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Area of Law
Author
Principles of Australian Equity and Trusts, 4th edition

Principles of Australian Equity and Trusts, 4th edition

Radan, P; Stewart, C, 2018

Available Formats

Format ISBN Price
Book 9780409348217 $119.00
eBook 9780409348224 $119.00

Principles of Australian Equity and Trusts is an approachable and well-structured account of the principles and rules of equity and trusts

 

Format: Paperback

Description

Principles of Australian Equity and Trusts is designed to equip students with the skills to analyse fact situations and correctly identify the relevant principles of the law of equity and trusts applicable to the resolution of problems. The clear and accessible style of the authors makes this an essential resource for students new to the study of equity and trusts.


The fourth edition of has been fully revised and updated to include recent developments in case law, including:

Thorne v Kennedy (2017) 350 ALR 1 on undue influence and unconscionability
Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 333 ALR 384 on equitable estoppel
Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525 and Cavendish Square Holding BV v Makdessi; ParkingEye Ltd v Beavis [2016] AC 1172 on penalties
City of Mandurah v Australian Flying Corps and Royal Australian Air Force Association (WA Division) Inc (2016) 50 WAR 466 on charitable trusts
Simic v NSW Land Housing Corporation (2016) 260 CLR 85 on rectification.


The text is suitable for standalone use or with the companion casebook Radan, Stewart & Vickovich, Principles of Australian Equity and Trusts: Cases and Materials. The textbook and casebook follow the same chapter order and structure and plentiful cross-referencing makes it easy to use the books in tandem.

 

Features

• Clear and accessible coverage of all key topics
• Ideal for students new to the study of equity and trusts
• Develops students skills in case analysis and the identification and application of relevant principles from fact situations

 

Related Titles

Radan, Stewart & Vickovich, Principles of Australian Equity and Trusts: Cases and Materials, 4th ed, 2019
Barkehall Thomas & Vann, LNSG Equity, 3rd ed, 2015
Barkehall Thomas & Vann, LNSG Trusts, 3rd ed, 2016

Author

Peter Radan is Professor of Law at Macquarie Law School, Macquarie University.


Cameron Stewart is Professor of Health, Law and Ethics at the Sydney Law School, University of Sydney.

Table of Contents

PART I: HISTORY & NATURE OF EQUITY

1 History of Equity
2 The Nature of Equity
3 The Relationship of Law and Equity


PART II: EQUITABLE INTERESTS AND TRANSACTIONS

4 Nature of Equitable Estates and Interests
5 The Law of Assignment
6 Dispositions of Equitable Interests and the Requirement of Writing
7 Property with a Limited Capability of Being Assigned
8 Priorities


PART III: RELATIONSHIPS OF TRUST

9 Confidential Information
10 Fiduciary Obligations
11 Undue Influence


PART IV: UNCONSCIENTIOUS DELAINGS

12 Fraud in Equity
13 Unconscionable Transactions
14 Equitable Estoppel
15 Relief Against Forfeiture
16 Penalties


PART V: UNFAIR OUTCOMES

17 Subrogation
18 Equitable Contribution
19 Marshalling


PART VI: TRUSTS

20 Introduction to Trusts
21 Creation of Express Trusts
22 Variation and Termination of Trusts
23 Charitable Trusts
24 Administration of Charitable Trusts
25 Resulting Trusts
26 Trustees
27 Beneficiaries


PART VII: EQUITABLE REMEDIES AND DEFENCES

28 Declarations
29 Specific Performance
30 Injunctions
31 Freezing and Search Orders
32 Equitable Compensation and Damages
33 Rescission
34 Rectification
35 Institutional Constructive Trusts
36 Remedial Constructive Trusts
37 Tracing
38 Other Equitable Remedies
39 Equitable Defences

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