The Federation Press

Remedies

Overview

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. Often remedies appear as afterthoughts to discussions about breach – whether of tort, contract or equitable obligation. This common approach can cost clients a lot of money.

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 Competition and Consumer 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 students and practitioners want and what their clients need.

The new edition enhances all this by being up-to-date in this changing environment and by ending each chapter with a series of questions and answers, so that the law can be fully understood.

Table of Contents

Table of Cases
Table of Statutes

PART I: Introduction

PART II: Compensation at Common Law

Contractual Damages
Tortious Damages
Restitution (Unjust Enrichment)

PART III: Equitable Remedies

Equitable Remedies Generally
Compensation in Equity
Lord Cairns’ Act Damages (Equitable Damages)
Account of Profits
Rectification
The Remedial Constructive Trust
Specific Restitution
Specific Performance
Rescission
Final Injunctions
Interlocutory Injunctions

PART IV: Remedies Similar to Traditional Remedies

Mareva Injunctions
Anton Piller (Search) Orders
Remedies under the CCA
Declarations

Index

Of interest...