Equity & Trusts: Commentary and Materials, 5th Edition

The fifth edition of Equity and Trusts: Commentary and Materials builds on the strengths of the previous editions, and maintains its focus on prefacing case and statutory extracts by statements of principle to guide the student, and following extracts by comments and questions that both test the reader’s understanding and develop aspects of extracted material. Every effort has been made to make the work as accessible to the student as possible – in the main by ensuring that most extracts are not unduly lengthy – while at the same time focusing, chiefly via questions and commentary, on the learning outcomes essential to the study of equity and trusts.

This new edition includes extracts from the following important High Court judgments delivered since 2006, the topics of which highlight that Australian equity is not standing still:

• Kennon v Spry (nature of discretionary beneficiaries’ interests)
• Macedonian Orthodox Community Church v Eminence Petar (rights of trustees to seek court directions)
• Finch v Telstra Super Pty Ltd (duties of superannuation fund trustees)
• Aid/Watch Inc v Commissioner of Taxation (political purposes in charity law)
• Australian Broadcasting Corporation v O’Neill (interlocutory injunctions)
• Farah Constructions Pty Ltd v Say-Dee Pty Ltd (constructive trusts)

Consistent with its international and comparative focus, the fifth edition of this casebook includes new extracts from courts in the United Kingdom and Canada, including the following:

• Galambos v Perez (fiduciary principle)
• Breakspear v Ackland (rights of beneficiaries)
• Stack v Dowden (constructive trusts)

To this end, this new edition retains its progressive focus, and challenges readers to evaluate Australian law in its modern context.