LAWS4010

Equity and Trusts

10 Units 4000 Level Course

Available in 2014

Callaghan Campus Semester 2

Previously offered in 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004

LAWS courses are only available to students enrolled in the Bachelor of Laws (LAWS) 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.

Objectives The 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.
Content Topics 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
Transition The 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 Experience 0
Assumed Knowledge LAWS1001A, LAWS1001B, LAWS1003A, LAWS1003B, LAWS2004A, LAWS2004B, LAWS3004A, LAWS3004B, LAWS4005, LAWS4011
Modes of Delivery Internal Mode
Teaching Methods Lecture
Assessment Items
Essays / Written Assignments Research Essay
Examination: Formal Open book examination
Group/tutorial participation and contribution General tutorial participation
Contact Hours Lecture: for 2 hour(s) per Week for Full Term
Seminar: for 2 hour(s) per Week for Full Term
Compulsory Components
Requisite by Enrolment This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs.
Timetables 2014 Course Timetables for LAWS4010