Principles of proprietary remedies / edited by Elise Bant and Michael Bryan.

Pyrmont, N.S.W. : Lawbook Co., 2013.

1st edition

83594

Constructive trusts -- Australia.

Priorities of claims and liens -- Australia.

Rescission (Law) -- Australia.

Remedies (Law) -- Australia.

1. Reflections on the principles of proprietary remedies

2. Constructive trusts and distributive justice

3. Restitution of (property) rights

4. A typology of trusts by analogy

5. Constructive trusts, accessorial liability and judicial discretion

6. R3RUE, the taxonomy of the constructive trust and the fusion of law and equity

7. The Black v Freedman trust : vindicating proprietary rights or remedying wrongs?

8. Specific performance and the constructive trust

9. Proprietary responses to policy motivated claims : restitution in the Hinterland

10. Constructive trusts and equitable property relief : insights from estoppel

11. Defences, Bars and discretionary factors

12. A model of proprietary remedies.

This is a compilation of essays on the titled topic by a collection of eminent Australian legal writers. The work essentially attempts to take stock of the present state of the law in relation to proprietary remedies with the constructive trust at the epicenter. The editors contribute three chapters which attempt to unite the variety of essays. The bulk of the essays are contributed by academics, judges and practitioners with the result that there is a variety of complimentary approaches to the general topic of proprietary remedies.

Table of contents is taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9780455231815

xxx, 238 p. ; 25 cm