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Australian Principles of Equity and Trusts 6th ed


ISBN13: 9781760022495
Previous Edition ISBN: 9781760020538
Published: October 2020
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: £78.00



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This sixth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner, referencing up-to-date cases and materials. It includes a discussion of new developments in fiduciary obligations, express trusts, unconscionable dealing, constructive trusts, penalties, injunctions, trustee duties and charitable trusts.

Among the many significant new decisions discussed in the sixth edition are the following judgments of the High Court of Australia:

  • Pipikos v Trayans (2018) 265 CLR 522 (part performance and estoppel).
  • Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 (breach of fiduciary duty; account of profits).
  • Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 368 ALR 390 (trustees right of indemnity).
  • Smethurst v Commissioner of Police>/i> [2020] HCA 14 (mandatory injunction, adequacy of damages).
  • Australian Securities and Investments Commission v Kobelt (2019) 368 ALR 1 (unconscionable dealing)

This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive, and up-to-date style.

Subjects:
Other Jurisdictions , Australia
Contents:
Part I – The Nature of Equity
The Nature of Equity
The Origin of the Equity Jurisdiction
The Relationship between Common Law and Equity
Part II – Equitable Principles
Equitable Proprietary Interests
Characterisation of Equitable Proprietary Interests
Equitable Priority Rules
Equitable Assignments
Fiduciary Obligations
The Protection of Confidential Information
Fraud in Equity
Mistake in Equity
Misrepresentation
Undue Influence
Unconscientious Dealings
Estoppel
Penalties
Forfeiture
Part III – Equitable Relief
The Nature of Equitable Remedies
Specific Performance
Injunctions, Mareva Orders and Anton Piller Orders
Declarations
Pecuniary Relief in Equity
Tracing
Rescission, Rectification, Receivers and Equitable Defences
Part IV – Trusts
What is a Trust?
A Comparison between Trusts and Other Legal Relationships
Creating a Trust: The Certainty Rules
Creating a Trust: Formalities, and Consequences of a Failure to Comply with Them
Complete Constitution of Express Trusts
Trusts and Testamentary Dispositions: Secret Trusts and Mutual Wills
Illegal Trusts
Trustee’s Duties
Trustee’s Powers
Trustee and Beneficiary Rights
Variation of Trust
Trusts for Charitable Purposes
Resulting Trusts
Constructive Trusts;