Availabilities:

Location Domestic International
Gold Coast
Lismore
Online
Session2, 2

Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Advanced

Former School/College

Former School of Law and Justice

Pre-requisites

Must have completed LAW00051 - Legal Research and Writing AND LAW00111 - Legal Process

Anti-requisites

LAW00115 - Equity AND this unit is not available for students admitted to 2206351 - Associate Degree in Law (Paralegal Studies) OR 3006110 - Bachelor of Legal and Justice Studies

Unit aim

Provides the opportunity to research and analyse the development of equity and examine equitable doctrine including fiduciary obligations, duty of confidence, assignments and equitable interests. Students will also have the opportunity to research and analyse key legal principles relating to express, resulting and constructive trusts.

Unit content

Topic 1: The history and nature of equity
Topic 2: Fiduciary duties
Topic 3: Duty of confidence
Topic 4: Equitable estates and interests
Topic 5: Law of assignments
Topic 6: Introduction to trusts
Topic 7: Creation of express trusts
Topic 8: Variation and termination of express trusts
Topic 9: Duties, powers and rights of trustees
Topic 10: Resulting trusts
Topic 11: Constructive trusts
Topic 12: Equitable remedies

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law;
2 explain the reasons for a distinctive equitable jurisdiction, and the significance of equitable doctrines and remedies in law;
3 apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts;
4 apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics;
5 identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient;
6 demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to equity and trust law issues;
7 communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references.

On completion of this unit, students should be able to:

  1. demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law;
    • GA4:
  2. explain the reasons for a distinctive equitable jurisdiction, and the significance of equitable doctrines and remedies in law;
    • GA1:
    • GA4:
  3. apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts;
    • GA1:
    • GA4:
  4. apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics;
    • GA1:
    • GA2:
    • GA4:
  5. identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient;
    • GA2:
    • GA4:
  6. demonstrate an ability to learn and work independently within broad parameters as defined by the assessment requirements. Included here is the capacity to find, access, manage and evaluate sources of information relevant to equity and trust law issues;
    • GA1:
    • GA2:
  7. communicate appropriately and effectively, through the use of well-written, clear and logical language that is supported with appropriate references.
    • GA1:
    • GA2:

Prescribed texts

  • Radan, P & Stewart, C, 2018, Principles of Australian Equity and Trusts, 4th edn, LexisNexis, Australia. ISBN: 9780409348217.
Prescribed texts may change in future study periods.