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This is the legal blog of Marc Testart, a member of the Victorian Bar.
Browsing All Posts filed under »Equity«
Resulting Trust and Advancement: The Limitations of Equitable Presumptions in Family Law Cases.
Families regularly provide financial assistance to each other. Because they often do it in an informal way, various legal complications can arise. Having the Courts untangle these complications is not a straightforward process. Equity provides us with certain rebuttable presumptions, such as the presumptions of advancement and resulting trust to assist them but in the […]
Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd [2011] NSWSC 267: Restitution lives on in Australia.
June 11, 2011
This decision of Einstein J is an recent example of a successful claim for restitution for unjust enrichment. It also shows the interaction between restitution and equity, in particular knowing receipt, dealing with principles as old as those as in Barnes v Addy (1874) LR 9 Ch App 244; and Briginshaw v Briginshaw (1938) 60 […]
The Australian Law of Restitution: Has the High Court Lost Its Way? By Andrew Burrows
June 11, 2011
For a comprehensive and readily understandable critique and explanation of the current law of restitution in Australia, I recommend starting with this article (found on the internet). Professor Burrows deals with the basics as well as a synopsis and commentary of the three most recent significant High Court Decisions:Roxborough v Rothmans of Pall Mall Ltd (2001) […]
MyLearnedFriends 
June 24, 2011
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