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Equity and Trusts (LAWS50033)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
Overview
Availability | Semester 2 |
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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: 31 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | 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) |
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1, Part 1: Examination
| During the teaching period | 30% |
Option 1, Part 2: 2-hour examination
| During the examination period | 70% |
Option 2: 3-hour examination
| 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: 31 January 2024
Dates & times
- Semester 2
Principal coordinator Julian Sempill Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 22 July 2024 to 20 October 2024 Last self-enrol date 2 August 2024 Census date 2 September 2024 Last date to withdraw without fail 20 September 2024 Assessment period ends 15 November 2024
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Last updated: 31 January 2024
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, latest edition)
- Specialist materials will also be made available via the LMS.
- 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: 31 January 2024