Principles of Equity and Trusts 5th edition

The fifth edition retains its original style of presenting principles and remedies relevant to equity and trusts in a straightforward and succinct manner, referencing up-to-date cases and materials. It includes a discussion of new developments in fiduciary obligations, express trusts, unconscionable dealing, constructive trusts, penalties, injunctions, trustee duties and charitable trusts.

New case discussions in this edition include:

Kakavas v The Crown (the High Court analysis of unconscientious dealing and knowledge of the special disability in the Crown casino);

Grimaldi v Chameleon Mining Ltd (the Full Federal Court analysis of corporate breach of fiduciary responsibilities and the applicability of constructive trusts and other proprietary remedies;

Korda v Australian Executive Trustees (SA) Ltd (the High Court examining the requirements for an intention to create an express trust);

Andrews v Australia and New Zealand Banking Group Ltd (the High Court examining the scope and range of penalties to determine whether credit card fees constitute a penalty);

Warner-Lambert Co LLX v Apotex Pty Ltd (the Federal Court considering the scope of the balance of convenience test for interlocutory injunctions within the context of patents).

This new edition remains an ideal book for undergraduate study, covering all aspects of equity and trusts jurisprudence in an accessible, comprehensive and up-to-date style.

Professor Samantha Hepburn is one of Australia’s pre-eminent legal scholars engaged in the examination of different aspects of equitable principles, equitable remedies, trusts, and property law. Samantha is the Research Director for the Law School at Deakin University and was previously an Associate Professor at the Australian National University.

Samantha completed her doctorate at the University of Melbourne. Her books on equity and trusts as well as land and property law and mining and energy law have been prescribed and referred to throughout Australia, New Zealand, Asia and the Pacific.

Her doctoral research and subsequent publications have focused upon a range of areas including the nature and focus of equitable principles in areas such as the nature and scope of unconscientious behaviour, equitable interests, equitable assignment and equitable mortgages, the relationship between equity and common law, feudal tenure and native title and more recently, carbon property interests and carbon capture sequestration.