Subject notes for ANU LAWS2205
Semester 2, 2017
Brief 6 page (3 pages double sided) summary used in equity exam.
Mini summary of facts of main cases (in green).
**Includes useful quotes from cases so you can get that HD!
Set out very clearly with headings.
Covers topics such as:
• Express trusts (certainty of intention, certainty of subject matter, certainty of objects, formalities, complete constitution, illegality);
• Administration of trusts (who can be a trustee, powers of the trustee, trustee duties, termination of trusts, removing trustees, exclusion of liability);
• Remedies for breach of trust and fiduciary duty (loss based remedies, gain based remedies, rescission);
• Third party liabilities for breach of trust or fiduciary duty (procurement liability, recipient liability, knowing assistance liability);
• Resulting and constructive trusts (resulting trusts arising on non-disposal of the beneficial interest, purchase price resulting trusts, constructive trusts);
• Specific performance and prohibitory injunctions; and
• A brief part on fiduciaries (not assessed in our year, but had it just in case).