Equity and Trusts Law PG (11755.1)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | Online real-time |
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) |
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
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways
Prerequisites
11751 Legal Methods and Skills G AND 11752 Legal Systems GCorequisites
None.Incompatible units
11283 Equity LawEquivalent units
11442 Equity Law PG, 7227 Equity GAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|---|---|---|---|---|
| 2026 | UC - Canberra, Online | Study Block 2 | 16 March 2026 | Online real-time | Dr Bruce Baer Arnold |
Required texts
There is no mandatory textbook for this unit. The recommended text is Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 6th ed, 2024). Other texts, such as work by Young & Croft or by Ong, may suit your particular reading/study style.
As PG law students you are expected to actively engage with case law – avoiding AI-based summaries that are often wildly inaccurate – and scholarly secondary sources (peer-reviewed articles, chapters, monographs, reports).
There will be no 'set readings' each week (eg no 'read pages 37 to 54 before the next class'). The Canvas site includes guidance about how to optimise your time and study skills.
A detailed reading list is provided on Canvas and work of notable value (eg for Assessment Item Two) will be highlighted throughout the study block.
Submission of assessment items
Extensions & Late submissions
Assessment items 1 and 2 are submitted through the drop boxes on Canvas. Assessment 3 uses Cadmus in real time.
Students must apply academic integrity in their learning and research activities at UC. This includes submitting authentic and original work for assessments and properly acknowledging any sources used.
Academic integrity involves the ethical, honest and responsible use, creation and sharing of information. It is critical to the quality of higher education. Our academic integrity values are honesty, trust, fairness, respect, responsibility and courage.
UC students have to complete the Academic Integrity Module annually to learn about academic integrity and to understand the consequences of academic integrity breaches (or academic misconduct).
UC uses various strategies and systems, including detection software, to identify potential breaches of academic integrity. Suspected breaches may be investigated, and action can be taken when misconduct is found to have occurred.
Information is provided in the Academic Integrity Policy, Academic Integrity Procedure, and University of Canberra (Student Conduct) Rules 2023. For further advice, visit Study Skills.
Participation requirements
Participation in the online weekly tutorials (weeks 1 thru 6) is strongly recommended but is not mandatory.
Note the whole-of-class weekly online Drop In session.
Required IT skills
This unit involves online meetings in real time using the Virtual Room in your UCLearn teaching site. The Virtual Room allows you to communicate in real time with your lecturer and other students. To participate orally, rather than just typing, you will need a microphone. For best audio quality we recommend a microphone and speaker headset.
For more information and to test your computer, go to the Virtual Room in your UCLearn site and 'Join Course Room'. This will trigger a tutorial to help familiarise you with the functionality of the virtual room.
Note that Cadmus (an invigilation platform for the mandatory exam) requires a desktop/personal computer with the Chrome browser and a stable connection.
Work placement, internships or practicums
None
