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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.
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
Number Of Pages: 752 Published: 31st October 2016 Publisher: FEDERAL PUB CO Country of Publication: AU Dimensions (cm): 23.5 x 15.9
Weight (kg): 1.09
Edition Number: 5 Edition Type: Revised