Updated Law of Australia-2020
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
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,
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
Beneficiary Rights
Variation of Trust
Trusts for Charitable Purposes
Resulting Trusts
Constructive Trusts
Index
Specially mentioned
- Pipikos v Trayans (2018) 265 CLR 522 (part performance and estoppel).
- Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 (breach of fiduciary duty; account of profits).
- Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 368 ALR 390 (trustees right of indemnity).
- Smethurst v Commissioner of Police [2020] HCA 14 (mandatory injunction, adequacy of damages).
- Australian Securities and Investments Commission v Kobelt (2019) 368 ALR 1 (unconscionable dealing)
ISBN: 9781760022495
ISBN-10: 1760022497
Format: Paperback
Language: English
Number Of Pages: 880
Published: 12th October 2020
Edition Number: 6
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