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Information relevant to 2003 – Unit Details

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Equity and Trusts

Enrolment code: LAW401

Offered: Hobart: semester 1,

Special note: compulsory unit

Unit description:

Examines the equity jurisdiction of the Australian courts. The unit conveys to students an appreciation of the dynamic and flexible nature of equity and its interrelationship with other subjects in the law curriculum. There is a brief survey of the historical background of the English equity jurisdiction leading to a consideration of the features and practice of modern equity. The evolving nature of equity jurisdiction is considered with emphasis on fiduciary obligations and other selected topics which may vary from year to year. The unit also considers the requirements for the creation of trusts and the obligations which arise from resulting and constructive trusts. It includes a discussion of charitable trusts and the modern discretionary trust in its commercial context; and deals with superannuation trusts and managed investment schemes. It concludes with a discussion of the duties and powers of trustees, breach of trust and the termination of trust. The unit includes a drafting exercise which requires students to make prescribed amendments to an existing trust deed, and is designed to teach them to: (a) write clearly and concisely; and (b) apply trust principles in a commercial context.

Staff Assoc Prof G Dal Pont, Ms L Butler For information on staff, turn to relevant Faculty website University phone and email search phone    email
Unit weight 12.5% To see normal University Admission requirements
Teaching pattern 100-min lecture weekly, 50-min tutorial fortnightly Timetable
Assessment mode drafting exercise, and 3-hr exam (100%) Examinations timetable (Users will need to know their login name (POP account) and password)
Required texts etc Dal Pont G & Chalmers D, Equity and Trusts in Australia and New Zealand, 2nd edn, LBC, Syd, 2000
Dal Pont G & Chalmers D, Maxton J, Equity and Trusts – Commentary and Materials, 2nd edn, LBC, Syd, 2000.
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Discipline (School) Law  
Courses Bachelor of Laws
Bachelor of Laws combined degrees (BA and LLB)
Bachelor of Laws combined degrees (BEc and LLB)
Bachelor of Laws combined degrees (BCom and LLB)
Bachelor of Laws combined degrees (BSc and LLB)
Bachelor of Laws combined degrees (BIS and LLB)
Faculty website Faculty of Law  
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