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LAWS2203 Trusts
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The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.
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| Credit: 6 points Availability: Semester 2 Old unit code: 200.203
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| Outcomes: Students are able to (1) identify and explain the basic elements of a trust, the formal and substantive requirements for the creation of a trust, the circumstances in which resulting and constructive trusts arise, the principal features of a trustee’s powers and duties, and the remedies for breach of trust; (2) critically analyse basic principles of trusts law; (3) solve problems by applying these principles; (4) work collaboratively in a team to develop an understanding of a particular area of the law relating to the administration of a trust and explain this area in a clear and concise manner in an oral class presentation; and (5) write clear, concise answers to problems in the law of trusts. |
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| Content: This unit examines the basic principles of the law of express and implied trusts, trustees’ powers and duties and remedies for breach of trust. An understanding of trusts is important for many areas of legal practice including property law, wills and estate planning, taxation, family law, company law, insolvency, and financial services (e.g. investment, superannuation and banking). Accordingly, knowledge of trusts law is a prerequisite for admission to legal practice in all jurisdictions in Australia. |
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Assessment: This comprises a class presentation on an assigned topic supported by a written outline (25 per cent) and a final open-book examination (75 per cent).
Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course. |
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| Unit Co-ordinator(s): Dr Antonio Buti |
| Location: UWA (Crawley) |
| Mode: on-campus |
Unit Rules: |
| Prerequisites: LAWS1130 Legal Process and LAWS2204 Property I |
| Co-requisites: LAWS2205 Property II |
Contact hours—small group teaching: 3 hrs per week
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Unit Web Page: http://www.uwa.edu.au/page/103782 |
| Note: Some unit web pages are still under construction and will be available in 2009. |
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There is no single required text. However, in addition to the Trustees Act 1962 (WA), students may find the following of some use:
Recommended Reading
Dal Pont, G. and Chalmers, D. Equity and Trusts in Australia and New Zealand, 4th ed.: Lawbook Co. 2006
Douglas, R. and Knowler, J. Trusts in Principle: Lawbook Co. 2006
Ford, H. A. J. and Lee, W. A. Principles of the Law of Trusts: LBC Information Services (latest edition)
Heydon, J. D. and Loughlan, P. Cases and Materials on Equity and Trusts, 6th ed.: Butterworths 2002 |
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Assistance with study skills, including English language skills,
is available free of charge from Student Services for all enrolled students
(see http://www.studysmarter.uwa.edu.au/).
Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423. |
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Books and other material wherever listed may be subject to change.
Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.
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Unit Resources
Unit Coordinator
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