Trusts Law in Australia, now in its third edition, provides a comprehensive and scholarly analysis of modern trusts law. The twelve chapters cover all the topics expected of a book on the law of trusts—express trusts, charitable trusts, voluntary trusts, resulting trusts, constructive trusts, writing and related requirements, the rules against perpetuities and accumulations, life tenants, remaindermen, tracing, and the duties, liabilities, powers, rights, appointments, retirement, and removal of trustees.

Professor Denis Ong’s invaluable and important analysis addresses conceptual anomalies in the law and interprets and critiques a large number of judicial decisions. Each chapter finishes with a summary of relevant legal principles, making the book unusually accessible.

Since the publication of the second edition in 2003, a number of significant cases have been decided in the area of trusts:

• On the subject of writing requirements: Theodore v Mistford Pty Ltd (2005) 221 CLR 612; Halloran v Minister Administering National Parks and Wildlife Act 1974 (2006) 80 ALJR 519; and Khoury v Khouri (2006) 66 NSWLR 241.
• Blackett v Darcy (2005) 62 NSWLR 392 has refined the Principle in Strong v Bird (1874) LR 18 Eq 315.
• The court’s power to authorise expedient decisions, conferred under s81 of the Trustee Act 1925 (NSW), was analysed in Arakella Pty Ltd v Paton (2004) 60 NSWLR 334.
• In the area of proprietary estoppel there are the two not immediately reconcilable decisions in Sullivan v Sullivan [2006] NSWCA 312 and Donis v Donis [2007] VSCA 89.
• In the areas of liability commonly called knowing assistance and knowing receipt, the High Court has handed down its decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22.

Summary Table of Contents

Table of Cases
Table of Statutes

CHAPTER 1: Introduction
CHAPTER 2: The Trust Compared with Some Other Concepts
CHAPTER 3: Three Certainties Required for Creation of Express Trust
CHAPTER 4: Writing Requirements for Certain Types of Transactions
CHAPTER 5: Complete Constitution of Voluntary Trust
CHAPTER 6: Trustees: Duties, Liabilities, Powers, Rights, Appointment, Retirement and Removal
CHAPTER 7: Charitable Trusts
CHAPTER 8: Resulting Trusts
CHAPTER 9: Constructive Trusts
CHAPTER 10: Tracing
CHAPTER 11: The Rights of Life Tenant and Remainderman Regarding Income and Capital
CHAPTER 12: The Rule Against Perpetuities and the Rule Against Accumulations
Index

"As a textbook for the law student, the tome works wonderfully well. Written in clear, unambiguous language and principle-based, the book is easily digested. Most importantly, the judgment citations are a treat as they are unusually referenced by name and page number allowing unprecedented ease for further research.

Also excellent is the book’s examination of recent Australian developments..."

-- A.D. Akratos, Lawyers Weekly, Issue 175 23 January 2004, 22