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This is a core course in the Bachelor of Laws program. Together with Property and Trusts A and Equity, it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the property and equity areas of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of property (specifically: legal and equitable remedies; statutory schemes of registration; acquisition and disposal of proprietary interests; concurrent ownership; proprietary interests in land owned by another and mortgages); and equity (specifically: trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation, including the duties, rights and powers of trustees, the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries).

LAW2223 Property and Trusts B continues the study of property and trusts law commenced in Property and Trusts A and builds upon the study of equitable principles begun in Equity.

The course examines important elements of Queensland legislation, and the Australian general law including equitable principles, as relevant to property law and trusts law in Queensland. The early focus of the course is on statutory schemes of registration for Torrens land, including detailed treatment of sale of land, leases, mortgages, easements and restrictive covenants, and related topics of fixtures and concurrent interests. The focus of the course then turns to trusts, with particular reference to the various kinds of trusts and the manner and form of their creation and variation: the duties, rights, duties and powers of trustees, the consequences of breach of trust, the statutory and equitable remedies available to beneficiaries and the respective rights of beneficiaries.

Students learn to apply the relevant legal (statutory and common law) and equitable principles in real and practical circumstances where interests are commonly in dispute.

On successful completion of this course students should be able to:

1. Demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to Australian property law and trusts law], and underlying principles and concepts; the broader contexts within which legal issues arise [in the area of property and trusts]; and of the principles and values of justice and of ethical practice in lawyers’ roles (PO1/TLO1).
2. Identify and articulate legal issues [relevant to Australian property law and trusts law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
3. Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to Australian property law and trusts law] (PO4/TLO4).
4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
5. Learn and work independently; and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (PO6/TLO6).
6. Identify applicable legislation and delegated legislation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems (PO7).