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Rights arising out of defacto cohabitation (6 points)


Leader: Professor Marcia Neave

Not offered in 2003.

Synopsis: The subject examines how the law of trusts, contract and gifts apply to de facto cohabitants. Equitable doctrines such as estoppel will also be considered. Statutory regimes in Victoria, New South Wales, Northern Territory and ACT will be analysed. Incidents of property ownership including co-ownership, severance, the law of caveats and the law of charges will be examined and testamentary aspects including contracts to leave property by will and the law of testator's family maintenance. Legislation including social security entitlements and standing to receive superannuation benefits and to make claims under fatal accidents legislation may also be covered.

Assessment: Research assignment (3000 words): 40% + Supervised examination (1.5 hours): 50% + Class participation: 10%

Contact Hours: One 2-hour seminar per week

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