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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Principles of Australian Equity and Trusts 6th ed isbn 9780409359145

Principles of Australian Equity and Trusts 5th ed


ISBN13: 9780409352993
New Edition ISBN: 9780409359145
Previous Edition ISBN: 9780409348217
Published: October 2021
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print



An accessible and well-structured account of the principles and rules of equity and trusts. 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

The text is suitable for standalone use or with the companion casebook 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.

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