Federation Press Trusts Law in Australia

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. Review Reviews of previous editions: '…the text provides a valuable statement about modern trusts law in Australia, including insights into the potential for changes in the law via the critique offered of the current law. Both students and practitioners can use the statement and critique not only to confirm their understanding of trusts law but also to reflect upon discrepancies in the law and how these anomalies may be treated by the courts in practice. The summary at the end of each chapter is a welcome tool in aiding the reader to remember the key principles discussed and to reference them. This, together with the other features which facilitate locating information in the text makes it easy for readers to use the text as a reference for either detailed analysis of the principles of trusts law in Australia or the particulars of the sources materials which establish the principles discussed.' – Proctor (Qld Law Society), February 2008 'This book contains a detailed consideration of the principles of trusts law in Australia. It will be a useful book for both students of trusts law and practitioners in need of a quick reference to key principles. … [Ong’s] expertise in the area certainly comes through in this edition. Each topic is dealt with comprehensively, and in a scholarly manner. Each principle is supported by very extensive footnote references to a range of well known, and less well known, cases cited as authority from around the common law world. … Professor Ong engages in a scholarly debate with the reader about the scope of particular cases and leads the reader through an assessment of their impact on the law. … [T]he in-depth focus on the facts, issues and reasonings of each case is an advantage that this book has over some of its competitors. One particularly useful feature for students is the provision of an overview summary at the end of each chapter. … The coverage of the book is truly national, with cases cited from across Australia, as well as relevant cases from the United Kingdom and New Zealand. Similarly legislative references are given to all juris