This course introduces students to the doctrines of equity and the law of trusts. It traces the historical development of equity and its relationship with common law. Students will critically consider the appropriate application of a range of equitable doctrines to particular scenarios and the availability of different remedies. Students will also be introduced to the law of trusts and, in particular, the nature of a trust, legal requirements in establishing a trust as well as the rights, duties and powers associated with trusts. The course assumes familiarity with equitable doctrines taught in Principles of Private Law and Contracts (alternatively Contracts 1 and 2), for instance promissory estoppel, undue influence, unconscionability. For students who have not completed Principles of Private Law, the course will include a transitional module on personal property to introduce subject matter that was previously taught in Property, Equity and Trusts and will in future be taught in Principles of Private Law. This is an important pre-requisite for learning about trusts, which involve property.

This course is one of the core subjects for law and will normally be taken after completion of Contracts. It fits within the private law stream, which includes such subjects as Torts, Contracts and Land Law. It provides a good grounding for further studies in this area.

In addition, the course will incorporate on-line and classroom tutorials that teach students how to refine their skills in retrieving legal research, working through complex legal research problems and writing up research in professional contexts.

Basic understanding of personal property and contracts and an understanding of the structure of the Australian court system

This course introduces students to the doctrines of equity and the law of trusts. It traces the historical development of equity and its relationship with common law. Students will critically consider the appropriate application of a range of equitable doctrines to particular scenarios and the availability of different remedies. Students will also be introduced to the law of trusts and, in particular, the nature of a trust, legal requirements in establishing a trust as well as the rights, duties and powers associated with trusts. Students will develop efficient strategies for research and writing.

At the conclusion of this course, students should be able to:

This course introduces students to the doctrines of equity and the law of trusts. It traces the historical development of equity and its relationship with common law. Students will critically consider the appropriate application of a range of equitable doctrines to particular scenarios and the availability of different remedies. Students will also be introduced to the law of trusts and, in particular, the nature of a trust, legal requirements in establishing a trust as well as the rights, duties and powers associated with trusts. Students will develop efficient strategies for research and writing.