Equity and Trusts
Your upfront cost: $0
Online and other materials
Subjects may require attendance
- 28 Jun 2021
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Upon completion of this subject, students will be able to:
- demonstrate an awareness of the historical basis for the equitable jurisdiction; an understanding of the role of equity in Australia's legal system; and an ability to use cognitive skills to predict how ambiguous questions may be resolved by courts;
- demonstrate a well-developed understanding and an ability to critically analyse the relationship between equity and the common law in providing just outcomes for those making civil claims;
- use initiative and professional judgment to explain and apply the law relating to equitable rights, titles and interests, assignments of property in equity and law, estoppel, fiduciary obligations and relationships of trust and confidence, penalties and equity's role in the relief against forfeiture, and general application of equitable principles to problem-based scenarios; and
- employ highly developed legal research skills to produce a coherent and well-argued written communication that evidences a detailed understanding of the law of trusts, including express, resulting and constructive trusts, charitable and purpose trusts, the rights and obligations of trustees and the rights of beneficiaries.
- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
UNE-LAW100-Foundations of Law and UNE-LAW101-Law in Context and UNE-LAW102-Legal Professional Skills and UNE-LAW172-Contract Law, or UNE-LAW272-Law of Contract II and UNE-LAW162-Criminal Law, or UNE-LAW312-Criminal and Civil Procedure and UNE-LAW131-Torts Law ;
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
Candidature in Bachelor of Laws (4 Years). To enrol in this subject you will need to pass the Prerequisite/s. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not pass the prerequisite subject/s.
- EquipmentDetails - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
- SoftwareDetails - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
- TravelDetails - Travel may be required to attend the Final Examination for this subject.
- OtherDetails -
Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
Students are expected to purchase prescribed material.
Textbook requirements may vary from one teaching period to the next.
This subject gives coverage of equitable property issues, fiduciary duties, estoppel and assignment in equity, confidential information, equitable remedies and miscellaneous doctrines. It examines resulting, constructive and charitable trusts, and the duties of trustees and the rights of beneficiaries. The nature of, and the reasons for, the development of an equitable jurisdiction distinct from the common law are examined and emphasis is placed on the remedial aspects of equity and trusts. The role of equity in contemporary legal developments in judicial law making is also examined.
Written Assessment: 2000 words. Relates to Learning Outcomes 1, 2, 3, 4 Open Book Examination: 2 hrs 15 mins. Relates to Learning Outcomes 1, 2, 3, 4 There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit. UNE manages supervised exams associated with your UNE subjects. Prior to census date, UNE releases exam timetables. They’ll email important exam information directly to your UNE email address.
- Written Assessment (40%)
- Open Book Examination (60%)
Check the learning management system (LMS) of your university for textbook details.