Equity and Trusts Law (11785.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| Flexible
|| Bruce, Canberra
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Level 4 - Undergraduate Advanced Unit|| 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 -
(a) the broad theoretical basis, and historical origins, of equity and its social context;
(b) the relationships between equity and the common law; and between equity and statute;
(c) the distinction between equitable doctrines and equitable remedies;
(d) when a fiduciary relationship arises and the obligations of a fiduciary;
(e) the equitable doctrines about unconscionable dealings;
(f) the role of equity in developing the trust; the rules for creating trusts; the various types of trust; the obligations, powers and rights of trustees; and the rights of beneficiaries.
(g) the range of equitable remedies and defences; and remedies and defences for breach of trust;
(h) the rules about equitable assurances and assignments.
Learning outcomesUpon successful completion of this unit, students will be able to:
1. Explain and apply the principal doctrines, defences 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
4. Demonstrate effective legal communication, research and analytical skills and apply them to equity and trust law problems.
Graduate attributes1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
3. UC graduates are lifelong learners - be self-aware
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - apply their knowledge to working with Indigenous Australians in socially just ways
PrerequisitesThis unit is only available to students in a Bachelor of Law course. Students must have passed 11251 Foundations of Law and Justice.
Incompatible units11442 Equity Law PG
Equivalent units11283 Equity Law, 7029 Equity Law
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2023||Bruce, Canberra||Semester 1||06 February 2023||Flexible||Miss Erina Mikus-Fletcher|
|2024||Bruce, Canberra||Semester 1||05 February 2024||Flexible||Dr Bruce Baer Arnold|
There is only one required textbook for this unit. The textbook provides a comprehensive overview of Equity and Trust principles but students are expected to engage in case law and jornal articles to provide a comprehensive and deep understanding of the unit content, beyond what is provided within the textbook.
The required text for this unit is:
1. Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 5th ed, 2021).
We also recommend the following textbook:
2. Radan, Stewart & Vickovich, Principles of Australian Equity and Trusts: Cases and Materials, (LexisNexis, 5th ed, 2022).
A detailed reading list is available on Canvas.
Students must have access to AGLC4. Research, analysis and exposition techniques are highlighted in the week 1 recorded workshop on Equity & Trusts skills.
Required IT skills
Work placement, internships or practicums
This unit involves work integrated learning: Simulation. Students must adhere to University policy during WIL activities, including the Student Conduct Rules 2018, the WIL Policy and WIL Procedure, and the Assessment Policy and Assessment Procedure.
A recorded online Equity Skills Workshop covering resource identification, resource evaluation, structuring legal arguments and citation will be provided in Week 1.