LAW5022 · Principles of equity and trusts

Overview

This unit will introduce you to the nature and function of equity and trusts in the modern Australian legal system. You will learn about the relationship between equity and the common law, and study the key doctrines of equity. These include: fiduciary relationships and breach of fiduciary duty, third party liability and tracing, personal and proprietary remedies in equity and equitable defences. You will also learn how trusts are used and learn the rules governing their existence. In particular, the rules governing the creation and administration of trusts, and the rights and obligations of parties to trusts are taught.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Demonstrate comprehensive understanding of the key doctrines of equity, their relationship to common law, their development in Australia, and their theoretical underpinnings, with reference to international and comparative perspectives.
2. Articulate with clarity and detail and critically examine the role and law of trusts in a broader commercial, social and regulatory context, the methods of creating them and the rights and obligations of parties.
3. Engage in advanced critical analysis and make compelling, well-reasoned and appropriate choices among alternatives.
4. Research, identify and synthesise relevant legal and practical issues, interpret and evaluate conclusions, and formulate detailed, convincing responses to legal problems.
5. Communicate coherently and persuasively and collaborate effectively both orally and in writing.

Workload

36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Student experience, not official rules. Nothing here changes what the Handbook says.