University of Technology Sydney

78220 Commercial Equity

Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law) OR (70108c Public International Law AND 70417c Corporate Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78221 Commercial Equity


This subject considers the interplay between legal issues that commonly arise during complex commercial disputes, with a focus on three key themes: the notion that equity is storming the citadels of commerce; the use of the trust as an alternative to the corporate form to hide income and assets; and equitable remedies in the wake of failed commercial arrangements.

The subject examines the role that equitable doctrines, particularly fiduciary obligations, play in common commercial situations. The reach of equitable doctrines and their relationship with contractual, tortious and statutory duties are considered within a series of commercial scenarios involving company executives, professional agents, and advisers in commercial trusts, joint ventures and partnerships. The subject discusses the role of equity in a practical and realistic commercial context.

In this subject, students learn in seminar sessions, collaborating with other students in discussion and problem-solving activities, and preparing and presenting lightning talks. Students research and write an essay on a choice of topics in commercial equity, view online webinars, read materials posted to Canvas, and contribute to an end of session quiz.

Detailed subject description.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.