|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Student contribution band :||Band 4|
|Grading basis :||Graded|
|Version produced :||20 May 2022|
Pre-requisite: LAW2212 and LAW2213
This is a core course in the Bachelor of Laws program. Together with Property and Trusts A and Equity, it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the property and equity areas of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of property (specifically: legal and equitable remedies; statutory schemes of registration; acquisition and disposal of proprietary interests; concurrent ownership; proprietary interests in land owned by another and mortgages); and equity (specifically: trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation, including the duties, rights and powers of trustees, the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries).
LAW2223 Property and Trusts B continues the study of property and trusts law commenced in Property and Trusts A and builds upon the study of equitable principles begun in Equity.
The course examines important elements of Queensland legislation, and the Australian general law including equitable principles, as relevant to property law and trusts law in Queensland. The early focus of the course is on statutory schemes of registration for Torrens land, including detailed treatment of sale of land, leases, mortgages, easements and restrictive covenants, and related topics of fixtures and concurrent interests. The focus of the course then turns to trusts, with particular reference to the various kinds of trusts and the manner and form of their creation and variation: the duties, rights, duties and powers of trustees, the consequences of breach of trust, the statutory and equitable remedies available to beneficiaries and the respective rights of beneficiaries.
Students learn to apply the relevant legal (statutory and common law) and equitable principles in real and practical circumstances where interests are commonly in dispute.