70517 Equity and Trusts
The Complete Exam Bible · Spring 202670517 Overview
- University of Technology Sydney Faculty of Law
- Spring 2026
- undergraduate law
- 8 credit points
70517 Equity and Trusts develops equitable property, estoppel, unconscionable dealing, fiduciary obligations, third-party liability, express and constructive trusts, trustees' duties, equitable remedies and tracing through Australian authority and problem questions. It is taught within University of Technology Sydney Faculty of Law.
- 70517 grading 20% Research Knowledge Quiz, 30% online Equitable Principles and Remedies Quiz, and 50% final examination
- 70517 task mode The final is a two-hour online examination delivered through ProctorU. Students must verify the current timetable, technical setup and permitted materials in the official subject instructions.
- 70517 mark trap Choosing the right equitable route before discussing remedies. The same facts may suggest estoppel, fiduciary breach, third-party liability or trust claims, but each has different elements, defences and remedial consequences.
- 70517 pass rule Exam eligibility requires submission of at least 9 of 12 tutorial writing tasks, and the final examination requires at least 20 marks out of 50. These are separate rules and do not replace the overall subject pass requirement.
How 70517 is assessed
| Component | Weight | Format |
|---|---|---|
| Research Knowledge Quiz | 20% | Online quiz testing legal research knowledge; generative AI prohibited |
| Equitable Principles and Remedies Quiz | 30% | Online doctrinal quiz; generative AI prohibited |
| Final Examination · hurdle | 50% | Two-hour online ProctorU exam; 20/50 exam minimum and 9/12 tutorial-writing eligibility |
The subject has a 20% Research Knowledge Quiz, 30% online Equitable Principles and Remedies Quiz and 50% final examination. Exam eligibility requires at least 9 of 12 tutorial writing submissions, and the exam separately requires at least 20/50. The final is a two-hour online ProctorU examination. Generative AI is prohibited in all three assessments.
What 70517 covers
Start with Assessment Map, Tutorial Eligibility and Problem Method; use Third-party Liability as the turning point; finish by bringing the course together in Equitable Remedies, Accounts and Tracing.
Assessment Map, Tutorial Eligibility and Problem Method
20/30/50 structure · 9-of-12 eligibility · 20-of-50 examination minimum · build a doctrine-element-authority-remedy method and a tutorial submission ledgerAssessment Map, Tutorial Eligibility and Problem Method asks how 20/30/50 structure, 9-of-12 eligibility and 20-of-50 examination minimum change the interpretation of a text, case, institution or public problem.
- 20/30/50 structure
- 9-of-12 eligibility
- 20-of-50 examination minimum
- Applying 20/30/50 structure
- Limits of 9-of-12 eligibility and 20-of-50 examination minimum
History, Nature and Maxims of Equity
common law and equity · fusion debate · equitable maxims · use history and maxims to orient doctrine without replacing legal authorityHistory, Nature and Maxims of Equity asks how common law and equity, fusion debate and equitable maxims change the interpretation of a text, case, institution or public problem.
- common law and equity
- fusion debate
- equitable maxims
- Applying common law and equity
- Limits of fusion debate and equitable maxims
Equitable Property and Assignments
legal and equitable interests · assignment requirements · priority consequences · classify the property and apply the correct assignment routeEquitable Property and Assignments asks how legal and equitable interests, assignment requirements and priority consequences change the interpretation of a text, case, institution or public problem.
- legal and equitable interests
- assignment requirements
- priority consequences
- Applying legal and equitable interests
- Limits of assignment requirements and priority consequences
Unconscionable Dealing and Undue Influence
special disadvantage · knowledge and exploitation · presumed and actual influence · separate the elements and remedial consequences of the two doctrinesUnconscionable Dealing and Undue Influence asks how special disadvantage, knowledge and exploitation and presumed and actual influence change the interpretation of a text, case, institution or public problem.
- special disadvantage
- knowledge and exploitation
- presumed and actual influence
- Applying special disadvantage
- Limits of knowledge and exploitation and presumed and actual influence
Equitable Estoppel
induced assumption · reliance and detriment · unconscionable departure and relief · construct an estoppel analysis and calibrate relief to the equity raisedEquitable Estoppel asks how induced assumption, reliance and detriment and unconscionable departure and relief change the interpretation of a text, case, institution or public problem.
- induced assumption
- reliance and detriment
- unconscionable departure and relief
- Applying induced assumption
- Limits of reliance and detriment and unconscionable departure and relief
Fiduciary Obligations
fiduciary relationship and scope · conflict rule · profit rule and informed consent · identify the precise undertaking and test conflict or profit within its scopeFiduciary Obligations asks how fiduciary relationship and scope, conflict rule and profit rule and informed consent change the interpretation of a text, case, institution or public problem.
- fiduciary relationship and scope
- conflict rule
- profit rule and informed consent
- Applying fiduciary relationship and scope
- Limits of conflict rule and profit rule and informed consent
Third-party Liability
knowing receipt · knowing assistance · dishonest and fraudulent design · separate receipt-based and assistance-based routes using the third party's conduct and knowledgeThird-party Liability asks how knowing receipt, knowing assistance and dishonest and fraudulent design change the interpretation of a text, case, institution or public problem.
- knowing receipt
- knowing assistance
- dishonest and fraudulent design
- Applying knowing receipt
- Limits of knowing assistance and dishonest and fraudulent design
Express Trusts and the Three Certainties
certainty of intention · certainty of subject matter · certainty of objects · test an attempted trust and identify the consequence of each uncertaintyExpress Trusts and the Three Certainties asks how certainty of intention, certainty of subject matter and certainty of objects change the interpretation of a text, case, institution or public problem.
- certainty of intention
- certainty of subject matter
- certainty of objects
- Applying certainty of intention
- Limits of certainty of subject matter and certainty of objects
Trustees' Duties, Powers and Beneficiary Rights
trustee duties · proper exercise of power · beneficiary enforcement · evaluate a trustee decision through source, purpose, process and remedyTrustees' Duties, Powers and Beneficiary Rights asks how trustee duties, proper exercise of power and beneficiary enforcement change the interpretation of a text, case, institution or public problem.
- trustee duties
- proper exercise of power
- beneficiary enforcement
- Applying trustee duties
- Limits of proper exercise of power and beneficiary enforcement
Resulting and Quistclose Trusts
automatic resulting trust · presumed resulting trust · restricted-purpose transfer · classify why beneficial ownership returns or remains with the transferorResulting and Quistclose Trusts asks how automatic resulting trust, presumed resulting trust and restricted-purpose transfer change the interpretation of a text, case, institution or public problem.
- automatic resulting trust
- presumed resulting trust
- restricted-purpose transfer
- Applying automatic resulting trust
- Limits of presumed resulting trust and restricted-purpose transfer
Constructive Trusts
institutional constructive trust · remedial constructive trust · third-party and relationship contexts · identify the event generating the constructive trust and its proprietary consequencesConstructive Trusts asks how institutional constructive trust, remedial constructive trust and third-party and relationship contexts change the interpretation of a text, case, institution or public problem.
- institutional constructive trust
- remedial constructive trust
- third-party and relationship contexts
- Applying institutional constructive trust
- Limits of remedial constructive trust and third-party and relationship contexts
Equitable Remedies, Accounts and Tracing
injunction and specific performance · account of profits and compensation · tracing and defences · select a personal or proprietary response and explain how its purpose fits the established wrongEquitable Remedies, Accounts and Tracing asks how injunction and specific performance, account of profits and compensation and tracing and defences change the interpretation of a text, case, institution or public problem.
- injunction and specific performance
- account of profits and compensation
- tracing and defences
- Applying injunction and specific performance
- Limits of account of profits and compensation and tracing and defences
It is undergraduate law. It carries 8 credit points. It is positioned as a core Equity and Trusts subject in the UTS law course structure.
The subject is structured around doctrine-to-remedy chains: students must identify the relationship or property interest, establish the equitable wrong, test available defences and select a remedy.
Tutorial writing is not optional preparation because exam eligibility depends on submitting nine of twelve tasks.
The doctrinal sequence also changes the available response: equitable estoppel asks about an induced assumption and detriment; fiduciary liability begins with the scope of an undertaking and duties of loyalty; third-party liability separates receipt from assistance; trust problems require classification of property, intention and objects; tracing follows value rather than creating an independent wrong.
Strong problem answers therefore resist naming every plausible doctrine.
They identify the route whose elements fit the facts, use authority at the disputed step, explain any discretion or defence, and show why the requested personal or proprietary remedy follows from that established route.
Assessment in 70517 is distributed as follows: 20% Research Knowledge Quiz, 30% online Equitable Principles and Remedies Quiz, and 50% final examination
The operational assessment conditions matter here.
The final is a two-hour online examination delivered through ProctorU. Students must verify the current timetable, technical setup and permitted materials in the official subject instructions.
What makes 70517 demanding is concrete: Choosing the right equitable route before discussing remedies.
The same facts may suggest estoppel, fiduciary breach, third-party liability or trust claims, but each has different elements, defences and remedial consequences.
Exam eligibility requires submission of at least 9 of 12 tutorial writing tasks, and the final examination requires at least 20 marks out of 50. These are separate rules and do not replace the overall subject pass requirement.
For enrolment planning, Check the current UTS Handbook for prerequisite and course-progress rules before enrolment.
Start with Assessment Map, Tutorial Eligibility and Problem Method; use Third-party Liability as the turning point; finish by bringing the course together in Equitable Remedies, Accounts and Tracing.
Worked example · free
Worked example: Equity and Trusts integrated response
- 1State the exact comparison the task requires in Equity and Trusts integrated response.
- 1Define 20/30/50 structure and place the observation that belongs to it under that heading.
- 1Define fiduciary relationship and scope separately, then name the clue that prevents it being collapsed into 20/30/50 structure.
- 1Apply special disadvantage to the same evidence and give a conclusion that respects this limit: Moral unfairness alone does not establish doctrinal unconscionability.
Key terms
- Equity and trusts
- The body of principles governing equitable rights, obligations, remedies and relationships in which property is held for others.
- Equitable remedies
- Discretionary or gain-based responses developed in equity, including injunctions, specific performance, rescission, compensation and account of profits.
- Equitable estoppel
- A doctrine preventing departure from an induced assumption when reliance makes that departure unconscionable and equitable relief is justified.
- Fiduciary obligation
- A duty of loyalty requiring a fiduciary to avoid unauthorised conflicts and profits within the scope of the relationship.
- Knowing receipt
- Third-party liability arising from receipt of trust property with knowledge making retention of the benefit unconscionable.
- Knowing assistance
- Third-party liability for dishonestly assisting a trustee or fiduciary in a dishonest and fraudulent design.
- Three certainties
- The requirements that an express trust have sufficiently certain intention, subject matter and objects or beneficiaries.
- Tracing
- A process for identifying value as it moves through substitutions or mixtures so a claimant can locate an equitable proprietary claim.
70517 FAQ
Is 70517 hard?
Choosing the right equitable route before discussing remedies. The same facts may suggest estoppel, fiduciary breach, third-party liability or trust claims, but each has different elements, defences and remedial consequences.
How is 70517 assessed?
20% Research Knowledge Quiz, 30% online Equitable Principles and Remedies Quiz, and 50% final examination
What is the 70517 exam or final-task format?
The final is a two-hour online examination delivered through ProctorU. Students must verify the current timetable, technical setup and permitted materials in the official subject instructions.
Does 70517 have a hurdle or component-level pass rule?
Exam eligibility requires submission of at least 9 of 12 tutorial writing tasks, and the final examination requires at least 20 marks out of 50. These are separate rules and do not replace the overall subject pass requirement.
What prerequisites or restrictions apply to 70517?
Check the current UTS Handbook for prerequisite and course-progress rules before enrolment.
Is 70517 offered in Spring 2026?
This resource is aligned to Spring 2026. Confirm your class and assessment timetable in the current institutional system.
Is this 70517 resource an official university guide?
No. It is an independent 70517 study resource; current institutional instructions remain authoritative for assessment operation.
Questions students ask in each 70517 chapter
- What is the main task in Assessment Map, Tutorial Eligibility and Problem Method?
- Build a doctrine-element-authority-remedy method and a tutorial submission ledger. Chapter 01 · Assessment Map, Tutorial Eligibility and Problem Method
- What is the main task in History, Nature and Maxims of Equity?
- Use history and maxims to orient doctrine without replacing legal authority. Chapter 02 · History, Nature and Maxims of Equity
- What is the main task in Equitable Property and Assignments?
- Classify the property and apply the correct assignment route. Chapter 03 · Equitable Property and Assignments
- What is the main task in Unconscionable Dealing and Undue Influence?
- Separate the elements and remedial consequences of the two doctrines. Chapter 04 · Unconscionable Dealing and Undue Influence
- What is the main task in Equitable Estoppel?
- Construct an estoppel analysis and calibrate relief to the equity raised. Chapter 05 · Equitable Estoppel
- What is the main task in Fiduciary Obligations?
- Identify the precise undertaking and test conflict or profit within its scope. Chapter 06 · Fiduciary Obligations
- What is the main task in Third-party Liability?
- Separate receipt-based and assistance-based routes using the third party's conduct and knowledge. Chapter 07 · Third-party Liability
- What is the main task in Express Trusts and the Three Certainties?
- Test an attempted trust and identify the consequence of each uncertainty. Chapter 08 · Express Trusts and the Three Certainties
- What is the main task in Trustees' Duties, Powers and Beneficiary Rights?
- Evaluate a trustee decision through source, purpose, process and remedy. Chapter 09 · Trustees' Duties, Powers and Beneficiary Rights
- What is the main task in Resulting and Quistclose Trusts?
- Classify why beneficial ownership returns or remains with the transferor. Chapter 10 · Resulting and Quistclose Trusts
- What is the main task in Constructive Trusts?
- Identify the event generating the constructive trust and its proprietary consequences. Chapter 11 · Constructive Trusts
- What is the main task in Equitable Remedies, Accounts and Tracing?
- Select a personal or proprietary response and explain how its purpose fits the established wrong. Chapter 12 · Equitable Remedies, Accounts and Tracing
How to study for the exam
Retrieve the course map, practise the recurring method—classify the equitable relationship or property interest, establish the relevant elements and defences, then select a remedy whose purpose and limits fit the facts—on changed scenarios, and verify every operational assessment detail in the live institutional system.
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