Question
You are a graduate lawyer working in the Sydney office of an International law firm. Another graduate you work with ('Ashley') studied their law degree
You are a graduate lawyer working in the Sydney office of an International law firm. Another graduate you work with ('Ashley') studied their law degree in England. They have asked you to explain to them the differences between equity in England and Australia in order to better understand the equitable jurisdiction and approach of courts you might be frequenting.
You review your understanding of historical and recent developments of the law in Australia in preparation for the discussion.
Ashleigh has emailed you the following topics she is unsure about, stating that she will ask you further questions to clarify issues or seek further information when you meet.
- What is the nature of the equitable jurisdiction in Australia?
- In relation to the assignment of rights, how does equity intersect with the common law and statutes?
- With reference to ASIC v Kobelt, does equity protect the rights of Indigenous peoples and others disadvantaged before the law?
- Why does equity protect certain types of relationships by classifying them as 'fiduciary'?
- What is the approach of Australian courts to the extent of a fiduciary's obligations?
In this task, you are expected to apply an understanding of equitable principles, their development in Australia, the distinctions between Australian and comparative jurisdictions, and the philosophies behind equitable relief.
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