The objective of the course is to provide students with an overall understanding of the law of equity with special emphasis on fiduciary obligations, trusts, equitable assignment of property and equitable remedies. The course will consider the history of equity, basic principles which dominate its jurisprudence and the relevance of equity today; the nature of fiduciary obligations, recognised categories of fiduciaries and the extension of these categories in recent times, breach of fiduciary obligations, defences and remedies for the breach of fiduciary obligations; the nature and changing function of trusts, the requirements for express trusts, the duties, powers, rights and liabilities of trustees and beneficiaries and how express trusts are administered; resulting trusts, constructive trusts, the liability of a third party to a breach of trust or fiduciary duty, and the equitable proprietary and personal remedies for breach of trust and fiduciary duty, including tracing. The course then shifts its focus to equity more generally by considering the equitable rules for assignment of property and the remedies of specific performance, injunctions, and damages under Lord Cairns' Act.

• Explain and apply to a factual problem the law relating to fiduciary obligations, trusts (including constructive and resulting trusts), equitable remedies, tracing and equitable assignment
• Identify how equity has been, and can be, used as a vehicle for social change
• Describe and evaluate both fundamental themes underlying and connecting the specific doctrines covered, and the relationship of equity to other parts of the law.

The assessment for this course will involve two compulsory examinations: one at mid-semester and one at the end of semester. In addition, there will be an optional essay.

More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.

There will be three hours of lectures each week. Weekly tutorials will commence in Week 3 of the semester. Students are generally expected to devote approximately 10 hours overall per week to this course.

Property LAWS2204.
Completed or completing five LAWS courses at 1000 level.

Information about prescribed texts will be made available in the course outline.  See the course home page.

This course assumes a knowledge of contract, property and legal history. The subject reinforces and deepens understanding of specific doctrines referred to in other courses such as Contracts, Property, Corporations Law and Family Law.