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Equity

Equity. Summer Session 2009-2010 Alysia Debowski alysia@largestprime.net. Welcome to Equity!. Introductions alysia@largestprime.net 0412 879 243 Feedback from Winter 2009. Subject outline. Learning outcomes Teaching arrangements Assessment Assignment

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Equity

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  1. Equity Summer Session 2009-2010 Alysia Debowski alysia@largestprime.net

  2. Welcome to Equity! • Introductions • alysia@largestprime.net • 0412 879 243 • Feedback from Winter 2009

  3. Subject outline • Learning outcomes • Teaching arrangements • Assessment • Assignment • Due 9.00am on Tuesday 8 December 2009 • Examination • Weekend schools • 27-28 November 2009 / 29-30 January 2010 • Texts and resources

  4. Today’s class • History of equity • Nature of equity • The relationship between law and equity • Successfully completing the assignment

  5. The History of Equity

  6. The Nature of Equity

  7. The Relationship between Law and Equity

  8. Successfully completing the assignment • Legal research • Structure • Word count • Analysis

  9. “The ecclesiastical natural law foundations of equity, its concern with standards of conscience, fairness, equality and its protection of relationships of trust and confidence, as well as its discretionary approach to the grant of relief, stand in marked contrast to the more rigid formulae applied by the common law and equip it better to meet the needs of the type of liberal democratic society which has evolved in the twentieth century.”  • Sir Anthony Mason, 'The Place of Equity and Equitable Remedies in the Contemporary Common Law World' (1994) 110 Law Quarterly Review 238 • Critically analyse this statement with reference to relevant case law and academic commentary.

  10. Next class • Assignment of Property in Equity • Priorities • Principles of Australian Equity and Trusts, Chapters 4, 5, 6 and 7

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