Availabilities:

LocationDomesticInternational
Gold Coast
Lismore
Online

Unit description

Provides the opportunity to research and analyse the development of equity and examine equitable doctrine including fiduciary obligations, duty of confidence, assignments and equitable interests. Students will also have the opportunity to research and analyse key legal principles relating to express, resulting and constructive trusts.

Unit content

Topic 1: The history and nature of equity
Topic 2: Fiduciary duties
Topic 3: Duty of confidence
Topic 4: Equitable estates and interests
Topic 5: Law of assignments
Topic 6: Introduction to trusts
Topic 7: Creation of express trusts
Topic 8: Variation and termination of express trusts
Topic 9: Duties, powers and rights of trustees
Topic 10: Resulting trusts
Topic 11: Constructive trusts
Topic 12: Equitable remedies

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:
1demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law
2explain the reasons for a distinctive equitable jurisdiction, and the significance of equitable doctrines and remedies in law
3apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts
4apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics

On completion of this unit, students should be able to:

  1. demonstrate an understanding of the underlying themes and issues and the key legal principles relating to equity and trust law
  2. explain the reasons for a distinctive equitable jurisdiction, and the significance of equitable doctrines and remedies in law
  3. apply legal reasoning and research to generate appropriate responses to legal problems in equity and trust law contexts
  4. apply critical judgment including analysis, reasoning, and appropriate directed research to equity and trust law topics

Prescribed texts

  • Radan, P & Stewart, C, 2018, Principles of Australian Equity and Trusts, 4th edn, LexisNexis, Australia. ISBN: 9780409348217.
Prescribed texts may change in future study periods.

Teaching and assessment

Teaching method
Lecture online 2 hours (12 weeks)
Tutorial on-site 2 hours (11 weeks)
Assessment
Research assignment50%
Exam: take home50%

Teaching method
Lecture online 2 hours (12 weeks)
Tutorial on-site 2 hours (11 weeks)
Assessment
Research assignment50%
Exam: take home50%

Teaching method
Lecture online 2 hours (12 weeks)
Tutorial online 2 hours (11 weeks)
Assessment
Research assignment50%
Exam: take home50%
Notice

Intensive offerings may or may not be scheduled in every session. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the study session.

Fee information

Domestic

Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.

Fee paying courses
For postgraduate or undergraduate full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees

International

Please check the international course and fee list to determine the relevant fees.

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