Once upon a time, there were two courts on this planet: the court of law and the court of equity. As the years went by, the line between the two blurred. For good or evil, the court of equity which embraces flexible discretion, gradually evolved into the court of law (here we mean common law),…
Should the Equitable Confidentiality Envelop Your Privacy Rights?
Introduction Does confidentiality protect your privacy? The public’s growing concern about privacy in modern society has sparked academic debates for centuries. This essay begins by reviewing the elements of the equitable doctrine of confidentiality and the origins of the legal concepts of both confidentiality and privacy. First, the essay examines the scope of the equitable…
Empowering Analysis of Unconscionable Conduct in the ASIC Act 2001
Executive Summary Unconscionable conduct is the focused point of ss 12CA and 12CB of the Australian Securities and Investment Commission Act 2001 (Cth). Australian Law Reform Commission (ALRC) Background Paper FSL9 (link) argues that the proliferation and overlapping of existing legislations, specifically ss 12CA and 12CB of this Act, create ‘’unnecessary complexity in the law’’.…
Unique Case Law of The Legal and Equitable Nexus
Court rulings on Bahr v Nicolay make it a unique case law. Bahr v. Nicolay (No.2) (1988) 164 CLR 604 Case Analysis I CASE BRIEF – Background Bahr v Nicolay was a case that the appellate jurisdiction of the High Court of Australia heard. The appellant, the Bahrs (‘Bahrs’), sued the first respondent, Nicolay (‘Nicolay’).…