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Area/Catalogue
LAWS 3084

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Course Level
Undergraduate

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Offered Externally
No

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Course ID
155441

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Unit Value
4.5

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University-wide elective course
No

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Timetable/s

This class has not been
timetabled for year 2020.

Course owner

Course owner
School of Law

Course aim

This course examines the principles of equity and analyses the doctrinal structure of the law of trusts. It provides students with 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. 2012, Equity and Trusts in Australia, Cambridge University Press, Cambridge

Prerequisite(s)

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

Corequisite(s)

Nil

Teaching method

Component Duration
INTERNAL, CITY WEST
Preparatory 1 x 1 week
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

Task Length Weighting Duration
INTERNAL, CITY WEST
Test n/a 15% 1 hour
Short Memorandum of Advice 1500 words 30% n/a
Examination n/a 55% 2 hours and 20 minutes

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:
How to determine your Commonwealth Supported course fee. (Opens new window)

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 Division offering the course. To determine the cost of this course, go to:
How to determine the relevant non award tuition fee. (Opens new window)

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

Course Coordinators

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