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A Sourcebook on Equity and Trusts in Australia

A Sourcebook on Equity and Trusts in Australia

2nd Edition


  • Publication planned for: November 2019
  • availability: Not yet published - available from November 2019
  • format: Paperback
  • isbn: 9781108703109

£ 89.99

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About the Authors
  • The second edition of A Sourcebook on Equity and Trusts in Australia follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court. Chapters contain problems and discussion questions designed to enhance student learning.

    • Provides clarity and succinctness in stating and presenting the law, without sacrificing depth
    • Provides key principles incrementally
    • Includes well chosen case extracts that are useful and provide good examples of the relevant principle
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    Product details

    • Edition: 2nd Edition
    • Publication planned for: November 2019
    • format: Paperback
    • isbn: 9781108703109
    • dimensions: 247 x 174 mm
    • availability: Not yet published - available from November 2019
  • Table of Contents

    Part I. Introduction:
    1. Introduction
    Part II. Equitable Remedies:
    2. An introduction to equitable remedies
    3. Specific performance, injunctions and equitable damages
    4. Monetary remedies in equity
    5. Recission and rectification
    6. Bars to relief
    Part III. Equity, Contract and Property:
    7. Equity and contract
    8. Equitable proprietary interests
    9. Equitable assignments
    Part IV. Equitable Obligations:
    10. Fiduciary relationships
    11. Third party participation in a breach of fiduciary obligation
    12. Breach of confidence
    Part V. Express Trusts:
    13. The concept of an express trust
    14. Certainty requirements in the law of trusts
    15. Creating an express trust
    16. Trusts for charitable purposes
    Part VI. Performing the Trust:
    17. Trustees' duties and powers
    18. Investment of trust funds
    19. Trustees' rights
    Part VII. Breach of Trust:
    20. Breach of trust: defences and remedies
    21. Tracing
    Part VIII. Resulting and Constructive Trusts:
    22. Resulting trusts
    23. Constructive trusts
    24. Termination and variation of trusts.

  • Authors

    Michael Bryan, University of Melbourne
    Michael Bryan was educated at the University of Oxford and received his Ph.D. degree from University College, London. Before his appointment to the University of Melbourne in 1991 he taught law at Oriel College, Oxford, and at Queen Mary College, University of London. He is an editor of Ford and Lee: The Law of Trusts. He has also co-authored (with Vicki Vann) Equity and Trusts in Australia (Cambridge, 2012) and co-edited (with Elise Bant) Principles of Proprietary Remedies (2013). Bryan has also written extensively on equity, trusts and restitution in refereed journals, and given presentations at academic, judicial and other conferences and seminars.

    Simone Degeling, University of New South Wales, Sydney
    Simone Degeling is engaged with research about private law and its internal structures and architecture. Her research is premised on the view that private law should be transparent and rational. Degeling's expertise lies in the law of unjust enrichment, the law of equity and the law of remedies. She has done extensive work on policy motivated unjust factors and the intersections between unjust enrichment and tort.

    Scott Donald, University of New South Wales, Sydney
    Scott Donald joined the Law Faculty, University of New South Wales, Sydney in February 2010. Prior to joining the Faculty, he worked in a variety of senior roles for Russell Investment Group (1994–2005, 2006–09), including Director of Research, Director of Product Development (EMEA) and, most recently, Director of Fiduciary Research. Before that he was an investment analyst with Ipac Securities (1986–94). In that time Scott Donald has advised a wide range of public and private sector organisations in Australia and overseas on issues associated with the regulation, governance and investment of superannuation and investment funds. He was a consultant to the Super System Review (the 'Cooper Review') that reported in June 2010 and a member of the Stronger Super Governance Consultative Working Group in 2011. Scott Donald was a recipient of a Brian Gray Scholarship from RBA/APRA in 2009 and was joint winner of the inaugural Research Prize at the 7th Annual Australian Sustainability Awards in 2008. He has published widely in the academic, professional and industry press on issues related to regulation, law, governance and investment strategy.

    Vicki Vann, Monash University, Victoria
    Vicki Vann was admitted to practice in Queensland in 1983. She completed her doctorate (Equitable Compensation in Australia: Principles and Problems) in 2005. Vicki Vann is the author or co-author of numerous books, including Equity and Trusts in Australia (Cambridge, 2012), Equity (2nd edition, 2011), Trusts (2nd edition, 2012). She is currently working on new editions of all of those books, and on a companion 'Cases and Materials' to Equity and Trusts in Australia. Vann had also published many journal articles in her preferred research areas: equity, trusts, corporate law and mediation. She is a highly-experienced university teacher and teaches in both the undergraduate and JD programs.

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