This course builds on Equity and Trusts, the core subject, to provide a deeper and more practical foundation in trusts law for students who may be interested in practicing in the area of commercial law. Topics covered include: judicial review of trustee decision-making, investment duties of trustees, trading trusts, regulation of superannuation funds and managed investment schemes and current developments in the law relating to charitable trusts.

Main Topics

• Classification of trusts
• Family trusts and unit trusts
• The settlor’s Intentions and the three certainties
• Discretionary trusts and powers
• The beneficiary principle
• Charitable trusts
• Non-charitable purpose trusts,
• Gifts to unincorporated associations;
• Resulting trusts
• Public appeal fund surpluses
• Trustees' fiduciary duties
• Protector concept
• Investment powers
• Trusts in commerce, including Quistclose trust and Kayford trust

More information can be found on the Course Outline Website.