David Kim (Banki Haddock Fiora) has posted ‘A Turbid Admixture’: The Long Shadow of the Common Law Procedure Act 1854 (44 Adelaide Law Review 373) on SSRN. Here is the abstract:
The innovations of the pre-judicature period continue to haunt us. In the 1850s, in response to agitation for procedural fusion, reforms were introduced to allow for the grafting of equitable remedies onto common law courts and vice versa. This well-intentioned blending of jurisdiction spawned two novel remedies that are with us to this day: equitable damages and the lesser known 'common law injunction'. This article explores the Australian jurisprudence that has coalesced around the common law injunction and surveys the difficult theoretical problems that come to the fore when attempting to define its nature and scope. * BEc, LLB (Hons) (Syd); Senior Associate, Banki Haddock Fiora. The author thanks the three anonymous reviewers for their comments.
