Equity and Trusts

10 Units

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
Availability Semester 2 - 2016 (Callaghan)
Learning Outcomes

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
  • This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program.
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Assessment Items
  • Essay: Research Essay
  • Participation: Class Participation in Tutorial Engagement Tasks
  • Formal Examination: Final examination
Contact Hours
  • Seminar: for 2 hour(s) per Week for Full Term
Timetable 2016 Course Timetables for LAWS6012
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