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Equity and Trusts (LAWS50033)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 2
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability | Semester 2 |
---|---|
Fees | Look up fees |
The subject will enable students to develop a broad and critical understanding of equity and trusts, with a focus on the law of trusts. We will first consider the nature of equitable doctrine more broadly before focusing on what a trust is and what functions it performs in modern Australian society. We will examine in detail the rules and principles governing the validity of express trusts. We will also consider trusts for charitable and non-charitable purposes, asking whether the law relating to charitable trusts is in need of reform. We will look at the range of fiduciary relationships recognised in Australia, including the trustee – beneficiary relationship. We will examine the duties owed by fiduciaries, including the fiduciary and non-fiduciary duties owned by trustees. We will consider resulting and constructive trusts, before finally exploring equitable remedies.
Equity and Trusts builds on the foundational knowledge of equity and trusts that students will have acquired from the compulsory subjects LAWS50026 Obligations, LAWS50029 Contracts and LAWS50030 Property. The subject emphasises contemporary applications of the rules, principles and remedies of equity. It also explores issues that are presently unresolved and the subject of contention.
Intended learning outcomes
A student who has completed this subject should have an advanced, integrated and comparative knowledge of the law of trusts. In particular, such a student will be able to:
- demonstrate an integrated understanding of conceptual issues and debates in equity and trusts, including: the nature of equity; whether the trust is best conceived as property or obligation; the relationship of equity and trusts to unjust enrichment principles; and the character of resulting and constructive trusts;
- demonstrate a sophisticated appreciation of, and ability to engage in, the complex policy and practical debates surrounding equity and trusts, on topics such as: the proprietary consequences of trusts on insolvency; the proper relationship of equity and statutory law; and purpose trusts, especially those for charitable purposes;
- demonstrate a high-level capacity to critically and independently evaluate a range of propositions and arguments about conceptual and policy dimensions of equitable principles, including the trust;
- demonstrate a high-level capacity to critically and independently evaluate responses to issues in modern equity and trusts law in different jurisdictions from a comparative perspective;
- locate and understand the significance of the place of equity and trusts within private law as a whole; and
- use effective written communication skills in structuring and presenting relevant analysis, argument and conclusions.
Generic skills
On completion of the subject, students should have developed their skills in the following areas:
- specialist understanding, interpretation, critical reflection, synthesis and comparison of judicial decisions, statutory provisions, and other primary source materials on equity and trusts;
- interpretation, critical reflection, synthesis and comparison of academic literature on equity and trusts; and
- generating and evaluating proposals for the reform of equity and trusts law in Australia, having regard to international experience and academic writings.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning |
Summer Term (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50030 | Property |
Semester 1 (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
LAWS50032 | Administrative Law |
May (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
And one of:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Option 1, Part 1: Assignment
| During the teaching period | 30% |
Option 1, Part 2: Exam
| During the examination period | 70% |
Option 2: Exam
| During the examination period | 100% |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
More information on the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Dates & times
- Semester 2
Principal coordinator Lisa Sarmas Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 3 August 2020 to 1 November 2020 Last self-enrol date 14 August 2020 Census date 21 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 27 November 2020 Semester 2 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- M W Bryan, S E Degeling, M S Donald and V J Vann, A Sourcebook on Equity and Trusts in Australia 2nd edition (Cambridge University Press, 2019)
- M W Bryan, V J Vann and S Barkehall Thomas, Equity and Trusts in Australia (Cambridge University Press, 2017)
- Specialist materials will also be made available from Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022