Credit Points 10

Legacy Code 200757

Coordinator Ludmilla Robinson Opens in new window

Description This subject 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:

1. Critically analyse the principles and theoretical foundations of equity and trusts;
2. Examine complex policy and practical debates surrounding equity and trusts;
3. Apply the principles of equity and trusts to analysing and solving hypothetical problems and theoretical legal issues; and
4. 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