"Equity and Trusts in Australia, Third Edition", provides an account of the general principles of the modern law of equity and trusts in Australia. It looks at the heartland of Anglo-Australian equity in developing, maintaining and enforcing equitable interests and rights, and examines the creation and administration of trusts. The text looks at the environment of uncertainty in which this area of law now exists. Any area of law grounded in morality and conscience must be a candidate for flexibility. This environment of uncertainty and flexibility has not simplified the law.
The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples.
NOTES (1) (2) (3) The contrasting approaches taken in McDonald and Avanes continue to be unresolved by Australian courts. ... Balmford J held that the principle would apply, notwithstanding the commercial context, but that the actuarial ...
21 Mason CJ, Brennan and McHugh JJ. Toohey and Gaudron JJ found for the plaintiff by applying the doctrine of waiver. 22 Andrew Robertson, 'Satisfying the Minimum Equity: Equitable Estoppel Remedies after Verwayen' (1996) 20 Melbourne ...
This edition has been revised to include recent landmark decisions and a new chapter on termination and variation of trusts.
The new edition of Equity and Trusts in Australia is fully updated by reference to reported and unreported case law throughout Australia, New Zealand, the UK and Canada, and by reference to the latest journal articles.
The book is written specifically for law students, primarily at undergraduate level, but it will also be helpful to students studying law as part of their course.
Designed to equip students with a sound and thorough understanding of the principles of law of equity trusts. Covering all jursdictions, the authors demistyfy the key principles in this complex area.
Fully revised to incorporate the substantial amount of recent case law and the significant changes to the law, this new edition looks at the environment of uncertainty and flexibility.
The first edition of Trusts Law in Australia received praise for author Denis Ong's clear, concise, and thorough exposition of the principles of trusts law and for offering robust and persuasive discussion of these principles.
IRC [1960] AC 1 The appellants were bare trustees acting on behalf of Mr Hunter. In 1949 he created six settlements in favour of his five grandchildren and one for his future grandchildren. In February 1955 he transferred 18,000 shares ...