Principles of Australian Equity and Trusts, 4th edition (eBook)

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

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AUD$ 125.00
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ISBN/ISSN: 9780409348224

Product 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

 

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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

  1. Nature of Equitable Estates and Interests

  2. The Law of Assignment

  3. Dispositions of Equitable Interests and the Requirement of Writing

  4. Property with a Limited Capability of Being Assigned

  5. Priorities


PART III: RELATIONSHIPS OF TRUST

  1. Confidential Information

  2. Fiduciary Obligations

  3. Undue Influence


PART IV: UNCONSCIENTIOUS DELAINGS

  1. Fraud in Equity

  2. Unconscionable Transactions

  3. Equitable Estoppel

  4. Relief Against Forfeiture

  5. Penalties


PART V: UNFAIR OUTCOMES

  1. Subrogation

  2. Equitable Contribution

  3. Marshalling


PART VI: TRUSTS

  1. Introduction to Trusts

  2. Creation of Express Trusts

  3. Variation and Termination of Trusts

  4. Charitable Trusts

  5. Administration of Charitable Trusts

  6. Resulting Trusts

  7. Trustees

  8. Beneficiaries


PART VII: EQUITABLE REMEDIES AND DEFENCES

  1. Declarations

  2. Specific Performance

  3. Injunctions

  4. Freezing and Search Orders

  5. Equitable Compensation and Damages

  6. Rescission

  7. Rectification

  8. Institutional Constructive Trusts

  9. Remedial Constructive Trusts

  10. Tracing

  11. Other Equitable Remedies

  12. Equitable Defences