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This chapter addresses equitable interests in property. Despite the implementation of the Torrens system of title by registration for land across all the jurisdictions of Australia, equitable interests remain significant. This chapter considers the characterisation of different equitable interests in property, and the key rules used to resolve priority disputes. Finally, this chapter canvasses some areas where equitable rules, or the philosophy underpinning them, have been incorporated into statutory schemes, with protection against unconscionable conduct particularly prominent.
Two challenges have been made regarding the Gregory and Thompson 1978 discovery priority of cosmic voids and the extended structure (called “bridges”) that connect one rich cluster with its nearest neighbor(s). The primary challenge is by the Center for Astrophysics group called CfA2 headed by Geller and her late collaborator Huchra. A less significant challenge is by Chincarini, one of the Arizona redshift survey members. These issues are discussed point by point starting with the CfA2 challenge. Table 8.1 summarizes the Arizona work as of 1984–1985 (just before the CfA2 survey began). This table as well as the extensive “timeline” table (Table 8.2) demonstrate that the CfA2 survey was a latecomer in the pioneering period and represents nothing more than an incremental step forward. The Chincarini challenge is based on data that belonged to our Arizona consortium (a subgroup headed by Tarenghi) and was published by Chincarini without permission.
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