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A Sourcebook on Equity and Trusts in Australia

A Sourcebook on Equity and Trusts in Australia

A Sourcebook on Equity and Trusts in Australia

Edition:
3rd Edition
Authors:
Michael Bryan, University of Melbourne
Simone Degeling, University of New South Wales, Sydney
Scott Donald, University of New South Wales, Sydney
Vicki Vann, Monash University, Victoria
Published:
July 2023
Availability:
Available
Format:
Paperback
ISBN:
9781009073912

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$109.00 (C) USD
Paperback
$109.00 (Z) USD
eBook

    A Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook. The third edition has been fully updated to discuss recent landmark decisions, including Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 and Smethurst v Commissioner of Police [2020] HCA 14. Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students' understanding of complex cases and issues. Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.

    • Coverage and crystal clear/clarity with respect to organisation and expression
    • Sophisticated discussion of ideas, skilful treatment of sophisticated ideas
    • Well researched with excellent case selection and questions

    Product details

    • Published: July 2023
    • Format: Paperback
    • ISBN: 9781009073912
    • Length: 700 pages
    • Dimensions: 243 × 170 × 37 mm
    • Weight: 1.22kg
    • Availability: Available

    Table of Contents

    • Part A. Introduction:
    • 1. An overview of equity
    • Part B. Equitable Remedies:
    • 2. An introduction to equitable remedies
    • 3. Specific performance, injunctions and equitable damages
    • 4. Monetary remedies in equity
    • 5. Rescission and rectification
    • 6. Bars to relief
    • Part C. Equity, Contract and Property:
    • 7. Equity in contract law
    • 8. Equitable proprietary interests
    • 9. Equitable assignments
    • Part D. Equitable Obligations:
    • 10. Fiduciary relationships and obligations
    • 11. Participants in a breach of fiduciary obligation
    • 12. Breach of confidence
    • Part E. Express Trusts:
    • 13. The concept of the express trust
    • 14. Certainty requirements in the law of trusts
    • 15. Creating an express trust
    • 16. Trusts for charitable and non-charitable purposes
    • Part F. Performing The Trust:
    • 17. Trustees' duties and powers
    • 18. Investment of trust funds
    • 19. Trustees' rights and liabilities
    • Part G. Breach of Trust:
    • 20. Breach of trust: Defences and remedies
    • 21. Tracing
    • Part H. Resulting and Constructive Trusts:
    • 22. Resulting trusts
    • 23. Constructive trusts
    • Part I. Terminating and Varying Trusts:
    • 24. Termination and variation of trusts.

    Authors

    Michael Bryan , University of Melbourne

    M W Bryan is Professor Emeritus at the University of Melbourne.

    Simone Degeling , University of New South Wales, Sydney

    Simone Degeling is Professor of Law in the School of Private and Commercial Law, Faculty of Law and Justice at the University of New South Wales and General Editor of the Journal of Equity.

    Scott Donald , University of New South Wales, Sydney

    Scott Donald is Associate Professor in the School of Private and Commercial Law in the Faculty of Law and Justice at the University of New South Wales.

    Vicki Vann , Monash University, Victoria

    Vicki Vann has over twenty years of experience teaching and writing about equity and trusts.