Equity and Trusts in Australia

M. W. Bryan (University of Melbourne), V. J. Vann (Monash University, Victoria), S. Barkehall Thomas (Monash University, Victoria)

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English

Cambridge University Press
31 October 2022

Law; Laws of Specific jurisdictions; Equity & trusts; Wills, probate & Succession

Equity and Trusts in Australia offers an accessible introduction to the principles of Australian equity and trusts law for students, linking key doctrines to their wider relationship with the law. The text covers foundational topics of equity and trusts law, including the nature of equity, fiduciary relationships and trust structures. This edition has been revised to include recent landmark decisions and a new chapter on termination and variation of trusts. Each chapter concludes with a guide to the online resources, which encourage students to extend their knowledge of the content through further reading, practice problems and discussion topics. Written by a team of experienced authors, Equity and Trusts in Australia is an ideal text for students undertaking this area of study for the first time. A Sourcebook on Equity and Trusts in Australia is also available and provides cases and primary legal materials to accompany Equity and Trusts in Australia.

By: M. W. Bryan (University of Melbourne), V. J. Vann (Monash University, Victoria), S. Barkehall Thomas (Monash University, Victoria)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: 3rd Revised edition
Dimensions: Height: 240mm, Width: 170mm, Spine: 25mm
Weight: 850g
ISBN: 9781009232388
ISBN 10: 100923238X
Pages: 492
Publication Date: 31 October 2022
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

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.

Michael Bryan is Professor Emeritus at the University of Melbourne. Vicki Vann has over twenty years of experience teaching and writing about equity and trusts. Susan Barkehall Thomas is a Senior Lecturer at Monash University.