Law of Trusts

Course aim

The aim of this course is to investigate the social and legal concept of the trust and to analyse the functions performed by trusts. It provides students with a coherent knowledge and understanding of equitable principles and statute law relating to trusts within the Australian legal system as well as developing skills relevant to ongoing learning and professional practice.

Course content

The essential features of a trust: definition, classification, function
Express trusts: The Three Certainties
Express Trusts – fixed trusts and discretionary trusts;
Formalities and Constitution of Trusts; transfer of equitable interests
Resulting trusts;
Constructive trusts;
Charitable trusts; and
Duties, Powers and Rights of Trustees

The Rights of Beneficiaries

Remedies for Breach of Trust.

Textbook(s)

Radan P and Stewart C 2013, Principles of Australian Equity and Trusts , 2nd ed, Nexis Butterworths , Chatswood, N.S.W.

Prerequisite(s)

Corequisite(s)

Nil

Teaching method

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Examination, In class short answer test (early assessment item), Written assignment

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.