The Federation Press

Principles of Equity and Trusts

Overview

This fifth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It also includes a foreword by the Honourable Justice Geoffrey Nettle of the Australian High Court.

The fifth edition retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner, referencing up-to-date cases and materials. It includes a discussion of new developments in fiduciary obligations, express trusts, unconscionable dealing, constructive trusts, penalties, injunctions, trustee duties and charitable trusts.

New case discussions in this edition include:

  • Kakavas v The Crown (the High Court analysis of unconscientious dealing and knowledge of the special disability in the Crown casino);
  • Grimaldi v Chameleon Mining Ltd (the Full Federal Court analysis of corporate breach of fiduciary responsibilities and the applicability of constructive trusts and other proprietary remedies;
  • Korda v Australian Executive Trustees (SA) Ltd (the High Court examining the requirements for an intention to create an express trust);
  • Andrews v Australia and New Zealand Banking Group Ltd (the High Court examining the scope and range of penalties to determine whether credit card fees constitute a penalty);
  • Warner-Lambert Co LLX v Apotex Pty Ltd (the Federal Court considering the scope of the balance of convenience test for interlocutory injunctions within the context of patents).

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

Table of Contents

Foreword by The Hon Geoffrey Nettle
Preface

Table of Cases
Table of Statutes

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
Rescission, 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

Of interest...