Trusts Law in Australia
Publication Date 1 Jan 2007
OverviewTrusts Law in Australia, now in its third 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 second edition in 2003, a number of significant cases have been decided in the area of trusts: On the subject of writing requirements, the following cases have appeared: Theodore v Mistford Pty Ltd (2005) 221 CLR 612; Halloran v Minister Administering National Parks and Wildlife Act 1974 (2006) 80 ALJR 519; and Khoury v Khouri (2006) 66 NSWLR 241. Blackett v Darcy (2005) 62 NSWLR 392 has refined the Principle in Strong v Bird (1874) LR 18 Eq 315. Thirdly, the court's power to authorise expedient decisions, conferred under s81 of the Trustee Act 1925 (NSW), was analysed in Arakella Pty Ltd v Paton (2004) 60 NSWLR 334. In the area of proprietary estoppel there are the two not immediately reconcilable decisions in Sullivan v Sullivan  NSWCA 312 and Donis v Donis  VSCA 89. Most importantly, in the areas of liability commonly called knowing assistance and knowing receipt, the High Court has handed down its decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd  HCA 22.