Overview

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.

Full Product Details

9781862876583

Table of Contents

Reviews

This second edition comes only four years after the first. In a field which has not radically changed, that says a great deal for the author's industry and the demand for the book. The text is set out in a straightforward and comprehensive fashion. The first chapters compare the trust with other concepts and then deal with the three certainties required to create an express trust and the requirements for writing. The constitution of a voluntary trust is followed by the duties, liabilities, powers and rights of a trustee. The following chapters deal with charitable trusts, resulting trusts and constructive trusts. The book closes with chapters on tracing, life tenancies and the rule against the perpetuities. The book is written in a clear, readable style balancing the need to state the law clearly with the task of the text writer to question and forecast its future development. To whom is the text addressed? Students will enjoy the clear writing and the early introduction and comparisons. They will also find particularly useful the summaries at the end of each chapter. Practitioners will find a clear exposition of the theory and valuable summaries of the leading cases. However, they will probably look for more detail than is provided on the practical application of trusts in such areas as testamentary trusts, unit trusts and superannuation trusts. - Tim Johnstone, Ethos (ACT Law Society), Dec 2003

Author Information

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available