Arbitration / Mediation / Litigation

Interest Awards in Australia

Edited by Edelman, J · Cassidy QC, D
LexisNexis Australia February 2003

Specifications

ISBN-13
9780409318241
Publisher
LexisNexis Australia
Publication
February 2003
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

This book is the first comprehensive analysis of the law of interest awards, an area with immense importance to litigation, which can double, or even triple the sum awarded by the court. It is unique in that it combines the work of two authors who have each concentrated on separate aspects of the subject with much cross-fertilisation and cross-referencing between the two parts.

Part One, written by Dr James Edelman, develops and explains the theory behind the award of interest, and particularly compound interest, by courts of equity and common law pursuant to express and implied agreements, in actions for tort, breach of contract, equitable wrongs and unjust enrichment. Part Two, written by Derek Cassidy QC, deals with interest awards pursuant to statutory provisions, both constituent provisions of the various courts and those in statutes, which deal with particular subjects, for example, insurance claims. It provides practical guidance through these provisions and answers some the difficult questions they raise. Together the two parts of 'Interest Awards in Australian' will serve as an indispensable guide for all legal practitioners

Table of Contents

* Torts and Intellectual Property Wrongs
* Breach of Contract and Estoppel
* Equitable Wrongs
* Breach of Trust
* Unjust Enrichment
* Agreed Interest
* Pre-judgement Statutory Interest - General Statutes
* Post-judgement Statutory Interest
* Particular Statutes
* Commonwealth Courts and Statutes
* State and Territory Courts and Statutes
* Particular Issues
* Statutes, Rules and Regulations
* Precedents

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