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Equity and Trusts in Australia offers an accessible introduction to the principles of Australian equity and trusts law for students, linking key doctrines to their wider relationship with the law. The text covers foundational topics of equity and trusts law, including the nature of equity, fiduciary relationships and trust structures. This edition has been revised to include recent landmark decisions and a new chapter on termination and variation of trusts. Each chapter concludes with a guide to the online resources, which encourage students to extend their knowledge of the content through further reading, practice problems and discussion topics. Written by a team of experienced authors, Equity and Trusts in Australia is an ideal text for students undertaking this area of study for the first time. A Sourcebook on Equity and Trusts in Australia is also available and provides cases and primary legal materials to accompany Equity and Trusts in Australia.
A Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook. The third edition has been fully updated to discuss recent landmark decisions, including Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 and Smethurst v Commissioner of Police [2020] HCA 14. Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students' understanding of complex cases and issues. Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.
Remedies matter in legal disputes. Plaintiffs want to know how much they will receive if they are successful. Defendants want to know how much they will have to pay. The remedy of equitable compensation has risen to prominence in recent years, in response to breaches of trust and fiduciary duty. Yet the principles that underpin the remedy and guide calculation of quantum are little understood, even by lawyers. This book examines the history and theory of equitable compensation and establishes a methodology for calculation of quantum. Six equitable causes of action are examined. These include breach of trust, breach of fiduciary duty and breach of confidence, where the remedy is well-recognised. Three emerging jurisdictions are also discussed - undue influence, unconscientious conduct and equitable estoppel. This analysis should be of great use to both practicing and academic lawyers in all common law countries, and to professionals in the fiduciary field such as trustees, company directors, partners and agents.
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