Trusts Law in Australia (3rd Ed, 2007) – Book Review

Author: Denis Ong Published by the The Federation Press Reviewed by Gary Coveney

Denis Ong is a professor of law at Bond University, teaching principally in the areas of equity and trusts.  He was previously the Head of the Law School at Macquarie University in Sydney.

The reviewer must disclose at the outset that he had the great pleasure of being taught the law of equity by Professor Ong whilst an undergraduate law student at Bond University.  At that time, Trusts Law in Australia was in its first edition.  It is now in its third, the second edition having been published in 2003.

The fact that subsequent editions have gone to print in a relatively short timeframe underlines the regard had for the author and his scholarly approach to this area of law.  In the preface to the first edition, published in 1999, Professor Ong wrote:

In those objectives, Professor Ong has undoubtedly succeeded.

This book is not for those looking for a bullet-point reference text of the law of trusts, with little or no analysis.  It is a scholarly, and often critical, review of the law of trusts in this country.

Professor Ong is not afraid to suggest that certain decisions of the High Court may have added to the uncertainty of the law.  However, such criticism is always underpinned by a thorough analysis of precedent and principle.  An example of this approach can be found in the author’s analysis of the recent High Court decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd. 1

Throughout the book, it is clear that the author has a high regard for the historical development of the law and the need to maintain consistency and certainty when dealing with trusts law in a modern context.

The summaries which appear at the end of each chapter are a useful feature of the book, and provide a helpful starting point when undertaking research.  Overall, the 12 chapters are well organised and cover relevant topics such as charitable, resulting and constructive trusts, tracing, and the duties and liabilities of trustees.  Thorough analysis is given to each topic, particularly, where an area of law is unsettled or beset by difficult and irreconcilable precedent.

On the whole, the third edition of Trusts Law in Australia provides a balance to the many other texts on this topic which are currently available. It does this through uncompromising scholarship, leaving the reader fully informed as to the difficulties which often arise when attempting to comprehend this branch of the law.

Footnote

1. [2007] HCA 22; (2007) 81 ALJR 1107 (24 May 2007).

Guide for Meetings and Organisations (8th Ed, 2005)

Author: Nick Renton Published by: Thomson Reviewed by Gary Coveney

Nick Renton’s Guide for Meetings and Organisations has been in publication since 1961.  It is now in its eighth edition.1 For the current edition, the text is helpfully divided into two volumes and deals with all aspects of chairmanship and the running of voluntary associations.

In the preface to the first edition, published in 1961, the author wrote:

From this, it is clear that the author’s intention has always been to provide a text of true practical value.  It is not uncommon for lawyers to become involved in the affairs of voluntary associations.  Sometimes, we are members.  At other times, we are called upon to advise a particular committee or even to take the Chair of a general meeting.

For the latter two roles, Renton’s text is likely to provide the practitioner with a considerable amount of useful information on how these organisations are formed and administered.

Volume 1 is entitled “Guide for Voluntary Associations”.  It covers a wide range of topics including founding a new body, constitutions, membership, election systems and committees.  It also gives some treatment to other matters relevant in the modern context, such as taxation, the internet and GST.

Volume 2 is entitled “Guide for Meetings”.  It deals with all aspects of meetings, including the role of the Chair, motions, points of order and voting.  It also goes beyond voluntary associations with a chapter on shareholders’ meetings.

Helpfully, the author includes practical examples of common problems that arise in organisations at the end of each volume, along with suggested solutions.

Together, the two volumes are a highly practical and enlightening guide for anyone dealing with the nuances of voluntary associations.  They are written in a clear style, with very little reference to case law or legislation.  However, this merely serves to emphasise the straightforward and pragmatic flavour of the text.

Each volume is reasonably priced at $72.95.

Footnote

1. The author’s highly entertaining website may be found at http://users.bigpond.net.au/renton/ (referred to on 8 October 2007).