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Equity and Trusts

LAW302 This course builds on doctrines encountered in contracts, property and corporate and partnership law.

Laws of Australia - Westlaw AU

Equity - History & Nature

Introduction; History and Nature of Equitable Jurisdiction; Nature of Equitable Rights and Interests; Priorities between Equitable Claims


Equitable Defences

Compensation and Damages




Westlaw AU - Journals

Halsbury's Laws of Australia - Lexis Advance

Equity Chapter The title equity states the law in relation to equity and equitable doctrines in Australia, including fiduciaries, assignments, unconscionable transactions, remedies and defences.

Nature of Equity - Equity is the body of law developed by the Court of Chancery in England .....

Equitable Property Interests - The range of estates and interests recognised by the courts of equity very greatly in their nature and content. 

Assurances and Assignments - An assignment is the "immediate transfer of an existing proprietary right, vested or contingent, from the assignor to the assignee".

Fiduciaries - The essence of any fiduciary relationship is that equity will not allow the fiduciary to enter into any engagement in which the fiduciary has .... 

Unconscionable Transactions - A court of equity has jurisdiction to relive against every species of fraud ... 

Miscellaneous Doctrines - the effect of this doctrine was that money directed or agreed ... 

Equitable Remedies - An injunction is an order of the court which forbids the commission ..

Equitable Defences - At law, a right to set-off mutual debts between the plaintiff and the defendant ... 


Trusts Chapter The title trusts states the law relating to trusts in Australia. It addresses the nature and creation of trusts (including both express and non-express trusts), together with the law relating to the status, duties, powers and rights of trustees, and the circumstances where a variation of trust is permissible. The title concludes with the topic of breach of trust, including the available remedies and defences

Nature & Creation of Trusts - A person who, either alone of jointly with another or others, has property ...

Trustees - The general rule is that any person who has the legal capcity to take and hold title to property ...

Administration of Trusts - Upon assuming trusteeship, a trustee must acquaint himself or herself ...

Breach of Trust - A breach of trust consists in an act by a trustee in contravention of the duties .... 

Lexis Advance - Journals

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