Equity and Trusts unit (LAW353)

Hobart

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

Location	Study period	Attendance options		Available to
Hobart	Semester 1

Note

Please check that your computer meets the minimum System Requirements if you are attending via Distance/Off-Campus.

Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.

Key Dates

Study Period	Start date	Census date	WW date	End date
Semester 1	22/2/2026	16/3/2026	19/4/2026	13/6/2026

* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (refer to How do I withdraw from a unit? for more information).

Unit census dates currently displaying for 2026 are indicative and subject to change. Finalised census dates for 2026 will be available from the 1st October 2025. Note census date cutoff is 11.59pm AEST (AEDT during October to March).

About Census Dates

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

Field of Education	Commencing Student Contribution 1,3	Grandfathered Student Contribution 1,3	Approved Pathway Course Student Contribution 2,3	Domestic Full Fee 4
090999	$2,174.00	$1,703.00	not applicable	$2,249.00

• Available as a Commonwealth Supported Place
• HECS-HELP is available on this unit, depending on your eligibility³
• FEE-HELP is available on this unit, depending on your eligibility⁴

¹ Please refer to more information on student contribution amounts.
² Please refer to more information on eligibility and Approved Pathway courses.
³ Please refer to more information on eligibility for HECS-HELP.
⁴ Please refer to more information on eligibility for FEE-HELP.

If you have any questions in relation to the fees, please contact UniConnect or more information is available on StudyAssist.

Please note: international students should refer to What is an indicative Fee? to get an indicative course cost.

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.