Principles of Australian Equity and Trusts: Cases and Materials, 5th edition

Carefully selected source materials and analysis on equity and trusts.

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Book:Paperback
ISBN/ISSN: 9780409353020
Release Date: November 10, 2021
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Product description

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 fifth edition include:

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

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: 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

 

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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