Equity and Trusts

Course code LAWS4010Units 10Level 4000Faculty of Business and LawNewcastle Law School

LAWS courses are only available to students enrolled in the Bachelor of Laws (LAWS); Bachelor of Laws (Honours) and associated combined degree programs.

Introduces the concepts and principles which have been developed by the courts in the exercise of the equitable jurisdiction.

Course examines the history of equity, the concept of the "fusion fallacy", assignments, equitable dispositions and the requirement of writing, confidential information, fiduciary obligations, the concept of the trust, express trusts, charitable trusts, resulting trusts, constructive trusts and equitable remedies.

Available in 2015

Callaghan CampusSemester 2
Previously offered in 2014
ObjectivesThe objective of this course is to introduce students to the concepts and principles which have been developed by the courts in the exercise of the equitable jurisdiction, to introduce students to the various forms which are taken by the notion of the trust and to explain the ways the trust operates in personal and commercial situations. In particular:

1. Equip with knowledge / foster deep understanding.

2. Extend student knowledge and understanding of various aspects of equity.

3. Critical examination.

4. Analysis and application of principles of law in context of the study of equity and the study of trusts.
ContentTopics covered may include:
1 Introduction to Equity - Historical origins and general principles
2 Introduction to Equity - Fusion Fallacy
3 Assignments
4 Equitable dispositions and the requirement of writing
5 Confidential information
6 Fiduciary obligations
7 Introduction to trusts
8 Express trusts
9 Variation and termination of trusts
10 Charitable trusts
11 Resulting trusts
12 Constructive trusts
Replacing Course(s)LLB4090 Equity
LLB4100 Trusts
TransitionThe courses LLB4090 Equity and LLB4100 Trusts are currently undertaken by combined LLB degree students in the fourth year of their five year program and by LLB degree (graduate admission) students in the second year of their three year program.

Students moving into these years of study in 2002 will undertake the new course LAWS4010 Equity and Trusts and one additional LAWS5000 level elective course to meet degree requirements.

The course LLB4090 Equity will remain on offer for 2002 for the few students who have completed LLB4100 Trusts but not LLB4090 Equity.
Industrial Experience0
Assumed KnowledgeLAWS1001A, LAWS1001B, LAWS1003A, LAWS1003B, LAWS2004A, LAWS2004B, LAWS3004A, LAWS3004B, LAWS4005, LAWS4011
Modes of DeliveryInternal Mode
Teaching MethodsLecture
Seminar
Assessment Items
Essays / Written AssignmentsResearch Essay
Examination: FormalOpen book examination
Group/tutorial participation and contributionGeneral tutorial participation
Contact HoursLecture: for 2 hour(s) per Week for Full Term
Seminar: for 2 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.
Timetables2015 Course Timetables for LAWS4010