Principles of the Australian Law of Remedies 1st edition

Principles of the Australian Law of Remedies 1st edition

By David Wright

Book

$147.00 RRP

Date: 29/01/2020

Code: 9780455243870

Lawbook Co., AUSTRALIA

Available Formats

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Description

This book attempts to correctly increase the status of the remedy. Further, three themes are apparent with the current status of the Australian law of remedies. They are;

  1. the traditional nature of Australian remedies,
  2. the waning persuasiveness of modern English decisions on Australian remedies, and
  3. The rise of statutes.

Although these themes are discrete, these three themes do overlap and thee three themes intersect. The first theme with Australian remedies is it is extremely traditional. But it is not frozen but it is quite conservative. To understand this, it is essential to appreciate the current operation of the law of remedies in Australia. A lot of remedies books ignore the current law in Australia, and are structured to present the law as it should be and not as it is. This book avoids this temptation and present the law as it is. The second main theme of Australian remedial law is its continued, gradual divergence form English remedial law. This book recognises this fact. A major reason for this divergence is the plethora of statutes in each country which are worded quite differently and so reach a different remedial result. Connected to this, is the third theme recognised in this book. Statutes are the dominant source of law today. Essentially, what is the relationship between statutory remedies and the traditional law of remedies? But there is a further issue with this Age of Statutes. This is statutory interpretation. The importance of statutes today is why this book devotes such attention to statutory remedies. Just discussing the traditional law of remedies, with statutory remedies as simply an addendum, is simply inadequate.

Table of Contents

PART I Introduction

Ch 1 Introduction to the Law of Remedies

PART II: Damages at Common Law

Ch 2 Contractual Damages

Ch 3 Tortious Damages

Ch 4 Restitution (Unjust Enrichment)

PART III: Equitable Remedies

Ch 5 Equitable Remedies Generally

Ch 6 Compensation in Equity

Ch 7 Lord Cairns’ Act Damages (Equitable Damages)

Ch 8 Account of Profits

Ch 9 Rectification

Ch 10 The Remedial Constructive Trust

Ch 11 Specific Restitution  

Ch 12 Specific Performance

Ch 13 Rescission

Ch 14 Delivery Up and Cancellation

Ch 15 Appointment of Receivers

Ch 16 Final Injunctions

Ch 17 Interlocutory Injunctions

PART IV: Remedies Similar to Traditional Remedies 

Ch 18 Remedies in the Statutes Generally

Ch 19 Mareva Injunctions

Ch 20 Anton Piller (Search) Orders

Ch 21 Remedies under the CCA

Ch 22 Remedies under the Corporations Act

Ch 23 Declarations

Ch 24 AD (JR) Remedies

Ch 25 The Constitutional Injunction

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