This topic introduces students to fundamentals of property law and Australian equity and trusts law. It considers how something becomes property and examines the justifications for private property. It then deals with concepts of personal property including possession, relativity of title and priority of legal property rights. Students will learn about shared property rights, and the significance of proprietary interests as distinct from other types of interests. Students will learn about the history and nature of equity and equitable remedies before moving on to learn about the nature, function and types of trusts. It will cover the rules for creation, validity and operation of different types of trusts, as well as obligations of trustees, fiduciaries and the rights and remedies of beneficiaries.
The topic also explores the law regulating transfers or assignments of proprietary interests in the context of completing of formalities required to create an express trust.
This topic aims to:
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