Remedies are incredibly important. Remedies are what clients want and understanding the law of remedies is crucial to both the study and the successful practice of law. Yet, too often scholarly discussion on remedies focuses on what the law should be rather than what it is. In other more general texts, remedies appear as afterthoughts to discussions about breach - whether of tort, contract or equitable obligation.

Vitally important too is an understanding of the significant overlap between remedies. Facts of the case can now be addressed from many different angles - for example, facts giving rise to a breach of contract may also give rise to actions in unjust enrichment and breach of the Trade Practices Act. Failure to appreciate different remedial consequences can cost clients hugely.

This work briefly sets out what the law of remedies in Australia actually is. By focusing on the Australian law, written in simple to understand language, accessible to all lawyers and law students, the book delivers what both students and practitioners want and what their clients need.

Summary Table of Contents

Part One-Introduction

 
Part Two-Compensation at Common Law
Contractual Damages
Tortious Damages

Part Three-Equitable Remedies
Compensation in Equity
Equitable Damages
Account of Profits
Rectification
Rescission
Specific Restitution
Specific Performance
Final Injunctions
Interlocutory Injunctions

Part Four-Remedies Similar to Traditional Remedies
Mareva Injunctions
Anton Piller Orders
Restitution (Unjust Enrichment)
Remedies Under the Trade Practices Act
Declarations

Index