Conscience and Commerce: The Place of Equity in Commercial Law
Free Public Lecture
Federal Court of Australia
Courtroom 1 (8A), Level 8
305 William Street
For the third event in the 2017 Judges in Conversation series, the Honourable Justice Jennifer Davies (Federal Court of Australia) will be in conversation with Professor Ben McFarlane (Professor of Law at University College London) to discuss the following topic: 'Conscience and Commerce: The Place of Equity in Commercial Law'.
There is an ongoing debate, in England as well as in Australia, as to the proper role of equitable doctrines and principles in commercial law. There are indications, in the law of penalties, estoppel and remedial constructive trusts, for example, that at least some Australian courts are willing to give equity a more prominent role than their English counterparts. These and other topics may feature as we consider if equity still has a distinctive and useful role to play both in commercial law and in private law more generally.
The Honourable Jennifer Davies, Federal Court of Australia
The Honourable Jennifer Davies
Federal Court of Australia
Jennifer Davies was appointed to the Federal Court of Australia in July 2013. Prior to her appointment she was a Judge of the Supreme Court of Victoria in the trial division. Justice Davies graduated from Monash University with a Bachelor of Jurisprudence and Bachelor of Laws in 1978 and was admitted as a barrister and solicitor to the Supreme Court of Victoria in 1980. She was appointed Senior Counsel for Victoria in 2004 and while at the Bar Justice Davies practised in corporations, revenue, commercial and administrative law. She is a former President of the Tax Bar Association. Justice Davies is a Board member of the International Association of Tax Judges and a Senior Fellow at the University of Melbourne lecturing in postgraduate courses.
Professor Ben McFarlane, Professor of Law
Professor Ben McFarlane
Professor of Law
University College London
Ben McFarlane is Professor of Law at University College London. His teaching and research interests include property law, equity and trusts, unjust enrichment and commercial law. He is a Visiting Professor at Université PanthéonAssas (Paris II) and an Honorary Senior Fellow at Melbourne Law School. He is the author of *The Structure of Property Law* and *The Law of Proprietary Estoppel*. He is one of the authors of Hayton and Mitchell's Text, *Cases and Commentary on the Law of Trusts and Equitable Remedies*; of *Land Law: Text, Cases and Materials*; of *Core Text: Land Law*; and is a contributor to Snell's *Equity*. He is a member of the International Advisory Panel for the American Law Institute's Fourth Restatement: Property.