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 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 2024
| Unit name | Equity and Trusts |
|---|---|
| Unit code | LAW353 |
| Credit points | 12.5 |
| Faculty/School | College of Arts, Law and Education Faculty of Law |
| Discipline | Law |
| Coordinator | Prof. Gino Dal Pont |
| Teaching staff | Prof. Gino Dal Pont |
| Level | Advanced |
| Available as student elective? | No |
| Breadth Unit? | No |
Availability
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.
Special approval is required for enrolment into TNE Program units.
TNE Program units special approval requirements.
* 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).
Learning Outcomes
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.
Fees
Requisites
50 credit points of Intermediate Law core.
It is recommend that you have completed LAW251 and LAW262.
Prerequisites
Co-requisites
Mutual Exclusions
You cannot enrol in this unit as well as the following:
Teaching
| Teaching Pattern | |
|---|---|
| Assessment | 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 |
Textbooks
| Required | 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 |
|---|---|
| Recommended |
The University reserves the right to amend or remove courses and unit availabilities, as appropriate.