LLAW9606 Property, Equity and Trusts

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

1. Appraise the role and various methods of proprietary interests in chattels and land as well as their creation and relative enforceability at law and in equity; equitable doctrines and remedies plus various elements of trust law
2. Discuss their own professional judgment in the context of the law of property, equity and trusts
3. Critique complex legal issues through legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues in the context of the law of property, equity and trusts
4. Combine sophisticated cognitive and creative skills with critical analysis when approaching legal issues and make reasoned and appropriate choices amongst alternatives in the context of the law of property, equity and trusts
5. Justify and interpret theoretical propositions, legal methodologies, conclusions, and professional decisions in the context of the law of property, equity and trusts using intellectual and practical skills
6. Discuss the law of property, equity and trusts in effective, appropriate and persuasive ways for legal and non-legal audiences using a variety of communication methods