Equity’s Australian Isolationism

‘It has to be said that the High Court of Australia has shown a reluctance (some might even say a hostility) towards the invention and expansion of equitable doctrines and remedies’.
The Hon Justice Kirby ‘Equity’s Australian Isolationism’ WA Lee Equity Lecture, Queensland University of Technology, Brisbane 19 November 2008, 20-21.
(Available on WebCT – 01. The History & Nature of Equity)
Critically discuss this statement. Should equitable doctrines and remedies be expanded? If so, how might this be achieved?
NB:
1. All essays must be submitted via the Assignment Box at Queen Street.
2. All written work is to be typed double-spaced on one side of A4 paper with a margin/border of 25 mm / 1 inch.
3. A consistent style must be used for all references. See the Australian Guide to Legal Citation.
4. Marks will be deducted if the word limit is exceeded or the assignment is submitted after the due date without an extension being granted.
5. In 2008 the School of Law developed a policy regarding the process of
Requesting Extensions.
ASSESSMENT CRITERIA
• Written expression: grammar, punctuation and spelling
• Structure: including organization of the essay (introduction, conclusion, use of headings)
• Originality
• Extent and quality of primary and secondary research
• Accuracy of legal knowledge
• Coherence of argument
• Relevance: answering the question or addressing the topic
• Observance of scholarly standards: including proper acknowledgment of sources
Students must not commit plagiarism (taking another’s words and/or ideas and dishonestly passing them off as your own without due acknowledgement), collude with another student, or engage in any other form of academic misconductor intellectual dishonesty.

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