Essays in Equity - PDF

For over a century lawyers have prophesied or asserted the demise of Equity. Yet it continues to flourish. Australian lawyers can, justly, claim some responsibility in this. The last ten years or so there has been a revitalised interest in, and utilisation of, equitable doctrines, remedies and institutions. One need only point to the vogue of the trading trust and to the burgeoning of equitable intervention in contract. More important, perhaps, is the renewed judicial appreciation of Equity’s potency—an appreciation which is unshackling the restraints the late nineteenth and early twentieth century lawyers imposed upon equitable doctrine, and which is developing doctrine to meet new concerns.

Part of the Finn Essay Series available in PDF. This collection of essay on equity is something of a reflection of the last decade. It is an outcome of a seminar on Equity held at the Australian National University in May 1984 which brought together for the first time a group of judges, writers, practitioners and academics who, in one role or another, have contributed to fostering an understanding of Equity jurisprudence in Australia.