Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Peter Radan
Contact via peter.radan@mq.edu.au
Room 527, W3A
Wednesday 1 pm - 2 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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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Detailed marking rubrics will be made available in iLearn.
Name | Weighting | Hurdle | Due |
---|---|---|---|
Assignment No 1 | 25% | No | 10 am, 4 September 2017 |
Assignment No 2 | 25% | No | 10 am, 13 October 2017 |
Final Examination (Take Home) | 50% | No | 3 pm, 15 November 2017 |
Due: 10 am, 4 September 2017
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 Week 1 of the 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 (including footnotes, but not the bibliography). The word limit will be strictly applied and work above the word limit will not be marked.
Assignment No 1 must be submitted electronically through Turnitin. Plagiarism software is used in this unit.
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 online.
Further instructions and information in relation to Assignment No 1, including rubrics, will be made available 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 the University's Disruption to Studies Policy. If special consideration is granted the student may be given a different research question to be completed at a time determined by the unit convenor.
Applications for special consideration pursuant to the Disruption to Studies Policy are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies Policy for complete details and a description of the supporting documentation required.
Any Assignment No 1 that is submitted after the due date will not be graded and will receive a zero mark.
This assessment task relates to the following learning outcomes:
Due: 10 am, 13 October 2017
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 (including footnotes). A bibliography is not required for this assignment. The word limit will be strictly applied and work above the word limit will not be marked.
Assignment No 2 must be submitted electronically through Turnitin. Plagiarism software is used in this unit.
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 online.
Further instructions in relation to Assignment No 2, including rubrics, 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 may be given a different research question or questions to be completed at a time determined by the unit convenor.
Applications for special consideration pursuant to the Disruption to Studies Policy are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies Policy for complete details of the policy and a description of the supporting documentation required.
Any Assignment No 2 that is submitted after the due date will not be graded and will receive a zero mark.
This assessment task relates to the following learning outcomes:
Due: 3 pm, 15 November 2017
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 10 am on Wednesday 15 November 2017 and must submit their answers to the final examination paper by 3 pm on Wednesday 15 November 2017.
A student's answers to the final examination paper's questions cannot exceed 2,500 words (inclusive 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. The word limit will be strictly applied and work above the word limit will not be marked.
The take home examination must be submitted electronically through Turnitin. Plagiarism detection software is used in this unit.
Further instructions and information in relation to the Take Home Examination, including rubrics, will be made available on iLearn.
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 the University's Disruption to Studies Policy, which, if granted, will enable the student to complete an alternative assessment. The alternative assessment may not be in the form of a take home examination - it may take some other form such as a formal sit down examination.
Any take home examination that is submitted after the stipulated time on the due date will not be graded and will receive a zero mark.
This assessment task relates to the following learning outcomes:
DELIVERY OF THE UNIT
To complete this unit students will need the use a computer and have access to the Internet.
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.
Weekly Tutorials (Internal Students)
For internal students, weekly tutorials of 1.5 hours duration will commence in Week 1 and go through to week 12. Attendance at tutorials is compulsory.
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. Attendance at the first two days of on campus sessions is compulsory. Students who are unable to attend must apply for special consideration pursuant to the University's Disruption to Studies policy. If the application is accepted, alternative work in lieu of attendance will be set.
Attendance at the third day of 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, 2rd ed, LexisNexis, 2016
2. P Radan, C Stewart & I Vickovich, Principels of Australian Equity & Trusts, Cases & Materials, 2rd ed, LexisNexis, 2016
3. Up-dates to the textbook and other materials that are available on iLearn
TOPICS STUDIED IN THIS UNIT
Week |
Topic(s) |
1 |
Introduction; History & Nature of Equity |
2 |
Law and Equity; Equitable Estates and Interests |
3 |
Dispositions in Equity I |
4 |
Dispositions in Equity II |
5 |
Fiduciary Obligations; Introduction to Trusts |
6 |
Express Trusts |
7 |
Variation & Termination of Trusts; Trustees |
8 |
Beneficiaries; Tracing |
9 |
Charitable Trusts |
10 |
Resulting Trusts |
11 |
Constructive Trusts |
12 |
Equitable Estoppel; Confidential Information |
13 |
Revision |
The required readings for the above topics are set out in detail on iLearn.
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_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
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.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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