Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor, Lecturer and tutor
Cathy Sherry
Contact via ILearn
Michael Nancarrow
Contact via ILearn
Tutor
Liza Rybak
Contact via ILearn
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Credit points |
Credit points
10
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Prerequisites |
Prerequisites
LAWS809 or LAWS8009
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Corequisites |
Corequisites
|
Co-badged status |
Co-badged status
Internal and online units
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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:
LATE ASSESSMENT SUBMISSION PENALTY
Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.
This late penalty will apply to non-timed sensitive assessment (the Assignment). Late submission of time sensitive tasks (the Quizzes, Tutorial Participation and the Final Exam/Take Home Test) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic.
SUBMITTING ASSESSMENTS
Apart from Participation, all assessments are submitted electronically through iLearn. Turnitin plagiarism detection software is used to check all written assessments. Students should carefully check that they submit the correct file for an assessment as no resubmissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.
Fit to Sit Model
Macquarie University operates under a ‘Fit to Sit’ model. This means that in sitting an exam and/or in-class test or otherwise submitting an assessment (including an online quiz), a student declares themselves fit to do so. Therefore, if a student is feeling unfit to sit the exam or test, or otherwise submit the assessment (as the case may be), they should not do so.
If a student sits an exam or test, or otherwise submits an assessment, knowing that they are unfit to do so, they will not be granted Special Consideration. It is the responsibility of the student to determine whether they are fit to sit an examination or test or otherwise submit an assessment, or whether a Special Consideration application should be submitted.
A student’s sitting an examination or test or otherwise submitting an assessment will not preclude the student from being granted Special Consideration if the student can demonstrate that:
• they were unfit to make reasonable judgement on their fitness to undertake the assessment, due to mental illness or other exceptional circumstances;
• they were taken ill during the assessment (in the case of an examination or test); or
• other exceptional circumstances beyond their control vitiated the Fit to Sit declaration.
Name | Weighting | Hurdle | Due |
---|---|---|---|
Online Quiz | 20% | No | Week 5 23.8.22 11.55pm; Week 11 18.10.22 11.55pm |
Legal Brief | 30% | No | Week 7 6.9.22 11.55pm |
Take Home Final Assessment | 50% | No | Exam period 10.11.22 1-6pm |
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 11 hours
Due: Week 5 23.8.22 11.55pm; Week 11 18.10.22 11.55pm
Weighting: 20%
A number of online quizzes
Assessment Type 1: Professional writing
Indicative Time on Task 2: 11 hours
Due: Week 7 6.9.22 11.55pm
Weighting: 30%
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: Exam period 10.11.22 1-6pm
Weighting: 50%
This timed assessment will cover the entirety of the unit's content.
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
To complete this unit students will need the use a computer and have access to the Internet.
Weekly Lectures
Weekly lectures in this unit will be 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
Prescribed Materials
P Radan & C Stewart, Principles of Australian Equity & Trusts, (LexisNexis, 5th ed, 2021)
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)
Week (commencing) |
Topic(s) |
1 |
History, Equitable Estates and Interests |
2 |
Dispositions in Equity I |
3 |
Dispositions in Equity II |
4 |
Fiduciary Obligations: Participants in Breach of Fiduciary Obligations |
5 |
Confidential Information |
6 |
Introduction to Trusts |
7 |
Express Trusts |
|
MID_SESSION BREAK |
8 |
Duties, Powers Rights of Trustees; Breach of Trust |
9 |
Beneficiaries; Tracing |
10 |
Charitable Trusts |
11 |
Resulting Trusts |
12 |
Constructive Trusts |
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:
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.
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 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
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
The Library provides online and face to face support to help you find and use relevant information resources.
Macquarie University offers a range of Student Support Services including:
Got a question? Ask us via AskMQ, or contact Service Connect.
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.
Date | Description |
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27/07/2022 | The JD assessment dates have been changed so that they are the same day as the UGs. |
Unit information based on version 2022.03 of the Handbook