Bachelor of Laws: Equity & Trusts
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Court of Chancery, Lincoln's Inn Hall, 1808
Contacts
Mr Murray Greenway
(College Librarian, College of Law and Justice)
murray.greenway@vu.edu.au
+61 3 9919 1834
Ms Debra Hutchinson
(Librarian, College of Law and Justice)
debra.hutchinson@vu.edu.au
+61 3 9919 1850
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Prescribed Text - eBooks
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Principles of Australian equity and trusts by Call Number: INTERNETISBN: 9780409353013Publication Date: 2022 -
Principles of Australian Equity and Trusts: Cases and Materials by Call Number: INTERNETISBN: 9780409353037Publication Date: 2022
eBooks
Related Subjects in VU Catalogue
Introduction
How to use this guide.
Dictionary
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Journal Articles
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Encyclopaedia
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Referencing Guides
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Equity and Trusts - Dictionary Definitions
Dictionary
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Equity 1. The separate body of law, developed in the Court of Chancery, which supplements, corrects, and controls the rules of common law. 2. A right recognised by a court of equity Trust A device by which one person holds property for the benefit of another person. (Encyclopaedic Australian Legal Dictionary, 2011)
The Encyclopaedic Australian Legal Dictionary contains over 25000 definitions. The dictionary is a secondary source, but it frequently refers to primary sources such as case law and legislation,as authorities for the definitions that it provides. It can be helpful to look up definitions of any words or phrases in an assessment that you are unfamiliar with. |
The Encyclopaedic Australian Legal Dictionary provides definitions of legal words and phrases, and gives explanations of well known rules and principles of law.
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Journals in Print and Online
Journal Articles
AGIS (Attorney Generals Information Service) - is the leading legal journals database in Australia. Use AGIS to search hundreds of journals for articles about Equity & Trusts Law.
If you wish to browse, then the journals below may be useful places to start
Halsbury's Laws of Australia - Legal Encyclopaedia
Encyclopaedia
Halsbury's Laws of Australia is a comprehensive legal encyclopaedia. Halsbury's provides concise statements of the law supported by references to primary authorities contained in detailed footnotes. Halsbury’s is divided into 89 subject areas, known as titles. It can be browsed or searched. Halsbury's also includes a consolidated index.
Using a legal encyclopedia can be an efficient way to begin researching a topic.
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Nature of EquityModern Jurisdiction in Equity; Equitable Jurisdiction of the Australian Courts; Maxims of Equity
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Equitable Property InterestsEquitable Property Interests — General; Priorities Between Two Competing Equitable Property Interests; Notice Requirement in Relation to Equitable Property Interests
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Assurances and AssignmentsAssignments in Equity; Equitable Principle of Subrogation; Equitable Doctrine of Contribution; Equitable Doctrine of Marshalling
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FiduciariesNature of Fiduciary Relationships; Relationships Recognised as Fiduciary; Relationships Not Presumed To Be Fiduciary; Fiduciary Duties; Breach of Fiduciary Duties; Defences to Breach of Fiduciary Duty; Remedies for Breach of Fiduciary Duty
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Unconscionable TransactionsFraud in Equity; Unconscionable Transactions — Misrepresentation; Unconscionable Transactions — Mistake; Unconscionable Transactions — Unconscionable Dealing; Unconscionable Transactions — Undue Influence; Relief Against Penalties and Forfeiture in Equity
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Equitable RemediesInjunctions; Specific Restitution; Damages and Compensation in Equity; Rescission; Rectification; Action of Account; Delivery-up and Cancellation of Documents; Appointment of Receivers and Managers; Tracing
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Equitable DefencesEquitable Set-off; Equitable Defences — Laches and Acquiescence; Analogy of Statutes of Limitations; Release and Waiver
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Nature & Creation of TrustsIntroduction; Express Trusts; Non-Express Trusts; The Trust Estate; Beneficiaries Under The Trust; Termination f Trust
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TrusteesCapacity of Trustees; Kinds of Trustees; Appointment of Trustees; Vesting Orders; Vacation of Trustee Office; Rights of Trustees; Disabilities of Trustees
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Administration of TrustsDuties of Trustees; Powers of Trustees; Intervention by the Court
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Breach of TrustLiability; Exemptions from Liability; Relief from Liability for Breach of Trust; Contribution between Trustees and Recoupment from Beneficiaries
Laws of Australia - Legal Encyclopaedia
Encyclopaedia
The Laws of Australia covers over 320 specific topics across 36 broad subject areas. Stating the core principles of the law around a legal topic (bolded at the start of each paragraph of text) and acting as an explanatory tool or starting point for researching key substantive legislative and case law, The Laws of Australia features over 40,000 legal propositions.
Aiding your online legal research, The Laws of Australia online also provides thousands of links to our other online services such as FirstPoint, law journals, law reports and Unreported Judgments, all on Westlaw AU.
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Equity - History & NatureIntroduction; History and Nature of Equitable Jurisdiction; Nature of Equitable Rights and Interests; Priorities between Equitable Claims
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FiduciariesIntroduction; Identifying Fiduciary Relationships; Fiduciary Categories; Fiduciary Duties; Defences to Breach of Fiduciary Duty; Remedies
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Contribution, Subrogation and MarshallingDefinition and scope; Contribution; Subrogation; Marshalling
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Equitable DefencesIntroduction; Waiver: Release and Estoppel; Delay; Illegality and Unclean Hands; Set-off
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DeclarationsIntroduction, Exercise of discretion
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Specific PerformanceIntroduction; Nature of remedy; Preconditions to Obtaining Specific Performance; Discretionary Considerations and Defences; Specific Performance and Other Equitable Remedies; Specific Performance and Bankruptcy
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RescissionIntroduction; Nature of rescission; Elements of rescission; Bars to relief
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InjunctionsIntroduction; Perpetual Injunctions; Interlocutory and Interim Injunctions; Mareva Orders; Anton Piller Orders
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Compensation and DamagesIntroduction; Compensation in Equity; Equitable Damages; Future of Equitable Compensation and Damages
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TracingIntroduction; Nature of Tracing; Tracing at Common Law; Tracing in Equity; Tracing and Related Concepts
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Taking AccountsIntroduction, Availability of Remedy; Account of Profits: General Principles; Procedure of Taking Account; Calculation of Profit
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Delivery Up, Cancellation and RectificationIntroduction; Principles of Delivery Up and Cancellation; Rectification
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TrustsIntroduction; Classification; Essentials of Express Trust; Varieties of Express Trusts; Resulting and Constructive Trusts; Termination of Trust
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TrusteesIntroduction; Capacity, Appointment and Removal; Rights of Trustees; Variation of Trust; Duties of Trustees; Powers of Trustees; Claims against Trustees