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Equity and Trusts (LAWS50033)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Lisa Sarmas (Subject Coordinator)
Insert Name
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability | Semester 2 - On Campus |
|---|---|
| Fees | Look up fees |
This subject fosters an advanced and critical understanding of equity and trusts, with a particular focus on the law of trusts. It builds on the foundational knowledge of equity and trusts acquired in the earlier compulsory subjects of Contract, Property and Obligations.
We begin by examining the nature and role of equity before turning to the trust as a distinctive legal institution and its functions in contemporary Australian society. Students will study the rules and principles governing the creation and validity of express trusts, including the law relating to charitable purpose trusts, and the ongoing debates about reform in this area.
We also consider the range of fiduciary relationships recognised in Australia, including the trustee-beneficiary relationship. We critically examine the duties owed by fiduciaries, including the fiduciary and non-fiduciary duties owed by trustees and we compare the law of fiduciary relationships in Australia to that of other Common Law jurisdictions. We also study resulting and constructive trusts, as well as a selection of equitable remedies.
Throughout, students will engage with contested questions of doctrine, policy, and principle, and will consider how equity and trusts intersects with the broader social, economic and political context, including that of settler colonialism. We address a wide range of issues that are presently unresolved and areas of ongoing contention.
Intended learning outcomes
A student who has completed this subject should be able to:
- Analyse and synthesise conceptual issues and debates in equity and trusts, including: the nature of equity; the characterisation of the trust as property or obligation; its relationship to unjust enrichment principles; and the nature of resulting and constructive trusts.
- Evaluate and engage critically with complex policy and practical debates in equity and trusts, such as the proprietary consequences of trusts on insolvency; the proper relationship of equity and statutory law; the regulation of charitable purpose trusts; the role of trusts in tax minimisaton; and the proper role of equity and trusts in commercial and family contexts.
- Critically appraise and test competing propositions and arguments about conceptual, theoretical, political and policy dimensions of equitable principles, including the trust.
- Compare and assess responses to key issues in modern equity and trusts law across different jurisdictions.
- Interpret and contextualise the significance of the place of equity and trusts within the broader framework of private law.
Generic skills
- Writing clearly and persuasively, structuring and presenting analysis, argument, and conclusions with precision.
- Formulating and appraising proposals for law reform in equity and trusts, drawing on comparative international experience and academic commentary.
- Interpreting and critically reflecting on primary sources, including judicial decisions, statutory provisions, and other core materials in equity and trusts.
- Synthesising, evaluating and critically reflecting on secondary sources, including academic literature, to engage with scholarly debates in equity and trusts.
Last updated: 19 November 2025