Conscience and Commerce: The Place of Equity in Commercial Law

Venue: Federal Court of Australia , Courtroom 1 (8A), Level 8

Presenters: The Honourable Jennifer Davies, Professor Ben McFarlane

For the third event in the 2017 Judges in Conversation series, the Honourable Justice Jennifer Davies (Federal Court of Australia) will be in conversation with Professor Ben McFarlane (Professor of Law at University College London) to discuss the following topic: 'Conscience and Commerce: The Place of Equity in Commercial Law'.

There is an ongoing debate, in England as well as in Australia, as to the proper role of equitable doctrines and principles in commercial law. There are indications, in the law of penalties, estoppel and remedial constructive trusts, for example, that at least some Australian courts are willing to give equity a more prominent role than their English counterparts. These and other topics may feature as we consider if equity still has a distinctive and useful role to play both in commercial law and in private law more generally.

from
https://events.unimelb.edu.au/events/8955-conscience-and-commerce-the-place-of-equity-in-commercial-law