Equity and Trusts

About this subject

• What you'll learn

  Upon completion of this subject, 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.

• Topics covered

• Description

• Assessments

• Textbooks

• About University of New England

Entry requirements

Part of a degree

To enrol in this subject you must be accepted into one of the following degrees:

Core

• UNE-LAW-DEG-2025 - Bachelor of Laws (3 Years)
• UNE-LLB-DEG-2025 - Bachelor of Laws (4 Years)

Prior study

You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:

• UNE-LAW100-Foundations of Law

• UNE-LAW101-Law in Context

• UNE-LAW102-Legal Professional Skills

• UNE-LAW131-Torts Law

and one of

• UNE-LAW172-Contract Law

• UNE-LAW272 (Not currently available)

and one of

• UNE-LAW162-Criminal Law

• UNE-LAW312 (Not currently available)

Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s).

Others

Candidature in Bachelor of Laws (4 Years).
To enrol in this subject you will need to pass the Prerequisite/s. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not pass the prerequisite subject/s.

Additional requirements

• Equipment requirements - Headphones or speakers (required to listen to lectures and other media). Headset, including microphone (highly recommended). Webcam (may be required for participation in virtual classrooms and/or media presentations).
• Software requirements - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
• Other requirements -

  Textbook requirements:
  Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
  Students are expected to purchase prescribed material.
  Textbook requirements may vary from one teaching period to the next.

Study load

0.125 EFTSL

This is in the range of 10 to 12 hours of study each week.

Equivalent full time study load (EFTSL) is one way to calculate your study load. One (1.0) EFTSL is equivalent to a full-time study load for one year.

Find out more information on Commonwealth Loans to understand what this means to your eligibility for financial support.