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This is a core course in the Bachelor of Laws program. It is approved by the Legal Practitioners Admission Board (Qld) and the Chief Justice of Queensland as meeting the equity area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Equity, specifically: the nature of equity; equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations; unconscionable transactions; equitable remedies; and trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts.)

No study of law is complete without an understanding of the area of law which lessens and ameliorates the harsh impacts of common law rules. First, this course aims to provide a theoretical framework for the underlying fundamental principles of the law of Equity. The material will explore the historical development of equity, its relationship with the common law and an analysis of its current applications. Students will have an appreciation for its special characteristics and the operation of guided discretion. The course will examine the practical application of equitable actions and remedies. In particular, a focus will be the manner in which equity may intervene in the application of more strict common law rights. 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, and powers of trustees; the consequences of breach of trust; the statutory and equitable remedies available to beneficiaries; and the respective rights of beneficiaries. Finally, students may be expected to be able to critique recent developments and comment on the direction of equitable principles to deal with new circumstances. The course also provides students with opportunities to learn the importance of equitable principles and remedies in supplementing the common law and introduces students to skills required in drafting a legal memorandum of advice.

On successful completion of this course, student should be able to:

1. demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to equity and trusts], and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; and of the principles and values of justice and of ethical practice in lawyers’ roles [fiduciary obligations] (PO1/TLO1);
2. demonstrate an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts, and to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community [fiduciary obligations] (PO2/TLO2);
3. identify and articulate legal issues [relevant to equity and trusts]; [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);
4. demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to equity and trusts] (PO4/TLO4);
5. communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).