LAWS 3018 Equity & Trusts

Credit Points 10

Legacy Code 200757

Coordinator Maria Bhatti 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 in a culturally diverse society. Topics include the nature and application of principles and maxims of Equity, especially in relation to First Nations People, 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 fees via the Fees page.

Level Undergraduate Level 3 subject

Pre-requisite(s) LAWS 1006 OR
LAWS 1003

Co-requisite(s) LAWS 3082

Equivalent Subjects LAWS 3019 - Equity Trusts and Remedies 1

Learning Outcomes

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

Critically analyse the principles and theoretical foundations of equity and trusts in a culturally diverse society;
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 particularly in relation to First Nations People
Construct arguments and perspectives that address issues relevant to equity and trusts.

Subject Content

Historical overview of Equity
Substantive principles of Equity
The nature and application of equitable principles, especially in relation to First Nations People
Concept of the trust and an introduction to express trusts
Powers and duties of trustees
The Beneficiary Principle, Non-Charitable Trusts and Aboriginal Land 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
Fiduciary Relationships
Breach of Confidence

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.

Type	Length	Percent	Threshold	Individual/Group Task	Mandatory
Essay	2000 words	45	N	Individual	Y
Participation	Ongoing throughout semester	10	N	Individual	Y
Final Exam	2 hours	45	N	Individual	Y

Prescribed Texts

M.W. Bryan, V.J. Vann and S. Barkehall Thomas, Equity and Trusts in Australia (Cambridge University Press, 3rd ed, 2023).
M.W. Bryan, V.J. Vann and S. Barkehall Thomas, A Source Book on Equity and Trusts in Australia (Cambridge University Press, 3rd ed, 2023)
For JD students ONLY
J.D. Heydon and M.J. Leeming, Cases and Materials on Equity and Trusts (LexisNexis, 9th ed, 2019).

Teaching Periods