Private Law Theory

ABSTRACT
Australian courts should extensively assess and review their vision of restitutionary claims in the wake of the growing criticism of the Birks’ unjust enrichment four-stage formula. This criticism does not warrant the further import of notions of equity but suggests it may be time to change course and adopt a new legal doctrine. Continued judicial hesitancy of Australian courts to forge their own path with respect to restitutionary claims ultimately risks exposing Australian private law to the inadequacies exposed by the problematic UK appellate court decisions.

Peari, Sagi and Bennett, Luke, Is There a ‘Unjust Enrichment Disaster’ in Australia? (February 8, 2023).