toksoz

What is tracing in civil litigation?

Tracing is a mechanism by which civil litigants which may be able to show how certain property has ‘travelled’ over time.  This means, that it can be shown by a claimant that certain property, such as money, has moved from one point to another.  This can be useful as money or other property the subject of a cause of action can be ‘traced’ to an original place in time to combat any efforts undertaken to hide it or escape culpability by an original wrongdoer.  An example of this principle arose in the case of Toksoz v Westpac Banking Corporation [2012] NSWCA 199 (3 July 2012) (Toksoz). [Read more…]

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