Commercial Equity
Course Info
PriceCPD Points 1.5
Competency- C4: Substantive Law (1.5)
Courses by this Author
Ethical standards of conduct represent an important professional obligation which we each have as lawyers. The session will focus upon the duties owed by family lawyers to the Court and the relevant Professional Conduct Rules. It will address some ethical dilemmas, in fact scenarios, making reference to case law along the way.
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Course Summary
For those practising in the area of commercial litigation, it is important to understand the scope and limits of the so-called “second limb” of the rule in Barnes v Addy and what amounts to a “dishonest and fraudulent design”.
Course Details
Patricia Cahill SC's paper will address Commercial Equity: The unsettled second limb of Barnes v Addy. In the wake of Farah Constructions v Say-Dee (2007) 230 CLR 89, in Westpac v Bell Group [No 3] (2012) 44 WAR 1 and Hasler v Singtel Optus (2014) 311 ALR 494, the Courts of Appeal in WA and NSW have ruled differently on what can amount to a 'dishonest and fraudulent design' for the second limb of Barnes v Addy. A focus of the paper will be on the practical implications of these cases, particularly for Western Australian practitioners.
Justice Leeming's paper will address 'Commercial Equity and Statutes'. Important provisions of the Corporations Act and the Competition and Consumer Act draw freely from equity - notably, the statutory duties imposed on directors, the proscriptions against unconscionable conduct, and statutory remedies – and, in turn, these provisions have influenced equitable principle. By reference to recent decisions, the paper will consider the relationship between statute and equity in a variety of commercial contexts.