Equity and the World of Commerce (LAWS90314)

Doctrines of equity, including the various species of trusts, play a crucial role in the commercial world. They are regularly used in financial, property and fiscal transactions and planning. The relevant principles guide conduct, and provide remedies in specific situations. 

In recent years, final courts of appeal in relevant jurisdictions have developed the law in this area in distinctive and interesting ways, and this subject will involve critical analysis and comparison across several jurisdictions. The focus is particularly on Australia and England & Wales, with appropriate reference to case law and legislative reform from other jurisdictions such as Singapore, Hong Kong, Canada and New Zealand.  

Our subject will be relevant for lawyers working across construction, financial, consumer, property and family fields, and those working within those industries with an interest in the relevance of the law. Students from jurisdictions outside of Australia will find this a highly relevant and topical subject.

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Analyse the history of equity in the relevant jurisdictions and explain its development.
• Evaluate the principles of equity and relevant statutory provisions and apply them in context.
• Synthesise and integrate issues and topics arising in the field of equity and apply them to factual scenarios.
• Critique arguments of policy and principle in the application of the law.
• Develop skills in research and analysis of law in the relevant area.

Generic skills

• Research Proficiency: Competence in conducting thorough and effective legal research and analysis.
• Communication Excellence: Skills to articulate and frame complex legal arguments clearly and persuasively.
• Critical Thinking: Ability to analyse and evaluate complex legal principles and their application in various contexts.