Commercial Equity

Course Info


CPD Points 1.5

  • C4: Substantive Law (1.5)

Author Profile

Commercial Equity

The Law Society of Western Australia is the professional association for Western Australian barristers and solicitors


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.