Topic:
Equitable remedies: injunctions and declarations
Speakers:
Hon Justice Elisabeth Peden, Supreme Court of NSW; Juliette Kaado, Herbert Smith Freehills
Venue:
Recorded in March 2025 at the NSW State Library
This seminar concerns equitable remedies, and in particular injunctions and declarations. The seminar considers the following:
• What is the difference between equitable and common law remedies?
• What is the proper jurisdiction for different claims?
• When do you need a declaration?
• When will a declaration not be granted?
• How hard is it to obtain an injunction?
• What is the usual undertaking as to damages and how is that applied?
• Tips and tricks about seeking declarations and injunctions
The seminar also considers recent cases, including Commonwealth of Australia v Sanofi [2024] HCA 47 (11 December 2024) and UK Supreme Court decision Nasir v Zavarco plc [2025] UKSC 5 (19 February 2025).