A Sourcebook on Equity and Trusts in Australia

Michael Bryan was educated at the University of Oxford and received his Ph.D. degree from University College, London. Before his appointment to the University of Melbourne in 1991 he taught law at Oriel College, Oxford, and at Queen Mary College, University of London. He is an editor of Ford and Lee: The Law of Trusts. He has also co-authored (with Vicki Vann) Equity and Trusts in Australia (Cambridge, 2012) and co-edited (with Elise Bant) Principles of Proprietary Remedies (2013). Bryan has also written extensively on equity, trusts and restitution in refereed journals, and given presentations at academic, judicial and other conferences and seminars. Simone Degeling is engaged with research about private law and its internal structures and architecture. Her research is premised on the view that private law should be transparent and rational. Degeling's expertise lies in the law of unjust enrichment, the law of equity and the law of remedies. She has done extensive work on policy motivated unjust factors and the intersections between unjust enrichment and tort. Scott Donald joined the Law Faculty, University of New South Wales, Sydney in February 2010. Prior to joining the Faculty, he worked in a variety of senior roles for Russell Investment Group (1994–2005, 2006–09), including Director of Research, Director of Product Development (EMEA) and, most recently, Director of Fiduciary Research. Before that he was an investment analyst with Ipac Securities (1986–94). In that time Scott Donald has advised a wide range of public and private sector organisations in Australia and overseas on issues associated with the regulation, governance and investment of superannuation and investment funds. He was a 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. Scott Donald was a recipient of a Brian Gray Scholarship from RBA/APRA in 2009 and was joint winner of the inaugural Research Prize at the 7th Annual Australian Sustainability Awards in 2008. He has published widely in the academic, professional and industry press on issues related to regulation, law, governance and investment strategy. Vicki Vann was admitted to practice in Queensland in 1983. She completed her doctorate (Equitable Compensation in Australia: Principles and Problems) in 2005. Vicki Vann is the author or co-author of numerous books, including Equity and Trusts in Australia (Cambridge, 2012), Equity (2nd edition, 2011), Trusts (2nd edition, 2012). She is currently working on new editions of all of those books, and on a companion 'Cases and Materials' to Equity and Trusts in Australia. Vann had also published many journal articles in her preferred research areas: equity, trusts, corporate law and mediation. She is a highly-experienced university teacher and teaches in both the undergraduate and JD programs.

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. Recission 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 Trusts: 13. The concept of an 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. Resulting and Constructive Trusts: 22. Resulting trusts; 23. Constructive trusts; 24. Termination and variation of trusts.