Trusts Law in Australia
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By: Denis S. K. Ong
Trusts Law in Australia, now in its fifth edition, provides a comprehensive and scholarly analysis of modern trusts law. Earlier editions have been praised for their utility both as a text for students and as for the sophisticated analysis of decisions they provide for practitioners.The text is logically structured, setting out the conceptual foundations of trusts before dealing with all of the key topics including express trusts, charitable trusts, voluntary trusts, resulting trusts, constructive trusts, writing and related requirements, the rules against perpetuities and accumulations, life tenants, remaindermen, tracing, and the duties, liabilities, powers, rights, appointments, retirement and removal of trustees.Professor Denis Ong's meticulous analysis of both the facts and reasoning of key judgments identifies conceptual anomalies in the law, and interprets and at times critiques the relevant Australian and UK authorities. Each chapter finishes with a summary of relevant legal principles, making the book unusually accessible.Among the important decisions included in this new edition:In Korda v Australian Executor Trustees (SA) Limited (2015) 255 CLR 62, the High Court stated the requirements for establishing an intention to create an express trust.In Australian Financial Services and Leasing Pty Limited v Hills Industries Limited (2014) 253 CLR 560, the High Court clarified the defence of a bona fide change of position.In Fischer v Nemeske Pty Ltd (2016) 257 CLR 615, the High Court addressed the distinction between trust and debt.The Federal Court in Jones v Matrix Partners Pty Ltd [2018] FCAFC 40 and in Lane v Deputy Commissioner of Taxation [2017] FCA 953, and, on the other hand, the Victorian Court of Appeal in Commonwealth v Byrnes [2018] VSCA 41, disagreed on the controversial ramifications of the trustee's right of indemnity.In Hasler v Singtel Optus Pty Ltd (2014) 87 NSWLR 609 and Fistar v Riverwood Legion and Community Club Ltd (2016) 91 NSWLR 732 the New South Wales Court of Appeal examined the volatile doctrine of accessory liability in equity.
AI Overview
"Trusts Law in Australia" by Denis S. K. Ong is a comprehensive textbook that provides a scholarly analysis of modern trusts law in Australia. Here is a detailed overview of the book:
Key Themes
Comprehensive Coverage: The book covers all key topics in trusts law, including express trusts, charitable trusts, voluntary trusts, resulting trusts, constructive trusts, writing and related requirements, the rules against perpetuities and accumulations, life tenants, remaindermen, tracing, and the duties, liabilities, powers, rights, appointments, retirement, and removal of trustees.
Legal Principles: Each chapter concludes with a summary of relevant legal principles, making the book accessible to both students and practitioners.
Case Law Analysis: The book includes an examination of significant case law developments in the areas of resulting, constructive, discretionary, and Quistclose trusts; mutual wills; complete constitution and requirements of writing; trustees’ rights of indemnity and remuneration.
Plot Summary
The book is structured logically, starting with the conceptual foundations of trusts before delving into the various types of trusts and related legal principles. It provides a thorough exposition of the application of the law of trusts, aiming to alleviate the anxiety often experienced by students, academics, and practitioners in understanding this complex area of law.
Critical Reception
Academic Praise: The book has been praised for its articulate and thorough exposition of the law of trusts. Denis Ong’s meticulous analysis of both the facts and reasoning of key judgments identifies conceptual anomalies in the law and interprets and critiques relevant Australian and UK authorities.
Editions and Updates: The book has been updated several times, with the latest edition being the fifth edition, which provides a comprehensive and scholarly analysis of modern trusts law.
Case Law Inclusion: The book includes important decisions from the High Court of Australia, such as Korda v Australian Executor Trustees (SA) Limited (2015) 255 CLR 62, Australian Financial Services and Leasing Pty Limited v Hills Industries Limited (2014) 253 CLR 560, and Fischer v Nemeske Pty Ltd (2016) 257 CLR 615, among others.
Critical Commentary: The book has been noted for its logical structure and accessibility, making it unusually accessible for readers to grasp the complex legal principles involved in trusts law.
Editions
- Third Edition (2007): This edition was well-organized and covered relevant topics such as charitable, resulting, and constructive trusts, tracing, and other key areas of trusts law.
- Second Edition (2003): This edition furthered the significant contribution made to the discipline by the initial publication in 1999, which has been referenced in many judgments including the High Court’s decision in The Associated Alloys Case.
- Fifth Edition (2018): This edition provides a comprehensive and scholarly analysis of modern trusts law, including recent case law developments and updates in the field.
Overall, "Trusts Law in Australia" by Denis S. K. Ong is a seminal work in the field of trusts law, providing a thorough and accessible analysis of the subject matter. Its comprehensive coverage, logical structure, and inclusion of significant case law make it an invaluable resource for both students and practitioners.