Students
LAWS810 – Equity and Trusts
2015 – S1 Day
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Peter Radan
Contact via peter.radan@mq.edu.au
Room 527, W3A
Wednesdays 12 noon - 1 pm
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
LAWS809
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit concentrates on the nature and function of equity with particular emphasis on the law of trusts. The historical development of the equitable jurisdiction and its past and present relationship with the common law informs the examination of equitable assignments and dispositions, the action for breach of confidence and fiduciary relationships. The broad scope of influence of trust law (express, implied and constructive) on both commercial and close personal relationships as well as the connection between trust and other legal topics such as contract and debt is also studied. Students will consider the modern policy impact of decisions about the granting of charitable status to some trusts and consider whether this area is in need of reform.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
- Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
- Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
- Apply advanced research skills
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Assignment No 1 | 25% | 10 am, 25 March 2015 |
| Assignment No 2 | 25% | 10 am, 6 May 2015 |
| Final Examination (Take Home) | 50% | 5 pm, 10 June 2015 |
Assignment No 1
Due: 10 am, 25 March 2015
Weighting: 25%
Assignment No 1 in this unit is a research paper.
The question for Assignment No 1 will be available on iLearn by the end of the first week of semester.
Assignment No 1 must be a properly referenced formal response with appropriate analysis and argument supported by relevant legal authorities. Assignment No 1 must be typed and must be kept to a maximum 2,500 words (excluding footnotes and the bibliography).
In completing Assignment No 1, students must comply with the Australian Guide to Legal Citation, compiled by the Melbourne University Law Review. The Guide is available for download free at:
http://www.law.unimelb.edu.au/mulr/aglc.htm.
Further instructions in relation to Assignment No 1, including on how to submit it, will be posted on iLearn.
If, for justifiable reasons, a student is unable to submit the Assignment No 1 on time, he or she may submit an application for special consideration in accordance with eh University's Disruption to Studies Policy. If special consideration is granted the student will be given a different research question to be completed at a time determined by the unit convenor.
Any student who does not submit Assignment No 1 on time or at all, will receive: (i) a zero mark for the this assessment item; and (ii) a mark for the unit of no more than 49/100, irrespective of marks gained in any other assessment item.
On successful completion you will be able to:
- Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Assignment No 2
Due: 10 am, 6 May 2015
Weighting: 25%
Assignment No 2 in this unit will require students to answer a problem question or questions.
The problem question or questions for Assignment No 2 will be available on iLearn by the end of Week 4 of the semester.
Assignment No 2 must be a properly referenced formal response with appropriate analysis and argument supported by relevant authoritative cases and commentary. Assignment No 2 must be typed and must be kept to a maximum 2,500 words (excluding footnotes and the bibliography).
In completing Assignment No 2, students must comply with the Australian Guide to Legal Citation, compiled by the Melbourne University Law Review. The Guide is available for download free at:
http://www.law.unimelb.edu.au/mulr/aglc.htm.
Further instructions in relation to Assignment No 2, including on how to submit it, will be posted on iLearn.
If, for justifiable reasons, a student is unable to submit the Assignment No 2 on time, he or she may submit an application for special consideration in accordance with the University's Disruption to Studies Policy. If special consideration is granted the student will be given a different research question or questions to be completed at a time determined by the unit convenor.
Any student who does not submit Assignment No 2 on time or at all, will receive: (i) a zero mark for the this assessment item; and (ii) a mark for the unit of no more than 49/100, irrespective of marks gained in any other assessment item.
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
- Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
- Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
- Apply advanced research skills
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Final Examination (Take Home)
Due: 5 pm, 10 June 2015
Weighting: 50%
The final examination in this unit will be a take home examination.
The final examination will be based on material covered in the unit, ie all topics and materials covered in the unit.
The final examination will be in the form of a number of problem style questions. All questions will have to be answered.
Students will be able to access the final examination paper on iLearn from 1 pm on Wednesday, 10 June 2015 and must submit their answers to the final examination paper by 5 pm on Wednesday 10 June 2015.
A student's answers to the final examination paper's questions cannot exceed 2,500 words (exclusive of footnotes). This is an upper word limit and a student need not write 2,500 words if he or she can answer the questions in less than 2,500 words. A bibliography is not required.
If, for justifiable reasons, a student is unable to do the take home examination at the above time, he or she should submit an application for special consideration in accordance with eh University's Disruption to Studies Policy, which, if granted, will enable the student to complete an alternative assessment. The alternative assessment may be in the form of an oral examination to be conducted by the unit convenor.
Any student who does not complete the take home examination or alternative assessment as the case may be, on time or at all, will receive a zero mark for this assessment item.
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
- Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
- Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Delivery and Resources
DELIVERY OF THE UNIT
Weekly Lectures (Internal and Distance Students)
Weekly lectures in this unit will be pre-recorded and available to students on iLearn. Weekly lectures will commence in Week 1 and go through to Week 12. The schedule of topics to be covered in the lectures is available on iLearn.
Weekly Tutorials (Internal Students)
For internal students, weekly tutorials of 1.5 hours duration will commence in Week 1 and go through to week 13. Tutorials will consist of questions for discussion.
The questions to be discussed each week are available on iLearn.
For tutorial times and classrooms students should consult the MQ Timetable website.
On Campus Sessions (Distance Students)
For distance students, there are three days of on campus sessions. Distance students must attend the first two days of on campus sessions. Attendance at the third day on campus sessions is not compulsory, but is strongly recommended. On campus sessions will run from 9-am to 12 noon and 1 pm to 4 pm on each of the three days.
For the dates and venues for the on campus sessions students should consult the MQ Timetable website.
RESOURCES
The prescribed materials for this unit are:
1. P Radan & C Stewart, Principles of Australian Equity & Trusts, 2nd ed, LexisNexis, 2013
2. P Radan, C Stewart & I Vickovich, Principels of Australian Equity & Trusts, Cases & Materials, 2nd ed, LexisNexis, 2014
3. Up-dates to the textbook and other materials that are available on iLearn
Unit Schedule
TOPICS STUDIED IN THIS UNIT
The schedule of topics covered in this unit is available on iLearn.
The required readings for the above topics are set out in detail on iLearn.
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- Apply advanced research skills
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Assessment tasks
- Assignment No 1
- Final Examination (Take Home)
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
- Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
Assessment tasks
- Assignment No 1
- Final Examination (Take Home)
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
- Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
Assessment tasks
- Assignment No 1
- Assignment No 2
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Demonstrate a detailed and thorough knowledge of legal principles relating to equity and trusts
- Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
- Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
- Apply advanced research skills
Assessment tasks
- Assignment No 1
- Assignment No 2
- Final Examination (Take Home)
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
- Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
- Apply advanced research skills
Assessment tasks
- Assignment No 1
- Assignment No 2
- Final Examination (Take Home)
PG - Engaged and Responsible, Active and Ethical Citizens
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Learning outcome
- Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.
Assessment task
- Assignment No 2