Equity and trusts / Michael Evans, Theresa Power, Joseph Power.

Chatswood, N.S.W. : LexisNexis, 2024.

5th edition

201875

Equity -- Australia.

Trusts and trustees -- Australia.

Part 1: The history and nature of equity

1. The history of equity

2. The relationship between law and equity

3. The maxims of equity

Part 2: Equity and property

4. Equitable rights, titles and interests

5. Equitable interests in torrens title land

6. Equitable priorities

7. Introducing equitable assignments

8. Voluntary assignment of legal interests in equity

9. Voluntary assignment of equitable interests

10. Assignments of interests in property for value in equity

11. Assignments of future property

Part 3: Equitable obligations

12. Fiduciary relationships

13. Fiduciary duties

14. Confidential information

Part 4: Unconscionable transactions

15. Undue influence

16. Fraud in equity and unconscionable dealings

17. Mistake and misrepresentation in equity

Part 5: Equity and contracts

18. Estoppel

19. Penalties and forfeiture

Part 6: Miscellaneous equitable doctrines

20. Subrogation

21. Contribution

22. Minor doctrines

Part 7: The nature of trusts

23. The classification of trusts

24. Discretionary trusts and powers of appointment

25. Express trusts - overview of three certainties

26. Express trusts - problems applying the three certainties

27. Express trusts - constitution and formalities

28. Resulting trusts

29. The variation of trusts

30. Termination, setting aside and failure of trusts

Part 8: Charitable trusts

31. Charitable trusts

32. Charitable trusts: enforcement, variation and lapse

Part 9: Trustees

33. The appointment, retirement and removal of trustees and the vesting of trust property

34. Duties of trustees

35. The powers of trustees

36. Controlling trustee powers

37. The rights of trustees

38. The liabilities of trustees

Part 10: Beneficiaries

39. The rights of beneficiaries

40. The doctrine of tracing

Part 11: Equitable defences

41. Limitation of actions in equity and laches and acquiescence

42. Set-off in equity

43. Minor defences

Part 12: Equitable remedies

44. Injunctions generally

45. Interlocutory injunctions

46. Specific performance

47. Monetary awards in equity

48. Miscellaneous equitable remedies

49. Declarations

50. Constructive trusts

51. Third parties as constructive trustees.

Equity and Trusts provides a thorough and accessible account of the law of equity and trusts in Australia. Divided into twelve parts, the book explores the nature and history of equity, the relationship between equity and contracts and property, the law of trusts, equitable obligations, defences and remedies, unconscionable transactions and miscellaneous equitable doctrines. Each chapter provides a detailed analysis of the leading cases and commentary in these areas, including leading authorities in other Commonwealth jurisdictions. Boxed case summaries assist the reader in understanding key cases. The fifth edition has been fully revised and discusses significant authorities decided since the last edition, including decisions of the Australian High Court, UK Supreme Court and Privy Council on: challenging the exercise of a trustee's discretion: Grand View Private Trust Co Ltd v Wen-Young Wong [2022] UKPC 47; knowing receipt claims: Byers v Saudi National Bank [2024] 2 WLR 237; [2023] UKSC 51; proprietary estoppel: Guest v Guest [2022] 3 WLR 911; [2022] UKSC 27; Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 260 CLR 1; resulting trusts: Bosanac v Commissioner of Taxation (2022) 275 CLR 37; Whitlock v Moree [2017] UKPC 44; subrogation: Swynson Ltd v Lowick Rose llp (in liq) [2018] AC 313; the trustee's right of indemnity: Equity Trust (Jersey) Ltd v Halabi [2023] AC 877; Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; third persons who are personally accountable in equity: Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1; unconscionable conduct: Stubbings v Jams 2 Pty Ltd (2022) 399 ALR 409; [2022] HCA 6; undue influence: Thorne v Kennedy (2017) 263 CLR 85. Recent decisions of intermediate appellate courts, including on topics such as constructive trusts, fiduciary duties, tracing, and rectification, are also covered. - Publisher's website.

Previous edition: 2016.

Includes bibliographical references and index.

4 (2016)

High use title

9780409352948

cxix, 1647 pages ; 25 cm