High Court of Australia Has shown a Reluctance Towards the Invention and Expansion of Equitable Doctrines and Remedies

‘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?


  • All essays must be submitted via the Assignment Box at Queen Street.
  • All written work is to be typed double-spaced on one side of A4 paper with a margin/border of 25 mm / 1 inch.
  • A consistent style must be used for all references. See the Australian Guide to Legal Citation.
  • Marks will be deducted if the word limit is exceeded or the assignment is submitted after the due date without an extension being granted.
  • In 2008 the School of Law developed a policy regarding the process of Requesting Extensions.

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