Overview

This unit introduces students to the equity jurisdiction of the unwritten law and the law of trusts. Within the unwritten law, equity developed to modify the rigidity of the law with the objective of achieving, fairness between parties. It now exists as a body of principles that seeks to produce individual transactional fairness and just outcomes. The concept of a trust is a major emanation of equity; as a result, this unit also examines the nature of trusts and the rights and obligations to which they give rise.

Requisites

Prerequisites

150 credit points in Law units

Teaching periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
03-March-2025
01-June-2025
Last self-enrolment date
16-March-2025
Census date
31-March-2025
Last withdraw without fail date
24-April-2025
Results released date
08-July-2025
Teaching Period 1
Location
Online
Start and end dates
10-March-2025
08-June-2025
Last self-enrolment date
23-March-2025
Census date
04-April-2025
Last withdraw without fail date
02-May-2025
Results released date
01-July-2025
Teaching Period 3
Location
Online
Start and end dates
03-November-2025
08-February-2026
Last self-enrolment date
16-November-2025
Census date
28-November-2025
Last withdraw without fail date
02-January-2026
Results released date
03-March-2026

Learning outcomes

Students who successfully complete this unit will be able to:

  • Evaluate Australian equity law and the law of trusts, and related policy debates and reform proposals
  • Explain the historical evolution of the equity jurisdiction and the distinction between legal and equitable principles and remedies in your advice to a client in a given set of facts
  • Locate and interpret legislation applicable to equity and trusts and apply it in the development of a legal argument
  • Conduct research into equity law and the law of trusts and use the results of that research in the development of a legal argument

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class		3.00 12 weeks 36
Online
Independent Learning		1.00 12 weeks 12
Unspecified Activities
Independent Learning		8.50 12 weeks 102
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning		11.50 12 weeks 138
Live Online
Class		1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
ExaminationIndividual 50 - 70% 1,2,3 
Research AssignmentIndividual 30 - 50% 1,2,3,4 

Content

  • The origins and nature of equity and its relationship to the unwritten law
  • Fiduciary obligations
  • Equitable remedies
  • Unconscionable transactions
  • The nature, creation and variation of trusts
  • Types of trusts
  • The rights, powers and duties of trustees
  • Breach of trust
  • The rights and remedies of beneficiaries

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.