Key facts

UNE unit code: LAW340

*You are viewing the 2024 version of this unit which may be subject to change in future.

Start
  • Trimester 2 - On Campus
  • Trimester 2 - Online
Campus
  • Armidale Campus
24/7 online support
  • Yes
Intensive schools
  • No
Supervised exam
  • Yes
Credit points
  • 6

Unit information

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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 2On Campus, Armidale Campus
Trimester 2Online

*Offering is subject to availability

Intensive schools

There are no intensive schools required for this unit.

Enrolment rules

Pre-requisites
36cp in Law including LS100 or LAW100, LS372 or LAW272 or LAW172 and candidature in BA/LLB or BAgr/LLB or BBus/LLB or BCom/LLB or BCompSc/LLB or BCrim/LLB or BEcon/LLB or BEnvSc/LLB or BFinAdmin/LLB or BFinServ/LLB or BSc/LLB or JD or LLB or LLM
Restrictions
LS240

Notes

Please refer to the student handbook for current details on this unit.

Unit coordinator(s)

profile photo of Paul Sattler
Paul SattlerAssociate Lecturer - School of Law

Learning outcomes

Upon completion of this unit, students will be able to:

  1. 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;
  2. 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;
  3. 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
  4. 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.

TitleMust CompleteWeightOfferingsAssessment Notes
Assignment 1Yes40%All offerings

Written Assessment

No. Words: 2000

Open Book ExaminationYes60%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

Note: If this unit has an online supervised exam (go to Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if they are on the desktop/laptop computer upon which you are sitting your exam.

Text refers to: All offerings

Note: Recommended material is held in the University Library — purchase is optional.

Equity and Trusts In Australia + Equity and Trusts: Commentary and Materials

ISBN: 9780455247809

Dal Pont, G.E., Thomson Lawbook Co 8th ed. 2023

Note: Package includes: Dal Pont, G.E., "Equity and Trusts in Australia, 8th ed. (ISBN: 9780455246758) and Dal Pont, G.E., "Equity and Trusts: Commentary and Materials", 8th ed. (ISBN: 9780455246772). This is an alternative to ordering the texts separately. If this unit has an online supervised exam (go to Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if they are on the desktop/laptop computer upon which you are sitting your exam.

Text refers to: All offerings

Equity and Trusts: In Principle

ISBN: 9780455241937

Cockburn, T. and Dal Pont, T., Thomson Reuters 4th ed. 2019

Note: If this unit has an online supervised exam (go to Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if they are on the desktop/laptop computer upon which you are sitting your exam.

Text refers to: All offerings

Equity and Trusts: Commentary and Materials

ISBN: 9780455246772

Dal Pont, G.E., Thomson Lawbook Co 8th ed. 2023

Note: If this unit has an online supervised exam (go to Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if they are on the desktop/laptop computer upon which you are sitting your exam.

Text refers to: All offerings

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