Category Archives: Equity

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 […]

Show me the money

The latest news from Banking Mistake Land involves faulty ATMs in Sydney. The ABC reports: Consumer groups are calling on the Commonwealth Bank to explain what went wrong with its ATMs on Tuesday, with a glitch resulting in some customers withdrawing excessive amounts from the machines. Police charged two men in Sydney on Wednesday with […]

Manners, pianners, tables and chairs…

…All belong to the people upstairs. Well, that’s the theory, anyway, at least in England. Middle and upper-class people (and all the fine and subtle gradations in between) are known for their politeness. This is not merely anecdata, either — the phenomenon has been extensively documented by anthropologists such as Kate Fox (I do recommend […]

Hell hath no fury like a woman scorned – Sexting and the St Kilda football team

Sorry I haven’t been about much. It’s been nuts, literally. But I thought I’d write about the furore which has arisen in Melbourne after a 17-year-old girl posted photos of nude AFL players from St Kilda football club in retaliation for alleged ill treatment at the hands of various players. The Age reported yesterday: St […]

Charitable purposes and political purposes – the High Court forges a new approach

As I’ve explained in a previous post, for a trust with a purpose to be valid, it has to establish that it has a “charitable purpose”. But the whole charities issue is complicated by another factor. One of the very large perks of charitable status is that charities get tax benefits. This is an important […]