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Mr David Wright

Telephone +61 8 8313 4447
Position Senior Lecturer
Email david.wright@adelaide.edu.au
Fax +61 8 8313 4344
Building Ligertwood Building
Floor/Room 2 19
Campus North Terrace
Org Unit Law School

To link to this page, please use the following URL:
http://www.adelaide.edu.au/directory/david.wright

Biography/ Background

David Wright is Associate Dean of Law (International), University of Adelaide Law School.  He has been a Visiting Professor, University of Tokyo and Visiting Research Scholar, Kings’ College London.  He is a senior lecturer at the University of Adelaide.  He is admitted as a barrister in the Supreme Court of South Australia, the Supreme Court of the Northern Territory, the Supreme Court of Tasmania, the Federal Court and the High Court, as well as a solicitor in NSW.  He holds an undergraduate law degree with Honours from the University of Sydney and a postgraduate degree from University of British Columbia.  Most of his research involves either Equity and/ or Remedies.  He is the title editor of the Equity volumes in the Laws of Australia.  Additionally, David is the editor of the Australian Succession and Trusts Law Reports.  He has written three books (with another forthcoming), several book chapters and numerous articles.  His work has been cited by the High Court and the full Federal court, as well as being cited by leading legal books.  Before joining the Law School David taught at the University of Sydney, was employed by the NSW Law Reform Commission and worked at the multi-national law firm of Blake, Dawson.

 

Qualifications

Master of Laws - The University of British Columbia

Bachelor of Laws (Hons) - The University of Sydney

Bachelor of Economics - The University of Sydney

Teaching Interests

Equity

Remedies

Commercial Equity

Research Interests

Equity (including Trusts)

Remedies

Property

 

Publications

Books

 

The Remedial Constructive Trust.

 

Butterworths Tutorial Series Land Law 1st and 2nd edition

 

Australian Remedies  (forthcoming).

Book Chapters

“Highlighting Inconsistency: The Declaration as a Remedy in Administrative Law and International Human Rights Standards” (with Wendy Lacey) in Chris Finn (ed) Shaping Administrative Law for the Next Generation: Fresh Perspectives (Australian Institute of Administrative Law Inc, 2005) 27 pages

“Rectification”, in Parkinson (ed), The Principles of Equity  (2nd ed, Law Book Co, Sydney, 2002)-20 pages.

“Equity and Property”, (with Professor Patrick Parkinson) in Parkinson (ed), The Principles of Equity  (2nd ed, Law Book Co, Sydney, 2002)-38 pages.

“The Place of the Equitable Lien As A Remedy”, in Cooke (ed), Modern Studies in Property Law (Hart Publishing, Oxford, 2001)-18 pages

“Waiver and Estoppel”, in Waye (ed), A Guide to Arbitration Practice in Australia (Adelaide University and the Institute of Arbitrators & Mediators, Adelaide, 2001)-32 pages

“The Remedial Constructive Trust and Insolvency”, in Rose (ed), Restitution and Insolvency (Mansfield Press, London, 2000)-13 pages

“Remedial Aspects of Equitable Property”, in Jackson and Wilde (ed), Current Issues in Property (Dartmouth Press, London, 1999)-27 pages

“Rectification”, in Parkinson (ed), The Principles of Equity  (Law Book Co,      Sydney, 1996)-19 pages.

“Equity and Property”, (with Professor Patrick Parkinson) in Parkinson (ed), The Principles of Equity  (Law Book Co, Sydney, 1996)-33 pages.

“Real Property”, in An Annual Survey of Australian Law 1994, (Adelaide Law Review Association, Adelaide, 1995)-40 pages.

 

 

Refereed Publications

 

“The Rise of s. 87 damages?” (2006) 28 Australian Bar Review 88-104

“Proprietary Remedies and Commercial Contexts: The North American Experience of Considering the Interests of Third Parties” (2003) 22 University of Tasmania Law Review 52-88

“Discretion with Common Law Remedies” (2002) 23 Adelaide Law Review 243-275

“Privacy, Injunctions and Possums: An Analysis Of The High Court’s Decision In Australian Broadcasting Corporation v. Lenah Game Meats”, (with Greg Taylor), (2002) 26 Melbourne University Law Review 707-735

“Mareva Orders as Part of the Emerging New Law of Remedies” (2001) 20 University of Tasmania Law Journal 98-127

“Monetary Remedies Under the Trade Practices Act” (2002) 22 Australian Bar Review 39-62

“Wrong and Remedy: A Sticky Relationship” [2001] Singapore Journal of Legal Studies 300-324

“The Role of Equitable Remedies in the Merging of Private and Public Law” (2001) 12 Public Law Review 40-50

“Restitutionary Damages - The Unnecessary Remedy?” with Sam Doyle (2001) 25 Melbourne University Law Review 1-26.  Cited by the High Court of Australia in Roxborough v Rothmans of Pall Mall Australia Limited at paragraph 74, footnote [82].

“Proprietary Remedies And The Role of Insolvency” (2000) 23 University of New South Wales Law Journal 143-160

Giumelli, Estoppel and The New Law of Remedies” [1999] Cambridge Law Journal pp 476-478.

“Professor Birks and the Demise of the Remedial Constructive Trust” [1999] Restitution Law Review pp 128-136. Cited by the High Court of Australia in Roxborough v Rothmans of Pall Mall Australia Limited at paragraph 74, footnote [82].

“The Statutory Trust, the Remedial Constructive Trust and Remedial Flexibility” (1999) 14 Journal of Contract Law pp221-239

“The Rise Of Non-Consensual Subrogation” (1999) 63 The Conveyancer and Property Lawyer pp113-125

“Trial Strategy When Selecting a Remedy From the Remedial Smorgasbord” with Vicki Waye (1998) 17 Australian Bar Review pp263-280

Polly Peck (No.2)-Getting it Right (Possibly) for the Wrong Reasons (Definitely)” (1998-1999) 9 Kings College Law Journal pp140-144

“Fiduciaries, Rescission and The Recent Change to the High Court's Equity Jurisprudence” (1998) 13 Journal of Contract Law pp 166-178, cited by the High Court of Australia in Pilmer v Duke Group Limited (in liq) (2001) 75 ALJR 1067, paragraph [150], footnotes 274 and 275.

"Rectification For Unilateral Mistake" (1996) 4 Australian Property Law Journal pp152-156.

“The Continued Relevance of Divisions in Equitable Interests to Real Property” (1995) 3 Australian Property Law Journal pp163-179.

“Forgery and the Real Property Act 1886 (SA)” (1994) 16 Adelaide Law Review pp 227-243.

“Lessee’s Right to Recover From the Assignee” (1994) 2 Australian Property Law Journal pp 235-244.

K v R   (1992) 16 Criminal Law Journal pp 269-271.

Towner    (1992) 16 Criminal Law Journal pp 116-117.

Zappala   (1992) 16 Criminal Law Journal pp 190-192.

Schlaefer  (1992) 16 Criminal Law Journal pp 433-436.

Astill  (1993) 17 Criminal Law Journal pp 106-109.

Reynolds  (1993) 17 Criminal Law Journal pp 130-134.

 

Other Articles

“Crown Immunity and Baxter” in the October 2006 issue of South Australian Law Society Bulletin

“Relief from Contract Penalties” in the March 2006 issue of South Australian Law Society Bulletin,

“Unconscionability under the ASIC Act and the Trade Practises Act” in the April 2006 issue of South Australian Law Society Bulletin,

“Foster v ACCC-The Expansive Reach of the TPA Injunction” in the May 2006 issue of South Australian Law Society Bulletin

“Liability Under The Trade Practices Act” in the June 2006 issue of South Australian Law Society Bulletin. 

“Proprietary Remedies in a Commercial Context: the North American Experience” (2004) 1 University of Tokyo Journal of Law and Politics 94-107.

“The 106th Comparative Law And Politics Seminar-A Comment on UK Trust Law Reform from an Australian Perspective” (2001) 4 International Center for Comparative Law & Politics75-76

“The Remedial Constructive in New Zealand” (1998) 4 New Zealand Business Law Quarterlypp225-231.

“Trusts Involving Enforceable Promises” (1996) ALJ 911-924, referred to as “thought provoking” by Burchett J in the Full Federal Court decision of US Trust of New York v Master of Ionian (1997) 77 FCR 563 at 595.  This article was republished in (1997) 3 Trusts & Trustees (Issue 5) pp 8-15.

“Forgery and the Real Property Act...The Saga Continues” (March 1995) 17 Law Society Bulletin pp 18-20.

“Does the Registered Proprietor Have A Caveatable Interest?” (1995) 69 Australian Law Journal pp 935-939.

Editorial Work

 

Editor of the Australian Succession and Trusts Law Reports

Updating “Compensation and Damages” in Wright (ed) Equity in Laws of Australia (LBC Information Services, Sydney, 2007)-24 pages

Updating “Deliver Up and Cancellation” in Wright (ed) Equity in Laws of Australia (LBC Information Services, Sydney, 2007)-7 pages

Updating “Fiduciaries” in Wright (ed) Equity in Laws of Australia (LBC Information Services, Sydney, 2007)-72 pages

Updating “History and Nature of Equity” and "Delivery Up and Cancellation", in Parkinson (ed), Equity in Laws of Australia (LBC Information Services, Sydney, 2003)-57 pages

Title Editor of Equity volumes in Laws of Australia (LBC Information Services, Sydney, 2003 - )-2 volumes

Updating “History and Nature of Equity” and "Delivery Up and Cancellation", in Parkinson (ed), Equity in Laws of Australia (LBC Information Services, Sydney, 1996)-55 pages

"Delivery Up and Cancellation", in Parkinson (ed), Equity in Laws of Australia (LBC Information Services, Sydney, 1996)-11 pages.

 

 

Conference Papers, Presentations, Work With the Profession and Membership of Professional Associations

 

Personally invited to make submission on the Senate’s Review of the Trade Practices Act concerning the need for a statutory definition of unconscionable conduct, 6 page invited submission, submitted on the 6th October 2008  

Personally invited to make submission on the Review of the Fair Trading Act, 25 page invited submission, submitted on the 5th June 2008

Presentation of “Remedies Generally under the TPA”, a paper given Law Society of South Australia conference on the Trade Practices Act, presented on the 22nd of May 2008

Presentation of “The Crown and Remedies”, a paper given to the second international conference on remedies, at the University of Auckland, presented on the 16th November 2007

Presentation of “If it ain’t broke, don’t fix it; Australian Consumer Protection Law in the 21st Century”, a paper given to the Law Council of Australia Trade Practices Act workshop, presented on 11th of August 2007

Presentation of “Contractual Remedies”, a three hour series of lectures given to the Commercial Section, Crown Solicitors’ Office, presented on 4th and 9th June 2007

Completion of the 2006 SABA Bar Readers’ Course

Barrister admitted in South Australia, the Northern Territory, Tasmania, all Federal Courts in Australia, the High Court of Australia

Solicitor admitted in South Australia, New South Wales, Tasmania, all Federal Courts in Australia, the High Court of Australia

Practised as a fulltime barrister for all of 2006 in South Australia, appearing in the Federal Court, the Supreme Court of South Australia, and the District Court of South Australia

Membership of the Business Law Section of the Law Council of Australia (2006 -)

Member of the Adelaide Sub-Committee on the Trade Practices Act (2006 -)

Presentation of “What is the Relevance of the TPA Obligation that Has Been Breached Upon the Remedy that is Ordered?” to the South Australian Law Society on July 7th 2006. 

Presentation of “Non-Monetary Remedies Under The Trade Practices Act” to the Law Society of South Australia, 7th April 2004

Course Presentation of an intensive course (total of 40 hours) on “Remedies Under the Trade Practices Act” from February 9th to February 18th

Presentation of “Monetary Remedies Under The Trade Practices Act” to the Law Society of South Australia, 3rd December 2003

Presentation of “Recent Developments in Equitable Compensation” to the Law Society of South Australia, 23rd July 2003

Presentation of “Proprietary Remedies in a Commercial Context – The North American Experience” to the 140th Comparative Law and Politics Seminar to the Faculty of Law, the University of Tokyo, 28th January 2003

Presentation of “Understanding the Law of Obligations in the Twenty First Century: The Impact of Legislation on the Law of Obligations Via Remedies” at “The Law of Obligations” conference at the University of Melbourne 21st February 2002

Presentation of “A Comment on UK Trust Law Reform from an Australian Perspective” to the 106th Comparative Law and Politics Seminar to the Faculty of Law, the University of Tokyo, 13th June 2001

Presentation of “The Remedial Constructive Trust In Australia” to the Faculty of Law, University of Hong Kong, 6th June, 2001.

Consultant to the Adelaide Law firm Fisher Jeffries on the High Court appeal in the very important case of The Duke Group Limited (In Liquidation) v Pilmer & Others

“The Law of Remedies”, a five hour series of lectures given to the Adelaide law firm Fisher Jeffries, presented on 6th and 13th October 2000

“The Place of the Equitable Lien As A Remedy”, presented at the University of Reading, United Kingdom on 23-24th March 2000, at “Property 2000” conference hosted by the Centre for Property Law

“The Role of Insolvency With Proprietary Remedies”, presented at King’s College London, 22 March 2000

“The Remedial Constructive Trust and Insolvency”, presented at the University of Leeds, 14 September 1999 at the Society of Public Teachers of Law Conference

“The New Law of Remedies”, presented at the University of Melbourne, 28 August 1999 at a Remedies Teachers’ Conference

“The Remedial Smorgasbord and the Death of Hierarchy”, presented at Flinders University, 15 September 1998

“Remedial Aspects of Equitable Property”, presented at the University of Reading, United Kingdom on 25-27th March 1998, at “Current Issues in Property” conference hosted by the Centre for Property Law

“Rescission and the New (Old?) High Court - The Demise of Unconscionability?”, presented on 3rd March 1998 at the Hilton Hotel, Adelaide for the University of Adelaide’s Continuing Legal Education. 34 pages.

"The Remedial Constructive Trust In Australia-A Comparison With Canada", presented to the Faculty of Law, University of Victoria, Canada on 14th November 1996.  27 pages.

"Choosing Between Various Proprietary Remedies", presented at a staff seminar, within the Faculty of Law, University of Melbourne on 31st July 1996. 31 pages.

"Limits on the Remedial Constructive Trust", presented to Australasian Law Teachers Association, 11th July 1996. 22 pages.

"Recent Developments in Equitable Developments", presented on 26th March 1996 at the University of Adelaide for Continuing Legal Education. 49 pages.

“Equitable Interests In Real Property-Divisions In Equitable Interests and Their Continued Relevance To Real Property”, presented on 8th July 1995 at Bond University for the Real Property Law Teachers Conference.  Published in the conference proceedings.  49 pages.

“Principles and Problems In The Use Of Trusts”, presented on 12th May 1993 at CPA House Adelaide for the Masters Trusts Conference.  Published in the conference proceedings.  27 pages.

 

Book Reviews

Edelman, Gain-Based Damages (2003) 19 Journal of Contract Law 101-104.

Burrows, Understanding the Law of Obligations: Essays on Contract, Tort and Restitution (1998) 20 Adelaide Law Review pp369-373.

Bruce and McCoy (ed) Mabo: A Judicial Revolution” (1993) 15 Adelaide Law Review pp 297-300.

 

Professional Associations

Law Council of Australia-member

South Australian Bar Association-member

Entry last updated: Friday, 26 Feb 2016

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