Cambridge University Press 978-1-316-62194-3 — Equity and Trusts in Australia Michael Bryan , Vicki Vann , Susan Barkehall Thomas Index More Information INDEX
Cambridge University Press 978-1-316-62194-3 — Equity and Trusts in Australia Michael Bryan , Vicki Vann , Susan Barkehall Thomas Index More Information INDEX accounts of profits, 54–5, 169 limitation statutes, 84–5 remedies for. See remedies allowances, 57–8 unclean hands, 86–8, 168 for breach of trust breach of confidence, 197 beneficiaries, 206 ‘but for’ test, 65–6, 333 calculation of, 55–7 administration of trust and, acquiescence, 85–6 207 calculation of equitable as equitable defence to creditors’ rights and, 313–14 compensation, 60–1 breach of trust, 329–30 differences between fixed breach of fiduciary duty, overlap with laches, 85–6 and discretionary trusts 63–5 advancement for, 207 breach of trust, 61–3 presumption of, 357–9 ‘gift-over’ right, 208–9 calculation of equitable agency indemnification of trustees, damages trusts and, 210–11 311–13 causation standard, 65–6 aggravated damages, 68 interest, trustees’ right to common law adjustments to Anton Piller order, 39 impound, 314 quantum, 66–8 Aristotle, 4 investment of trust funds, categories of constructive trusts, assessment of equitable 297, 299 371 damages, 51 ‘list certainty’, 227 as remedy to proprietary in addition to injunction or sui juris, 278, 312 estoppel, 380–2 specific performance, 51 trust property and, 208 as restitutionary remedy in substitution for injunction trustees’ right to recover for unjust enrichment, or specific performance, overpayment from, 315 380–2 51–2 breach of confidence, 17–18, 47, Baumgartner constructive assignments 50, 68 trusts, 375–9 equitable property, 138–9 defences to. See defences to common intention, family future property, 137–8 breach of confidence property disputes and, gifts, 133–6 remedies for.
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