Topic: 
Commercial Legal Practice
Duration: 
4 days
Next course:
16 April 202019 April 2020 (see all)
Facilitator(s):
Associate Professor Lee Aitken
Location:
UQ St Lucia (view map)
Enrolment options: 
CPD | Award | Non-Award
Cost: 
$2170 for CPD

Topics covered

The topics covered will include:

  1. A brief overview of the nature of equitable relief (including the history of equity), and the scope of equitable intervention in commercial dealings; the distinction between the exclusive, concurrent and auxiliary jurisdictions in equity; equitable set-off and the common injunction as a case study;
  2. The continuing relevance of the maxims of equity and their effect on the grant of equitable relief – “unclean hands”, “delay”, “the requirement to do equity”, “substance not form”, “waiver and election”; time conditions in equity;
  3. The importance and scope of the fiduciary relationship in commercial transactions;
  4. Equity and security enforcement – the equitable charge; charging clauses; caveats and caveatable interests; mortgages and mortgage enforcement; the equity of redemption and foreclosure; the rule in Harvey v McWatters and Inglis v CBA and “payment in”; tacking and the rule in Hopkinson v Rolt; the receiver in equity; equitable execution; ne exeat colonia and injunctions – insolvency remedies in relation to absconding debtors; equity and the “theft principle” in transnational fraud; subrogation; marshalling; and contribution;
  5. Equity and confidence – Prince Jefri Bolkiah; legal practice and conflict of interest; restraining the departing employee from misuse of confidential information;
  6. Equity and trust litigation – the Beddoes order; trustee summons for directions; rights of indemnity and exoneration as exemplified in Carter Holt Harvey [2019] HCA 20; removing the trustee and the role of the protector in discretionary trusts;
  7. Equity and property dealings – part performance in equity; the need for writing; the relief against forfeiture of a lease and an option; operating and finance leases; appointment of trustee for sale, and other applications in relation to co-ownership;
  8. Litigating in equity; hearings before the Duty Judge, and the Expedition Judge – jurisdiction and discretion – the Commercial List – and the Commercial List summons; preparation of evidence and affidavits;
  9. Remedies in equity – injunctions (including mandatory injunctions); specific performance, declarations; Anton Piller relief; Banker’s Trust v ShapiraMareva relief (preservation orders); the undertaking as to damages; equitable remedies in administrative law and federal jurisdiction; cognate relief under other legislation; choice of law in equitable disputes; the operation of limitation in equity by analogy.

Style of learning

Our courses are delivered in collaborative, seminar-style teaching environments, in the award-winning Forgan Smith building.

Our CPD participants benefit from small class sizes which encourage group discussion and debate, and 1-on-1 access to industry experts and leading researchers.

Location

This course is delivered at UQ St Lucia.

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Enrolment options

 Register for Continuing Professional Development

No entry requirements apply, you are not required to submit assessment, and your course participation may not be used as academic credit towards a qualification. Our courses count toward Queensland Law Society Continuing Professional Development (CPD) points if you can demonstrate relevance to your legal practice. Registration closes 2 weeks before the course starts.

Register as a CPD student


 Enrol as a non-award student

To gain academic credit, you can apply to enrol as a ‘non-award’ student. Your enrolment is called ‘non-award’ because you are not seeking to be awarded a qualification at this point. As a non-award student, you will be required to do course assessment and will gain academic credit for successfully completing the course. You may seek credit for the course if you enrol in a program in the future.

Apply for entry as a non-award student


 Enrol as a part of a Masters degree program

This course is part of the Master of Laws postgraduate program.

 

Upcoming sessions

16 April 2020 9:00am19 April 2020 5:00pm
Associate Professor Lee Aitken