Remedies in Equity The Laws of Australia

Remedies in Equity The Laws of Australia

By David Wright, Samantha Hepburn

Book

$174.00 RRP

Date: 21/07/2010

Code: 9780455228136

Thomson Reuters, AUSTRALIA

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Description

Remedies in Equity – The Laws of Australia is a comprehensive reference for practitioners and students regarding the power of courts to award equitable relief in Australia.

This up-to-date text provides a clear and simple overview of key remedies in equity, grouped into the following topics:

• Declarations;
• Specific performance;
• Rescission;
• Injunctions;
• Compensation and damages;
• Tracing;
• Taking accounts; and
• Delivery up, cancellation and rectification.

Extensive case examples and factual discussion complement a thorough examination of established principles. This includes coverage of the latest judicial decisions and any statutory modification of the remedies in equity. This work also identifies the critical matters which can affect the exercise of a court’s discretion and when remedies in equity may or may not be available.

Authors David Wright, Senior Lecturer of the School of Law of the University of Adelaide, and Dr Samantha Hepburn, Associate Professor of Deakin University, have compiled a readable and authoritative analysis of the practical issues that arise in seeking remedies in equity.

This material is also published as part of Title 15 “Equity” of The Laws of Australia legal encyclopaedia.

Editorial Reviews

From: (2011) 85 ALJ 118
Reviewed by: Mr Justice P W Young

This volume is abstracted from The Laws of Australia and thus is in paragraphs following the numbering system of that publication.

The work sets out in a fairly practical way the basic learning on the major remedies granted by an equity court.

The headings to the major sections are “Declarations”, “Specific Performance”, “Rescission”, “Injunctions”, “Compensation and Damages”, “Tracing”, “Taking Accounts” and “Delivery Up, Cancellation and Rectification”.

The work is in one sense an overload of material and in another it does not quite cover the field.

It is an overload in that, as one would expect in an encyclopaedic work, there are abundant references to back up virtually every sentence of the text. However, the listing of copious authority although helpful to the researcher, does not distinguish between leading authority and others, and a number of the authorities are secondary material. The reference to secondary material such as textbooks and law reviews is useful research material, but is not that helpful for the opinion writer who just wants quick access to the leading authorities.

The split into eight discrete sections means that some basic matters are not covered. The remedy following a successful suit based on proprietary estoppel may result in a remedy fulfilling the promise or one compensating for the damage. Connected with this is the principle that equity awards the minimum remedy to do equity. Doubtless this is dealt with in The Laws of Australia under “Estoppel”, but its remedial side is not to be found in this work.

Again, equity gives that remedy that is meet for a particular situation. Thus, in cases of contribution between insurers or sureties, equity merely orders one party to pay to the other party its proportionate part of the common liability. There are a number of situations where equity gives a remedy which does not fall under the eight headings. Indeed there has had to be a bit of fudging to put Mareva orders in with injunctions.

However, these criticisms are more to do with the structure of the whole encyclopaedia rather than with this spin-off. The spin-off is a handy reference tool which will call to mind the principles and the authorities that support the principles.

 

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