This course will examine contemporary issues arising in the legal profession. Topics will vary from year to year, drawing on the innovative research of TC Beirne School of Law academic staff, as well as the expertise of visiting scholars and leading practitioners. Please refer to the Law School website for current topics. This course will examine contemporary professional issues in the law of evidence, civil liability, civil litigation, ethics, and administrative tribunals.

 

The topic for Semester 1, 2020 is Commercial Equity Litigation.

The course will explore the application of equitable doctrines and remedies in three broad categories:

  1. Commercial arrangements and the conscience of equity
  2. Equitable property in a commercial context
  3. quitable remedies in a commercial context

    Topics to be covered include –

    1. An overview of the nature and scope of equitable intervention in commercial dealings;
    2. The fiduciary obligations of directors, employees and partners in business arrangements;
    3. Commercially sensitive information and breach of confidence;
    4. Equitable property and commercial transactions;
    5.  Issues arising from trading trusts;
    6. Penalties and relief against forfeiture in a commercial context;
    7. Tracing and the recovery of misappropriated property;
    8. Controversies relating to specific remedies in commercial contexts;
    9. Equitable set-off; and
    10. Limitation in equity.

    Mr Sam Walpole

    Sam Walpole is currently a Legal Officer at the Australian Law Reform Commission. He was previously an Associate to the Hon Chief Justice Allsop AO of the Federal Court of Australia and to the Hon Justice Philippides of the Queensland Court of Appeal. Sam holds Bachelors of Arts and Laws (First Class Honours) degrees from the University of Queensland, from which he graduated as Law Valedictorian and with the University Medal in Law. He subsequently read for the Bachelor of Civil  Law at Wadham College, Oxford as an Oxford-Hackney Scholar, graduating with Distinction. Sam has published in a number of domestic and international journals, including the Law Quarterly ReviewLloyd’s Maritime and Commercial Law QuarterlyAustralian Journal of Corporate Law and Australian Bar Review and has interests spanning all of private and regulatory law. He has particular interests in equity, restitution, shipping, legal history and corporate law. Sam is also a Director of the UQ Law Alumni Association.


    Professor Patrick Parkinson

    Professor Patrick Parkinson is the Academic Dean and Head of School for the TC Beirne School of Law. Professor Parkinson is a specialist in family law, child protection, law and religion and the law of equity and trusts. His books include Australian Family Law in Context (7th ed, 2019), Tradition and Change in Australian Law (5th ed, 2013), Family Law and the Indissolubility of Parenthood (2011), The Voice of a Child in Family Law Disputes (with Judy Cashmore, 2008), Child Sexual Abuse and the Churches (2nd ed, 2003) and Principles of Equity (editor, 2nd ed., 2003). Professor Parkinson served from 2004-2007 as Chairperson of the Family Law Council, an advisory body to the federal Attorney- General, and also chaired a review of the Child Support Scheme in 2004-05 which led to the enactment of major changes to the Child Support Scheme. He was President of the International Society of Family Law from 2011-14. Professor Parkinson is also well-known for his community work concerning child protection. He has been a member of the NSW Child Protection Council, and was Chairperson of a major review of the state law concerning child protection which led to the enactment of the Children and Young Persons (Care and Protection) Act 1998. He also works with churches on child protection and religious freedom issues.

    In 2018, Professor Parkinson was awarded a Doctor of Laws by the University of Sydney for his book, Family Law and the Indissolubility of Parenthood (Cambridge University Press, 2011).

    Course information

    Course code
    LAWS7725

    Course profile