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">High Court of Australia</span> Apex court of Australia

    The High Court of Australia is the apex court of the Australian legal system. 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.

    <span class="mw-page-title-main">Duncan Kerr</span> Australian politician

    Duncan James Colquhoun Kerr is a barrister. He is a former justice of the Federal Court of Australia. He also served as President of the Administrative Appeals Tribunal from 2012 to 2017.

    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.

    <span class="mw-page-title-main">Kenneth Hayne</span> Australian judge

    Kenneth Madison Hayne is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy.

    Catherine Ena "Cate" Holmes is a retired Australian jurist who served as Chief Justice of the Supreme Court of Queensland, the highest ranking court in the Australian state of Queensland. She was appointed to the Supreme Court of Queensland in 2000, to the Queensland Court of Appeal in 2006 and appointed chief justice on 11 September 2015. She retired on 19 March 2022.

    The following is the order of precedence for Australia:

    1. King of Australia: King Charles III
    2. Governor-General of Australia: Sam Mostyn
    3. Governor of the State when within their own State.
    4. Governors of the other 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
    5. When within the Northern Territory, the Administrator of the Northern Territory: Hugh Heggie
    6. Prime Minister: Anthony Albanese
    7. When within their own State or Territory, the Premier of the State or the Chief Minister of the Territory
    8. 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
    9. Chief Justice of Australia: Stephen Gageler
    10. 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 ad interim and Acting High Commissioners in order of date of assumption of duties
    11. Members of the Federal Executive Council under summons :
      1. Ministry List
    12. The Administrator of the Northern Territory: Hugh Heggie
    13. The Leader of the Opposition: Peter Dutton
    14. 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)
        5. David Hurley (2019-2024)
      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)
    15. 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: David Crisafulli
      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
    16. The Lord Mayor when within their jurisdiction
    17. Justices of the High Court in order of appointment:
      1. Michelle Gordon
      2. James Edelman
      3. Simon Steward
      4. Jacqueline Sarah Gleeson
      5. Jayne Jagot
      6. Robert Beech-Jones
    18. Senior judges:
      1. Chief Justice of the Federal Court of Australia: Debra Mortimer
      2. Chief Justice of the Federal Circuit Court of Australia : Will Alstergren
      3. Chief Judge of the Federal Circuit and Family Court of Australia : Jointly held with the above by Will Alstergren
    19. The Chief Justice of the Supreme Court of the (Australian) jurisdiction
    20. The other Chief Justices of the Supreme Courts of the States and Territories in order of appointment :
      1. Chief Justice of the Supreme Court of South Australia: Chris Kourakis
      2. Chief Justice of the Supreme Court of the Northern Territory: Michael Grant
      3. Chief Justice of the Supreme Court of Victoria: Anne Ferguson
      4. Chief Justice of the Supreme Court of Western Australia: Peter Quinlan
      5. Chief Justice of the Supreme Court of New South Wales: Andrew Bell
      6. Chief Justice of the Supreme Court of the Australian Capital Territory: Lucy McCallum
      7. Chief Justice of the Supreme Court of Queensland: Helen Bowskill
      8. Chief Justice of the Supreme Court of Tasmania: Chris Shanahan
    21. Australian members of the Privy Council of the United Kingdom in order of appointment:
      1. Ian Sinclair
      2. Sir William Heseltine
    22. The Chief of the Defence Force
    23. Chief Judges of State and Territory Courts in order of their appointment to any of their respective jurisdictions' courts
    24. Members of Parliament
    25. Presidents of Federal Tribunals:
      1. President of the Fair Work Commission: Adam Hatcher SC
      2. President of the Administrative Appeals Tribunal: Emilios Kyrou
    26. Other Judges of Federal, State and Territory Courts in order of their appointment to any of their respective jurisdictions' courts
    27. Lord Mayors of capital cities in order of city populations:
      1. Lord Mayor of Sydney: Councillor Clover Moore
      2. Lord Mayor of Melbourne: Councillor Nicholas Reece
      3. Lord Mayor of Brisbane: Councillor Adrian Schrinner
      4. Lord Mayor of Perth: Basil Zempilas
      5. Lord Mayor of Adelaide: Dr Jane Lomax-Smith
      6. Lord Mayor of Hobart: Councillor Anna Reynolds
      7. Lord Mayor of Darwin: Lord Mayor of Darwin, Kon Vatskalis
    28. Heads of religious communities according to the date of assuming office in Australia
    29. The Presiding Officer(s) of the State Legislature when in their own jurisdiction.
    30. Presiding officers of the other State Legislatures in order of appointment, then Presiding Officer of Territory Legislatures in order of appointment:
      1. President of the Tasmanian Legislative Council: Craig Farrell
      2. Speaker of the Western Australian Legislative Assembly: Michelle Roberts)
      3. President of the Western Australian Legislative Council: Alanna Clohesy
      4. President of the South Australian Legislative Council: Terry Stephens
      5. Speaker of the Victorian Legislative Assembly: Maree Edwards
      6. President of the Victorian Legislative Council: Shaun Leane
      7. President of the New South Wales Legislative Council: Ben Franklin
      8. Speaker of the New South Wales Legislative Assembly: Greg Piper
      9. Speaker of the South Australian House of Assembly: Leon Bignell
      10. Speaker of the Tasmanian House of Assembly: Michelle O'Byrne
      11. Speaker of the Northern Territory Legislative Assembly: Robyn Lambley
      12. Speaker of the Australian Capital Territory Legislative Assembly: Mark Parton
      13. Speaker of the Legislative Assembly of Queensland: Pat Weir
    31. The members of the particular State Executive Council under summons, then the Members of the other State Executive Councils in order of state populations, and then the Ministers of the Australian Capital Territory 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. Ministers of the Australian Capital Territory
      8. Executive Council of the Northern Territory
    32. The Leader of the Opposition of the particular State, and then 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: Brad Battin
      3. Leader of the Opposition of Queensland: Steven Miles
      4. Leader of the Opposition of Western Australia: Shane Love
      5. Leader of the Opposition of South Australia: Vincent Tarzia
      6. Leader of the Opposition of Tasmania: Dean Winter
      7. Leader of the Opposition of the Australian Capital Territory: Leanne Castley
      8. Leader of the Opposition of the Northern Territory: Selena Uibo
    33. Members of the Federal Executive Council not under summons
    34. Members of the particular State or Territory legislature, and then 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
    35. The Secretaries of Departments of the Australian Public Service and their peers and the Chiefs of the Air Force, Army, and Navy in order of first appointment to this group:
      1. Chief of Army: Lieutenant General Simon Stuart
      2. Chief of Navy: Vice Admiral Mark Hammond
      3. Chief of Air Force: Air Marshal Stephen Chappell
    36. Consuls-General, Consuls and Vice-Consuls according to the date on which recognition was granted
    37. Recipients of Decorations or Honours from the Sovereign, specifically Decorations or Honours which are at or above the Knight Bachelor or above, and precedence being established according to the Australian honours order of wearing, and, where two people hold the same decoration or honour, according to the date on which the award was announced
    38. Citizens of the Commonwealth of Australia

    Kevin Fredrick O'Leary QC was the second Chief Justice of the Supreme Court of the Northern Territory. He was appointed to that position on 12 September 1985 after James Muirhead had acted in the position following the relocation to Perth of the Territory's first Chief Justice William Forster earlier that year.

    <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">Richard Blackburn</span> Australian judge

    Sir Richard Arthur Blackburn was an Australian judge, prominent legal academic and military officer. He became a judge of three courts in Australia, and eventually became chief justice of the Australian Capital Territory. In the 1970s he decided one of Australia's earliest Aboriginal Land rights cases. The annual Sir Richard Blackburn Memorial lectures in Canberra commemorate his service to the Australian legal community.

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

    Robert Shenton French is a former judge of the Federal Court of Australia and was Chief Justice of the High Court of Australia from 2008 to 2017. In 2017 French became an overseas non-permanent judge of the Hong Kong Court of Final Appeal, and was appointed chancellor of the University of Western Australia.

    Patrick Anthony Keane is an Australian judge currently serving as a non-permanent judge of the Hong Kong Court of Final Appeal since 6 April 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.

    Christine Ann Wheeler is a former judge in the Supreme Court of Western Australia, from 1996 to 2005. From 2005 to 2010, she was an inaugural judge of the Court of Appeal. She retired from the Supreme Court on 25 February 2010.

    Mark Samuel Weinberg is a former judge of the Court of Appeal of the Supreme Court of Victoria, serving from July 2008 to May 2018. He is a former judge of the Federal Court of Australia who served from July 1998 to July 2008.

    <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.

    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. ↑ Mallard v R, 15 November 2005, retrieved 28 August 2024
    7. 1 2 "Patrons of the Journal". 28 October 2014. Archived from the original on 11 September 2015. Retrieved 3 September 2015.
    8. 1 2 Rickard, Lucy (25 July 2011). "Our youngest ever judge holds court" . Retrieved 3 September 2015.
    9. ↑ "Ceremonial Sitting of the Full Court to Farewell the Honourable Justice Jacobson". 12 December 2014. Retrieved 3 September 2015.
    10. ↑ Chan, Gabrielle (29 November 2016). "Susan Kiefel becomes first female high court chief justice". The Guardian. Retrieved 29 November 2016.
    11. ↑ Nethercote, J. R. (30 January 2017). "Ringing in the changes at the High Court". The Sydney Morning Herald. Retrieved 30 January 2017.
    12. ↑ "The Honourable James Joshua EDELMAN". Australian Honours Search Facility. Retrieved 25 January 2025.
    13. ↑ 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
    AC
    Justice of the High Court of Australia
    Incumbent
    Assumed office
    30 January 2017
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