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.

    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">Wayne Martin (judge)</span> Chief Justice of Western Australia

    Wayne Stewart Martin is a lawyer and former judge who served as Chief Justice of Western Australia from 2006 until 2018, and Lieutenant-Governor of Western Australia from 2009 to 2019.

    The following is the order of precedence for Australia:

    1. The King of Australia: His Majesty King Charles III
    2. The Governor-General of Australia: Her Excellency the Hon Sam Mostyn AC
    3. The Governor of the State when within their own State.
    4. The 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. The 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. The 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: 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
    16. The Lord Mayor when within their jurisdiction
    17. 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
    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: The Hon Chris Kourakis SC
      2. Chief Justice of the Supreme Court of Tasmania: The Hon Alan Blow AO
      3. Chief Justice of the Supreme Court of the Northern Territory: Michael Grant
      4. Chief Justice of the Supreme Court of Victoria: Anne Ferguson
      5. Chief Justice of the Supreme Court of Western Australia: Peter Quinlan SC
      6. Chief Justice of the Supreme Court of New South Wales: The Hon Andrew Bell SC
      7. Chief Justice of the Supreme Court of the Australian Capital Territory: Lucy McCallum
      8. Chief Justice of the Supreme Court of Queensland: The Hon Helen Bowskill KC
    21. Australian members of the Privy Council of the United Kingdom in order of appointment:
      1. The Rt Hon Ian Sinclair AC
      2. The Rt Hon 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. The President of the Fair Work Commission: The Hon Justice Adam Hatcher SC
      2. The President of the Administrative Appeals Tribunal: The Hon Justice Emilios Kyrou AO
    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: The Rt Hon the Lord Mayor of Sydney, Councillor Clover Moore AO
      2. Lord Mayor of Melbourne: The Rt Hon the Lord Mayor of Melbourne, Councillor Sally Capp AO
      3. Lord Mayor of Brisbane: The Rt Hon the Lord Mayor of Brisbane, Councillor Adrian Schrinner
      4. Lord Mayor of Perth: The Rt Hon the Lord Mayor of Perth, Mr Basil Zempilas
      5. Lord Mayor of Adelaide: The Rt Hon the Lord Mayor of Adelaide, Dr Jane Lomax-Smith AM
      6. Lord Mayor of Hobart: The Rt Hon the Lord Mayor of Hobart, Councillor Anna Reynolds
      7. Lord Mayor of Darwin: The Rt Worshipful the Lord Mayor of Darwin, the Hon 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. 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
    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: 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
    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 Air Force: Air Marshal Robert Chipman
      2. Chief of Army: Lieutenant General Simon Stuart
      3. Chief of Navy: Vice Admiral Mark Hammond
    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

    Andrew Mark Mallard was a British-born Australian who was wrongfully convicted of murder in 1995 and sentenced to life imprisonment. Almost 12 years later, after an appeal to the High Court of Australia, his conviction was quashed and a retrial ordered. However, the charges against him were dropped and Mallard was released. At the time, the Director of Public Prosecutions stated that Mallard remained the prime suspect and that if further evidence became available he could still be prosecuted. He was released from prison in 2006 after his conviction was quashed by the High Court, and was paid $3.25 million compensation by the state government. The Western Australian Commission on Crime and Corruption investigated whether there was misconduct by any public officer associated with this case and made findings against two policemen and a senior prosecutor.

    <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">Robert French</span> Former Chief Justice of Australia

    Robert Shenton French is an Australian lawyer. He 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.

    <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.

    The UWA Law School is the law school of the University of Western Australia, located in Perth, Western Australia.

    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. ↑ 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
    Incumbent
    Assumed office
    30 January 2017
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