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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - EQUITY AND COMMERICAL RELATIONSHIPS

EQUITY AND COMMERICAL RELATIONSHIPS edited by P. D. Finn, Reader in Law, Australian National University. Law Book Co. Ltd., Sydney (1987), xxvii and 316 pp., plus 4 pp. Index). Hardback Aus. $54.
In May 1984 Paul Finn organized a seminar on Equity which brought together for the first time “a group of judges, writers, practitioners and academics who, in one role or another, have contributed to fostering an understanding of Equity jurisprudence in Australia”. It is sad to reflect that such a gathering would be the rarest of events in this country, and a double-bill, held two years later, would be unthinkable! Equity and Commercial Relationships are the papers which were presented to this second seminar in May 1986, together with a commentary on each of them. These volumes are a learned testimony to the fact that in Australia there is a healthy readiness on the part of judge, practitioner and Don to learn from each other.
Some of the topics would appear to be of greater interest to Antipodeans than their more parochial English colleagues; but appearances are deceptive. Such is Mr Justice McPherson’s essay on “Joint Ventures”, which discusses “whether the American joint venture model has been, can be, or should be adopted in Australia”. This is not to say that a joint venture was unknown to the Victorian fathers of English equity. As the judge points out, they were suspicious of the conceptual antithesis between partnership and joint venture and determined the rights and duties of business associates by reference to their agreement or relationship. In his

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