Equity and Trusts, 5th edition

A clear and comprehensive analysis of the law of equity and trusts

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Book:Paperback
ISBN/ISSN: 9780409352948
Release Date: June 06, 2024
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Product description

Equity and Trusts provides a thorough but accessible account of the law of equity and trusts in Australia. Each chapter provides a detailed analysis of the leading cases and commentary, including leading authorities in other Commonwealth jurisdictions. Boxed case summaries assist the reader in understanding key cases.

The fifth edition has been fully revised and discusses significant authorities decided since the last edition, including decisions of the Australian High Court, UK Supreme Court and Privy Council on:

  • unconscionable conduct: Stubbings v Jams 2 Pty Ltd (2022) 399 ALR 409; [2022] HCA 6;
  • undue influence: Thorne v Kennedy (2017) 263 CLR 85;
  • proprietary estoppel: Guest v Guest [2022] UKSC 27; Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 260 CLR 1;
  • resulting trusts: Bosanac v Commissioner of Taxation (2022) 275 CLR 37; Whitlock v Moree [2017] UKPC 44;
  • challenging the exercise of a trustee's discretion: Grand View Private Trust Co Ltd v Wen-Young Wong [2022] UKPC 47;
  • the trustee's right of indemnity: Equity Trust (Jersey) Ltd v Halabi [2022] UKPC 36; Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524;
  • third persons who are personally accountable in equity: Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1;
  • subrogation: Swynson Ltd v Lowick Rose llp (in liq) [2018] AC 313.

Recent decisions of intermediate appellate courts, including on topics such as constructive trusts, fiduciary duties, tracing, and rectification, are also covered.

Clear explanations of complex principles make this book an invaluable resource for students, as well as an authoritative and reliable reference for practitioners and scholars.

Features

• Clear explanations on meaning and application of key principles
• Commentary supported by case examples
• Case summaries assist understanding of leading cases
• Fully revised and updated to include current developments in case law and legislation
• Experienced author team
• Ideal for students
• Authoritative reliable reference for practitioners

Related Titles

• Cockburn & Wright, LexisNexis Questions and Answers: Equity and Trusts, 5th ed, 2021
• Heydon & Leeming, Cases and Materials on Equity and Trusts, 9th ed, 2019
• Heydon, Leeming & Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies, 5th ed, 2015
• Pearce & Somes, LexisNexis Study Guide: Equity, 4th ed, 2024
• Radan & Stewart, Principles of Australian Equity and Trusts, 5th ed, 2022

 

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Table of contents


  • PART 1 THE HISTORY AND NATURE OF EQUITY

  • Ch 1 The History of Equity

  • Ch 2 The Relationship between Law and Equity

  • Ch 3 The Maxims of Equity

  • PART 2 EQUITY AND PROPERTY

  • Ch 4 Equitable Rights, Titles and Interests

  • Ch 5 Equitable Interests in Torrens Title

  • Ch 6 Equitable Priorities

  • Ch 7 Introducing Equitable Assignments

  • Ch 8 Voluntary Assignment of Legal Interests in Equity

  • Ch 9 Voluntary Assignment of Equitable Interests

  • Ch 10 Assignments of Interests in Property for Value in Equity

  • Ch 11 Assignments of Future Property

  • PART 3 EQUITABLE OBLIGATIONS

  • Ch 12 Fiduciary Relationships

  • Ch 13 Fiduciary Duties

  • Ch 14 Confidential Information

  • Ch 15 Undue Influence

  • Ch 16 Fraud in Equity and Unconscionable Dealings

  • Ch 17 Mistake and Misrepresentation in Equity

  • PART 4 EQUITY AND CONTRACTS

  • Ch 18 Estoppel

  • Ch 19 Penalties and Forfeiture

  • PART 5 EQUITABLE DOCTRINES

  • Ch 20 Subrogation

  • Ch 21 Contribution

  • Ch 22 Minor Doctrines

  • PART 6 THE NATURE OF TRUSTS

  • Ch 23 The Classification of Trusts

  • Ch 24 Discretionary Trusts and Powers of Appointment

  • Ch 25 Express Trusts – Overview of Three Certainties

  • Ch 26 Express Trusts — Problems Applying the Three Certainties

  • Ch 27 Express Trusts – Constitution and Formalities

  • Ch 28 Resulting Trusts

  • Ch 29 The Variation of Trusts

  • Ch 30 Termination, Setting Aside & Failure of Trusts

  • PART 7 CHARITABLE TRUSTS

  • Ch 31 Charitable Trusts

  • Ch 32 Charitable Trusts: Enforcement, Variation and Lapse

  • PART 8 TRUSTEES

  • Ch 33 The Appointment, Retirement and Removal of Trustees and the Vesting of Trust Property

  • Ch 34 Duties of Trustees

  • Ch 35 The Powers of Trustees

  • Ch 36 Controlling Trustee Powers

  • Ch 37 The Rights of Trustees

  • Ch 38 The Liabilities of Trustees

  • PART 9 BENEFICIARIES

  • Ch 39 The Rights of Beneficiaries

  • Ch 40 The Doctrine of Tracing

  • PART 10 EQUITABLE DEFENCES

  • Ch 41 Limitation of Actions in Equity and Laches and Acquiescence

  • Ch 42 Set-off in Equity

  • Ch 43 Minor Defences

  • PART 11 EQUITABLE REMEDIES

  • Ch 44 Injunctions Generally

  • Ch 45 Interlocutory Injunctions

  • Ch 46 Specific Performance

  • Ch 47 Monetary Awards in Equity

  • Ch 48 Miscellaneous Equitable Remedies

  • Ch 49 Declarations

  • Ch 50 Constructive Trusts

  • Ch 51 Third Parties as Constructive Trustees