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.
|Unit name||Equity and Trusts|
|College/School||College of Arts, Law and Education
Faculty of Law
|Coordinator||Professor Gino Dal Pont|
|Available as an elective?||No|
|Delivered By||University of Tasmania|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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.
|Study Period||Start date||Census date||WW date||End date|
* 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 2023 are indicative and subject to change. Finalised census dates for 2023 will be available from the 1st October 2022. Note census date cutoff is 11.59pm AEST (AEDT during October to March).
- Describe and evaluate the importance of equity & 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.
|Field of Education||Commencing Student Contribution 1||Grandfathered Student Contribution 1||Approved Pathway Course Student Contribution 2||Domestic Full Fee|
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.
Please note: international students should refer to What is an indicative Fee? to get an indicative course cost.
Prerequisites50 credit points of Intermediate Law core - to do this unit it is recommended that you have completed LAW251 & LAW262
Lecture: 2 hours weekly on campus
Tutorial/Workshop: 1 hour weekly on campus (commencing in Week 2 of semester)
|Assessment||Mid-Semester test (25%)|Exam (40%)|Essay (35%)|
|Timetable||View the lecture timetable | View the full unit timetable|
Required readings will be listed in the unit outline prior to the start of classes.
|Links||Booktopia textbook finder|
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.