Equity and Trusts Law (11785.1)
| Available teaching periods | Delivery mode | Location |
|---|---|---|
| View teaching periods | Online real-time On-campus |
Bruce, Canberra |
| EFTSL | Credit points | Faculty |
| 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 outcomes
Upon 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 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
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
Prerequisites
This unit is only available to students in a Bachelor of Law course. Students must have passed 11251 Foundations of Law and Justice.Corequisites
None.Incompatible units
11442 Equity Law PGEquivalent units
11283 Equity Law, 7029 Equity LawAssumed knowledge
None.| Year | Location | Teaching period | Teaching start date | Delivery mode | Unit convener |
|---|---|---|---|---|---|
| 2025 | Bruce, Canberra | Semester 1 | 03 February 2025 | Online real-time | Dr Bruce Baer Arnold |
| 2025 | Bruce, Canberra | Semester 1 | 03 February 2025 | On-campus | 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, 5th ed, 2021). Other texts, such as work by Young & Croft or by Ong, may suit your particular reading/study style.
As later year law students you are expected to actively engage with case law and scholarly secondary sources (articles, chapters, monographs, reports).
There will be no 'set readings' each week (eg no 'read pages 37 to 54 before the next class').
A detailed reading list is provided on Canvas and work of notable value (eg for Assessment Item Two) will be highlighted in tutes and lectures each week.
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
None
Required IT skills
None
Work placement, internships or practicums
This unit involves work integrated learning: Simulation (Assessment Item 1). 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.
Additional information
A recorded online Equity and Trusts Skills Workshop covering resource identification, resource evaluation, structuring legal arguments and citation will be provided in O Week.
