Equity and Trusts: Commentary and Materials 6th ed

The sixth edition of Equity and Trusts: Commentary and Materials builds on the strengths of the previous editions, and maintains its focus on prefacing case and statutory extracts by statements of principle to guide the student, and following extracts by comments and questions that both test the reader’s understanding and develop aspects of extracted material.

Every effort has been made to make the work as accessible to the student as possible – in the main by ensuring that most extracts are not unduly lengthy – while at the same time focusing, chiefly via questions and commentary, on the learning outcomes essential to the study of equity and trusts.

This new edition includes extracts from important High Court judgments delivered since early 2011, including Sidhu v Van Dyke on the topic of estoppel, and Byrnes v Kendle on the issue of certainty of intention for trusts.

The Canadian Supreme Court’s 2011 judgment in Elder Advocates of Alberta Society v Alberta is also extracted at length as a vehicle to investigate the challenges in applying fiduciary notions in the public law sphere. Other significant Australian High Court decisions, including Kakavas v Crown Melbourne Ltd on unconscionable dealing, and Andrews v Australia and New Zealand Banking Group Ltd on penalty clauses, are the subject of briefer extracts and commentary in the notes.

The topic of constructive trusts, moreover, sees expanded commentary in view of the issues raised in Grimaldi v Chameleon Mining NL (No 2) and FHR European Ventures LLP v Cedar Capital Partners LLC, each of which is extracted in the notes. To this end, this new edition retains its progressive focus, and challenges readers to evaluate Australian law in its modern context.

The casebook works as an ideal companion to the sixth edition of Equity and Trusts in Australia, which adopts the same chapter order and structure. Being written by the same author, the text and casebook present a consistent style and approach, making them ideal for teaching on equity courses, trusts courses or combined equity and trusts courses.