Equity and Trusts

Semester 2, 2012
Professor John Glover john.glover@rmit.edu.au Rm 13.02.029, Wednesdays, 5.308.30 p.m. Lecture recordings and PowerPoint presentations accessible on Blackboard. Application of sec 23 of the Acts Interpretation Act 1901 . . .

Prescribed texts . . .
JD Heydon and MJ Leeming Cases and Materials on Equity and Trusts 8th edn (2011) JD Heydon and MJ Leeming Jacobs Law of Trusts in Australia 7th edn (2006)

Recommended texts . . .
P Parkinson (ed) Principles of Equity 2nd edn (2005) Meagher Gummow Lehanes Equity Doctrines and Remedies 5th edn (2005) J Glover (with WA Lee and M Bryan) Ford & Lee: The Law of Trusts 4th edn (2010) (online) J Glover Equity, Restitution & Fraud 1st edn (2004)

Structure of the course: 14 topics

History and nature of Equity Breach of confidence Fiduciary obligations Assignments in Equity Equitable proprietary rights Trusts: nature and classification Creating express trusts

Structure of the course (cont):

Statutory formalities Certainty of intention, subject, object Trusts and powers Charitable trusts Trustees duties and defences Trustees rights, powers and duties Beneficiaries rights and remedies

Relationship of course outline to learning objectives:

understanding the position of Equity and Trusts in the legal system; learning to critically analyse Equitable doctrine and principles; appreciating some of the unique qualities of the trust; making judgements about future developments; applying Equity and Trusts to practical problems.