Remedies in Equity

"Remedies in Equity: The Laws of Australia" by David Wright and Samantha Hepburn is a comprehensive legal reference book focused on the power of courts to award equitable relief in Australia. Here is a detailed overview of the book:

Key Themes

The book covers a wide range of key remedies in equity, including:

• Declarations: The process by which a court makes a formal statement about the rights and obligations of parties involved in a dispute.
• Specific Performance: The remedy where a court orders a party to perform a specific action rather than awarding damages.
• Rescission: The remedy that allows a court to cancel or set aside a contract.
• Injunctions: Court orders that require a party to do or refrain from doing something.
• Compensation and Damages: Remedies that compensate parties for losses incurred.
• Tracing: The process of identifying and recovering assets that have been transferred or hidden.
• Taking Accounts: A remedy that involves the court's intervention to settle accounts between parties.
• Delivery Up, Cancellation, and Rectification: Remedies related to the return of property, cancellation of contracts, and rectification of documents.

Plot Summary

The book provides a clear and simple overview of these key remedies in equity. It is structured to facilitate understanding by practitioners and students, with extensive case examples and factual discussions. The authors thoroughly examine established principles, including the latest judicial decisions and any statutory modifications of the remedies in equity. The text also identifies critical matters that can affect the exercise of a court’s discretion and when remedies in equity may or may not be available.

Critical Reception

While specific reviews are not provided in the sources, the book is widely recognized as a comprehensive and authoritative reference in the field of equity law in Australia. The authors, David Wright and Samantha Hepburn, are respected academics in their field, which adds to the book's credibility and reliability.

Publication Details

• Authors: David Wright (Senior Lecturer, School of Law, University of Adelaide) and Samantha Hepburn (Associate Professor, Deakin University).
• Publisher: Law Book Co of Australasia.
• Publication Date: 11 November 2019.
• Edition: 2nd edition.
• Format: Paperback and eBook.
• ISBN: 9780455238609.
• Language: English.
• Audience: Professional and scholarly.

This book is part of the "The Laws of Australia" legal encyclopaedia, specifically under Title 15 "Equity," making it a valuable resource for practitioners and students seeking to understand the intricacies of equitable remedies in Australian law.