Equitable Compensation in Australia: Principles and Problems

Remedies matter in legal disputes. Plaintiffs want to know how much they will receive if they are successful. Defendants want to know how much they will have to pay. The remedy of equitable compensation has risen to prominence in recent years, in response to breaches of trust and fiduciary duty. Yet the principles that underpin the remedy and guide calculation of quantum are little understood, even by lawyers. This book examines the history and theory of equitable compensation and establishes a methodology for calculation of quantum. Six equitable causes of action are examined. These include breach of trust, breach of fiduciary duty and breach of confidence, where the remedy is well-recognised. Three emerging jurisdictions are also discussed - undue influence, unconscientious conduct and equitable estoppel. This analysis should be of great use to both practicing and academic lawyers in all common law countries, and to professionals in the fiduciary field such as trustees, company directors, partners and agents.

Vicki J Vann, BA LLB (Hons) (Qld) LLM PhD (Monash), Lecturer, Faculty of Law, Monash University, Australia.