Equity & Trusts: Commentary & Materials 7th edition

Equity & Trusts: Commentary & Materials 7th edition

By Gino Dal Pont


$197.00 RRP

Date: 06/11/2018

Code: 9780455241746

Lawbook Co., AUSTRALIA

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The seventh edition of Equity and Trusts: Commentary and Materials builds on the strengths of the previous editions, and maintains its focus on prefacing case and statutory extracts by statements of principle to guide the student, and following extracts by comments and questions that both test the reader’s understanding and develop aspects of extracted material. Every effort has been made to make the work as accessible to the student as possible – in the main by ensuring that most extracts are not unduly lengthy – while at the same time focusing, chiefly via questions and commentary, on the learning outcomes essential to the study of equity and trusts.

This new edition includes extracts from important judgments delivered since late 2014, including Thorne v Kennedy on undue influence, Wilaci Pty Ltd v Torchlight Fund No 1 LP (in receivership) on penalties and Jones v Matrix Partners Pty Ltd on the insolvency of trustees. Other significant decisions, including Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd on estoppel, Paciocco v Australia and New Zealand Banking Group Ltd and Cavendish Square Holdings BV v Makdessi on penalties, are the subject of briefer extracts and commentary in the notes.
This new edition, to this end, retains its progressive focus, and challenges readers to evaluate Australian law in its modern context.

The casebook works as an ideal companion to the seventh edition of Equity and Trusts in Australia, which adopts the same chapter order and structure. Being written by the same author, the text and casebook present a consistent style and approach, making them ideal for teaching on equity courses, trusts courses or combined equity and trusts courses.


Table of Contents

Part I Equitable Interests

Chapter 1 Nature and Types of Equitable Interests

Chapter 2 Equitable Priorities

Chapter 3 Assignments in Equity

Part II Relationships of Trust

Chapter 4 Fiduciary Relations

Chapter 5 Government and the Public Trust

Chapter 6 Confidential Information

Part III Unconscionable Conduct

Chapter 7 Undue Influence

Chapter 8 Fraud and Mistake

Chapter 9 Unconscionable Dealing

Chapter 10 Estoppel

Chapter 11 Relief Against Forfeiture

Part IV Unfair Outcomes

Chapter 12 Part Performance

Chapter 13 Penalty Clauses

Chapter 14 Subrogation, Contribution and Marshalling

Chapter 15 Deceased Estates

Part V Trusts

Chapter 16 Nature of a Trust

Chapter 17 The Requisite Certainties

Chapter 18 Formalities and Complete Constitution

Chapter 19 Legality of Trusts

Chapter 20 Beneficiaries

Chapter 21 Trustees

Chapter 22 Duties of Trustees

Chapter 23 Powers and Rights of Trustees

Chapter 24 Breach of Trust

Chapter 25 Variation, Resettlement and Termination of Trusts

Chapter 26 Resulting Trusts

Chapter 27 Trusts for Commercial Purposes

Chapter 28 Trusts for Investment

Chapter 29 Charitable Trusts

Part VI Equitable Defences

Chapter 30 Equitable Defences

Part VII Equitable Remedies

Chapter 31 Injunctions

Chapter 32 Mareva and Anton Piller Orders

Chapter 33 Specific Performance

Chapter 34 Compensation, Damages and Account of Profits

Chapter 35 Rescission

Chapter 36 Receivership

Chapter 37 Declarations, Rectification and Specific Restitution

Chapter 38 Constructive Trusts

Chapter 39 Tracing



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