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Equity, the Judicature Acts and Restitution

Journal of Equity, Vol. 5, No. 3, pp. 199-227, 2011

Sydney Law School Research Paper No. 11/105

24 Pages Posted: 17 Dec 2011  

Mark Leeming

The University of Sydney Law School

Date Written: December, 15 2011

Abstract

What did the Judicature legislation do? What relevance does it have to current debates on the relationship between equity and restitution? Most of this article (sections 2-8) provides, largely by reference to primary materials, a contextual account of the English Judicature legislation of 1873 and 1875, and its New South Wales counterparts of 1970 and 1972, in order to answer the first question. The final section of this article (section 9) contends that the Judicature Acts have nothing to do with attempts to reformulate parts of common law and equity by reference to a unifying principle of unjust enrichment.

Keywords: Equity, Judicature legislation, Fusion, Restitution, Judicature, Bleak House, Fusion Fallacy

JEL Classification: K10, K30

Suggested Citation

Leeming, Mark, Equity, the Judicature Acts and Restitution (December, 15 2011). Journal of Equity, Vol. 5, No. 3, pp. 199-227, 2011; Sydney Law School Research Paper No. 11/105. Available at SSRN: https://ssrn.com/abstract=1973391

Mark Leeming (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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