Overview
In this unit you will examine the jurisdiction of Equity, which includes the law of Trusts. Weeks 1-3 focus on the history of Equity and its relationship with the common law, equitable rights and interests, equitable assignment, and fiduciary obligations. Weeks 4-8 focus on the law of Trusts, including types of trusts, trust creation and variation, trustee duties, rights and powers, breach of trust, beneficiary rights and remedies, resulting trusts, and constructive trusts. Weeks 9-12 focus on undue influence, unconscionable transactions, estoppel in equity and equitable remedies. This unit meets the Legal Practitioners Admissions Board requirements for Equity, including Trusts.
Details
Pre-requisites or Co-requisites
Pre-requisite: 24 credit points of Law units including LAWS11057.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2026
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from SUTE
The content is hard to digest ... There should be the key points made with case law stated on each slide instead of needing more information from the speaker.
My usual practice is to present a case decision outline on PPT/s and speak to the slide/s to explain the details of the court's reasoning, outcome etc. I will take these comments into account when revising the lectures in preparation for T2 2026. I will also include guidance in the lectures about the value of listening and note taking skills to legal practice.
Feedback from SUTE
According to one student, for the dicussion forum assessment, '[s]tudents were clearly using ChatGPT and not genuine discourse'.
I will work with the School of Business and Law educational developers to review this assessment with the aim of mitigating the risk of AI use for the T2 2026 offering.
Feedback from SUTE
I think the lecturer does an amazing job in explaining things and providing feedback
This is great feedback. I will continue to do my best to explain content clearly and to provide useful feedback.