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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.
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.
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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