Overlapping Claims at Common Law and in Equity – An Embarrassment of Riches?

Overlapping claims at common law and in equity are an important part of the Australian legal system. Far from being something to be viewed as an anomaly and, if possible, resolved or eliminated, they reflect the historical truth that the legal system has for many centuries comprised overlapping bodies of law administered by different courts. This article seeks to explain why that phenomenon has occurred, to describe the extent to which it occurs, as well as to indicate its consequences for the ongoing development of legal principle