A Sourcebook on Equity and Trusts in Australia - Bryan et al

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Michael Bryan, Simone Degeling Scott Donald, Vicki Vann

A SOURCEBOOK ON EQUITY AND TRUSTS IN AUSTRALIA

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This text encourages students to understand how the principles of equity and the law of trusts apply in the real world.

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PUBLICATION PLANNED FOR: February 2016 FORMAT: Paperback ISBN: 9781107663213

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A SOURCEBOOK ON EQUITY AND TRUSTS IN AUSTRALIA A Sourcebook on Equity and Trusts in Australia can be used as both a freestanding casebook, and as a companion to the Equity and Trusts in Australia textbook.

Part III. Equity, Contract and Property:

AUTHORS:

7. Equity and contract; 8. Equitable proprietary interests; 9. Equitable assignments;

Following the structure of the textbook, the Sourcebook provides a selection of primary legal materials together with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools.

Part IV. Equitable Obligations:

Professor Michael Bryan was educated at Oxford University and at London University. He taught equity, trusts and restitution at the University of Melbourne for over twenty-five years, having previously taught at Oxford University and Queen Mary College, London University. He is also an editor of the practitioner work, Ford and Lee’s Law of Trusts.

Key highlights of this text include:

Part V. Express Trust:

• Designed as both a freestanding casebook as well as a companion to Equity and Trusts in Australia by Michael Bryan and Vicki Vann • Carefully selected cases with detailed commentary and accompanying questions and discussion topics • Four authors with a wealth of experience in Australian equity and trust law

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. Rescission and rectification; 6. Bars to relief;

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10. Fiduciary relationships; 11. Third party participation in a breach of fiduciary obligation; 12. Breach of confidence; 13. The concept of the 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;

Simone Degeling is a Professor of Law at UNSW Law, Australia. She is an expert in private law specialising in equity & trusts, remedies, and the law of restitution and unjust enrichment. Simone is a Fellow of The Australian Academy of Law, the General Editor of the Journal of Equity and a member of the advisory board of the SSRN eJournal of Fiduciary Law. She is also a Fellow of The Australian Centre for Private Law, University of Queensland.

Scott Donald joined the University of New South Wales Law Faculty in February 2010. Prior to joining the Faculty, Scott worked as for Russell Investment Group (1994-2005, 20062009), most recently as Director of Fiduciary Research. Before that he was an investment analyst with Ipac Securities (1986-1994). Vicki Vann graduated from the University of Queensland, with Bachelor degrees in Arts and Law (Honours). She was awarded a Master of Laws degree from Monash University in 1997, and Ph D in 2005. Vicki is Adjunct Associate Professor at Monash University, and has published widely in the field of equity and trust law, including Equity and Trusts in Australia, Cambridge University Press, 2012, with Michael Bryan.

Part VII. Breach of Trust: 20. Breach of trust: defences and remedies; 21. Tracing; Part VIII. Non-consensual Trusts: 22. Resulting trusts; 23. Constructive trusts.

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