Equity and Trusts
36 hours face to face + blended
One Semester or equivalent
Hawthorn, Online
Overview
This unit introduces students to the equity jurisdiction of the unwritten law and the law of trusts. Within the unwritten law, equity developed to modify the rigidity of the law with the objective of achieving, in relation to individual transactions, fairness between parties. It now exists as a body of principles that seeks to produce individual transactional fairness and just outcomes. The concept of a trust is a major emanation of equity; as a result, this unit also examines the nature of trusts and the rights and obligations to which they give rise.
Requisites
Teaching Periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
26-February-2024
26-May-2024
26-May-2024
Last self-enrolment date
10-March-2024
Census date
31-March-2024
Last withdraw without fail date
12-April-2024
Results released date
02-July-2024
Teaching Period 2
Location
Online
Start and end dates
08-July-2024
06-October-2024
06-October-2024
Last self-enrolment date
21-July-2024
Census date
02-August-2024
Last withdraw without fail date
23-August-2024
Results released date
29-October-2024
Learning outcomes
Students who successfully complete this unit will be able to:
- Evaluate Australian equity law and the law of trusts, and related policy debates and reform proposals
- Explain the historical evolution of the equity jurisdiction and the distinction between legal and equitable principles and remedies in your advice to a client in a given set of facts
- Locate and interpret legislation applicable to equity and trusts and apply it in the development of a legal argument
- Conduct research into equity law and the law of trusts and use the results of that research in the development of a legal argument
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| On-campus Class | 3.00 | 12 weeks | 36 |
| Online Independent Learning | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Examination | Individual | 50 - 70% | 1,2,3 |
| Research Assignment | Individual | 30 - 50% | 1,2,3,4 |
Content
- The origins and nature of equity and its relationship to the unwritten law
- Equitable rights, titles and interests
- Fiduciary obligations
- Equitable remedies
- Unconscionable transactions
- The nature, creation and variation of trusts
- Types of trusts
- The rights, powers and duties of trustees
- Breach of trust
- The rights and remedies of beneficiaries
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.