Abstract
In last year's WA Lee Lecture, Justice Michael Kirby, in his paper Equity's Australian Isolationism, criticised equity jurisprudence in Australia for its failure to follow the Canadian example in unifying the doctrines of equity and the rules of the common law particularly in relation to aspects of the fiduciary obligation and the availability of punitive damages. It is submitted that an appreciation of the fundamental values referred to as the conscience of equity affords good reason to resist the unifying tendencies apparent in the Canadian jurisprudence.
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