Equity and Trusts in Australia
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By: Gino Evan Dal Pont
The fifth edition OF EQUITY AND TRUSTS IN AUSTRALIA 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 fifth edition has furnished the opportunity, in addition to effecting a detailed review of the latest legal developments and trends, to further develop some aspects of the work. In particular, the material relating to the law of equitable estoppel, charitable trusts, superannuation trusts, constructive trusts and the rights of trust beneficiaries have all undergone significant review. 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.
AI Overview
"Equity and Trusts in Australia" by Gino Evan Dal Pont is a comprehensive legal textbook that provides an in-depth examination of the law of equity and trusts in Australia. Here is a detailed overview of the book, including its key themes, structure, and critical reception:
Key Themes
- Equitable Interests: The book delves into the nature and types of equitable interests, including trusts, equitable mortgages, and other forms of equitable property rights.
- Relationships of Trust: It explores the various relationships that involve trust, such as express trusts, implied trusts, and resulting trusts.
- Unconscionable Conduct: The text examines the principles of unconscionable conduct, including undue influence and unconscionable bargains.
- Unfair Outcomes: It discusses the remedies available to prevent or mitigate unfair outcomes in equity and trusts, such as rectification and rescission.
- Contextual Analysis: The book places the law of equity and trusts within the broader context of common law developments, both judicial and legislative, in other jurisdictions.
Structure
The book is divided into several parts:
- Part I: Equitable Interests
- Part II: Relationships of Trust
- Part III: Unconscionable Conduct
- Part IV: Unfair Outcomes
- Part V: Remedies and Enforcement
This structure allows for a systematic and comprehensive coverage of the subject matter, making it accessible to both students and practitioners.
Critical Reception
"Equity and Trusts in Australia" is widely regarded as a leading text in the field. Its eighth edition has been praised for its detailed and accessible coverage of the law, making it an essential resource for practitioners and students alike. The book's critical analysis in areas of uncertainty and frequent references to Australian and international commentators add to its authority. It has been cited in superior courts in Australia and other jurisdictions, further solidifying its reputation as a definitive work on equity and trusts in Australia.
Editions and Availability
The book is available in both print and digital formats. The eighth edition, which is the latest version, can be purchased as an eBook from Thomson Reuters. The book is also available on StudentVIP, where students can view copies and potentially purchase or borrow them.
Practical Use
The text is not only a valuable resource for academic purposes but also serves as a practical guide for legal professionals. Its accompanying casebook, which follows the same chapter order and structure, makes it an ideal tool for both students and practitioners looking to apply the principles of equity and trusts in real-world scenarios.
In summary, "Equity and Trusts in Australia" by Gino Evan Dal Pont is a comprehensive and authoritative textbook that provides a detailed examination of the law of equity and trusts in Australia. Its critical reception and practical applications make it an essential resource for anyone studying or practicing in this field.