LAWS7835 Commercial Equity Litigation
The course will explore the application of equitable doctrines and remedies in three broad categories:
- Commercial arrangements and the conscience of equity
- Equitable property in a commercial context
- Equitable remedies in a commercial context
Topics to be covered include –
- An overview of the nature and scope of equitable intervention in commercial dealings;
- The fiduciary obligations of directors, employees and partners in business arrangements;
- Commercially sensitive information and breach of confidence;
- Equitable property and commercial transactions;
- Issues arising from trading trusts;
- Penalties and relief against forfeiture in a commercial context;
- Tracing and the recovery of misappropriated property;
- Controversies relating to specific remedies in commercial contexts;
- Equitable set-off; and
- Limitation in equity.
Mr Samuel Walpole
Samuel Walpole is a barrister practising in commercial, regulatory and public law. He has a particular interest in Admiralty and maritime, administrative, corporate and civil regulation, corporate and white collar crime, equity and trusts, financial services, insolvency and information law matters.
Samuel 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. He also worked at the Australian Law Reform Commission in the areas of Corporate Crime and Financial Services Regulation.
Samuel 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.
Samuel is an Adjunct Fellow at the University of Queensland, where he lectures in the postgraduate Commercial Equity Course. He has published in a number of domestic and international journals, including the Law Quarterly Review, Sydney Law Review, Lloyd’s Maritime and Commercial Law Quarterly, Australian Journal of Corporate Law, Australian Journal of Administrative Law, Company and Securities Law Journal, Public Law, Public Law Review and Trusts & Trustees. With two colleagues, he is also presently editing a collection of essays entitled The Law of Civil Penalties, to be published in 2023.
Samuel is also a Director of the UQ Law Alumni Association, and a Fellow of the Australian Centre for Private Law.
CPD
This course may also be taken as a CPD course or a non-award course.