LAWS6188 - Commercial Equity Litigation
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
Please note: this unit replaced LAWS6188 Commercial Equity
Semester 1 Intensive
19, 20 & 26, 27 February 2013
The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.
- Take-Home Exam (100%)
Students should have a working knowledge of the law of property and equity and some familiarity with litigation would be useful but not essential.
You can credit this unit towards Legal Professional Development (LPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Enrolment.