|Book||Equity & Trusts: Commentary & Material 5th Edition||13/07/2011||9780455229065||$156.00|
The fifth edition of Equity and Trusts: Commentary and Materials builds on the strengths of the previous editions, and maintains its focus on prefacing case and statutory extracts by statements of principle to guide the student, and following extracts by comments and questions that both test the reader’s understanding and develop aspects of extracted material. Every effort has been made to make the work as accessible to the student as possible – in the main by ensuring that most extracts are not unduly lengthy – while at the same time focusing, chiefly via questions and commentary, on the learning outcomes essential to the study of equity and trusts.
This new edition includes extracts from the following important High Court judgments delivered since 2006, the topics of which highlight that Australian equity is not standing still:
• Kennon v Spry (nature of discretionary beneficiaries’ interests)
• Macedonian Orthodox Community Church v Eminence Petar (rights of trustees to seek court directions)
• Finch v Telstra Super Pty Ltd (duties of superannuation fund trustees)
• Aid/Watch Inc v Commissioner of Taxation (political purposes in charity law)
• Australian Broadcasting Corporation v O’Neill (interlocutory injunctions)
• Farah Constructions Pty Ltd v Say-Dee Pty Ltd (constructive trusts)
Consistent with its international and comparative focus, the fifth edition of this casebook includes new extracts from courts in the United Kingdom and Canada, including the following:
• Galambos v Perez (fiduciary principle)
• Breakspear v Ackland (rights of beneficiaries)
• Stack v Dowden (constructive trusts)
To this end, this new edition retains its progressive focus, and challenges readers to evaluate Australian law in its modern context.
The casebook works as an ideal companion to Equity and Trusts in Australia, which adopts the same chapter order and structure. Being written by the same author, the text and casebook present a consistent style and approach, making them ideal for teaching on equity courses, trusts courses or combined equity and trusts courses.
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From: Law Institute Journal, April 2012
Reviewed by Philip Barton, Victorian Bar
The casebooks commonly seen in lawyers’ offices are battered, remotely shelved and obsolete, but a reminder of carefree youth, of whether Dudley and Stephens were guilty, of slogging through Suisse Atlantic, and of how miraculously you passed. However, this book is a reminder that a good modern casebook has a place in the office.
First, although to cover the minutiae of both equity and trusts is difficult, the book’s comprehensiveness is demonstrated by divisions into: equitable interests (three chapters); relationships of trust (three chapters); unconscionable conduct (five chapters); unfair outcomes (four chapters); trusts (14 chapters); equitable defences (one chapter); and equitable remedies (nine chapters). The cases are spread between Australia, England, Canada and New Zealand, are current, and the net cast wide (for example, an unreported 2004 Victorian case illustrates part performance).
Second, this book will materially assist you because, being primarily pitched at students, a casebook is often the best introduction to an unfamiliar area. This assistance is enhanced by a comprehensive table of contents at the start of each chapter, and the aim “to preface any extract, whether case or legislative, with a statement of principle, and then develop some of the matters raised in the extract (as well as other pertinent or parallel matters) through further commentary and questions”.
The discussion of topics as diverse and difficult as equitable charges and liens, Kennon v Spry, the Quistclose trust and trusts for commercial purposes and investment is good.
- Law Institute Journal, April 2012 [PDF 236280]