MLP713 - Evidence Law and Policy - Distinction Notes

Description

Topic 1 — Nature and Classification of Trusts Historical Origins of the Trust What is a Trust? ( DKLR Holdings — Legal and Equitable Interests) Classification of Trusts ( Express, Resulting, Constructive, Discretionary) Social and Commercial Contexts for Trusts The Quistclose Trust Presumed Resulting Trusts Topic 2 — Fiduciary Relationships and Duties Nature of Fiduciary Relationships ( Recognised Categories, Three-Question Framework) Core Fiduciary Duties ( No-Conflict Duty, No-Profit Duty) Limits of Fiduciary Status — Non-Fiduciary Relationships Trustee Duties — Specific Applications ( Duty of Prudence, Defence — Informed Consent) Topic 3 — Trustee's Right to Indemnity Trustee's Right to Indemnity ( Sources, Limitations, CPT Custodian — Saunders v Vautier and Fees) Priority of Trustee's Indemnity — Insolvency ( Subrogation, Carter Holt, Naaman v Jaken) Trustee Personal Liability for Trust Debts Indemnity Against Beneficiaries Right to Contribution from Co-Trustees Right to Retire Topic 4 — Beneficiaries' Rights and Trustee Discretion The Rule in Saunders v Vautier ( Variations and Limitations) Removing a Trustee Access to Trust Documents ( Traditional Proprietary Approach, Schmidt Approach) Proper Exercise of Trustee's Discretion Topic 5 — Certainty of Intention and Formality The Three Certainties Certainty of Intention ( Imperfect Gift Cannot be Valid Trust) Formality Requirements — s 53 Property Law Act ( Key Distinctions, Fraud Exception) Complete Constitution of a Trust ( Assignment of Choses in Action) Topic 6 — Certainty of Subject Matter and Objects Certainty of Subject Matter ( Tangible Property, Intangible/Fungible Assets) Certainty of Objects ( Fixed Trusts, Discretionary Trusts, Administrative Workability/Capriciousness, Re Denley's Trust Deed) Topic 7 — Charitable Trusts What is a Charitable Trust? The Pemsel Categories ( Poverty, Education, Religion, Other Beneficial Purposes) Public Benefit Requirement Charities Act 2013 (Cth) Mixed Charitable and Non-Charitable Purposes Enforcement — Cy-pres Doctrine Seminar Questions — Worked Examples Topic 8 — Constructive Trusts What is a Constructive Trust? Requirements (Breach of Fiduciary Duty) Bribes and Secret Profits Constructive Trust and Estoppel Third Party Liability — Barnes v Addy Seminar Questions — Worked Examples Topic 9 — Equitable Remedies Equitable Compensation ( Re Dawson, Maguire v Makaronis, Youyang v Minter Ellison, Contributory Negligence) Account of Profits Seminar Question — Ralph & Benjamin (Full Case Study) Topic 10 — Tracing What is Tracing? Tracing Into Mixed Funds Clayton's Rule and Australian Position Tracing Into Third Party Hands Banking Presumptions — Summary Seminar Questions — Worked Examples Topic 11 — Exam Preparation Recurring Exam Pattern How to Approach Problem 1 (Trust Administration) Key Marking Patterns from 2025 Exams Most Critical Cases to Know For the Exam Exam Writing Technique