ISBN 9780455235059: Equity and Trusts in Australia
The sixth edition of Equity and Trusts in Australia remains the leading text for students of Equity and Trusts. It continues to provide a comprehensive, but at the same time, accessible coverage of the law of equity and trusts in Australia. It places that law in the context of developments, both judicial and legislative, in other common law countries. At the same time, it adopts a critical analysis in areas of uncertainty, and makes very frequent reference to the views of commentators from Australia and elsewhere.
The sixth edition continues to develop some aspects of the work. In particular, the material relating to the law of equitable estoppel, charitable trusts, superannuation trusts, penalty clauses and constructive trusts have all been reviewed and updated.
The detail and breadth of coverage of the work make it considerably authoritative, as evidenced by its multiple citations in superior courts in Australia and elsewhere. It therefore constitutes an essential resource for the practitioner. Its accessible style, coupled with an accompanying casebook that adopts the same chapter order and structure, also makes the work ideal for students. Together they mark the work as unique in Australian equity and trusts.
ISBN 9780455235073: Equity and Trusts: Commentary and Materials
The sixth edition of Equity and Trusts: Commentary and Materials builds on the strengths of the previous editions, and maintains its focus on prefacing case and statutory extracts by statements of principle to guide the student, and following extracts by comments and questions that both test the reader’s understanding and develop aspects of extracted material. Every effort has been made to make the work as accessible to the student as possible – in the main by ensuring that most extracts are not unduly lengthy – while at the same time focusing, chiefly via questions and commentary, on the learning outcomes essential to the study of equity and trusts.
This new edition includes extracts from important High Court judgments delivered since early 2011, including Sidhu v Van Dyke on the topic of estoppel, and Byrnes v Kendle on the issue of certainty of intention for trusts. The Canadian Supreme Court’s 2011 judgment in Elder Advocates of Alberta Society v Alberta is also extracted at length as a vehicle to investigate the challenges in applying fiduciary notions in the public law sphere. Other significant Australian High Court decisions, including Kakavas v Crown Melbourne Ltd on unconscionable dealing, and Andrews v Australia and New Zealand Banking Group Ltd on penalty clauses, are the subject of briefer extracts and commentary in the notes. The topic of constructive trusts, moreover, sees expanded commentary in view of the issues raised in Grimaldi v Chameleon Mining NL (No 2) and FHR European Ventures LLP v Cedar Capital Partners LLC, each of which is extracted in the notes.
To this end, this new edition retains its progressive focus, and challenges readers to evaluate Australian law in its modern context.
The casebook works as an ideal companion to the sixth edition of Equity and Trusts in Australia, which adopts the same chapter order and structure. Being written by the same author, the text and casebook present a consistent style and approach, making them ideal for teaching on equity courses, trusts courses or combined equity and trusts courses.