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Principles of Equity and Trusts - Samantha Hepburn

Principles of Equity and Trusts

Paperback Published: 31st October 2016
ISBN: 9781760020538
Number Of Pages: 752

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This fifth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It also includes a foreword by the Honourable Justice Geoffrey Nettle of the Australian High Court. The fifth edition retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner, referencing up-to-date cases and materials. It includes a discussion of new developments in fiduciary obligations, express trusts, unconscionable dealing, constructive trusts, penalties, injunctions, trustee duties and charitable trusts. New case discussions in this edition include:

Kakavas v The Crown (the High Court analysis of unconscientious dealing and knowledge of the special disability in the Crown casino); Grimaldi v Chameleon Mining Ltd (the Full Federal Court analysis of corporate breach of fiduciary responsibilities and the applicability of constructive trusts and other proprietary remedies; Korda v Australian Executive Trustees (SA) Ltd (the High Court examining the requirements for an intention to create an express trust); Andrews v Australia and New Zealand Banking Group Ltd (the High Court examining the scope and range of penalties to determine whether credit card fees constitute a penalty); Warner-Lambert Co LLX v Apotex Pty Ltd (the Federal Court considering the scope of the balance of convenience test for interlocutory injunctions within the context of patents).

This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive and up-to-date style.

Industry Reviews

Because of her acknowledged scholarship and considerable teaching experience, the author well knows how to effectively convey this subject to students, eg, the particularly attractive treatment of coherence between law and equity. The book is also valuable for busy practitioners. It concentrates on central issues with wide coverage. It often summarises particular cases at length rather than stating multiple points. The reader learns principles rather than every minor point, assisted by examples of propositions applied to factual scenarios. - Philip Barton, InPrint, Law Institute Journal Victoria, August 2017

Foreword by The Hon Geoffrey NettlePrefaceTable of Cases Table of Statutes

Part I - The Nature of Equity The Nature of Equity The Origin of the Equity Jurisdiction The Relationship between Common Law and Equity

Part II - Equitable Principles Equitable Proprietary Interests Characterisation of Equitable Proprietary Interests Equitable Priority Rules Equitable Assignments Fiduciary Obligations The Protection of Confidential Information Fraud in Equity Mistake in Equity Misrepresentation Undue Influence Unconscientious Dealings Estoppel Penalties Forfeiture

Part III - Equitable Relief The Nature of Equitable Remedies Specific Performance Injunctions, Mareva Orders and Anton Piller Orders Declarations Pecuniary Relief in Equity Tracing Rescission, Rectification, Receivers and Equitable Defences

Part IV - Trusts What is a Trust? A Comparison between Trusts and Other Legal Relationships Creating a Trust: The Certainty Rules Creating a Trust: Formalities, and Consequences of a Failure to Comply with Them Complete Constitution of Express Trusts Trusts and Testamentary Dispositions: Secret Trusts and Mutual Wills Illegal Trusts Trustee’s Duties Trustee’s Powers Trustee and Beneficiary Rights Variation of Trust Trusts for Charitable Purposes Resulting Trusts Constructive Trusts


ISBN: 9781760020538
ISBN-10: 1760020532
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 752
Published: 31st October 2016
Country of Publication: AU
Dimensions (cm): 23.5 x 15.9
Weight (kg): 1.09
Edition Number: 5
Edition Type: Revised

Earn 195 Qantas Points
on this Book