LAW218 Equity and Trusts (8)
Abstract|
This subject covers the historical development of equity and its relationship to common law, the assignment and other dispositions of property in equity, the obligation of confidence in equity with respect to information, and fiduciary duties. A substantial component of the subject is dedicated to the study of trust law. Students will consider the nature of a trust; legal requirements in establishing a trust; as well as the rights, duties and powers associated with trusts. Students will also be introduced to remedial constructive trusts. |
|
|
+ Subject Availability Modes and Location
| Session 1 | | Online* | Bathurst Campus | Session 3 | | Online* | Bathurst Campus |
*This subject offering contains a residential school. Please view following information for further details.
Continuing students should consult the SAL for current offering details: LAW218
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
|
|
Subject information| Duration | Grading System | School: |
|---|
| One session | HD/FL | Centre for Law and Justice |
|
|
Enrolment restrictions|
Bachelor of Laws students only. |
|
|
Learning OutcomesUpon successful completion of this subject, students should:
- be able to demonstrate awareness of the principles of equity and trusts and their relationship to the broader Australian legal landscape, including property law and the law of contract
- be able to analyse critically different types of trusts, including remedial constructive trusts, and reflect upon social policies underpinning this area of the law
- be able to critique the roles of trustee and beneficiary in respect to important case law
- be able to identify and evaluate equitable doctrines and remedies and apply them to practical scenarios
- be able to engage critically with the philosophies behind equitable relief
- be able to evaluate critically the role played by equity in common law jurisdictions
- be able to demonstrate an in-depth understanding of the legislative framework surrounding unconscionable conduct
- be able to articulate important legal concepts in a logical and persuasive manner
|
|
|
SyllabusThe subject will cover the following topics:
- The nature of equity
- Equitable rights, titles and interests
- Assignments and non-assignable rights
- Fiduciary obligations
- Creation of express trusts, variation and termination
- Duties, rights and powers of trustees
- Beneficiary rights under a trust
- Estoppel in equity
- Tracing
- Unconscionable transactions
- Resulting and constructive trusts
- Consequences of breach of trust
- Equitable remedies including equitable compensation, account of profits and injunction
|
|
|
Residential School| This subject contains a optional 2 day residential school.
The 2-day residential school for this subject is optional. It will cover the seminar topics relevant to the subject with particular emphasis on relevant case law, precedents and legislation.
|
|
|
Back
The information contained in the 2017 CSU Handbook was accurate at the date of publication: 25 August 2017. The University reserves the right to vary the information at any time without notice.
