Restitution, Unjust Enrichment and Domestic Caregiving

In Gill v Garrett [2020] NSWSC 795, Slattery J considered a claim in unjust enrichment in which a domestic caregiver sought restitution for the value of caregiving services. While the claimant was unsuccessful, Slattery J’s decision provides several helpful insights into the manner in which courts approach these sorts of claims. This case note explores some of these insights. Its aim is to examine the challenges that may be faced by a domestic caregiver who seeks restitution for the value of caregiving services conferred upon a domestic recipient.