Equity and Trusts, 4th Edition

Author: Michael Evans
Publisher: LexisNexis Australia
ISBN: 9780409338331
Published In: May 2016
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 739.80

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The fourth edition of this comprehensive text provides a clear and accessible discussion of the principles of equity, the law of trusts and equitable remedies. Fully revised to incorporate recent developments in case law and legislation, this text is designed to meet the needs of both students and practitioners.

Equity and Trusts provides a thorough but accessible statement and analysis of the principles of equity, the law of trusts and equitable remedies. An understanding of fundamental principles is fostered through engaging discussion of case law, with boxed case summaries to assist in identifying key cases.

The fourth edition has been fully revised and consolidated to include recent developments in case law and legislation, including discussion on:

• charitable trusts in the light of the Charities Act 2013 (Cth)
• Andrews v ANZ Banking Group Ltd (HCA - 2012) and Paciocco v ANZ Banking Group Ltd (FCA – 2015) on the law of penalties
• HIH Claims Support Ltd v Insurance Aust Ltd (HCA - 2011) and Lavin v Toppi (HCA - 2015) on the law of contribution, particularly co-ordinate liability
• Re Dion Investments (NSWCA - 2014) on limits on court power to authorise amendments of trust deeds
• Federal Republic of Brazil v Durant International Corp (UKPC - 2015) on doctrine of tracing
• Australian Financial Services & Leasing Pty Ltd v Hills Industries Ltd (HCA - 2014) on defence of change of position to claim for restitution of moneys paid under mistake
• Sidhu v Van Dyke (HCA - 2014) on proprietary estoppel
• Bofinger v Kingsway Group Ltd (HCA - 2009) on the doctrines of subrogation and unjust enrichment in Australia

The clear explanations of the meaning and practical application of the principles of equity and trusts in Australian law make the book ideal for students and an authoritative and reliable reference for practitioners.

Features
• Highlighted case summaries assist understanding of leading cases
• Authors are experienced practising barristers
• Key principles are illustrated with case examples
• Fully revised and updated to include current developments in case law and legislation

PART 1 - THE HISTORY AND NATURE OF EQUITY
Chapter 1: The History of Equity
Chapter 2: The Relationship between Law and Equity
Chapter 3: The Maxims of Equity

PART 2 - EQUITY AND PROPERTY
Chapter 4: Equitable Rights, Titles and Interests
Chapter 5: Equitable Interests and Torrens Title
Chapter 6: Equitable Priorities
Chapter 7: The Assignment of Interests in Property in Equity
Chapter 8: Voluntary Assignment of Legal Interests in Equity
Chapter 9: Voluntary Assignment of Equitable Interests
Chapter 10: Assignments of Interests in Property for Value in Equity
Chapter 11: Assignments of Future Property

PART 3 - EQUITABLE OBLIGATIONS
Chapter 12: Fiduciary Duties: Identification of Fiduciary Relationships
Chapter 13: Fiduciary Duties: Breach of Duty — Defences and Remedies for Breach
Chapter 14: Confidential Information
Chapter 15: Undue Influence
Chapter 16: Fraud in Equity and Unconscionable Dealings
Chapter 17: Mistake and Misrepresentation in Equity

PART 4 - EQUITY AND CONTRACTS
Chapter 18: Estoppel
Chapter 19: Penalties and Forfeiture

PART 5 - EQUITABLE DOCTRINES
Chapter 20: Subrogation
Chapter 21: Contribution
Chapter 22: Minor Doctrines

PART 6 - THE NATURE OF TRUSTS
Chapter 23: The Classification of Trusts
Chapter 24: Trusts and Powers of Appointment — Discretionary Trusts
Chapter 25: The Creation of Trusts
Chapter 26: Resulting Trusts
Chapter 27: The Variation of Trusts
Chapter 28: Termination of Trusts

PART 7 - CHARITABLE TRUSTS
Chapter 29: Charitable Trusts

PART 8 - TRUSTEES
Chapter 30: The Appointment, Retirement and Removal of Trustees and the Vesting of Trust Property
Chapter 31: Duties of Trustees
Chapter 32: The Powers of Trustees
Chapter 33: The Rights of Trustees
Chapter 34: The Liabilities of Trustees

PART 9 - BENEFICIARIES
Chapter 35: The Rights of Beneficiaries
Chapter 36: The Doctrine of Tracing

PART 10 - EQUITABLE DEFENCES
Chapter 37: Laches and Acquiescence and Limitation of Actions in Equity
Chapter 38: Set-off in Equity
Chapter 39: Minor Defences

PART 11 - EQUITABLE REMEDIES
Chapter 40: Injunctions — Part 1 General Principles
Chapter 41: Injunctions — Part 2 — Interlocutory Injunctions
Chapter 42: Specific Performance
Chapter 43: Damages in Equity and Equitable Compensation
Chapter 44: Minor Remedies
Chapter 45: Declarations
Chapter 46: Constructive Trusts
Chapter 47: Third Parties as Constructive Trustees

PART 12 - TRUSTS AND TAXATION
Chapter 48: Income Tax
Chapter 49: Trust Losses
Chapter 50: Capital Gains Tax and Trusts
Chapter 51: Deceased Estates
Chapter 52: Trusts and Tax Avoidance

Michael Evans is Barrister of the Supreme Courts of New South Wales, Victoria and Queensland, and of the High Court of Australia.

Bradley L Jones is a barrister of the Supreme Court of New South Wales and the High Court of Australia.

Theresa M Power is a Barrister of the Supreme Court of New South Wales and the High Court of Australia.