Trusts Law in Australia

Since the publication of the second edition of Trusts Law in Australia in 2003, a number of significant cases have been decided in the area of trusts. First, 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. Secondly, Blackett v Darcy (2005) 62 NSWLR 392 has refined the Principle in Strong v Bird (1874) LR 18 Eq 315. Thirdly, the courtrs"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. Fourthly, in the area of proprietary estoppel there are the two not immediately reconcilable decisions in Sullivan v Sullivan [2006] NSWCA 312 and Donis v Donis [2007] VSCA 89. Lastly, but 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 [2007] HCA 22.Ong, Denis S. K. is the author of 'Trusts Law in Australia', published 2008 under ISBN 9781862876583 and ISBN 1862876584.