koi Auckland University Law Review, 9(2), 375-403.

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Journal - Research Other

Palmer, J. (2008). What makes a trust a sham? New Zealand Law Journal, (September), 319-320.

Palmer, J. (2005). Twinsectra: Overruled or clarified? New Zealand Law Journal, (December), 410-412.

Palmer, J. (2005). The Privy Council on being (dis)honest about dishonest assistance. University of Queensland Law Journal, 24(2), 539-544.

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