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Equity and Trusts: Commentary and Materials 8th ed


ISBN13: 9780455246772
Previous Edition ISBN: 9780455241746
Published: January 2023
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £117.00



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The eighth edition of Equity and Trusts: Commentary and Materials builds on the strengths of the previous editions, maintaining 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 late 2018, including Australian Securities and Investments Commission v Kobelt on unconscionable dealing, and Pipikos v Trayans on part performance. Other significant decisions, including from the Singapore Court of Appeal in BOK v BOL on unconscionable dealing, the New Zealand Supreme Court in 127 Hobson Street Ltd v Honey Bees Preschool Ltd on penalties, and the Australian High Court in Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth on trustees’ rights, are the subject of briefer extracts and commentary in the notes. The latter also make frequent reference to relevant provisions in the Trusts Act 2019 (NZ) as a comparator.

The eighth edition, to this end, retains its progressive focus, and challenges readers to evaluate Australian law in its modern context.

Equity and Trusts: Commentary and Materials works as an ideal companion to the eighth 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.

Subjects:
Equity and Trusts, Other Jurisdictions , Australia
Contents:
PREFACE
TABLE OF CONTENTS
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATIONS
PROLOGUE

PART I EQUITABLE INTERESTS
CHAPTER 1 Nature and Types of Equitable Interests
CHAPTER 2 Equitable Priorities
CHAPTER 3 Assignments in Equity

PART II RELATIONSHIPS OF TRUST
CHAPTER 4 Fiduciary Relations
CHAPTER 5 Government and the Public Trust
CHAPTER 6 Confidential Information
CHAPTER 7 Undue Influence

PART III UNCONSCIONABLE CONDUCT
CHAPTER 8 Fraud and Mistake
CHAPTER 9 Unconscionable Dealing
CHAPTER 10 Estoppel
CHAPTER 11 Relief Against Forfeiture

PART IV UNFAIR OUTCOMES
CHAPTER 12 Part Performance
CHAPTER 13 Penalty Clauses
CHAPTER 14 Subrogation, Contribution and Marshalling
CHAPTER 15 Deceased Estates

PART V TRUSTS
CHAPTER 16 Nature of a Trust
CHAPTER 17 The Requisite Certainties
CHAPTER 18 Formalities and Complete Constitution
CHAPTER 19 Legality of Trusts
CHAPTER 20 Beneficiaries
CHAPTER 21 Trustees
CHAPTER 22 Duties of Trustees
CHAPTER 23 Powers and Rights of Trustees
CHAPTER 24 Breach of Trust
CHAPTER 25 Variation, Resettlement and Termination of Trusts
CHAPTER 26 Resulting Trusts
CHAPTER 27 Trusts for Commercial Purposes
CHAPTER 28 Trusts for Investment
CHAPTER 29 Charitable Trusts

PART VI EQUITABLE DEFENCES
CHAPTER 30 Equitable Defences

PART VII EQUITABLE REMEDIES
CHAPTER 31 Injunctions
CHAPTER 32 Mareva and Anton Piller Orders
CHAPTER 33 Specific Performance
CHAPTER 34 Compensation, Damages and Account of Profits
CHAPTER 35 Rescission
CHAPTER 36 Receivership
CHAPTER 37 Declarations, Rectification and Specific Restitution
CHAPTER 38 Constructive Trusts
CHAPTER 39 Tracing
INDEX
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