Full Description
A Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook. The third edition has been fully updated to discuss recent landmark decisions, including Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 and Smethurst v Commissioner of Police [2020] HCA 14. Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students' understanding of complex cases and issues. Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.
Contents
Part A. Introduction: 1. An overview of equity; Part B. Equitable Remedies: 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Rescission and rectification; 6. Bars to relief; Part C. Equity, Contract and Property: 7. Equity in contract law; 8. Equitable proprietary interests; 9. Equitable assignments; Part D. Equitable Obligations: 10. Fiduciary relationships and obligations; 11. Participants in a breach of fiduciary obligation; 12. Breach of confidence; Part E. Express Trusts: 13. The concept of the express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable and non-charitable purposes; Part F. Performing The Trust: 17. Trustees' duties and powers; 18. Investment of trust funds; 19. Trustees' rights and liabilities; Part G. Breach of Trust: 20. Breach of trust: Defences and remedies; 21. Tracing; Part H. Resulting and Constructive Trusts: 22. Resulting trusts; 23. Constructive trusts; Part I. Terminating and Varying Trusts: 24. Termination and variation of trusts.
