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LAW3111 - Equity - S1 2026

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In a breach of fiduciary duty claim giving rise to an account of profits, the errant fiduciary has sought to reduce their liability on the basis of an allowance, claiming to have deployed their:

(i) expertise.

(ii) financial contributions.

(iii) effort.

(iv) skill.

The court will recognise:

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Damages under s 38 of the Supreme Court Act 1986 (Vic) are:

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The injunction was granted in Lumley v Wagner

because

there was a negative stipulation in Wagner’s contract, preventing her from singing

elsewhere.

 
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In Michael Wilson & Partners v Nicholls, the High Court held that:

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Equity demands that an errant fiduciary can only be required to account for profits they have actually earned, recognised and accrued.

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A plaintiff who seeks an urgent interlocutory injunction on an ex parte basis:

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When seeking equitable compensation in respect of a custodial breach, a plaintiff must show causation on a common-sense basis.

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In Australian Broadcasting Corporation v Lenah Game Meats, the majority of the High Court held than an injunction, whether interlocutory or final, may be granted so long as the defendant’s wrong involved conduct which would be regarded in equity as itself unconscionable.

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In McKenzie v McDonald

[1927] VLR 134, which principle most

accurately explains why rescission was available despite restitution to the

original position not being available, i.e. the transfer of the farm back to

Mrs. McKenzie was impossible?

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In Pilmer v Duke Group, the High Court recognised that the doctrine of contributory negligence:

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