Equity and Trusts, 5th edition

A clear and comprehensive analysis of the law of equity and trusts

Published: 12 June, 2024

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Book: Paperback
AUD$ 205.00
In Stock ISBN: 9780409352948
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In Stock ISBN: 9780409352955

Equity and Trusts provides a thorough and accessible account of the law of equity and trusts in Australia. Divided into twelve parts, the book explores the nature and history of equity, the relationship between equity and contracts and property, the law of trusts, equitable obligations, defences and remedies, unconscionable transactions and miscellaneous equitable doctrines. Each chapter provides a detailed analysis of the leading cases and commentary in these areas, including leading authorities in other Commonwealth jurisdictions. Boxed case summaries assist the reader in understanding key cases.

The fifth edition has been fully revised and discusses significant authorities decided since the last edition, including decisions of the Australian High Court, UK Supreme Court and Privy Council on:

  • challenging the exercise of a trustee's discretion: Grand View Private Trust Co Ltd v Wen-Young Wong [2022] UKPC 47;

  • knowing receipt claims: Byers v Saudi National Bank [2024] 2 WLR 237; [2023] UKSC 51

  • proprietary estoppel: Guest v Guest [2022] 3 WLR 911; [2022] UKSC 27; Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 260 CLR 1;

  • resulting trusts: Bosanac v Commissioner of Taxation (2022) 275 CLR 37; Whitlock v Moree [2017] UKPC 44;

  • subrogation: Swynson Ltd v Lowick Rose llp (in liq) [2018] AC 313;

  • the trustee's right of indemnity: Equity Trust (Jersey) Ltd v Halabi [2023] AC 877; Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524;

  • third persons who are personally accountable in equity: Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1;

  • unconscionable conduct: Stubbings v Jams 2 Pty Ltd (2022) 399 ALR 409; [2022] HCA 6;

  • undue influence: Thorne v Kennedy (2017) 263 CLR 85.

Recent decisions of intermediate appellate courts, including on topics such as constructive trusts, fiduciary duties, tracing, and rectification, are also covered.

Clear explanations of complex principles make this book an invaluable resource for students, as well as an authoritative and reliable reference for practitioners and scholars.

In her Foreword to the text, the President of the New South Wales Court of Appeal, the Hon Justice Julie Ward, stated: 

‘In this, the fifth edition of Equity and Trusts, Michael Evans, Theresa Power and Joseph Power have shown a collective capacity to move through the complex contours of equity across a breadth of applications, while providing clarity and concision in its modern form.  … [T]his text is one of value to those needing to navigate the daunting correction of law’s deficiencies that is equity and I commend it accordingly.’

The above extract is reproduced with the kind permission of President Ward.

Features

  • Clear explanations on meaning and application of key principles

  • Commentary supported by case examples

  • Case summaries assist understanding of leading cases

  • Fully revised and updated to include current developments in case law and legislation

  • Experienced author team

  • Ideal for students

  • Authoritative reliable reference for practitioners

Related Titles

  • Cockburn & Wright, LexisNexis Questions and Answers: Equity and Trusts, 5th ed, 2021

  • Heydon & Leeming, Cases and Materials on Equity and Trusts, 9th ed, 2019

  • Heydon, Leeming & Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies, 5th ed, 2015

  • Pearce & Somes, LexisNexis Study Guide: Equity, 4th ed, 2024

  • Radan & Stewart, Principles of Australian Equity and Trusts, 5th ed, 2022

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