Topic: Equitable subrogation: the law in Australia

Presenter: Neil Hope - PhD Candidate, TC Beirne School of Law

The project deals with the principle of "Equitable Subrogation", as distinct from "Subrogation" at common law, its application and the legal theory that underpins the principle. It explains how various commentators have approached the task of explaining the doctrinal basis for the principle, over time, and how the Courts have responded to that academic theory.

The project highlights that there has been a divergence of academic thought on the appropriate legal theory that underpins the principle, on the one hand in Australia and on the other, in the United Kingdom, Canada and New Zealand. The process of legal reasoning in Australia and in the United Kingdom is dealt with and a conclusion is a reached as to which of those jurisdictions has adopted the most valid reasoning.

Significantly various categories of Equitable Subrogation are identified and described and the project reports on why some of those categories no longer fit within the principle and on how new categories are emerging as the doctrinal basis of the principle is better understood.
In conclusion the project delivers a more appropriate and coherent definition of the principle.

All welcome, please register by emailing Beth Williams.

Contact: Beth Williams, ph: (334) 69350, email:

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