Equity and Trusts, 4th edition

The fourth edition of this comprehensive text provides a clear and accessible discussion of the principles of equity, the law of trusts and equitable remedies. Fully revised to incorporate recent developments in case law and legislation, this text is designed to meet the needs of both students and practitioners.

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AUD$ 144.00
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ISBN/ISSN: 9780409338331

Product description

Equity and Trusts provides a thorough but accessible statement and analysis of the principles of equity, the law of trusts and equitable remedies. An understanding of fundamental principles is fostered through engaging discussion of case law, with boxed case summaries to assist in identifying key cases.

The fourth edition has been fully revised and consolidated to include recent developments in case law and legislation, including discussion on:

  • charitable trusts in the light of the Charities Act 2013 (Cth)
  • Andrews v ANZ Banking Group Ltd (HCA - 2012) and Paciocco v ANZ Banking Group Ltd (FCA – 2015) on the law of penalties
  • HIH Claims Support Ltd v Insurance Aust Ltd (HCA - 2011) and Lavin v Toppi (HCA - 2015) on the law of contribution, particularly co-ordinate liability
  • Re Dion Investments (NSWCA - 2014) on limits on court power to authorise amendments of trust deeds
  • Federal Republic of Brazil v Durant International Corp (UKPC - 2015) on doctrine of tracing
  • Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd (HCA - 2014) on defence of change of position to claim for restitution of moneys paid under mistake
  • Sidhu v Van Dyke (HCA - 2014) on proprietary estoppel
  • Bofinger v Kingsway Group Ltd (HCA - 2009) on the doctrines of subrogation and unjust enrichment in Australia

The clear explanations of the meaning and practical application of the principles of equity and trusts in Australian law make the book ideal for students and an authoritative and reliable reference for practitioners.

Features

  • Highlighted case summaries assist understanding of leading cases
  • Authors are experienced practising barristers
  • Key principles are illustrated with case examples
  • Fully revised and updated to include current developments in case law and legislation

Related Titles

Barkehall Thomas & Vann, LexisNexis Study Guide: Equity, 3rd ed, 2015
Barkehall Thomas & Vann, LexisNexis Study Guide: Trusts, 3rd ed, 2016
Cockburn, Carver & Matthew, LexisNexis Questions and Answers: Equity and Trusts, 4th ed, 2014
Heydon & Leeming, Cases and Materials on Equity and Trusts, 8th ed, 2011
Radan & Stewart, Principles of Australian Equity and Trusts, 3rd ed, 2016

 

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Table of contents

PART 1 - THE HISTORY AND NATURE OF EQUITY


Chapter 1: The History of Equity


Chapter 2: The Relationship between Law and Equity


Chapter 3: The Maxims of Equity


PART 2 - EQUITY AND PROPERTY


Chapter 4: Equitable Rights, Titles and Interests


Chapter 5: Equitable Interests and Torrens Title


Chapter 6: Equitable Priorities


Chapter 7: The Assignment of Interests in Property in Equity


Chapter 8: Voluntary Assignment of Legal Interests in Equity


Chapter 9: Voluntary Assignment of Equitable Interests


Chapter 10: Assignments of Interests in Property for Value in Equity


Chapter 11: Assignments of Future Property


PART 3 - EQUITABLE OBLIGATIONS


Chapter 12: Fiduciary Duties: Identification of Fiduciary Relationships


Chapter 13: Fiduciary Duties: Breach of Duty — Defences and Remedies for Breach


Chapter 14: Confidential Information


Chapter 15: Undue Influence


Chapter 16: Fraud in Equity and Unconscionable Dealings


Chapter 17: Mistake and Misrepresentation in Equity


PART 4 - EQUITY AND CONTRACTS


Chapter 18: Estoppel


Chapter 19: Penalties and Forfeiture


PART 5 - EQUITABLE DOCTRINES


Chapter 20: Subrogation


Chapter 21: Contribution


Chapter 22: Minor Doctrines


PART 6 - THE NATURE OF TRUSTS


Chapter 23: The Classification of Trusts


Chapter 24: Trusts and Powers of Appointment — Discretionary Trusts


Chapter 25: The Creation of Trusts


Chapter 26: Resulting Trusts


Chapter 27: The Variation of Trusts


Chapter 28: Termination of Trusts


PART 7 - CHARITABLE TRUSTS


Chapter 29: Charitable Trusts


PART 8 - TRUSTEES


Chapter 30: The Appointment, Retirement and Removal of Trustees and the Vesting of Trust Property


Chapter 31: Duties of Trustees


Chapter 32: The Powers of Trustees


Chapter 33: The Rights of Trustees


Chapter 34: The Liabilities of Trustees


PART 9 - BENEFICIARIES


Chapter 35: The Rights of Beneficiaries


Chapter 36: The Doctrine of Tracing


PART 10 - EQUITABLE DEFENCES


Chapter 37: Laches and Acquiescence and Limitation of Actions in Equity


Chapter 38: Set-off in Equity


Chapter 39: Minor Defences


PART 11 - EQUITABLE REMEDIES


Chapter 40: Injunctions — Part 1 General Principles


Chapter 41: Injunctions — Part 2 — Interlocutory Injunctions


Chapter 42: Specific Performance


Chapter 43: Damages in Equity and Equitable Compensation


Chapter 44: Minor Remedies


Chapter 45: Declarations


Chapter 46: Constructive Trusts


Chapter 47: Third Parties as Constructive Trustees


PART 12 - TRUSTS AND TAXATION


Chapter 48: Income Tax


Chapter 49: Trust Losses


Chapter 50: Capital Gains Tax and Trusts


Chapter 51: Deceased Estates


Chapter 52: Trusts and Tax Avoidance