Equity and Trusts unit (LAW353)

Introduction

LAW353 focuses on the most developed area of equity’s jurisdiction, the law pertaining to trusts. It covers the following topics: the nature of a trust, and how it compares to other legal relationships; the essentials for the creation of an express trust; the incidents of trusteeship: the appointment and removal of trustees, as well as trustees’ duties, powers and rights; remedies for breach of trust, both personal and proprietary; the law pertaining to charitable trusts; non-express trusts, namely resulting trusts and constructive trusts. LAW353 may also addresses core equitable doctrines not the subject of discrete treatment in other core units, and, in particular, fiduciary law and the equitable doctrine of breach of confidence. Mention may also be made of the role of equity in the law of assignments, albeit within the umbrella of discussion of the law of trusts.

Summary

Unit name	Equity and Trusts
Unit code	LAW353
Credit points	12.5
College/School	Arts and Society Faculty of Law
Discipline	Law
Coordinator	Doctor Emille Boulot
Available as an elective?	No
Delivered By	University of Tasmania
Level	Advanced

Availability

Specific information on 2027 unit availability will be available in August

Learning Outcomes

• Describe and evaluate the importance of equity and trusts and how this body of law interacts with other areas of law.
• Apply relevant principles of equity and trusts to hypothetical factual scenarios.
• Effectively research a legal topic or problem pertaining to equity & trusts.
• Communicate clearly and concisely an understanding of relevant legal principles.

Fee Information

2027 fee information will be available in August.

Requisites

Prerequisites

LAW251 and LAW262

Teaching

Teaching Pattern	Lecture: 2 hours weekly on campus Tutorial/Workshop: 1.5 hour weekly on campus (Weeks 2-7, 9-12)
Assessment	Class participation (25%)|Essay (35%)|Exam (40%)
Timetable	View the lecture timetable | View the full unit timetable

Textbooks

Required	G E Dal Pont, Equity & Trusts in Australia, 8th ed, Lawbook Co, 2023 G E Dal Pont, Equity & Trusts – Commentary and Materials, 8th ed, Lawbook Co, 2023 (please note that much of the unit synopsis follows the readings in this work)

The University reserves the right to amend or remove courses and unit availabilities, as appropriate.