Equity and Trusts in Australia
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By: Gino Evan Dal Pont
Prologue - Nature of Equity PART I: EQUITABLE INTERESTS Chapter 1: Nature and Creation of Equitable Interests Chapter 2: Equitable Priorities Chapter 3: Assignments in Equity PART II: RELATIONSHIPS OF TRUST Chapter 4: Fiduciary Relations Chapter 5: Government and the Public Trust Chapter 6: Confidential Information Chapter 7: Undue Influence PART III: UNCONSCIONABLE CONDUCT Chapter 8: Fraud and Mistake Chapter 9: Unconscionable Dealing Chapter 10: Estoppel Chapter 11: Relief Against Forfeiture PART IV: UNFAIR OUTCOMES Chapter 12: Part Performance Chapter 13: Penalty Clauses Chapter 14: Subrogation, Contribution and Marshalling Chapter 15: Deceased Estates PART V: TRUSTS Chapter 16: Nature of A Trust Chapter 17: The Requisite Certainties Chapter 18: Formalities and Complete Constitution Chapter 19: Legality of Trusts Chapter 20: Beneficiaries Chapter 21: Trustees Chapter 22: Duties of Trustees Chapter 23: Powers and Rights of Trustees Chapter 24: Breach of Trust Chapter 25: Variation, Resettlement and Termination of Trusts Chapter 26: Resulting Trusts Chapter 27: Trusts for Commercial Purposes Chapter 28: Trusts for Investment Chapter 29: Charitable Trusts PART VI: Equitable Defences Chapter 30: Equitable Defences PART VII: EQUITABLE REMEDIES Chapter 31: Injunctions Chapter 32: Mareva and Anton Piller Orders Chapter 33: Specific Performance Chapter 34: Compensation, Damages and Account of Profits Chapter 35: Rescission Chapter 36: Receivership Chapter 37: Declarations, Rectification, Specific Restitution and Delivery up Chapter 38: Constructive Trusts Chapter 39: Tracing.
AI Overview
"Equity and Trusts in Australia" by Gino Evan Dal Pont is a comprehensive textbook that provides an in-depth exploration 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 examines the principles governing relationships of trust, including fiduciary duties, trustee obligations, and the role of beneficiaries in trust arrangements.
- Unconscionable Conduct: The text discusses the concept of unconscionable conduct, which is central to equity law, and its application in various contexts such as contract law and property law.
- Unfair Outcomes: It addresses the issue of unfair outcomes, focusing on remedies available under equity to prevent unjust enrichment and protect vulnerable parties.
- Contextual Analysis: The book places Australian equity and trusts law within the broader context of common law developments, both judicial and legislative, from other jurisdictions.
Structure
The book is divided into several parts, each focusing on a specific aspect of equity and trusts law:
- Prologue: An introduction to the nature of equity.
- Part I: Equitable Interests: Exploring the various types of equitable interests.
- Part II: Relationships of Trust: Delving into fiduciary duties and trustee obligations.
- Part III: Unconscionable Conduct: Analyzing the concept of unconscionable conduct.
- Part IV: Unfair Outcomes: Discussing remedies for unfair outcomes.
- Part V: Other Equitable Doctrines: Covering additional equitable doctrines and principles.
Critical Reception
"Equity and Trusts in Australia" is widely regarded as a leading text in the field of equity and trusts law. The eighth edition has been praised for its comprehensive coverage, accessible style, and critical analysis of areas of uncertainty. The book's detail and breadth of coverage make it authoritative, as evidenced by its multiple citations in superior courts in Australia and elsewhere.
Practical Application
The book is not only a valuable resource for students but also an essential tool for practitioners. Its accompanying casebook, which follows the same chapter order and structure, makes the work ideal for both academic and professional use.
Editions and Availability
The book is available in various formats, including print and digital editions. The eighth edition is currently available as an eBook, and previous editions have been widely used in educational settings.
In summary, "Equity and Trusts in Australia" by Gino Evan Dal Pont is a seminal work that provides a thorough understanding of equity and trusts law in Australia, making it a crucial resource for both students and practitioners in the field.