LAWS6012

Equity and Trusts

10 Units 6000 Level Course

Not available in 2014

This course examines important historical, theoretical, conceptual and doctrinal aspects of Australian equity and trusts law. It considers the history and context of equitable jurisdiction, the role of fusion within the contemporary legal framework, and key equitable concepts, such as confidential information, fiduciary obligations and trusts.

Objectives On successful completion of this course, students will be able to:
1. Demonstrate an advanced understanding of the key concepts and principles of Australian equity and trusts law.
2. Demonstrate an advanced understanding of the historical development of equitable jurisdiction.
3. Critically analyse the fusion of law and equity within contemporary common law legal systems.
4. Demonstrate an advanced understanding of equity and trusts law concepts, such confidential information, fiduciary obligations, and trusts.
Content Topics covered may include:
1. Introduction to Equity I – Historical Origins and General Principles
2. Introduction to Equity II – The 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) na
Transition na
Industrial Experience 0
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Modes of Delivery Internal Mode
Teaching Methods Seminar
Assessment Items
Essays / Written Assignments Research Essay
Examination: Formal
Group/tutorial participation and contribution
Contact Hours 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 Juris Doctor/Graduate Diploma in Legal Practice.