Availabilities:
Unit Summary
Pre-requisites
Must have completed LEGL1001 - Legal Research and Writing AND LEGL1005 - 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.
| 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 |
| 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 |
On completion of this unit, students should be able to:
- demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law
- explain the reasons for a distinctive equitable jurisdiction, and the significance of equitable doctrines and remedies in law
- apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts
- apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics
Prescribed texts
- Radan, P & Stewart, C, 2018, Principles of Australian Equity and Trusts, 4th edn, LexisNexis, Australia. ISBN: 9780409348217.
- Radan, P & Stewart, C, 2021, Principles of Australian Equity and Trusts, 5th edn, LexisNexis, Australia. ISBN: 9780409352993.