Equity and Trusts

In Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014)
307 MR 512 at [12] French CJ made the following statement:

‘notions derived from equity have been worked into and become part of the
fabric of the common law.. And in light of that, Ashburners metaphors of the
common law and equity as two streams which run side by side but do not mingle
seems at odds with commonsense and the reality of equity’s influence on the
common law.’

Discuss the contemporary nature of the relationship between common law and
equity.

 

 

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