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CLQ Vol38 No3 September-November 2024

Equitable money remedies: an overview
By Hon Justice Elisabeth Peden and Jasmine Robertson
 
It is undeniable that the equitable remedies of damages, compensation and account are distinct in several respects. However, there are overarching principles considered by a court of equity when assessing whether to exercise the discretion to award any form of equitable relief. As such, a discussion of equitable money remedies cannot be divorced from the principles relevant to equitable remedies generally. It therefore serves to commence this paper with a brief outline of the nature of equitable remedies prior to canvassing the suite of equitable money remedies that have come to develop in Australia.
 
 
Bryant v Badenoch Integrated Logging Pty Ltd: the unintended consequences of abolishing the peak indebtedness rule
By Jacob Elliott
 
Liquidators are armed with a generous raft of tools to claw back monies unfairly or improperly deployed by the company during the period leading up to its liquidation. The ‘peak indebtedness rule’ was one such tool used by liquidators to maximise recovery for unsecured creditors. The High Court’s decision in Bryant v Badenoch Integrated Logging Pty Ltd clarified the operation of the ‘continuing business relationship’ provision in Australia’s unfair preference regime, and in doing so, brought an end to the ‘peak indebtedness rule’. This article considers the consequences of its abolition and whether it is now possible, as a repercussion of the High Court’s decision, for companies to engineer running accounts in order to escape the application of that part of the voidable transactions regime.
 
 
Contract law master class 2024. Part 2 of 2
By Jeffrey Goldberger
 
• Jurisdictional issues in cross-border contractual disputes
• Assignment and novation
• The proportionate liability defence to a claim for statutory misleading and deceptive conduct



  • Equitable money remedies: an overview
    By Hon Justice Elisabeth Peden and Jasmine Robertson
    page 4
  • Bryant v Badenoch Integrated Logging Pty Ltd: the unintended consequences of abolishing the peak indebtedness rule
    By Jacob Elliott
    page 13
  • Contract law master class 2024. Part 2 of 2
    By Jeffrey Goldberger
    page 18
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    Non Member Price: $30.00
     
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