A Sourcebook on Equity and Trusts in Australia

Professor Michael Bryan was educated at the University of Oxford and at the University of London. He taught equity, trusts and restitution at the University of Melbourne for over twenty-five years, having previously taught at the University of Oxford and Queen Mary, University of London. He is also an editor of the practitioner work, Ford and Lee's Law of Trusts. Professor Degeling's research is about private law and its internal structures and architecture, and is premised on the view that private law should be transparent and rational. Her particular expertise lies in the law of unjust enrichment, the law of equity and the law of remedies. Within unjust enrichment scholarship, she has done extensive work on policy-motivated unjust factors and the intersections between unjust enrichment and tort. Professor Degeling uses both doctrinal and theoretical approaches to inform her work. Scott Donald joined the University of New South Wales Law Faculty in February 2010. Prior to joining the Faculty, Scott worked for Russell Investment Group (1994–2005, 2006–9), most recently as Director of Fiduciary Research. Before that he was an investment analyst with Ipac Securities (1986–94). In that time Scott has advised public and private sector organisations in Australia and overseas on issues associated with the regulation, governance and investment of superannuation funds. He was a part-time consultant to the Super System Review (the 'Cooper Review') that reported in June 2010 and a member of the Stronger Super Governance Consultative Working Group in 2011. His areas of expertise include regulation of financial products and services, theories of regulation, equity and trusts, and superannuation. Vicki Vann graduated from the University of Queensland, with Bachelor degrees in Arts and Law (Honours). She was awarded a Master of Laws degree from Monash University in 1997, and PhD in 2005. Her academic interests lie in the law of civil obligations, particularly equity, trusts and remedies. Vicki is admitted to practice in both Queensland and Victoria, and has taught at universities in both states. Dr Vann is Adjunct Associate Professor at Monash University, Victoria and has published widely in the field of equity and trust law, including Equity and Trusts in Australia (with Michael Bryan, Cambridge, 2012).

Part I. Introduction: 1. Introduction; Part II. Equitable Remedies: 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Rescission and rectification; 6. Bars to relief; Part III. Equity, Contract and Property: 7. Equity and contract; 8. Equitable proprietary interests; 9. Equitable assignments; Part IV. Equitable Obligations: 10. Fiduciary relationships; 11. Third party participation in a breach of fiduciary obligation; 12. Breach of confidence; Part V. Express Trust: 13. The concept of the express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable purposes; Part VI. Performing the Trust: 17. Trustees' duties and powers; 18. Investment of trust funds; 19. Trustees' rights; Part VII. Breach of Trust: 20. Breach of trust: defences and remedies; 21. Tracing; Part VIII. Non-consensual Trusts: 22. Resulting trusts; 23. Constructive trusts.