1.1. Law of Assignments
1.1.1. Is the property capable of being assigned?
Rights which cannot be assigned (subject to
An assignment of pay by the holder of a public
office is prohibited on the basis that
Lecture Topic: Rights, powers and duties of trustees and rights of beneficiaries (This lecture will be
available on Echo in Week 11. Students are expected to have listened to the lecture prior to
attending their seminars.)
Seminar Reading: Radan a
LECTURE TOPIC: Introduction to Trusts/Express trusts (This lecture will be
available on Echo in Week 9. Students are expected to have listened to the
lecture prior to attending their seminars.)
Seminar Reading: Radan and Stewart Chs 15 and 16
Assoc Prof Cameron Stewart
Law vs Equity
Legal and Equitable estates
Now onto ways of transferring
Legal and Equitable
In the assignment of property, t
REVISION QUESTION 1
The facts of this question occur in NSW.
Agatha is the trustee of a trust (the Bombay Bombs trust) which conducts a budget car rental
company. The beneficiary of the trust is a company known as Bombay Bombs Ltd. On 1 September
LLB 270 Notes
Week 7 Co-ownership (Ch 14 BT):
Co-ownership compared to other shared interests:
1. The essence of co-ownership is unity of possession.
2. Other forms:
a. Company title: company owned the land and
Charitable trusts Week 11
Concept of express trust
Note subject to
Rule against indestructible trust
Subject to other rules re: express trusts
Tax consequences in relation to charitable trusts
Part 1: Problem solving technique re:
Lecture Topic: Gifts and Sales Part 2: Assignment of Future Property, Assignment of Equitable
Property, the requirements of s 23C Conveyancing Act, factors vitiating gifts (This lecture will be
available on Echo in Week 8. Students are expected to
Week 13 remedies for breach of trust
Identifying Breach of trust
Standard of care in exercising power of investment
Fiduciary duty no conflict, no profit.
Misappropriation of trust property.
Even if trustee has breached trust m
LECTURE TOPIC: Gifts and Sales Part 1: Assignments at law, equitable assignments of legal property,
exceptions to the rule that equity will not assist a volunteer (This lecture will be available on Echo in
Week 7. Students are expected to have list
Property and trusts B Revision Lecture
Need to know Torrens in relation to Barnes and Addy and Tracing - dealt with in week 13.
Two questions: must answer question 1 (65% 2hrs) question 2/3 (35% 1hr)
Presume all facts occur in NSW, Succession Act 2006 app
Lecture Topic: remedies for breach of trust (This lecture will be available on Echo in Week 12.
Students are expected to have listened to the lecture prior to attending their seminars.)
Reading: Radan and Stewart paras 21.68-21.84, 28.1-28.16, 28.
Answer GUIDE: QUESTION 2
Using the issues checklist, it is clear that this question raises issues in relation to trustees powers and
duties, and remedies for breach of trust. It is important to note that, if the beneficiaries are going to
have a remedy ag
Exam Revision lecture
Weeks 7-13 seminar topics
Gifts and Sales
Knowledge of Torrens?
2 problem style questions
Question 1 is compulsory
Choice of question 2 OR Question 3
Assume set in NSW
PRACTICE REVISION QUESTIONS: ANSWER GUIDE TO QN 1
Explain how the legal and beneficial ownership of the following are held:
a) each of the four items of property referred to in the document (assume that the Beatles
White Album has fallen in val
Week 7 (Lecture) Co-Ownership
Co-owners are entitled to the whole occupation of the land unity of possession
The Four Unities
To create a joint tenancy requires the presence of the four unifying characteristics known
as the four unities.
1. Unity of posse
Week 8 Gifts and Sales (part 1)
Law of Assignments (systematic way!)
Use chart on moodle to do problem questions.
Assignments on real and personal property
Transfer of rights and liabilities intervivos
Legal assignment: pursuant to common law and stat
Week 10 Introduction to trusts
Three types of trusts
Trusts can co-existence with other relationship.
Trust and debt: Quistclose Investments
If there is a trust and the trustee becomes insolvent, the trust property is no
Combined Trust Questions with Answer Guides
The facts of this question are set in NSW.
Alex, a successful industrialist and founder of Busy Corporation, died on the 1 January 2008.
His will contained two trusts with a residuary
Revision Question 1
1x beatles album
1x Torrens land ($200,000)
1x 8,000 credit (Darren)
Explain the how the legal and beneficial ownership of the following are held:
Exam Summary - Property B
Monday, 28 October 2013
Co-Ownership Question Plan
1. What type of Co-ownership?
a. Tenants in Common
i. At Law - Is presumed at law by the operation of s26(1) CA where an instrument disposes of property without estate t