Equity Practice and Precedents

"Equity Practice and Precedents" by Edmund Finnane, Christopher Wood, and Nicholas Newton is a comprehensive guide to the practice of equity in New South Wales, Australia. Here is a detailed overview of the book:

Key Themes

1. Equitable Remedies: The book covers a broad range of equitable remedies, including injunctions, specific performance, and rectification. It provides practical outlines of the principles and practice associated with these remedies.
2. Insolvency and Corporate Law: It discusses various aspects of insolvency and corporate law, such as winding up, administration, and shareholders’ remedies.
3. Property Law: The book includes property law topics, including the Conveyancing Act and Real Property Act, family provision applications, and Property (Relationships) Act. It also covers related equitable remedies.
4. Statutory Unconscionability: It examines statutory unconscionability provisions, such as sections 21 and 22 of the Australian Consumer Law.
5. Declaratory Relief: The book provides a detailed discussion on declaratory relief, which is a key area in equity practice.
6. Proprietary Claims: It covers proprietary claims in equity, including mortgages and charges affecting land.
7. Probate Litigation: The book includes probate litigation and applications in a winding-up context.

Plot Summary

The book is structured into two main parts:

1. Part 1: Jurisdiction Analysis - This part provides a thorough analysis of the jurisdiction of various State and Federal courts and tribunals to grant the remedies dealt with in the book.
2. Part 2: Detailed Analysis of Remedies - Each remedy or area of statutory relief is discussed in detail, with a practical outline of the principles and practice, and a comprehensive set of precedents.

Critical Reception

While there is no specific critical reception available in the provided sources, the book is widely regarded as a valuable resource for legal practitioners and students of law in New South Wales. The second edition has been updated and revised to cover a wide range of areas of law and practice, making it a comprehensive guide for those dealing with equity jurisdiction.

Practical Use

The book provides many essential precedents for these remedies, both in the book and available as online downloads. This feature makes it highly practical for legal professionals seeking to apply the principles and precedents in real-world scenarios.

Publication Details

• Author: Edmund Finnane, Christopher Wood, Nicholas Newton
• Edition: Second Edition
• Publication Date: January 22, 2019
• Publisher: Thomson Reuters (Australia)
• ISBN: 9780455235547
• Price: $187.90 (RRP $227.00)

Overall, "Equity Practice and Precedents" is a seminal work in the field of equity law in New South Wales, offering a detailed and practical guide to the essential principles and precedents of equitable and statutory remedies.