LLAW9606 Property, Equity and Trusts

2016

4.5

1 x 10-hour on-line exercises weekly

1 Admission into JD-Juris Doctor
1a Admission into GCLA-Graduate Certificate in Laws
1b Admission into GDPLA-Graduate Diploma in Laws
2 ^ LLAW9601 - The Australian Legal System
Must Satisfy: ((1 or 1a or 1b) and 2)

Assignment(s), Examination(s), Test(s), Oral, Collaborative Workshop Exercises

This topic will introduce students to broad concepts in the law of property, equity and trusts in Australia, including an examination of concepts of property and fundamental principles of how something becomes property, justifications for private property, concepts of personal property including the importance of possession, relativity of title and priority of legal property rights. Students will learn about the history and nature of equity and equitable remedies and 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.

This topic aims to:

• introduce students to the broad concepts of property, equity and trusts in Australia;

• provide students with knowledge and understanding of the concept of property, the importance of possession and the relativity of title;

• provide students with knowledge and understanding of the significance, nature and operation of trusts;

• provide students with knowledge and 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; and

• assist students to develop a sophisticated appreciation of the interplay of concepts across the doctrinal boundaries in the common law, equity and statute in this area of law.

It is expected that as a result of work in this topic, students will:

1. demonstrate a knowledge and understanding of:
   (a) the nature and type of various proprietary interests in chattels and land and their creation and relative enforceability at law and in equity;
   (b) equitable doctrines and remedies;
   (c) elements of trust law including types of trusts, rights, duties and powers of trustees and consequences for breach of trust;

2. demonstrate ability to:
   (a) understand approaches to ethical decision making;
   (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;
   (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and
   (d) exercise professional judgment,
   in the context of the law of property, equity and trusts.

3. demonstrate ability to:
   (a) dentify and articulate complex legal issues;
   (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;
   (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and
   (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,
   in the context of the law of property, equity and trusts.

4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of the law of property, equity and trusts;

5. demonstrate ability to:
   (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and
   (b) collaborate effectively,
   in the context of the law of property, equity and trusts.

6. demonstrate ability to:
   (a) learn and work with a high level of autonomy, accountability and professionalism, and
   (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.