Trusts Law in Australia

4. Auflage 2012
ISBN: 978-1-86287-876-1
Verlag: Federation Press

Buch, Englisch, 780 Seiten, Format (B × H): 174 mm x 246 mm, Gewicht: 1360 g

Trusts Law in Australia, now in its fourth 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 third edition in 2007, a number of significant cases have been decided in the area of trusts:

In relation to apparently explicit declarations of trust, Byrnes v Kendle (2011) 243 CLR 253 has changed the law laid down in the earlier High Court decision of Commissioner of Stamp Duties (Qld) v Jolliffe (1920) 28 CLR 178.
The decision in Jolliffe had been unchallenged in more than 90 years.
In the area of the fiduciary’s accountability for bribes taken in breach of fiduciary duty, two recent decisions are included: Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (in administrative receivership) [2011] 3 WLR 1153 and the contrary opinion of the Full Court of the Federal Court of Australia in Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6.
In the area of charitable trusts discussion of Aid/Watch Incorporated v Federal Commissioner of Taxation (2010) 241 CLR 539 is included. The impact of the Personal Property Security Act 2009 (Cth) on Romalpa clauses is also discussed.

Autoren/Hrsg.

Ong, Denis SK (Bond University

Ong, Denis SK

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. The Trust Compared with Some Other Concepts 2. Three Certainties Required for Creation of Express Trust 3. Writing Requirements for Certain Types of Transactions 4. Complete Constitution of Voluntary Trust 5. Trustees: Duties, Liabilities, Powers, Rights, Appointment, Retirement and Removal 6. Charitable Trusts 7. Resulting Trusts 8. Constructive Trusts 9. Tracing 10. The Rights of Life Tenant and Remainderman Regarding Income and Capital 11. The Rule Against Perpetuities and the Rule Against Accumulations

Über Autor(innen)

Ong, Denis SK
Denis Ong is a Professor of Law at Bond University. He has been teaching Equity and Trusts for over 35 years, at the Australian National University, Macquarie University and Bond University.

Prior to his appointment at Bond University, he was Head of the Law School at Macquarie University from 1987-1989.

In addition to Equity and Trusts he is also interested in the Law of Secured Transactions.

Titles by Denis SK Ong:

•Ong on Equity
•Trusts Law in Australia - Recent Release

Denis Ong is a Professor of Law at Bond University. He has been teaching Equity and Trusts for over 35 years, at the Australian National University, Macquarie University and Bond University.
Prior to his appointment at Bond University, he was Head of the Law School at Macquarie University from 1987-1989.
In addition to Equity and Trusts he is also interested in the Law of Secured Transactions.
Titles by Denis SK Ong:

•Ong on Equity•Trusts Law in Australia - Recent Release