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Principles of Australian Equity and Trusts: Cases and Materials 5th ed


ISBN13: 9780409353020
Previous Edition ISBN: 9780409348194
Published: November 2021
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £90.00



Despatched in 8 to 10 days.

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.

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