LAWS 3018 Equity & Trusts

This is an archived copy of the 2021-2022 catalog. To access the most recent version of the catalog, please visit https://hbook.westernsydney.edu.au.

Credit Points 10

Legacy Code 200757

Coordinator Maria Bhatti Opens in new window

Description This unit examines the principles of the law of equity and trusts in Australia. The primary emphasis is on the nature and development of the law of equity and students are also introduced to fundamental principles in the law of trusts. Topics include the nature and application of principles and maxims of Equity, the trust, the types of trusts and introduction to express trusts.

School Law

Discipline Law, Not Elsewhere Classified.

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 3 subject

Co-requisite(s) LAWS 3082

Learning Outcomes

On successful completion of this subject, students should be able to:

Critically analyse the principles and theoretical foundations of equity and trusts;
Examine complex policy and practical debates surrounding equity and trusts;
Apply the principles of equity and trusts to analysing and solving hypothetical problems and theoretical legal issues; and
Construct oral and written arguments and perspectives that address issues relevant to equity and trusts.

Subject Content

Historical overview of Equity
Substantive law of Equity
The nature and application of equitable principles
Concept of the trust and an introduction to express trusts
Powers and duties of trustees
The Beneficiary Principle and Non-Charitable Trusts
The Constitution of Express Trusts
The Requirement of Writing for Express Trusts
Informal Testamentary Arrangements
Express Trusts - Vitiating Elements
Charitable Trusts
Implied/Resulting Trusts
Capital and Income
Rights and Liabilities of Trustees
Rights of the Beneficiary
Variation and termination of trusts

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Item	Length	Percent	Threshold	Individual/Group Task
Essay	1500 words	30	N	Individual
Presentation	20 minutes	25	N	Group
Final Exam	24 hours	45	N	Individual

Prescribed Texts

Michael W Bryan et al, A Sourcebook on Equity & Trusts in Australia (Cambridge University Press, 2nd ed, 2019).
Michael W Bryan, VJ Vann and S Barkehall Thomas, Equity & Trusts in Australia (Cambridge University Press, 2nd ed, 2017)

Teaching Periods