Principles of equity and trusts / Samantha Hepburn.

Annandale, N.S.W. : The Federation Press, 2020.

6th ed.

90143

Equity -- Australia.

Trusts and trustees -- Australia.

1. The nature of equity

2. The origin of the equity jurisdiction

3. The relatioship between Common Law and equity

4. Equitable proprietary interests

5. Characterisation of equitable proprietary interests

6. Equitable priority rules

7. Equitable assignments

8. Fiduciary obligations

9. The protection of confidential information

10. Fraud in equity

11. Mistake in equity

12. Misrepresentation

13. Undue influence

14. Unconscious dealings

15. Estoppel

16. Penalties

17. Forfeiture

18. The nature of equitable remedies

19. Specific performance

20. Injunctions, Mareva Orders and Anton Piller Orders

21. Declarations

22. Pecuniary relief in equity

23. Tracing

24. Rectification, receivers and equitable defences

25. What is a trust?

26. A comparison between trusts and other legal relationships

27. Creating a trust: the certainty rules

28. Creating a trust: formalities, and consequences of a failure to comply with them

29. Complete constitution of express trusts

30. Trusts and testamentary dispositions: secret trusts and mutual wills

31. Illegal trusts

32. Trustee's duties

33. Trustee's powers

34. Trustee and beneficiary rights

35. Variation of trust

36. Trusts for charitable purposes

37. Resulting trusts

38. Constructive trusts.

This sixth edition of Principles of Equity and Trusts has been comprehensively updated and revised. It 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. Among the many significant new decisions discussed in the sixth edition are the following judgments of the High Court of Australia: 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). - Publisher's website.

Includes bibliographical references and index.

9781760022495

lvii, 818 p. ; 25 cm