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Principles of Australian Equity and Trusts, 4th Edition

Principles of Australian Equity and Trusts, 4th Edition

Author: Peter Radan; Cameron Stewart
Publisher: LexisNexis Australia
ISBN: 9780409348217
Published In: November 2018
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 642.60

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Description
Contents
Author

Details

Principles of Australian Equity and Trusts is an approachable and well-structured account of the principles and rules of equity and trusts

Principles of Australian Equity and Trusts is designed to equip students with the skills to analyse fact situations and correctly identify the relevant principles of the law of equity and trusts applicable to the resolution of problems. The clear and accessible style of the authors makes this an essential resource for students new to the study of equity and trusts.

The fourth edition of has been fully revised and updated to include recent developments in case law, including:

• Thorne v Kennedy (2017) 350 ALR 1 on undue influence and unconscionability
• Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 333 ALR 384 on equitable estoppel
• Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525 and Cavendish Square Holding BV v Makdessi; ParkingEye Ltd v Beavis [2016] AC 1172 on penalties
• City of Mandurah v Australian Flying Corps and Royal Australian Air Force Association (WA Division) Inc (2016) 50 WAR 466 on charitable trusts
• Simic v NSW Land Housing Corporation (2016) 260 CLR 85 on rectification.

The text is suitable for standalone use or with the companion casebook Radan, Stewart & Vickovich, Principles of Australian Equity and Trusts: Cases and Materials. The textbook and casebook follow the same chapter order and structure and plentiful cross-referencing makes it easy to use the books in tandem.

Features

• Clear and accessible coverage of all key topics
• Ideal for students new to the study of equity and trusts
• Develops students skills in case analysis and the identification and application of relevant principles from fact situations
PART I: HISTORY & NATURE OF EQUITY

1 History of Equity
2 The Nature of Equity
3 The Relationship of Law and Equity

PART II: EQUITABLE INTERESTS AND TRANSACTIONS

4 Nature of Equitable Estates and Interests
5 The Law of Assignment
6 Dispositions of Equitable Interests and the Requirement of Writing
7 Property with a Limited Capability of Being Assigned
8 Priorities

PART III: RELATIONSHIPS OF TRUST

9 Confidential Information
10 Fiduciary Obligations
11 Undue Influence

PART IV: UNCONSCIENTIOUS DELAINGS

12 Fraud in Equity
13 Unconscionable Transactions
14 Equitable Estoppel
15 Relief Against Forfeiture
16 Penalties

PART V: UNFAIR OUTCOMES

17 Subrogation
18 Equitable Contribution
19 Marshalling

PART VI: TRUSTS

20 Introduction to Trusts
21 Creation of Express Trusts
22 Variation and Termination of Trusts
23 Charitable Trusts
24 Administration of Charitable Trusts
25 Resulting Trusts
26 Trustees
27 Beneficiaries

PART VII: EQUITABLE REMEDIES AND DEFENCES

28 Declarations
29 Specific Performance
30 Injunctions
31 Freezing and Search Orders
32 Equitable Compensation and Damages
33 Rescission
34 Rectification
35 Institutional Constructive Trusts
36 Remedial Constructive Trusts
37 Tracing
38 Other Equitable Remedies
39 Equitable Defences
Peter Radan is Professor of Law at Macquarie Law School, Macquarie University.

Cameron Stewart is Professor of Health, Law and Ethics at the Sydney Law School, University of Sydney.