Students
LAWS8010 – Equity and Trusts
2021 – Session 2, Special circumstances, Other
Session 2 Learning and Teaching Update
The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.
This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.
Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.
Visit the MQ COVID-19 information page for more detail.
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor, Lecturer, Tutor
Teresa Somes
Contact via via ilearn site
Level 5, Room 539, 6 First Walk
Thursday 2-3
Cathy Sherry
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
LAWS809 or LAWS8009
|
| Corequisites |
Corequisites
|
| Co-badged status |
Co-badged status
|
| 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. |
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:
- ULO1: Critically analyse the legal doctrine and policy that underpins equity and trusts.
- ULO2: Analyse complex factual situations involving equity and trusts law and apply relevant legal principles to solving legal problems
- ULO3: Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
General Assessment Information
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 – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.
Special Consideration
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.
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.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Legal Brief | 25% | No | 17.00 23/08/2021 |
| Research Essay | 25% | No | 17.00 24/09/2021 |
| Take Home Final Assessment | 50% | No | 18.00 - 21.00 12/11/2021 |
Legal Brief
Assessment Type 1: Professional writing
Indicative Time on Task 2: 25 hours
Due: 17.00 23/08/2021
Weighting: 25%
Students will address a problem question(s) related to issues covered in the first half of semester
On successful completion you will be able to:
- Critically analyse the legal doctrine and policy that underpins 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.
Research Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 17.00 24/09/2021
Weighting: 25%
Students will be required to answer a research question and engage in critical thinking about the theoretical underpinnings of the unit.
On successful completion you will be able to:
- Critically analyse the legal doctrine and policy that underpins equity and trusts.
- Formulate, present and evaluate oral and written arguments on complex equity and trusts problems and principles, drawing upon relevant legal authority and policy considerations.
Take Home Final Assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 8 hours
Due: 18.00 - 21.00 12/11/2021
Weighting: 50%
This timed assessment will cover the entirety of the units content.
On successful completion you will be able to:
- Critically analyse the legal doctrine and policy that underpins 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.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
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 and Resources
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)
Unit Schedule
|
Week (commencing) |
Topic(s) |
|
1 (26 July) |
History, Equitable Estates and Interests |
|
2 (2 Aug) |
Dispositions in Equity I |
|
3 ( 9 Aug) |
Dispositions in Equity II |
|
4 (16 Aug) |
Fiduciary Obligations: Participants in Breach of Fiduciary Obligations |
|
5 (23 Aug) |
Confidential Information |
|
6 (30 Aug) |
Introduction to Trusts |
|
7 (6 Sept) |
Express Trusts |
|
|
MID-SESSION BREAK |
|
8 (27 Sept) |
Duties, Powers Rights of Trustees; Breach of Trust |
|
9 (4 Oct) |
Beneficiaries; Tracing |
|
10 (11 Oct) |
Charitable Trusts |
|
11 (18 Oct) |
Resulting Trusts |
|
12 (25 Oct) |
Constructive Trusts |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results
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
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 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.
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
If you are a Global MBA student contact globalmba.support@mq.edu.au
IT Help
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.
Unit information based on version 2021.01R of the Handbook