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Principles of the Australian Law of Remedies

Principles of the Australian Law of Remedies

By David Wright

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

Torts 

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  • Full 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;

    the traditional nature of Australian remedies,
    the waning persuasiveness of modern English decisions on Australian remedies, and

    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.

  • About the author
  • Product details

    ISBN: 9780455243870

    Published: 2020

    Format: Softcover

  • 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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