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This session was recorded on 28 August 2025 as part of the Specialist Accreditation Conference 2025. It is very easy for some in a study of equitable remedies to become fascinated by the history of the development of equitable relief – Middle Ages Chancellors of England finding themselves having more powers than the King’s Judges, the fallacy of the fusion of Equity and the Common Law brought about by the Judicature Acts, and the rest. This presentation is a practical traverse of the use of equitable remedies in everyday practice in New South Wales. We will look at the use of declarations and injunctions and examine what is required for asset preservation orders and orders for specific performance. We will also cover trusts (express, implied, constructive and resulting) and see if we can tell the difference and discuss equitable estoppel and equitable compensation and damages; and we will try not to mention James I or Coke. | |
| Recorded on Thursday 28 August 2025. | |
| Terry Morahan, Barrister, Jack Shand Chambers | |
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