Equity and Trusts

Course aim

This course is for students to examine the principles of equity and to analyse the doctrinal structure of the law of trusts. It provides students with a coherent knowledge and understanding of the relevant principles of judge-made 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 nature and history of equity
The concept of the express trust
Express trusts: certainty requirements
Creating express trusts: formalities, complete constitution, assignment of equitable interests
Express trusts for charitable and non-charitable purposes
The fiduciary nature of the trust relationship: duties, powers and rights of trustees
Breach of trust: defences and remedies
Non-Express trusts – resulting trusts and constructive trusts

Textbook(s)

Bryan M.W & Vann V.J. 2018, Equity and Trusts in Australia, 2nd ed, Cambridge University Press, Cambridge

Prerequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 2017	Property Law A
LAWS 1009	Contracts B

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Lecture	2 hours x 10 weeks
Seminar	2 hours x 10 weeks

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

Assessment

Examination, Short Memorandum of Advice, Test

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.