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Principles of Australian Equity and Trusts, 5th edition
An accessible and well-structured account of the principles and rules of equity and trusts.
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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 fifth edition has been fully revised and updated to include recent developments in case law, including:
• Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 368 ALR 390
• ASIC v Kobelt (2019) 267 CLR 1
• Vauxhall Motors Ltd v Manchester Ship Canal Co Ltd [2020] AC 1161
• Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1
• Commissioner of Taxation v Bosanac [2021] FCAFC 158
• Caron v Jahani (No 2) (2020) 102 NSWLR 537
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
• Companion case book available
Related Titles
• Radan, Stewart & Vickovich, Principles of Australian Equity and Trusts: Cases and Materials, 5th ed, 2022
• Cockburn & Wright, LexisNexis Questions and Answers: Equity and Trusts, 5th ed, 2021
• Robinson, Quick Reference Card: Equity, 3rd ed, 2021
Table of contents
- PART I: HISTORY & NATURE OF EQUITY
- 1 The History of Equity
- 2 The Nature of Equity
- 3 The Relationship between 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 DEALINGS
- 12 Fraud in Equity
- 13 Unconscionable Transactions
- 14 Equitable Estoppel
- 15 Relief Against Forfeiture
- 16 Penalties
- PART V: UNFAIR OUTCOMES
- 17 Subrogation
- 18 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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