Equity and Trusts Law PG (11755.1)
Please note these are the 2023 details for this unit
Available teaching periods | Delivery mode | Location |
---|---|---|
View teaching periods | Online |
UC - Canberra, Online |
EFTSL | Credit points | Faculty |
0.125 | 3 | Faculty Of Business, Government & Law |
Discipline | Study level | HECS Bands |
Canberra Law School | Post Graduate Level | Band 4 2021 (Commenced After 1 Jan 2021) Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905) Band 5 2021 (Commenced Before 1 Jan 2021) |
This unit introduces graduate students to the law of Equity and Trusts.
It covers the equitable doctrines and equitable remedies, the nature of the trust, the concept of fiduciary duties, the nature of trustees, and an introduction to succession. It deals with the broad theoretical basis, and historical origins, of equity and its social context; the relationships between equity and the common law, and between equity and statute; the distinction between equitable doctrines and equitable remedies; when a fiduciary relationship arises and the obligations of a fiduciary; the equitable doctrines about unconscionable dealings. It also deals with the role of equity in developing the trust, the rules for creating trust and the various types of trust; the obligations, powers and rights of trustees, and the rights of beneficiaries; the range of equitable remedies and defences, and remedies and defences for breach of trust; the rules about equitable assurances and assignments.
1. Explain and apply the principal doctrines and remedies of equity and the law of trusts;
2. Critically analyse equitable principles and institutions in their historical and social context, and the potential for future development of those principles and institutions;
3. Exercise independent judgement and advise on the application of equitable principles (including the law of trusts) in given fact situations; and
Demonstrate effective legal communication, research and negotiation skills and apply them to equity and trust law problems.
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
It covers the equitable doctrines and equitable remedies, the nature of the trust, the concept of fiduciary duties, the nature of trustees, and an introduction to succession. It deals with the broad theoretical basis, and historical origins, of equity and its social context; the relationships between equity and the common law, and between equity and statute; the distinction between equitable doctrines and equitable remedies; when a fiduciary relationship arises and the obligations of a fiduciary; the equitable doctrines about unconscionable dealings. It also deals with the role of equity in developing the trust, the rules for creating trust and the various types of trust; the obligations, powers and rights of trustees, and the rights of beneficiaries; the range of equitable remedies and defences, and remedies and defences for breach of trust; the rules about equitable assurances and assignments.
Learning outcomes
On successful completion of this unit, students will be able to:1. Explain and apply the principal doctrines and remedies of equity and the law of trusts;
2. Critically analyse equitable principles and institutions in their historical and social context, and the potential for future development of those principles and institutions;
3. Exercise independent judgement and advise on the application of equitable principles (including the law of trusts) in given fact situations; and
Demonstrate effective legal communication, research and negotiation skills and apply them to equity and trust law problems.
Graduate attributes
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
Prerequisites
11751 Legal Methods and Skills G AND 11752 Legal Systems GCorequisites
Must be enrolled in SCC001 Graduate Certificate in Legal Studies, SCG002 Graduate Diploma in Legal Studies or SCM002 Juris Doctor.Incompatible units
11283 Equity LawEquivalent units
11442 Equity Law PG, 7227 Equity GAssumed knowledge
None.
Availability for enrolment in 2024 is subject to change and may not be confirmed until closer to the teaching start date.
Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
---|---|---|---|---|---|
2023 | UC - Canberra, Online | Study Block 5 | 28 August 2023 | Online | Dr Bruce Baer Arnold |
2024 | UC - Canberra, Online | Study Block 5 | 26 August 2024 | Online | Dr Bruce Baer Arnold |
The information provided should be used as a guide only. Timetables may not be finalised until week 2 of the teaching period and are subject to change. Search for the unit
timetable.