The Federation Press

Principles of Equity and Trusts

Overview

This fourth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner.

This new edition includes a discussion of new developments in knowing receipt constructive trusts, resulting trusts, charitable trusts, injunctions, equitable recission and forfeiture.

All chapters have been fully revised, with significant new analysis in a range of chapters including those dealing with the relationship between common law and equity, fiduciary obligations and certainty rules for the creation of trusts.

New case discussions in this edition include:

  • Stack v Dowden (2007) (the House of Lords considering the presumptive application of resulting trusts in domestic de facto relationships);
  • Trustees of the Property of Cummins (a bankrupt) v Cummins [2006] (the High Court considering the presumptive application of purchase money resulting trusts in a marriage relationship);
  • Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) (the High Court considering the scope and application of knowing receipt constructive trusts);
  • Twinsectra v Yardley [2002] and Barlow Clowes International Ltd (in liq) v Eurotrust International [2006] 1 All ER 477 ( the House of Lords considering the dishonesty test relevant to knowing assistance constructive trusts) and
  • Commissioner of Taxation v Word Investment Ltd [2006] (the Federal Court considering the scope of the charitable purpose test).

This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive and up to date style.

Reviews

...offers a current analysis of the doctrines and remedies that compromise the equitable jurisdiction.
...provides busy practitioners, academics and students with a vast array of topics...the work is complemented by an extensive and easy to navigate index, which will greatly assist any research task.
This is a welcome addition to the body of works on equitable principles, especially for students. - Australian Banking and Finance Law Bulletin, (2009) 25(4) & (5)BLB

Table of Contents

Part I - The Nature of Equity

The Nature of Equity
The Origin of the Equity Jurisdiction
The Relationship between Common Law and Equity

Part II - Equitable Principles

Equitable Proprietary Interests
Characterisation of Equitable Proprietary Interests
Equitable Priority Rules
Equitable Assignments
Fiduciary Obligations
The Protection of Confidential Information
Fraud in Equity
Mistake in Equity
Misrepresentation
Undue Influence
Unconscientious Dealings
Estoppel
Penalties
Forfeiture

Part III - Equitable Relief

The Nature of Equitable Remedies
Specific Performance
Injunctions, Mareva Orders and Anton Piller Orders
Declarations
Pecuniary Relief in Equity
Tracing
Recission, Rectification, Receivers and Equitable Defences

Part IV - Trusts

What is a Trust?
A Comparison between Trusts and Other Legal Relationships
Creating a Trust: The Certainty Rules
Creating a Trust: Formalities, and Consequences of a Failure to Comply With Them
Complete Constitution of Express Trusts
Trusts and Testamentary Dispositions: Secret Trusts and Mutual Wills
Illegal Trusts
Trustee’s Duties
Trustee’s Powers
Trustee and Beneficiary Rights
Variation of Trust
Trusts for Charitable Purposes
Resulting Trusts
Constructive Trusts
Index