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This course examines important historical, theoretical, conceptual and doctrinal aspects of Australian equity and trusts law. It considers the history and context of equitable jurisdiction, the role of fusion within the contemporary legal framework, and key equitable concepts, such as confidential information, fiduciary obligations and trusts.
|Faculty||Faculty of Business and Law|
|School||Newcastle Law School|
On successful completion of this course, students will be able to: 1. Demonstrate an advanced understanding of the key concepts and principles of Australian equity and trusts law. 2. Demonstrate an advanced understanding of the historical development of equitable jurisdiction. 3. Critically analyse the fusion of law and equity within contemporary common law legal systems. 4. Demonstrate an advanced understanding of equity and trusts law concepts, such confidential information, fiduciary obligations, and trusts.
Topics covered may include: 1. Introduction to Equity I – Historical Origins and General Principles 2. Introduction to Equity II – The Fusion Fallacy? 3. Assignments 4. Equitable Dispositions and the Requirement of Writing 5. Confidential Information 6. Fiduciary Obligations 7. Introduction to Trusts 8. Express Trusts 9. Variation and Termination of Trusts 10. Charitable Trusts 11. Resulting Trusts 12. Constructive Trusts
|Assumed Knowledge||LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.|
|Modes of Delivery||Internal Mode
|Timetable||2014 Course Timetables for LAWS6012|