Dr Darryn Jensen
B Com, LLB (Hons), LLM, PhD
Senior Lecturer
ANU College of Law
T:
6125 4454
Areas of expertise
- Equity And Trusts Law 180112
- Property Law (Excl. Intellectual Property Law) 180124
- Legal Theory, Jurisprudence And Legal Interpretation 180122
Research interests
Trustee's obligations and remedies for breaches of trustees' obligations. Common law adjudication, in particular the differences between 'judge made' law and legislation and the relationship/interaction between the two bodies of law. The structure of private law and the distinction between private law and public law. The law relating to charitable and religious institutions.
Researcher's projects
- The role of 'policy' in private law cases - what does 'policy' mean?
- Conditions in restraint of marriage in testamentary dispositions (and other examples of 'public policy' invalidity)
- The relationship and tensions between historical methods and interpretive methods of legal research
Current student projects
Are interests under discretionary trusts 'property' for the purposes of the Family Law Act 1975?
Publications
- Hossain Bhuiyan , M & Jensen, D, eds, 2020, Law and Religion in the Liberal State, Hart Publishing, Oxford.
- Hossain Bhuiyan , M & Jensen, D 2020, 'Introduction: Law and Religion in the Liberal State', in Md Jahid Hossain Bhuiyan and Darryn Jensen (ed.), Law and Religion in the Liberal State, Hart Publishing, Oxford, pp. 1-10.
- Jensen, D 2019, 'The 'Policy' that Invalidates Testamentary Conditions, Oxford Journal of Legal Studies, vol. 39, pp 553 - 576.
- Grantham, R & Jensen, D 2018, 'The Proper Role of Policy in Private Law Adjudication', University of Toronto Law Journal, vol. 68, no. 2, pp. 187-230.
- Jensen, D 2018, 'The Boundary between Not-For-Profits and Government', in Matthew Harding (ed.), Research Handbook on Not-For-Profit Law, Edward Elgar Publishing, Cheltenham, UK, pp. 153-170.
- Jensen, D 2017, 'Pitfalls of Statutory Reform in Private Law: Recipient Liability for Breach of Trust', in Ron Levy, Molly O'Brien, Simon Rice, Pauline Ridge and Margaret Thornton (ed.), New Directions for Law in Australia: Essays in Contemporary Law Reform, ANU Press, Canberra, pp. 275-282.
- Jensen, D 2017, 'Principles of the Law of Trusts', Trusts & Trustees, vol. 23, no. 10, pp. 1143-1145.
- Jensen, D 2017, 'Constructive Trusteeship: The Perils of Statutory Formulae', in Kit Barker, Karen Fairweather and Ross Grantham (ed.), Private Law in the 21st Century, Hart Publishing, United States, pp. 155-169.
- Grantham, R & Jensen, D 2016, 'Coherence in the Age of Statutes', Monash University Law Review, vol. 42, no. 2, pp. 360-382pp.
- Jensen, D 2015, 'Charitable purposes and political purposes (or voluntarism and coercion)', The Charity Law & Practice Review, vol. 18, no. 3, pp. 57-78.
- Jensen, D 2014, 'Keeping Public Law in its Place', University of Queensland Law Journal, vol. 33, no. 2, pp. 285-297.
- Jensen, D 2014, 'Proprietary Remedies: Distributive or Commutative?', University of Western Australia Law Review, vol. 38, no. 1, pp. 1-29.
- Jensen, D 2011, 'The Battlelines of Interpretation in Racial Vilification Laws', Policy, vol. 27, no. 2, pp. 14-19B.
- James, N & Jensen, D 2011, 'A Dialogue Concerning the Merits of the 100% Final Examination in the Assessment of Law Students', Canberra Law Review, vol. 10, no. 3, pp. 49-80.
- Jensen, D 2011, 'Theories, Principles, Policies and Common Law Adjudication', Australian Journal of Legal Philosophy, vol. 36, pp. 34-57.
- Jensen, D 2011, 'Classifying Church-State Arrangements: Beyond Religious versus Secular', in Nadirsyah Hosen and Richard Mohr (ed.), Law and Religion in Public Life: The Contemporary Debate, Routledge, London, UK, pp. 15-33.
