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Buy custom Should the concurrent but separate obligations and remedies of common law and equity be maintained, or is there a sound basis for their fusion?

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Topic: Miscellaneous
Number of pages / Number of words: 13 / 3527
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Despite procedural amalgamation with the common law courts through the Judicature Acts, in Australia, it has not been viewed as fused in any substantive way with the common law. The early case Salt v Cooper clearly rejected such a notion when Jessl, M.R wrote, that the assimilation of the transactions in equitable and common law business under the Judicature Act of 1873 was not a fusion as some suggested but ‘the vesting in one tribunal the administration of Law and Equity in every cause, action or dispute which should come before the tribunal...


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The early case Salt v Cooper clearly rejected such a notion when Jessl, M.R wrote, that the assimilation of the transactions in equitable and common law business under the Judicature Act of 1873 was not a fusion as some suggested but ‘the vesting in one tribunal the administration of Law and Equity in every cause, action or dispute which should come before the tribunal...


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