LLAW2214 Property, Equity and Trusts

2017

4.5

1 x 110-minute lecture weekly
1 x 50-minute tutorial fortnightly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 18 Units of first year LLAW topics
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2)

1 of LLAW2101, LLAW2313, LLAW3104 has been successfully completed

This topic will introduce students to and ground them in fundamental notions inherent in the law of property, equity and trusts in Australia. Part I uncovers the concepts of property and fundamental principles of how something becomes property. It also examines the justifications for private property. Part II deals with concepts of personal property including the importance of possession, relativity of title and priority of legal property rights. This part also covers physical changes to things. In Part III, students will learn about the history and nature of equity and equitable remedies before moving on to learn about the nature, function and types of trusts. The topic will cover the rules and principles of creation, validity and operation of different types of trusts, as well as the role and obligations of trustees and the rights and remedies of beneficiaries. Part IV explores the law regulating transfers or assignments of proprietary interests, mostly in regard to the completing of formalities to create an express trust. In Part V, students will learn about shared property rights, and the significance of proprietary interests as distinct from other types of interests.

This topic aims to:

• introduce students to the fundamental notions inherent in the law of property, equity and trusts in Australia and ensure that they develop a secure and confident understanding of these fundamentals
• introduce students to the concept of property, the importance of possession and the relativity of title
• introduce students to an understanding of the significance, nature and operation of the institution of the trust as the most important institution in equity
• give students an understanding of selected ways in which rights in legal and equitable property are validly created, acquired and transferred
• ensure that students develop an understanding of the distinct equitable and proprietary nature of the trust concept within Australian law
• develop a sophisticated appreciation of the interplay of concepts across the doctrinal boundaries in the common law, equity and statute in this are of law
• encourage students to refine their skills in legal research, analysis, argument and writing, and working independently

Students who successfully complete this topic will be able to:

1. Identify the different interests which can exist in property under Australian law and distinguish them from other types of interest known to Australian law
2. Correctly identify the legal issues that arise out of sets of hypothetical facts which relate to selected matters affecting property rights and liabilities under Australian law; and to matters affecting the creation and transfer of selected legal and equitable interests in property under Australian law
3. Recognise the fundamental legal and equitable rules and principles which exist under Australian law for the creation, protection and regulation of selected property interests and transactions in property, and the creation, regulation and enforcement of trust rights and obligations, arising from express, resulting and constructive trusts
4. Explain how such rules and principles are used by courts and lawyers in seeking to resolve disputes related to such creation, protection and regulation of such property interests and transactions
5. Apply such rules and principles in order to resolve disputes of that kind, including rules and principles which the students have independently researched
6. Explain and critique the operation of principles of trusts law as they relate to the fundamental nature of the trust relationship in Australian law and society
7. Communicate their explanations and analyses coherently and persuasively in accordance with accepted norms of legal reasoning and presentation practice
8. Work independently to locate and effectively utilise the sources of law and the products of legal research and scholarship
9. Use the accepted forms of legal reasoning and analysis to articulate, in persuasive fashion, reasoned solutions to issues arising from scenarios related to the above.