What is the doctrine of laches?

Article Summary

Equity separates what is morally right and wrong (in the eyes of Australian law) from what is legally right and wrong.

When you make an equitable claim, you claim to the court under the principle of equity (as distinct from a legal claim).

A defence to an equitable claim is the doctrine of laches. The Doctrine of Laches is based on the idea that if a plaintiff unjustifiably waits too long before initiating legal action, and this delay causes prejudice to the defendant, the plaintiff may be barred from pursuing their claim.

The doctrine of laches is an equitable defence that asserts that if a plaintiff unreasonably delays initiating legal action, and this delay causes prejudice to the defendant, the plaintiff may be barred from pursuing their claim.