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Category Archives: Equity

Some scenarios involving proprietary remedies

I’m always interested in what people who are not totally devoted to a particular area of law think about certain cases. At the moment I’m working on the issue of proprietary remedies over bribes taken in breach of fiduciary duty. I’m going to put two scenarios to you (derived from the cases) and ask you […]

High Court says that bank fees may be penalties

In Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30, the Australian High Court decided that bank fees may potentially be penalties, notwithstanding the fact that the trigger for the imposition of most of the fees was not a breach of contract. I’ve already outlined the law against penalties in some detail […]

Yes, the law really does abhor a penalty

Sinclair Davidson at Catallaxy has written a post on excessive fees charged by banks, and said this: [The argument that the fees were designed purely to enrich the bank] is a bit hard to take. When you begin a banking relationship you normally sign a contract that includes the fees that you’ll pay for various […]

#equitylawnerdalert

I’ve just bewailed the fact that being a lawyer makes it hard to relate to people sometimes: let’s illustrate it by posting some equity law jokes which amused me. Tee hee! (What, I’m the only one laughing? Oh, never mind.)

Restitution and illegality

The High Court has just handed down a case dealing with the question of the availability of an action for money had and received when certain contracts have been found to be unenforceable as a result of illegality: see Equuscorp Pty Ltd v Haxton [2012] HCA 7. Facts: The facts of the case are rather […]

The Rinehart Trust

For those who have been wondering what on earth is going on with the Rinehart family trust and the accusations thrown around by various family members, you need to go read Marcellous’ excellent summary here. UPDATE: Apologies to PAT of the Canberra National Times whose original Rinehart cartoon (of which this is an excerpt)  appeared […]

Stella, by means of a trust

It’s not often that the paths of commercial law and literature intersect, so when it happens, we tend to seize the opportunity with both hands. This post, then, is a discussion of the newly-founded Stella Prize for Australian women writers, and the legal instrument that will of necessity be the vehicle for its ongoing success: […]

Super injunctions, privacy and Twitter

[Cross posted at Fortnightly Review. Please visit to read Vicki Huang's piece on copyright, competition and trademarks highlights from the Fordham IP conference in New York City at the end of April and Rebecca Mouy's report of a seminar on Human Rights and Intellectual Property by Graeme Austin and Larry Helfer.] The law is generally […]

flybe4Udie

Passengers have told of their fear after realising the plane they were travelling in had lost a wheel. The Flybe Bombardier Q400 took off from Exeter International Airport bound for Newcastle at 1225 GMT on Thursday, with 39 passengers on board. A wheel detached shortly after take-off, forcing the plane to circle for about 90 […]