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Equity & Trusts provides an understanding of the principles of equity and the law relating to trusts as required for admission to practice.
An understanding of the principles of equity and the law relating to trusts is required for admission to practice. Equitable principles impact on many areas of law, such as contract and property law. Trusts have numerous private and commercial uses, with taxation, estate planning and asset protection/insolvency consequences. This unit focuses on the principles of equity, with special emphasis on fiduciary obligations, obligations of confidence, unconscionable conduct, equitable interests and equitable remedies; and the law of trusts, including types of trusts, creation of trusts, and rights, duties and remedies of trustees and beneficiaries.
This unit aims to:· develop a coherent knowledge and understanding of the principles of equity and the law relating to trusts· demonstrate how the principles of equity and the law of trusts operate in a real world context and how this area of law develops in response to changes in society, and· extend your skills in statutory interpretation and effective communication.
At the completion of this unit, you should be able to:1. analyse and apply the principles of equity and trusts and communicate the legal and policy arguments and solutions clearly, logically and appropriately (Course Learning Outcomes 1.1, 4.1)2. critically analyse the way in which the principles of equity and the law of trusts evolve in response to changing social contexts, including international perspectives (CLOs 1.3, 1.4), and3. examine clauses of trust deeds by applying knowledge of the law of trusts (CLO 1.1).
The content of this unit includes:· nature and history of equity and trusts· equitable interests in property and equitable assignments· fiduciary obligations· other equitable doctrines, which may include confidential information, unconscionability and equitable estoppel· equitable remedies, which may include equitable personal remedies, equitable proprietary remedies and equitable monetary remedies· nature, classification and creation of trusts, including express, resulting and constructive trusts· charitable trusts· trusteeship, including the equitable duties, powers and rights of trustees, the rights of beneficiaries and remedies for breach of trust.
This unit is a combination of content and skills that will develop the course learning outcomes. Therefore, the unit is taught through a blended delivery style consisting of face-to-face lectures and online podcasts (to assist with your understanding of equity and trusts) and face-to-face tutorials and online materials (to allow you to practise and develop your skills of problem solving and communication). Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit. The unit sees students write a letter of advice to a client with a supporting memorandum for the client file, which provides the dimension of authentic assessment, helping to connect the unit learning with the bigger picture of operating as a professional in the world of work. The practices of self-assessment and reflection will be explained and emphasised in relation to student skill development in and beyond the unit.External students are supported with an optional External Attendance School midway through the semester.
QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.
A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.
PrescribedGE Dal Pont, Equity & Trusts in Australia (Thomson Reuters, 6th ed, 2015)RecommendedTina Cockburn, Tracey Carver and Anne Matthew, LexisNexis Questions and Answers: Equity and Trusts (LexisNexis Butterworths, 4th ed, 2014)Malcolm Cope, Equitable Obligations: Duties, Defences and Remedies (Lawbook Co, 2007)Gino Dal Pont and Tina Cockburn, Equity and Trusts in Principle (Thomson Reuters, 3rd ed, 2014)Gino Dal Pont, Equity & Trusts: Commentary and Materials (Thomson Reuters, 6th ed, 2015)Michael Evans and Bradley Jones, Equity and Trusts (LexisNexis Butterworths, 3rd ed, 2012)
There are no unusual risks in this unit.
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