Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor/lecturer/tutor
Teresa Somes
Contact via via ilearn site
6 First Walk, Level 5, Room 539
TBA
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Credit points |
Credit points
10
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Prerequisites |
Prerequisites
LAWS809 or LAWS8009
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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. |
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:
Marking Rubrics
Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Late Submission Penalty
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests
Special Consideration
In the absence of a successful application for special consideration, any assessment task submitted after seven (7) days will not be graded and will receive a mark of zero. Applications for special consideration are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Special Consideration policy for complete details of the policy and a description of the supporting documentation required.
Word Limits
Word limits will be strictly applied and work above the word limit will not be marked.
Assessment Submission
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Name | Weighting | Hurdle | Due |
---|---|---|---|
Legal Brief | 25% | No | 24 August 2020, 5pm |
Take Home Final Assessment | 50% | No | 13 November 2020, 5pm-9pm |
Research Essay | 25% | No | 5 October 2020, 5pm |
Assessment Type 1: Professional writing
Indicative Time on Task 2: 25 hours
Due: 24 August 2020, 5pm
Weighting: 25%
Students will address a problem question(s) related to issues covered in the first half of semester
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 8 hours
Due: 13 November 2020, 5pm-9pm
Weighting: 50%
This timed assessment will cover the entirety of the units content.
Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 5 October 2020, 5pm
Weighting: 25%
Students will be required to answer a research question and engage in critical thinking about the theoretical underpinnings of the unit.
1 If you need help with your assignment, please contact:
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
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.
Tutorials
Refer to ilearn
RESOURCES
The prescribed materials for this unit are:
1. P Radan & C Stewart, Principles of Australian Equity & Trusts, 4th ed, LexisNexis, 2019
2. P Radan, C Stewart & I Vickovich, Principels of Australian Equity & Trusts, Cases & Materials, 4th ed, LexisNexis, 2019
Recommended Texts:
1. Dal Pont, Equity and Trusts in Australia (Lawbook Co, 7th ed. 2019)
2. Heydon & Leeming, Jacobs Law of Trusts (LexisNexis, 8th ed. 2016)
Week (commencing) |
Topic(s) |
1 (27 July) |
History, Equitable Estates and Interests |
2 (3 Aug) |
Dispositions in Equity I |
3 ( 10 Aug) |
Dispositions in Equity II |
4 (17 Aug) |
Fiduciary Obligations: Participants in Breach of Fiduciary Obligations |
5 (24 Aug) |
Confidential Information |
6 (31 Aug) |
Introduction to Trusts |
7 (7 Sept) |
Express Trusts |
|
MID-SESSION BREAK |
8 (28 Sept) |
Duties, Powers Rights of Trustees; Breach of Trust |
9 (5 Oct) |
Beneficiaries; Tracing |
10 (12 Oct) |
Charitable Trusts |
11 (19 Oct) |
Resulting Trusts |
12 (26 Oct) |
Constructive Trusts |
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@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.