Category Archives: Restitution

Restitution for wrongs and child pornography

A friend alerted to me to an interesting case reported in the New York Times involving monetary restitution to a victim of child pornography  who goes by the pseudonym “Amy”. When she was 8 or 9 years old, Amy’s uncle had filmed her in a series of pornographic photographs known as the “Misty” series. Amy […]

When is a trust not a trust?

Via the Restitution Discussion Group (yes, there really is such a thing), I hear that the Australian High Court has indulged in yet another snark at unjust enrichment. Is it just me, or are these self-righteous little rants getting boring? The case is Bofinger v Kingsway Group Limited [2009] HCA 44. The issue raised is […]

Ooops, too many zeros…

In the Sydney Morning Herald today: A New Zealand couple who fled the country after receiving millions of dollars in a banking error may have had a 16-day head start on police. It also emerged the couple may now be in China, and that other family members were also missing. The unnamed couple, believed to […]

The spirit is willing but the flesh is weak…

I was at an event for restitution lawyers the other day, when one of the academics present made a good point. She said that she thought restitution lawyers had “tidy minds”. They wanted the law to be tidy. I think she is absolutely correct. The desire is that like cases be treated alike, regardless of […]

The Amazing Disappearing Assets

Anyone who has a superannuation fund or the like has probably watched their assets drop in value to a massive degree over the last year or so. Right now I’m glad I don’t have my money tied up in shares. The drop has been so sharp that it has produced some interesting legal problems. Take, […]

Efficient breach canned by HCA

What happens when you sign a contract? How binding is it? Can you force the other side to perform their side of the bargain? Non-lawyers might be surprised to learn that from the perspective of contractual remedies, the principal remedy is damages, with specific performance of the contractual obligation said to be a secondary remedy […]

Investment scheme collapses give rise to equitable and restitutionary claims

I must be behind the eight-ball at the moment – how else could I have missed Eoin’s post at on restitutionary liability and Bernie Madoff’s failed investment schemes? The Madoff case involves an alleged Ponzi scheme, or a scheme where early investors are actually being paid money received from later investors rather than true […]

Restitution lawyers of Australia, be on notice

There may be a whole string of cases coming your way?! In news today, it was reported that the Commonwealth Bank online banking has been thrown into chaos: Turmoil has hit the Commonwealth Bank’s online banking system after it duplicated customer transactions. The double-up, caused by an overnight processing error, has affected NetBank customers, the […]

Kirby J takes a parting shot at Equity gurus on High Court

In a recent speech delivered at Queensland University of Technology, Kirby J has delivered a rebuke to the Equity gurus on the High Court, namely Gummow and Heydon JJ. The title of the speech itself is stinging enough: ‘Equity’s Australian isolationism’. Kirby J mounts a three-pronged attack on the approach of the current High Court […]

“Subjective devaluation”

“Subjective devaluation” is the principle which applies in unjust enrichment law when you are provided with an unwanted service, and the provider then demands that you pay – you should be able to argue that you have not been unjustly enriched because you never wanted the service in the first place. Whenever I am trying […]