Commercial Equity Litigation
LAWS6188
Topics to be covered include: The nature of equitable relief (including the history of equity), and the scope of equitable intervention in commercial dealings; the distinction between the exclusive, concurrent and auxiliary jurisdictions in equity; equitable set-off and the common injunction as a case study; The maxims of equity and their effect on the grant of equitable relief = "unclean hands", "delay", "the requirement to do equity", "substance not form", "waiver and election"; time conditions in equity; Equity and security enforcement - the equitable charge; charging clauses; caveats and caveatable interests; mortgages and mortgage enforcement; the equity of redemption and foreclosure; the rule in Harvey v McWatters and Inglis v CBA and "payment in"; tacking and the rule in Hopkinson v Rolt; the receiver in equity; equitable execution; ne exeat colonia and injunctions - insolvency remedies in relation to absconding debtors; equity and the "theft principle" in transnational fraud; Equity and confidence - Prince Jefri Bolkiah; legal practice and conflict of interest; restraining the departing employee from misuse of confidential information; Equity and trust litigation - the Beddoes order; trustee summons for directions; rights of indemnity and exoneration; removing the trustee and the role of the protector in discretionary trusts; Equity and property dealings - part performance in equity; sections 54A and 23C of the Conveyancing Act; the relief against forfeiture of a lease and an option - sections 129 and 133E Conveyancing Act; operating and finance leases; section 66G and other applications in relation to co-ownership; Litigating in equity; hearings before the Duty Judge, and the Expedition Judge - jurisdiction and discretion - the Commercial List - and the Commercial List summons; preparation of evidence and affidavits; Remedies in equity - injunctions (including mandatory injunctions); specific performance, declarations; Anton Piller relief; Banker's Trust v Shapira; Mareva relief (preservation orders); the undertaking as to damages; equitable remedies in administrative law and federal jurisdiction; cognate relief under other legislation; and Choice of law in equitable disputes.
Unit of study details
Unit of study level: Postgraduate
Credit points: 6
Commencing semesters: 102
Further unit of study information
Unit of study handbook: LAWS6188
Costs and scholarships information: Costs and Scholarships
Final dates to withdraw from units of study: Census Dates
Available for study abroad and exchange: No