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