The course introduces the concepts and principles which have been developed by the courts in the exercise of the equitable jurisdiction. It 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.
Availability2021 Course Timetables
Newcastle City Precinct
- Semester 1 - 2021
On successful completion of the course students will be able to:
1. Demonstrate a comprehensive knowledge of the history, concepts and principles of equity and trusts law.
2. Analyse the role of equitable interests within our legal system and evaluate the origins, principles, and justifications for equitable rights and actions.
3. Identify the various types of equitable interest in NSW and explain how these interests are created, transferred and extinguished.
4. Identify and apply legal principles using case law and statute to resolve practical problems in the area of equity and trusts law.
Topics covered may include:
- Introduction to Equity - Historical origins and general principles
- Introduction to Equity - Fusion fallacy
- Equitable dispositions and the requirement of writing
- Confidential information
- Fiduciary obligations
- Introduction to trusts
- Express trusts
- Variation and termination of trusts
- Charitable trusts
- Resulting trusts
- Constructive trusts
This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.
LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030, LAWS3040, LAWS3041, LAWS4005, and LAWS4011
Essay: Research Essay
Formal Examination: Formal examination run by exams in examination period (open book)
Tutorial / Laboratory Exercises: Seminar Engagement and participation
Newcastle City Precinct
Online 1 hour(s) per Week for Full Term starting in week 1
Face to Face On Campus 2 hour(s) per Week for Full Term
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.