Equity And Trusts

• Topics

  • History and nature of equity
  • Breach of confidence
  • Fiduciary obligations and participatory liability
  • Assignments in equity
  • Equitable property rights
  • Trusts: nature and classification
  • Creation of express trusts
  • Statutory formalities
  • Trust certainties
  • Trusts and powers
  • Charitable trusts
  • Trustees: duties and defences
  • Trustees: rights
  • Beneficiaries: rights/remedies

• Study resources

  • Online Materials

    • Audio-Video streaming

Entry Requirements

You are recommended to have completed the following subjects(s) or have equivalent knowledge before starting this unit:

• RMI-OJD110-Introduction to the Australian Legal System and Legal Methods

Special requirements

No special requirements

This subject provides an overview of the fundamental principles of the law relating to equity and trusts. It first examines the history and nature of equity, the nature and creation of equitable interests and equitable priorities and relationships of trust are examined, as well as unconscionable conduct, assignments, estoppel, equitable property rights, the institution of the trust, trust classification, trust constitution, statutory formalities applicable to trusts, certainties of intention, trust property and object, trustees’ rights and duties, beneficiaries’ rights and equitable remedies generally. Students are given the knowledge and skills necessary to pursue further studies in the Juris Doctor.

• Assignment 1 - Assignment (25%)
• Assignment 2 - Case Study (25%)
• Assignment 3 - Open Book Invigilated Exam (50%)

Textbooks are subject to change within the academic year. Students are advised to purchase their books no earlier than one to two months before the start of a subject.