Principles of Australian Equity and Trusts: Cases and Materials, 4th edition

PRINCIPLES OF AUSTRALIAN EQUITY AND TRUSTS CASES AND MATERIALS, 4TH EDITION, carefully selected source materials and analysis on equity and trusts

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ISBN/ISSN: 9780409348194

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PRINCIPLES OF AUSTRALIAN EQUITY AND TRUSTS CASES AND MATERIALS, 4TH EDITION: The key cases and materials relating to equity and trusts are drawn together to illustrate the reasoning processes of the court and the development of legal principles. Cases are carefully selected, edited, and cross-referenced to the companion textbook, Principles of Australian Equity and Trusts, to promote a deep understanding of this complex area of law. Both books follow the same chapter order and structure, making it easy to use them in tandem. The authors provide discussion of the key concepts, putting the case extracts into their legal context. Helpful analysis of each extract assists readers to understand why each case is important and the principle to be drawn from the decision. New cases included in the fourth edition include:

  • Cavendish Square Holding BV v Makdessi; ParkingEye Ltd v Beavis (2016) on penalties
  • Chamberlain Early Learning Centre Pty Ltd v Precious 1 Pty Ltd (2017) on equitable set-off
  • City of Mandurah v Australian Flying Corps and Royal Australian Air Force Association (WA Division) Inc (2016) on charitable trusts
  • Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) on equitable estoppel.
  • Deutsch v Trumble (2016) on trust beneficiaries
  • Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic (2017) on charitable trusts
  • Paciocco v Australia and New Zealand Banking Group Ltd (2016) on penalties
  • Simic v NSW Land Housing Corporation (2016) on rectification
  • Thorne v Kennedy (2017) on undue influence
  • Wilson v Ferguson (2015) on confidential information.

This book and its companion text, Principles of Australian Equity and Trusts, combine to make an ideal resource for students of equity and trusts, practitioners, and anyone wishing to understand this complex area of law.

Features

  • Engages students with the sources of law in these subjects
  • Puts cases and principles into context
  • Cases are selected and edited for relevance
  • Aligns with Australian courses in Equity and Trusts
  • Easy and convenient navigation between the case book and companion text

Related Titles

Radan, Stewart & Vickovich, Principles of Australian Equity and Trusts, 4th ed, 2018
Barkehall Thomas & Vann, LexisNexis Study Guide: Equity, 3rd ed, 2015
Barkehall Thomas & Vann, LexisNexis Study Guide Trusts, 3rd ed, 2016

 

Featured Authors

Cameron Stewart
Ilija Vickovich
Peter Radan

Cameron Stewart

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

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Ilija Vickovich

Ilija Vickovich is a Lecturer at Macquarie Law School, Macquarie University.

View all books by Ilija Vickovich (4)

Peter Radan

Peter Radan is an Honorary Professor of Law at Macquarie Law School, Macquarie University and Fellow of the Australian Academy of Law.

View all books by Peter Radan (4)

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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