James Edelman

Last updated
Unjust Enrichment (2nd ed.). Bloomsbury Publishing. 2016. ISBN   9781782255628. (with Elise Bant)
  • Unjust Enrichment in Commercial Law. Lawbook Company. 2008. ISBN   978-0455225043. (with Simone Degeling)
  • Cases and Materials on the Law of Restitution (Revised ed.). Oxford University Press. 2007. ISBN   978-0199296514. (with Andrew S. Burrows and Ewan McKendrick)
  • Unjust Enrichment in Australia. Oxford University Press. 2006. ISBN   0195517199. (with Elise Bant)
  • Interest Awards in Australia. LexisNexis Butterworths. 2003. ISBN   0409318248. (with Derek Ian Cassidy)
  • Gain-Based Damages: Contract, Tort, Equity and Intellectual Property. Bloomsbury Publishing. 2002. ISBN   1847316824.
  • Gain-based Awards for Wrongs. University of Oxford. 2001.

    • Related Research Articles

    <span class="mw-page-title-main">Supreme Court of Canada</span> Highest court of Canada

    The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions and bilingual, hearing cases in both official languages of Canada.

    <span class="mw-page-title-main">High Court of Australia</span> Highest court in Australia

    The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.

    <span class="mw-page-title-main">Mary Gaudron</span> 20th and 21st-century Australian judge

    Mary Genevieve Gaudron, is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to the High Court. After her retirement in 2002, she joined the International Labour Organization, serving as the President of its Administrative Tribunal from 2011 until 2014.

    Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages, restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution.

    The following is the order of precedence for Australia:

    1. The King of Australia: Charles III
    2. The Governor-General of Australia: David Hurley
    3. Governors of states in order of appointment:
      1. Governor of New South Wales: Margaret Beazley
      2. Governor of Tasmania: Barbara Baker
      3. Governor of South Australia: Frances Adamson
      4. Governor of Queensland: Jeannette Young
      5. Governor of Western Australia: Chris Dawson
      6. Governor of Victoria: Margaret Gardner
    4. The Prime Minister: Anthony Albanese
    5. The President of the Senate and the Speaker of the House of Representatives in order of election:
      1. President of the Senate Senator: Sue Lines
      2. Speaker of the House of Representatives: Milton Dick
    6. The Chief Justice of Australia: Stephen Gageler
    7. Senior diplomatic posts:
      1. Ambassadors and High Commissioners in order of date of presentation of the Letters of Credence or Commission
      2. Chargés d'affaires en pied or en titre in order of date of presentation of the Letters of Credence or Commission
      3. Chargés d'affaires and Acting High Commissioners in order of date of assumption of duties
    8. Members of the Federal Executive Council:
      1. Ministry List
    9. Administrators of Territories in order of appointment:
      1. Administrator of Norfolk Island: Eric Hutchinson
      2. Administrator of the Northern Territory: Hugh Heggie
      3. Administrator of the Australian Indian Ocean Territories: Farzian Zainal
    10. The Leader of the Opposition: Peter Dutton
    11. Former holders of high offices:
      1. Former Governors-General in order of leaving office:
        1. William Deane (1996–2001)
        2. Peter Hollingworth (2001–2003)
        3. Quentin Bryce (2008–2014)
        4. Peter Cosgrove (2014–2019)
      2. Former Prime Ministers in order of leaving office:
        1. Paul Keating (1991–1996)
        2. John Howard (1996–2007)
        3. Kevin Rudd
        4. Julia Gillard (2010–2013)
        5. Tony Abbott (2013–2015)
        6. Malcolm Turnbull (2015–2018)
        7. Scott Morrison (2018–2022)
      3. Former Chief Justices in order of leaving office:
        1. Anthony Mason (1987–1995)
        2. Murray Gleeson (1998–2008)
        3. Robert French (2008–2017)
        4. Susan Kiefel (2017–2023)
    12. Premiers of states in order of state populations, then Chief Ministers of the territories in order of territory populations:
      1. Premier of New South Wales: Chris Minns
      2. Premier of Victoria: Jacinta Allan
      3. Premier of Queensland: Annastacia Palaszczuk
      4. Premier of Western Australia: Roger Cook
      5. Premier of South Australia: Peter Malinauskas
      6. Premier of Tasmania: Jeremy Rockliff
      7. Chief Minister of the Australian Capital Territory: Andrew Barr
      8. Chief Minister of the Northern Territory: Natasha Fyles
    13. Justices of the High Court in order of appointment:
      1. Michelle Gordon AC
      2. James Edelman
      3. Simon Steward
      4. Jacqueline Sarah Gleeson
      5. Jayne Jagot
      6. Robert Beech-Jones
    14. Senior judges:
      1. Chief Justice of the Federal Court of Australia: Debra Mortimer
      2. President of the Fair Work Commission: Adam Hatcher
    15. Chief Justices of States in order of appointment:
      1. Chief Justice of South Australia
      2. Chief Justice of Tasmania
      3. Chief Justice of Victoria
      4. Chief Justice of Western Australia
      5. Chief Justice of New South Wales:
      6. Chief Justice of Queensland
    1. Australian members of the Privy Council of the United Kingdom in order of appointment:
      1. Ian Sinclair
      2. The Rt Hon Sir William Heseltine
    2. The Chief of the Defence Force
    3. Chief Judges of Federal and Territory Courts in order of appointment
      1. Chief Justice of the Northern Territory
      2. Chief Justice of the Family Court of Australia
      3. Chief Justice of the Australian Capital Territory
    4. Members of Parliament
    5. Judges of the Federal Court of Australia and Family Court of Australia, and Deputy presidents of the Fair Work Commission in order of appointment
    6. Lord Mayors of capital cities in order of city populations:
      1. Lord Mayor of Sydney: Clover Moore
      2. Lord Mayor of Melbourne: Sally Capp
      3. Lord Mayor of Brisbane: Adrian Schrinner
      4. Lord Mayor of Perth: Basil Zempilas
      5. Lord Mayor of Adelaide: Jane Lomax-Smith
      6. Lord Mayor of Hobart: Anna Reynolds
      7. Lord Mayor of Darwin: Kon Vatskalis
    7. Heads of religious communities according to the date of assuming office in Australia
    8. Presiding officers of State Legislatures in order of appointment, then Presiding Officer of Territory Legislatures in order of appointment:
      1. Speaker of the Victorian Legislative Assembly: Colin Brooks
      2. Speaker of the Legislative Assembly of Queensland: Curtis Pitt
      3. President of the Victorian Legislative Council: Nazih Elasmar
      4. Speaker of the New South Wales Legislative Assembly: Jonathan O'Dea
      5. President of the Tasmanian Legislative Council: Craig Farrell
      6. President of the South Australian Legislative Council: John Dawkins)
      7. Speaker of the Western Australian Legislative Assembly: Michelle Roberts)
      8. President of the New South Wales Legislative Council: Matthew Mason-Cox
      9. President of the Western Australian Legislative Council: Alanna Clohesy
      10. Speaker of the Tasmanian House of Assembly: Mark Shelton
      11. Speaker of the South Australian House of Assembly: Dan Cregan
      12. Speaker of the Australian Capital Territory Legislative Assembly: Joy Burch
      13. Speaker of the Northern Territory Legislative Assembly: Ngaree Ah Kit
    9. Members of State Executive Councils in order of state populations, and then members of the Northern Territory Executive Council:
      1. Executive Council of New South Wales
      2. Executive Council of Victoria
      3. Executive Council of Queensland
      4. Executive Council of Western Australia
      5. Executive Council of South Australia
      6. Executive Council of Tasmania
      7. Executive Council of the Northern Territory
    10. Leaders of the Opposition of State Legislatures in order of state populations, then Leaders of the Opposition in Territory Legislatures in order of territory populations:
      1. Leader of the Opposition of New South Wales: Mark Speakman
      2. Leader of the Opposition of Victoria: John Pesutto
      3. Leader of the Opposition of Queensland: David Crisafulli
      4. Leader of the Opposition of Western Australia: Shane Love
      5. Leader of the Opposition of South Australia: Peter Malinauskas
      6. Leader of the Opposition of Tasmania: Rebecca White
      7. Leader of the Opposition of the Australian Capital Territory: Elizabeth Lee
      8. Leader of the Opposition of the Northern Territory: Lia Finocchiaro
    11. Judges of State and Territory Supreme Courts in order of appointment:
      1. Supreme Court of New South Wales
      2. Supreme Court of Victoria
      3. Supreme Court of Queensland
      4. Supreme Court of Western Australia
      5. Supreme Court of South Australia
      6. Supreme Court of Tasmania
      7. Supreme Court of the Northern Territory
    12. Members of State and Territory Legislatures in order of population:
      1. New South Wales Legislative Assembly and Legislative Council
      2. Victorian Legislative Assembly and Legislative Council
      3. Queensland Legislative Assembly
      4. Western Australian Legislative Assembly and Legislative Council
      5. South Australian House of Assembly and Legislative Council
      6. Tasmanian House of Assembly and Legislative Council
      7. Australian Capital Territory Legislative Assembly
      8. Northern Territory Legislative Assembly
    13. The Secretaries of Departments of the Australian Public Service and their peers and the Chiefs of the Air Force, Army, and Navy and Vice Chief of the Defence Force in order of first appointment to this group:
      1. Vice Chief of the Defence Force: Vice Admiral David Johnston
      2. Chief of Air Force: Air Marshal Robert Chipman
      3. Chief of Army: Lieutenant General Simon Stuart
      4. Chief of Navy: Vice Admiral Mark Hammond
    14. Consuls-General, Consuls and Vice-Consuls according to the date on which recognition was granted
    15. Members of the Australian Capital Territory Legislative Assembly
    16. Recipients of Decorations or Honours from the Sovereign
    17. Citizens of the Commonwealth of Australia
    <span class="mw-page-title-main">Andrew Burrows, Lord Burrows</span> British judge (born 1957)

    Andrew Stephen Burrows, Lord Burrows, is a Justice of the Supreme Court of the United Kingdom. His academic work centres on private law. He is the main editor of the compendium English Private Law and the convenor of the advisory group that produced A Restatement of the English Law of Unjust Enrichment as well as textbooks on English contract law. He was appointed to the Supreme Court of the United Kingdom on 2 June 2020. As Professor of the Law of England, University of Oxford and senior research fellow at All Souls College, Oxford at the time of his appointment, he was the first Supreme Court judge to be appointed directly from academia.

    <span class="mw-page-title-main">Susan Kiefel</span> Australian judge (born 1954)

    Susan Mary Kiefel is an Australian lawyer and barrister who was the 13th Chief Justice of Australia from 2017 to 2023. She concurrently served on the High Court of Australia from 2007 to 2023, previously being a judge of both the Supreme Court of Queensland and the Federal Court of Australia. Kiefel is the first woman to serve in the position of Chief Justice.

    <span class="mw-page-title-main">Virginia Bell (judge)</span> Australian judge

    Virginia Margaret Bell is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. She was sworn in on 3 February 2009, and retired on 28 February 2021.

    <span class="mw-page-title-main">Robert French</span> Former Chief Justice of Australia

    Robert Shenton French is an Australian lawyer and judge who served as the twelfth Chief Justice of Australia, in office from 2008 to 2017. He has been the chancellor of the University of Western Australia since November 2017.

    Patrick Anthony Keane is the 11th non-permanent international judge of the Hong Kong Court of Final Appeal since 15 March 2023, after his retirement as a Justice of the High Court of Australia. He is currently the Chair of the Expert Advisory Group set up by the Australian Government to guide reforms to the Administrative Appeals Tribunal. He is a former Chief Justice of the Federal Court of Australia.

    Peter Michael Jacobson is a retired Judge of the Federal Court of Australia, having served from 17 June 2002 until 24 January 2015. He was in practice as a barrister before his appointment to the bench, practicing extensively in trade practices, commercial law, and equity. In May 1979 he was admitted to the NSW Bar Association.

    <span class="mw-page-title-main">Stephen Gageler</span> Chief Justice of Australia since 2023

    Stephen John Gageler is an Australian judge and former barrister. He has been a Justice of the High Court of Australia since 2012 and was appointed Chief Justice of Australia in 2023. He previously served as Solicitor-General of Australia from 2008 to 2012. He is a graduate of the Australian National University and Harvard Law School and was a barrister in private practice before his appointment as solicitor-general.

    Geoffrey Arthur Akeroyd Nettle is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy, who served from 3 February 2015 to 30 November 2020. Prior to his appointment to the High Court, he served as a judge at the Court of Appeal, Supreme Court of Victoria, where he presided from June 2004 to 2015.

    A Restatement of the English Law of Unjust Enrichment is a legal treatise by Andrew Burrows, written in collaboration with an advisory group of academics, judges and practitioners. The treatise takes the form of a restatement that is akin to the American Law Institute's highly influential Restatements of the Law. Restatements are very rare in common law jurisdictions other than the United States.

    Peter Donald Blaxell is a retired justice of the Supreme Court of Western Australia. He was appointed to the Supreme Court bench on 2 February 2005 and retired on 25 February 2011. Before his appointment as a Supreme Court justice, Blaxell was a judge of the District Court of Western Australia for 14 years, having joined that court in February 1991. From December 2012 to January 2016, he was the chair of the Perth Theatre Trust. He is the brother of Tom Blaxell.

    Hon. Edward Arthur Dunphy was a justice within the Australian federal court system.

    References

    1. 1 2 3 "Appointments to the Federal Judiciary". Attorney-General's Department (Australia). 11 December 2014. Archived from the original on 28 February 2017. Retrieved 3 September 2015.
    2. 1 2 3 "Ceremonial Sitting of the Full Court for the Swearing In and Welcome of the Honourable Justice Edelman". Federal Court of Australia. 20 April 2015. Retrieved 3 September 2015.
    3. ↑ Constitution of Australia, section 72.
    4. 1 2 3 4 5 6 7 "Welcome to the Honourable Justice Edelman: Transcript of Proceedings" (PDF). Supreme Court of Western Australia. 25 July 2011. pp. 2–3. Retrieved 3 September 2015.
    5. 1 2 "Biography of Justice Edelman". Federal Court of Australia. 2015. Archived from the original on 19 September 2015. Retrieved 3 September 2015.
    6. 1 2 "Patrons of the Journal". 28 October 2014. Archived from the original on 11 September 2015. Retrieved 3 September 2015.
    7. 1 2 Rickard, Lucy (25 July 2011). "Our youngest ever judge holds court" . Retrieved 3 September 2015.
    8. ↑ "Ceremonial Sitting of the Full Court to Farewell the Honourable Justice Jacobson". 12 December 2014. Retrieved 3 September 2015.
    9. ↑ Chan, Gabrielle (29 November 2016). "Susan Kiefel becomes first female high court chief justice". The Guardian. Retrieved 29 November 2016.
    10. ↑ Nethercote, J. R. (30 January 2017). "Ringing in the changes at the High Court". The Sydney Morning Herald. Retrieved 30 January 2017.
    11. ↑ Levi, Joshua (1 December 2016). "Judge and Jewry". Australian Jewish News. Archived from the original on 28 July 2019. Retrieved 28 July 2019.
    The Honourable Justice
    James Edelman
    Justice of the High Court of Australia
    Assumed office
    30 January 2017
    International
    National
    Other
    This page is based on this Wikipedia article
    Text is available under the CC BY-SA 4.0 license; additional terms may apply.
    Images, videos and audio are available under their respective licenses.