Common Law in the Age of Statutes: The Equity of the Statute

An insightful analysis of the modern intersection of legislation and the common law

Select a format

ISBN/ISSN: 9780409341300
Release Date: August 01, 2015
In Stock
AUD$ 97.00
ISBN/ISSN: 9780409341317
Release Date: August 01, 2015
AUD$ 97.00

Product description

This topical book provides an insightful analysis of the increasing prominance of the statute in Australia’s inherited common law system. It examines the integration of the two sources of law, with specific reference to the operation of claims for damages under the two sources of law and the concept of the equity of the statute. The author addresses how the common law can develop in the current environment and discusses the modern relationship between legislation and judge-made law.

Two interlinked themes are presented. First, as most new law is sourced from statute, an understanding of the law of obligations is incomplete without a consideration of how statute is affecting traditional legal obligations. The example of damages under the Australian Consumer Law is analysed in detail. The statutory regime has the potential to render irrelevant significant parts of the traditional law of contract, tort and equity, which traditionally have had detailed remedial schemes. This potential will be examined in the book. The second theme is an investigation of the unification of private and public law and the important role that the Equity of the Statute (via statutory interpretation and analogical reasoning) can play in this development.

This book will be of particular relevance to legal practitioners, courts and anyone faced with managing legal matters in the current legal environment, for whom a deep knowledge of the interrelationship of the two sources can inform their approach to private law remedies. It will also engage researchers, legal theorists, scholars and anyone interested in the modern operation of the Australian legal system.


  • Accessible treatment of complex structure of Australia’s modern legal system
  • Highlights the role of statutory interpretation in the common law system
  • Offers guidance as to assessment of appropriate remedies

Related Title

Pearce & Geddes, Statutory Interpretation in Australia, 8th ed, 2014


Featured Authors

Table of contents

Part I Introduction

Chapter 1 The Scope and Purpose of this Book

Part II Current operation of the common law and statutes — oil and water

Chapter 2 Very limited interaction of common law and statutes

Part III The current operation of the legal system — a comparative example

Chapter 3 Damages under the Australian Consumer Law and at common law

Chapter 4 Main points of difference

Part IV The impact of legislation on private law

Chapter 5 Two impacts identified

Chapter 6 The first effect — the ACL and causes of action

Chapter 7 The second effect — remedial effects of the ACL

Chapter 8 Conclusion and caution on the effect of ACL upon the common law

Part V Unification and the equity of the statute — statutory interpretation and analogical reasoning

Chapter 9 The equity of the statute doctrine

Chapter 10 Statutory Interpretation — direct impact

Chapter 11 The analogical use of statutes — the indirect effect

Part VI Conclusion

Chapter 12 Putting it all together