LAW218 Equity and Trusts (8)

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.

Availability

* Offering has a residential school. Please view following information for further details.

Session 1 (30)
Online *
Bathurst Campus

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

Grading System

HD/FL

Duration

One session

School

Centre for Law and Justice

Enrolment Restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Prerequisites

LAW112 and LAW116

Learning Outcomes

Upon 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; and
  • be able to evaluate the use of equitable doctrines and remedies in scenarios concerning Indigenous people and communities, and those disadvantaged before the law.

Syllabus

This 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 2 day Optional 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.

The information contained in the CSU Handbook was accurate at the date of publication: January 2020. The University reserves the right to vary the information at any time without notice.

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