Key facts
UNE unit code: LAW340
*You are viewing the 2024 version of this unit which may be subject to change in future.
- Trimester 2 - On Campus
- Trimester 2 - Online
- Armidale Campus
- Yes
- No
- Yes
- 6
Unit information
This unit offers a comprehensive insight into equity and trusts, as well as the opportunity to develop your legal research and communication skills.
It covers a broad range of topics including equitable property issues, fiduciary duties, estoppel and assignment in equity, confidential information, equitable remedies and miscellaneous doctrines.
You will also examine resulting, constructive and charitable trusts, including the duties of trustees and the rights of beneficiaries.
Moreover, you will examine the nature of, and the reasons for, the development of an equitable jurisdiction distinct from the common law, with an emphasis on the remedial aspects of equity and trusts.
Additionally, you will examine the role of equity in contemporary legal developments in judicial law.
Offerings
For further information about UNE's teaching periods, please go to Principal Dates.
Teaching period | Mode/location |
---|---|
Trimester 2 | On Campus, Armidale Campus |
Trimester 2 | Online |
*Offering is subject to availability
Intensive schools
There are no intensive schools required for this unit.
Enrolment rules
Notes
Please refer to the student handbook for current details on this unit.
Unit coordinator(s)
Learning outcomes
Upon completion of this unit, students will be able to:
- demonstrate an awareness of the historical basis for the equitable jurisdiction; an understanding of the role of equity in Australia's legal system; and an ability to use cognitive skills to predict how ambiguous questions may be resolved by courts;
- demonstrate a well-developed understanding and an ability to critically analyse the relationship between equity and the common law in providing just outcomes for those making civil claims;
- use initiative and professional judgment to explain and apply the law relating to equitable rights, titles and interests, assignments of property in equity and law, estoppel, fiduciary obligations and relationships of trust and confidence, penalties and equity's role in the relief against forfeiture, and general application of equitable principles to problem based scenarios; and
- employ highly developed legal research skills to produce a coherent and well-argued written communication that evidences a detailed understanding of the law of trusts, including express, resulting and constructive trusts, charitable and purpose trusts, the rights and obligations of trustees and the rights of beneficiaries.
Assessment information
Assessments are subject to change up to 8 weeks prior to the start of the teaching period in which you are undertaking the unit.
Title | Must Complete | Weight | Offerings | Assessment Notes |
---|---|---|---|---|
Assignment 1 | Yes | 40% | All offerings | Written Assessment No. Words: 2000 |
Open Book Examination | Yes | 60% | All offerings | There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit. No. Words: 2000 |
Learning resources
Textbooks are subject to change up to 8 weeks prior to the start of the teaching period in which you are undertaking the unit.
Note: Students are expected to purchase prescribed material. Please note that textbook requirements may vary from one teaching period to the next.
Equity and Trusts in Australia
ISBN: 9780455246758
Dal Pont, G.E., Thomson Lawbook Co 8th ed. 2023
Text refers to: All offerings
Note: Recommended material is held in the University Library — purchase is optional.
Equity and Trusts: Commentary and Materials
ISBN: 9780455246772
Dal Pont, G.E., Thomson Lawbook Co 8th ed. 2023
Text refers to: All offerings
Equity and Trusts: In Principle
ISBN: 9780455241937
Cockburn, T. and Dal Pont, T., Thomson Reuters 4th ed. 2019
Text refers to: All offerings
Equity and Trusts In Australia + Equity and Trusts: Commentary and Materials
ISBN: 9780455247809
Dal Pont, G.E., Thomson Lawbook Co 8th ed. 2023
Text refers to: All offerings
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