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 propoerty 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 fudiciary obligations, defences and remedies for the breach of fiduciary obligations; the requirements for express trusts, the liability of a third party to a breach of trust or fiduciary duty, and the 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 and injunctions.

  A student who has satisfactorily completed Equity and Trusts should be able to:

• 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 include two compulsory examinations: one mid-semester and one at the end of semester.  In addition, there will be an optional essay.  There will also be a tutorial assessment component.

There will be three hours of lectures each week.  There will be weekly tutorials; students should check the course homepage for the commencement date of tutorials.  Students are generally expected to devote approximately 10 hours overall per week to this course.

 Property LAWS2204 is a pre-requisite for 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 and on Wattle.

 A reading guide will be available on Wattle and on 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.