Students
LAWS2500 – Equity and Trusts
2021 – Session 2, Infrequent attendance, North Ryde
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
Wednesday 11.30-1pm
tutor
Liza Rybak
tutor
Rod Smith
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
LAWS216 or LAWS2200
|
| Corequisites |
Corequisites
|
| Co-badged status |
Co-badged status
|
| Unit description |
Unit description
This unit builds on student's knowledge of Property Law focusing on equitable notions of property, with a particular emphasis on the law of trusts. The unit examines the historical development of equity and its relationship to common law, the assignment and other dispositions of property in equity, the obligation of confidence in equity with respect to information, and fiduciary obligations. This unit will provide students with a theoretical grounding in the relevant principles as well as equip them with the capacity to apply these principles in practice. |
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: Formulate and present oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations.
- ULO3: Analyse and resolve hypothetical problems, identifying legal and factual issues involving the law relating to equity and trusts.
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. 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.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Quizzes | 20% | No | Week 5 :17.00 27/08/2021: Week 11: 17.00 22/10/2021 |
| Annotated Bibliography | 30% | No | 17.00 10/09/2021 |
| Take Home Final Assessment | 50% | No | 18.00 15/11/2021 (opens 13.00) |
Quizzes
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: Week 5 :17.00 27/08/2021: Week 11: 17.00 22/10/2021
Weighting: 20%
Students will complete 2 quizzes during semester, one in first half of semester, one in second half.
On successful completion you will be able to:
- Critically analyse the legal doctrine and policy that underpins equity and trusts.
Annotated Bibliography
Assessment Type 1: Annotated bibliography
Indicative Time on Task 2: 20 hours
Due: 17.00 10/09/2021
Weighting: 30%
Students will be required to locate and record citations on a relevant topic area and offer a descriptive and evaluative paragraph on the annotation to inform on the relevance, accuracy and quality of the sources cited.
On successful completion you will be able to:
- Critically analyse the legal doctrine and policy that underpins equity and trusts.
- Formulate and present oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations.
- Analyse and resolve hypothetical problems, identifying legal and factual issues involving the law relating to equity and trusts.
Take Home Final Assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 18.00 15/11/2021 (opens 13.00)
Weighting: 50%
The final test may cover any or all topics and materials covered in the unit.The final assessment will be a time-limited task in the form of one problem question and one essay question.
On successful completion you will be able to:
- Critically analyse the legal doctrine and policy that underpins equity and trusts.
- Formulate and present oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations.
- Analyse and resolve hypothetical problems, identifying legal and factual issues involving the law relating to equity and trusts.
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 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.
Weekly Seminars (Internal Students)
See ilearn
On Campus Sessions (Distance Students)
See ilearn
RESOURCES
Prescribed Materials
P Radan & C Stewart, Principles of Australian Equity & Trusts, (LexisNexis, 4th ed, 2019)
P Radan, C Stewart & I Vickovich, Principles of Australian Equity & Trusts, Cases & Materials, LexisNexis, 4th ed, 2019)
Other Recommended Material
Barnett & Harder, Remedies in Australian Private Law (Cambridge University Press, 2nd ed, 2018)
Dal Pont, Equity and Trusts in Australia ( Lawbook Co, 7th ed, 2019).
Evans, Equity and Trusts (LexisNexis, 4th 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 (3 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.
Changes since First Published
| Date | Description |
|---|---|
| 16/07/2021 | Exam date moved from 12 November 1-6pm to 15 November 1-6pm |
Unit information based on version 2021.07 of the Handbook