Course overview
This course examines the principles of equity and analyses the doctrinal structure of the law of trusts. It provides students with coherent knowledge and a deep understanding of the relevant principles of judge-made and statute law relating to trusts within the Australian legal system, as well as developing skills relevant to ongoing learning and professional practice. topics include: The nature and history of equity; The concept of the express trust; Express trusts: certainty requirements; Creating express trusts: formalities, complete constitution, assignment of equitable interests; Express trusts for charitable and non-charitable purposes; The fiduciary nature of the trust relationship: duties, powers and rights of trustees; Breach of trust: defences and remedies; Non-Express trusts - resulting trusts and constructive trusts.
Course learning outcomes
- Compare and contrast the obligations and proprietary nature of the trust concept.
- Appraise the key issues that arise out of complex problems concerning the undertaking of equitable obligations and select relevant rules and principles to resolve such issues.
- Interpret, analyse and apply the general rules regulating the creation and assignment of legal and equitable interests in property under Australian law.
- Formulate and communicate the results of analysis and application of legal principle in resolving complex hypothetical fact situations concerning equitable obligations and equitable proprietary interests.
- Critically analyse common law and legislative developments in contemporary trust law doctrine in Australia