Principles of equity and trusts / Samantha Hepburn.

Annandale, N.S.W. : The Federation Press, 2016.

5th edition

87015

Equity -- Australia.

Trusts and trustees -- Australia.

The nature of equity

The origin of the equity jurisdiction

The relatioship between Common Law and equity

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

Unconscious dealings

Estoppel

Penalties

Forfeiture

The nature of equitable remedies

Specific performance

Injunctions, Mareva Orders and Anton Piller Orders

Declarations

Pecuniary relief in equity

Tracing

Rescission, rectification, receivers and equitable defences

What is a trust?

A comparison between trusts and other legal relationships

Creating a trust: certainty rules

Creating a trust: formalities, and consequences of a failure to comply

Complete constitution of express trusts

Trusts and testamentary dispositions: secret trusts and mutual wills

Illegal trusts

Trustee's duties

Trustee's powers

Trustee and beneficiary rights

Variation of trust

Trusts for charitable purposes

Resulting trusts

Constructive trusts.

"This fifth edition of Principles of Equity and Trusts has been comprehensively updated and revised. The fifth edition retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner, referencing up-to-date cases and materials. It includes a discussion of new developments in fiduciary obligations, express trusts, unconscionable dealing, constructive trusts, penalties, injunctions, trustee duties and charitable trusts. New case discussions in this edition include: Kakavas v The Crown (the High Court analysis of unconscientious dealing and knowledge of the special disability in the Crown casino); Grimaldi v Chameleon Mining Ltd (the Full Federal Court analysis of corporate breach of fiduciary responsibilities and the applicability of constructive trusts and other proprietary remedies; Korda v Australian Executive Trustees (SA) Ltd (the High Court examining the requirements for an intention to create an express trust); Andrews v Australia and New Zealand Banking Group Ltd (the High Court examining the scope and range of penalties to determine whether credit card fees constitute a penalty); Warner-Lambert Co LLX v Apotex Pty Ltd (the Federal Court considering the scope of the balance of convenience test for interlocutory injunctions within the context of patents). This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive and up-to-date style." -- Publisher's website.

Includes index.

Table of contents and index are taken from the published work with the permission of the publisher.

9781760020538

li, 697 p. ; 25 cm