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Equity and Trusts in Australia 8th ed


ISBN13: 9780455246758
Previous Edition ISBN: 9780455241722
Published: December 2022
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £122.00



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The eighth edition of Equity and Trusts in Australia remains the leading text for students of equity and trusts. It continues to provide a comprehensive, but at the same time, accessible coverage of the law of equity and trusts in Australia. Equity and Trusts in Australia places that law in the context of developments, both judicial and legislative, in other common law countries. At the same time, it adopts a critical analysis in areas of uncertainty, and makes very frequent reference to the views of commentators from Australia and elsewhere.

The detail and breadth of coverage of this book make it authoritative, as evidenced by its multiple citations in superior courts in Australia and elsewhere. This text is therefore an essential resource for the practitioner. Its accessible style, coupled with an accompanying casebook that adopts the same chapter order and structure, also makes the work ideal for students. Together they mark the work as unique in Australian equity and trusts.

Subjects:
Equity and Trusts, Other Jurisdictions , Australia
Contents:
PREFACE
TABLE OF CONTENTS
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATIONS
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 Injunction
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
INDEX