Episode 2: The Development of Equity Through Conflict and Reform
Update: 2025-05-22
Description
Join Dr Sarah McKibbin and student co-host Jennifer Beaumont as they continue their journey through equity's fascinating evolution, exploring how a medieval court system transformed into the modern legal framework we know today.
This episode examines:
- Chancery's lasting legacy: Discover how innovations like discovery, written testimony, and trials by judge alone still shape modern litigation
- The three-pronged jurisdiction: Understand how Chancery's exclusive, concurrent, and auxiliary jurisdictions operated alongside common law courts
- A broken system: Experience the frustration of 19th-century litigants navigating multiple courts with conflicting procedures, immortalised in Dickens' Bleak House
- Revolutionary reform: Witness the most radical court restructuring in 700 years through the Judicature Acts 1873-75
- Australian variations: Learn why Queensland embraced reform immediately while NSW waited nearly a century to 'advance back to 1873'
- Practical implications: See how jurisdictional conflicts played out in real cases such as Lovell v Galloway and Lord Eldon's forgotten decisions
Perfect for understanding how historical developments continue to influence modern legal practice. The episode includes reflection points and real-world examples that bring legal history to life.
Key points
- Duration: 32:24
- Content: Suitable for legal education and professional development
- Format: Educational dialogue with historical case studies
Hosted by Dr Sarah McKibbin with student co-host Jennifer Beaumont
Produced by Dr Sarah McKibbin for the University of Southern Queensland
Post-production editing by Ben Meares
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