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 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|
|Faculty/School||College of Arts, Law and Education
Faculty of Law
Prof. Gino Dal Pont
Prof. Gino Dal Pont
|Available as student elective?||No|
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* 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 (see withdrawal dates explained for more information).
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.
50 credit points of Intermediate Law core.
It is recommend that you have completed LAW251 and LAW262.
You cannot enrol in this unit as well as the following:
Mid-semester test, 45 minutes (25%), Research essay, 1500 words (25%), Exam, 2 hours (50%)
|Timetable||View the lecture timetable | View the full unit timetable|
G E Dal Pont, Equity and Trusts in Australia, 6th ed, Lawbook Co, 2015
G E Dal Pont, Equity and Trusts- Commentary and Materials, 6th ed, Lawbook Co, 2015
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