Equity and Trusts in Australia, 3rd ed | 2023


Equity and Trusts in Australia, 3rd ed

Author M.W. Bryan, V.J. Vann, S. Barkehall Thomas
Publication Date March 2023
ISBN 9781009232388
Soft Cover 
Publisher Cambridge University Press


Equity and Trusts in Australia presents an accessible overview of Australian equity and trusts law for students, connecting fundamental principles with their broader legal context. The book delves into core subjects of equity and trusts law, such as the essence of equity, fiduciary relationships, and trust structures. This updated edition incorporates recent significant judgments and introduces a fresh chapter on terminating and altering trusts. Each chapter wraps up with pointers to online resources, encouraging students to deepen their understanding through additional reading, problem-solving, and discussions.

Crafted by a seasoned team of authors, Equity and Trusts in Australia serves as an excellent introductory text for students embarking on this field of study. Moreover, 'A Sourcebook on Equity and Trusts in Australia' complements it by offering relevant cases and primary legal materials.

Contents of Equity and Trusts in Australia, 3rd ed

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, rectification and declaration
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

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ISBN: 9781009232388

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