The Australian Law of Restitution: Has the High Court Lost its Way?

2009 Hearn Lecture, Melbourne; reprinted in Elise Bant and Matthew Harding (eds), Exploring Private Law (Cambridge University Press 2010) 67-85

28 Pages Posted: 18 Jun 2013

See all articles by Andrew Burrows

Andrew Burrows

University of Oxford - Faculty of Law

Date Written: 2009

Abstract

This essay was originally presented as the 2009 Hearn Lecture in Melbourne. It argues that, while a short time ago the High Court of Australia led the common law world in its enlightened and progressive approach to the newly- emerged law of restitution based on unjust enrichment, three more recent cases indicate that that is no longer so. The suggestion is that the High in this area has lost its way and needs to return to a correct track.

Keywords: restitution, unjust enrichment

Suggested Citation

Burrows, Andrew Stephen, The Australian Law of Restitution: Has the High Court Lost its Way? (2009). 2009 Hearn Lecture, Melbourne; reprinted in Elise Bant and Matthew Harding (eds), Exploring Private Law (Cambridge University Press 2010) 67-85, Available at SSRN: https://ssrn.com/abstract=2280266 or http://dx.doi.org/10.2139/ssrn.2280266

Andrew Stephen Burrows (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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