LAWS6012Equity and Trusts

Course handbook

Description

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.

Availability2024 Course Timetables

Learning outcomes

On successful completion of the 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 - Historical Origins and General Principles
2. Introduction to Equity - 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

Requisite

Students must be active in either the

Juris Doctor/Grad Dip Legal Practice program [12334];

Juris Doctor [50016];

or the Master of Laws [12333]

to enrol in this course.

Assessment items

Essay: Research Essay

Participation: Seminar Engagement and Participation

Formal Examination: Formal examination run by exams in examination period (open book)

Contact hours

Semester 1 - 2024 - Newcastle City Precinct

Course outline

• LAWS6012 - Semester 1, 2024 (Ncle) (PDF, 271.7 KB)