Welcome to 2013. This year I will keep posting case notes to cover topical issues in trusts and equity, as well as writing from time to time on contentious or difficult issues in the area. I welcome my readers’ comments and requests on the blog. If there are any topics that you feel would be […]
Category Archives: Equitable Principles
On 10 December 2012, the Victorian Supreme Court’s Commercial Court is hosting a conference. The Hon Keith Mason AC QC, former President of the NSW Court of Appeal will be speaking on the topic “Remedies for breach of fiduciary duties: Lessons from two recent mega-cases: Grimaldi and Bell Resources”. This is one of four topics […]
The High Court has held that relief against penalties is not limited to consequences imposed after a breach of contract. The equitable remedy of relief against penalties has a murky past. As the High Court has recently observed, a proper understanding of the doctrine requires ‘more than a brief backward glance’. One controversial element of […]