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Prof Malcolm Cope - Faculty of Law

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Professor

BA(Hons), LLM (Qld), Barrister of Law Malcolm Cope

Contact:

Room: C751 (Gardens Point campus)
Tel: (07) 313 89033
Fax: (07) 313 82121
Email: m.cope@qut.edu.au

Professor Malcolm Cope was Dean of the Faculty of Law from 1997 - 2003. He joined the Faculty of Law in 1991 as Professor and Associate Dean of the Faculty and Director of Undergraduate Programs. Prior to 1991 Professor Cope progressively held appointments as Senior Tutor, Lecturer and Senior Lecturer in the Faculty of Law at the University of Queensland where he also served as Sub Dean and Deputy Dean of the Faculty. He was admitted as a Barrister of the Supreme Court of Queensland in 1976. After resigning as Dean late in 2003, Professor Cope undertook a year of research leave before returning in 2005 as a Professor in the School of Law.

Professor Cope is a recognised national and international authority in the area of Equity and Trusts and he has undertaken extensive research into various aspects of Equity and Trusts including undue influence, unconscionable dealing, fiduciary obligations, constructive trusts and equitable remedies, particularly proprietary remedies and their operation in the context of insolvency. He has published extensively on these matters including Duress, Undue Influence and Unconscientious Bargains (1985); Constructive Trusts (1992); and Proprietary Claims and Remedies (1997); and he has edited and contributed to a book of essays Equity Issues and Trends (1995) which was the result of an International Equity and Trust Conference which he organised at QUT in 1994. He has also contributed articles on aspects of equity and trusts in leading law journals and contributed to the Unfair Dealing volume of The Laws of Australia (1993). His work has been cited in judgements and other academic writings. In 1996 he was appointed as a Visiting Fellow at St Catherine’s College, Oxford, in recognition of his scholarly contributions to the field of Equity and Trusts. In 2004 Professor Cope was also awarded a Visiting Fellowship by the Institute of Advanced Legal Studies, School of Advanced Legal Study, University of London in order to undertake the research and writing for a new book on Equitable Obligations. The manuscript for this work has now been completed and the book will be published by Thomson Legal and Regulatory in 2006 under the title Equitable Obligations: Duties, Remedies and Defences. In 2005 Professor Cope became a member of the International Academy of Estate and Trust Law following an invitation to join the Academy.

Professor Cope has extensive teaching experience at both undergraduate and postgraduate levels in Equity and Trusts and he has supervised Masters Research Projects and research degree theses. He is regularly invited by other universities to act as an external examiner of research degree theses submitted for the Master of Laws by Research and for the degree of Doctor of Philosophy.

Research Interests:

  • Equity
  • Trusts