A Sourcebook on Equity and Trusts in Australia

A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.

Michael Bryan (Author), Simone Degeling (Author), Scott Donald (Author), Vicki Vann (Author)

9781009073912, Cambridge University Press

Paperback / softback, published 19 December 2022

700 pages
24.3 x 17 x 3.7 cm, 1.22 kg

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.

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.

Subject Areas: Equity & trusts [LNL]