Prologue - Nature of Equity PART I: EQUITABLE INTERESTS Chapter 1: Nature and Creation of Equitable Interests Chapter 2: Equitable Priorities Chapter 3: Assignments in Equity PART II: RELATIONSHIPS OF TRUST Chapter 4: Fiduciary Relations Chapter 5: Government and the Public Trust Chapter 6: Confidential Information Chapter 7: Undue Influence PART III: UNCONSCIONABLE CONDUCT Chapter 8: Fraud and Mistake Chapter 9: Unconscionable Dealing Chapter 10: Estoppel Chapter 11: Relief Against Forfeiture PART IV: UNFAIR OUTCOMES Chapter 12: Part Performance Chapter 13: Penalty Clauses Chapter 14: Subrogation, Contribution and Marshalling Chapter 15: Deceased Estates PART V: TRUSTS Chapter 16: Nature of A Trust Chapter 17: The Requisite Certainties Chapter 18: Formalities and Complete Constitution Chapter 19: Legality of Trusts Chapter 20: Beneficiaries Chapter 21: Trustees Chapter 22: Duties of Trustees Chapter 23: Powers and Rights of Trustees Chapter 24: Breach of Trust Chapter 25: Variation, Resettlement and Termination of Trusts Chapter 26: Resulting Trusts Chapter 27: Trusts for Commercial Purposes Chapter 28: Trusts for Investment Chapter 29: Charitable Trusts PART VI: Equitable Defences Chapter 30: Equitable Defences PART VII: EQUITABLE REMEDIES Chapter 31: Injunctions Chapter 32: Mareva and Anton Piller Orders Chapter 33: Specific Performance Chapter 34: Compensation, Damages and Account of Profits Chapter 35: Rescission Chapter 36: Receivership Chapter 37: Declarations, Rectification, Specific Restitution and Delivery up Chapter 38: Constructive Trusts Chapter 39: Tracing.
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.
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 ...
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 ...
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.
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 ...
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.