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Associate Professor Fiona Burns

Profile

Degrees
BA(Hons) LLB(Hons) LLM Sydney LLM Camb PhD ANU

Academic Interests
Equity, Property, Legal History, Restitution, Succession and Elder Law

Publications

Book chapters

  • Burns, F, ‘Clogs on the Equity of Redemption: A Story of Changing Equitable Intervention’ in J Glister & P Ridge (eds), Fault Lines in Equity, Hart Publishing: Oxford (2012) 45-72
  • Burns, F, "Reverse Mortgages in Australia: An Exercise in Sustainability?" in P Carruthers, S Mascher & N Skead (eds), Property and Sustainability: Selected Essays, Thomson Reuters: Pyrmont (2011) 239-285
  • Burns, F, "Court Imposed Easements in the Australian Torrens System: Are the Rights of Servient Owners Adequately Protected?" in L Moses, B Edgeworth & C Sherry (eds), Property and Security: Selected Essays, Lawbook Co.: Sydney (2010) 217-248
  • Burns, F, "Easements and Servitudes created by Implied Grant, Implied Reservation or Prescription and Title-By-Registration Systems" in M Dixon (ed), Modern Studies in Property Law Volume 5, Hart Publishing: Oxford (2009) 61-97
  • Burns, F & Stuckey-Clarke, J, "Declarations" in P Parkinson (ed), The Principles of Equity (2nd Edition), Lawbook Co: Sydney (2003), 889-912.

Journal articles

  • Burns, F, 'Surviving spouses, surviving children and the reform of total intestacy law in England and Scotland: Past, present and future’ (2013) 33(1) Legal Studies 85-118
  • Burns, F, 'Intestacy Law in Australia, England and Singapore - Another Aid to Social Sustainability in an Ageing Population?' (2012) Singapore Journal of Legal Studies 366-390
  • Burns, F, ‘Adverse Possession and Title-By-Registration Systems in Australia and England’ (2011) 35(3) Melbourne University Law Review 773-820
  • Burns, F, 'Mortgages, seniors and the common law contractual doctrine of mental incapacity in Australia' (2011) 34(2) International Journal of Law and Psychiatry 79-93
  • Burns, F, ‘Implied Easements and the Integrity of the Torrens System’ (2009) 21(2) Bond Law Review 1-26.
  • Burns, F, 'Book Review: Gale on Easements, by Jonathan Gaunt & Mr Justice Morgan, 18th ed. Sweet & Maxwell 2008' (2009) 73(6) The Conveyancer and Property Lawyer 533-537.
  • Burns, F, ‘Lord Westbury, Law Reform and Fusion’ (2008) 29(1) The Journal of Legal History 1-37.
  • Burns, F, ‘Intestacy Reform in New South Wales and Queensland: A Critical Evaluation of Aspects of the Uniform Succession Laws: Intestacy Report’ (2008) 1 Journal of the Australasian Law Teachers Association 321-333.
  • Burns, F, ‘The Future of Prescriptive Easements in Australia and England’ (2007) 31(1) Melbourne University Law Review 3-46.
  • Burns, F, 'Prescriptive Easements in England and Legal "Climate Change"’ (2007) The Conveyancer and Property Lawyer 133-147.
  • Burns, F, 'Reforming Testamentary Undue Influence in Canadian and English Law' (2006) 29(2) Dalhousie Law Journal 455 - 490.
  • Burns, F, 'Protecting Elders: Regulating intergenerationally transmitted debt in Australia' (2005) 28 International Journal of Law and Psychiatry 300-319.
  • Burns, F, 'Statutory ‘Unconscionability’: The application of the Contract Review Act 1980 (NSW) to the elderly' (2005) 21(1) Journal of Contract Law 51-70.
  • Burns, F, 'Legally regulating intergenerationally transmitted debt' (2005) s24 Australasian Journal on Ageing (Special Issue: Ageing and the Future of Elder Care) 46-50.
  • Burns, F, 'Elders and Testamentary Undue Influence in Australia' (2005) 28 UNSW Law Journal 145-185.
  • Burns, F, 'The elderly and undue influence inter vivos' (2003) Legal Studies 251-283.
  • Burns, F, 'Lord Cottenham and the Court of Chancery’ (2003) 24(2) The Journal of Legal History 187-214
  • Burns, F, 'The Equitable Doctrine of Unconscionable Dealing and the Elderly in Australia’ (2003) 29(2) Monash University Law Review 336-375
  • Burns, F, 'Elders and Undue Influence Inter Vivos: Lessons from the United Kingdom?’ (2003) 24(1) Adelaide Law Review 37-77.
  • Burns, F, 'The Equitable Lien Rediscovered: A Remedy for the 21st Century' (2002) 25 UNSW Law Journal 1-32.
  • Burns, F, 'Undue Influence Inter Vivos and the Elderly' (2002) 26 Melbourne University Law Review 499-536.
  • Burns, F, 'Giumelli v Giumelli Revisited: Equitable Estoppel, the Constructive Trust and Discretionary Remedialism' (2001) 22 Adelaide Law Review 123-156.
  • Burns, F, 'The Court of Chancery in the 19th century: A Paradox of Decline and Expansion' (2001) University of Queensland Law Journal 198-219.
  • Burns, F, 'Pioneering but Imperfect' (2000) 29 The University of Western Australia Law Review 148-150.
  • Burns, F, ' Discretionary Remedialism Down Under' (2000) 29 The University of Western Australia Law Review 143-148.

Conference Papers and Presentations

  • Burns, F, 'Intestacy Law in Australia, England and Singapore - Another Aid to Social Sustainability in an Ageing Population?' presented at the 11th Australasian Property Law Teachers Conference 2012, Singapore, 12-13 July 2012
  • Burns, F, 'Equity Release Products in The United Kingdom and Australia: Self Sufficiency and Governement Regulation?' presented at the 11th Australasian Property Law Teachers Conference 2012, Singapore, 12-13 July 2012
  • Burns, F, 'Reverse Mortgages and Equity Release Products in Australia and the UK: The Legislative Protection of Vulnerable Elders', presented at the 32nd International Congress on Law and Mental Health, Germany (17 July-23 July 2011)
  • Burns, F, 'Reverse Mortgages: An exercise in sustainability?', presented at Australian Property Law Teachers Conference, Perth (25 September 2010)
  • Burns, F, 'Aspects of Reverse Mortgages in Australia', presented at Australasian Law Teachers Conference, Auckland (4 July – 7 July 2010)
  • Burns, F 'Friends – in – law: a mentoring program with a social focus' (with Lisa Happell), presented at Australasian Law Teachers Conference, Auckland (4 July – 7 July 2010)
  • Burns, F, 'Mortgages and Older Australians: The Vanishing Doctrine of Contractual Capacity' presented at First Annual Meeting of the Association for Law, Property and Society, Washington DC (5-6 March 2010)
  • Burns, F, ‘Capacity, Changing Capacity, Mortgages and Elders in Australia’, presented at XXXIst International Congress on Law and Mental Health, New York (28 June -4 July 2009)
  • Burns, F, ‘Court imposed easements in the Australian Torrens System: Are the rights of servient owners adequately protectex?’, presented at Australasian Property Law Conference, University of NSW (17-19 April 2009)
  • Burns, F, ‘Intestacy Reform in NSW and Queensland: A Critical Evaluation of Aspects of the Uniform Succession Laws: Intestacy Report’, published in L. Westcott (ed), The Law, the Environment, Indigenous Peoples: Climate for Change? Australasian Law Teachers' Association 63rd Annual Conference 2008, James Cook University (2008)
  • Burns, F, ‘The Future of Intestacy Reform in NSW: The Uniform Succession Laws Intestacy Report’, presented at Sydney Law School Lunchtime Seminar (7 August 2008)
  • Burns, F, ‘Easements and servitudes created by implied grant, implied reservation or prescription’, presented at Modern Studies in Property Law, Queen's College, Cambridge, UK (1-3 April 2008)
  • Burns, F, ‘Complex Issues in Wills Practice - Important Aspects of the Succession Act 2006 (NSW)’, presented at the Legalwise Seminars Series, Sydney (5 March 2008)
  • Burns, F, ‘Prescriptive and Implied Easements: Do they have a Future in the Torrens System in NSW?’, published in Adams, M, Barker, D & Poludniewski, K (eds), 62nd Annual Australian Law Teachers Association (ALTA) Conference - Law and Public Policy: Taming the Unruly Hourse?, University of Western Australia, (2007)
  • Burns, F, ‘Key Aspects of the Succession Act 2006 (NSW)’, published in Adams, M, Barker, D & Poludniewski, K (eds), 62nd Annual Australian Law Teachers Association (ALTA) Conference - Law and Public Policy: Taming the Unruly Horse?, University of Western Australia, (2007)
  • Burns, F, ‘Prescriptive Easements’, presented at the Sydney Law School Lunchtime Seminar, Sydney (17 May 2007)
  • Burns, F, ‘Elderly Guarantors: Do we protect them adequately?’ presented at the Australasian Law Teachers Association Conference (ALTA): Darwin, NT (8-11 July 2004)
  • Burns, F, ‘Presumed Undue Influence, Manifest Disadvantage and Explicability’ presented at the Australasian Law Teachers Association Conference (ALTA): Darwin, NT (8-11 July 2004)
  • Burns, F, ‘Undue Influence Inter Vivos and the Elderly’ presented at the Elder Law Program Conference - Legalwise seminars (19 June 2003)
  • Burns, F, ‘Statutory Unconscionability and the Elderly’ presented at the Australasian Law Teachers Association Conference: Brisbane (6-9 July 2003)
  • Burns, F, ‘Protecting Elders: Intergenerationally transmitted debt’ presented at 'Medicine and Industry: Changing paradigms in Law, Ethics and the Health Professions', 28th International Congress on Law and Mental Health (IALMH): Sydney (2003)
  • Burns, F, ‘The Nineteenth Century Court of Chancery Revisited’ presented at The Society of Public Teachers of Law Annual Conference - De Montfort University: Leicester UK (2003)
  • Burns, F, ‘The Nineteenth Century Court of Chancery Revisited’ presented at The Society of Public Teachers of Law Annual Conference - De Montfort University: Leicester UK (2003)
  • Burns, F, ‘The Doctrine of Undue Influence Inter Vivos and Elder Financial Abuse in Common Law Jurisdictions’ presented at the XXVIIth International Congress on Law and Mental Health - International Academy of Law and Mental Health: Amsterdam (2002)
  • Burns, F, ‘The Court and the Chancery in the 19th Century’ presented at the ‘Tradition & Innovation in the Law: Old paths, new directions’ conference - Australasian Law Teachers Association: Port Vila, Vanuatu (2001)