Trusts Law in Australia
By: Denis S. K. Ong
About This Book
Trusts Law in Australia, now in its third edition, provides a comprehensive and scholarly analysis of modern trusts law.The structure is unchanged from previous editions and the 12 chapters cover all the topics expected of a book on the law of trusts - 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 invaluable and important analysis addresses conceptual anomalies in the law, and interprets and critiques a large number of judicial decisions. Each chapter finishes with a summary of relevant legal principles, making the book unusually accessible.Since the publication of the second edition in 2003, a number of significant cases have been decided in the area of trusts:On the subject of writing requirements, the following cases have appeared: Theodore v Mistford Pty Ltd (2005) 221 CLR 612; Halloran v Minister Administering National Parks and Wildlife Act 1974 (2006) 80 ALJR 519; and Khoury v Khouri (2006) 66 NSWLR 241.Blackett v Darcy (2005) 62 NSWLR 392 has refined the Principle in Strong v Bird (1874) LR 18 Eq 315.Thirdly, the court's power to authorise expedient decisions, conferred under s81 of the Trustee Act 1925 (NSW), was analysed in Arakella Pty Ltd v Paton (2004) 60 NSWLR 334.In the area of proprietary estoppel there are the two not immediately reconcilable decisions in Sullivan v Sullivan [2006] NSWCA 312 and Donis v Donis [2007] VSCA 89.Most importantly, in the areas of liability commonly called knowing assistance and knowing receipt, the High Court has handed down its decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22.
AI Overview
"Trusts Law in Australia" by Denis S. K. Ong is a comprehensive and scholarly analysis of modern trusts law in Australia. Here is a detailed overview of the book:
Key Themes
- Conceptual Foundations of Trusts: The book starts by setting out the conceptual foundations of trusts, providing a solid groundwork for understanding the subject matter.
- Express Trusts: It covers express trusts, including the requirements for establishing an intention to create an express trust, as highlighted in key judgments such as Korda v Australian Executor Trustees (SA) Limited (2015).
- Charitable Trusts: The book delves into charitable trusts, discussing their unique characteristics and legal implications.
- Resulting and Constructive Trusts: It examines resulting and constructive trusts, which are crucial in understanding the various forms of trusts that arise by operation of law.
- Writing and Related Requirements: The text discusses the rules regarding writing and related requirements for trusts, including the complete constitution of trusts.
- Rules Against Perpetuities and Accumulations: It covers the Statement of Rule Against Perpetuities and Accumulations, which are essential in ensuring that trusts do not perpetuate indefinitely or accumulate excessively.
- Trustee’s Rights and Liabilities: The book explores the duties, liabilities, powers, rights, appointments, retirement, and removal of trustees, providing a comprehensive understanding of trustee roles.
- Tracing and Accessory Liability: It discusses tracing and accessory liability in equity, which are critical in resolving disputes involving trusts.
Plot Summary
The book is logically structured, starting with the conceptual foundations of trusts before moving on to key topics such as express trusts, charitable trusts, resulting trusts, constructive trusts, and the rules against perpetuities and accumulations. Each chapter concludes with a summary of relevant legal principles, making the book accessible to both academics and practitioners.
Critical Reception
- Academic Praise: The book has been praised for its meticulous analysis of both the facts and reasoning of key judgments, identifying conceptual anomalies in the law and interpreting and critiquing relevant Australian and UK authorities.
- Relevance to Practice: It has been noted that the book alleviates the anxiety often experienced by students, academics, and practitioners when dealing with trusts law, providing a thorough exposition of the application of the law of trusts.
- Inclusion of Recent Decisions: The fifth edition includes important decisions such as Korda v Australian Executor Trustees (SA) Limited (2015), Australian Financial Services and Leasing Pty Limited v Hills Industries Limited (2014), and Fischer v Nemeske Pty Ltd (2016), which have significantly contributed to the development of trusts law in Australia.
Editions
The book has been published in multiple editions:
- First Edition (1999): The initial publication, which has been referenced in many judgments, including the High Court’s decision in The Associated Alloys Case.
- Second Edition (2003): Furthered the significant contribution made by the initial publication, examining developments in various areas of trusts law.
- Third Edition (2007): Continued to provide a comprehensive analysis, with well-organized chapters covering relevant topics such as charitable, resulting, and constructive trusts, tracing, and more.
- Fifth Edition (2018): The latest edition, which provides a comprehensive and scholarly analysis of modern trusts law, including recent judicial decisions and critical interpretations of the law.
Overall, "Trusts Law in Australia" by Denis S. K. Ong is a seminal work in the field of trusts law, offering a thorough and accessible guide for academics, practitioners, and students alike.