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

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

eBook
AUD$ 139.00
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ISBN/ISSN: 9780409348200

Product description

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

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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


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