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Overview

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
Faculty Faculty of Law
Study Level

Postgraduate

Offering Terms

Term 2

Campus

Kensington

Indicative contact hours

3

Conditions for Enrolment

Prerequisite: completion of 36 UOC of JURD courses including Business Associations (JURD7224) for students enrolled prior to 2013. For students enrolled after 2013, completion of 72 UOC of JURD courses including BA (JURD7224).

Course Outline

To access course outline, please visit:

Fees

Pre-2019 Handbook Editions

Access past handbook editions (2018 and prior)

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