Equity and Trusts in Australia

Equity and Trusts in Australia offers an accessible introduction to the principles of Australian equity and trusts law for students.

M. W. Bryan (Author), V. J. Vann (Author), S. Barkehall Thomas (Author)

9781009232388, Cambridge University Press

Paperback / softback, published 31 October 2022

492 pages
24 x 17 x 2.5 cm, 0.85 kg

Equity and Trusts in Australia offers an accessible introduction to the principles of Australian equity and trusts law for students, linking key doctrines to their wider relationship with the law. The text covers foundational topics of equity and trusts law, including the nature of equity, fiduciary relationships and trust structures. This edition has been revised to include recent landmark decisions and a new chapter on termination and variation of trusts. Each chapter concludes with a guide to the online resources, which encourage students to extend their knowledge of the content through further reading, practice problems and discussion topics. Written by a team of experienced authors, Equity and Trusts in Australia is an ideal text for students undertaking this area of study for the first time. A Sourcebook on Equity and Trusts in Australia is also available and provides cases and primary legal materials to accompany Equity and Trusts in Australia.

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, rectification and declaration
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], Laws of Specific jurisdictions [LN], Law [L]