Students

LAW 317 – Equity and Trusts

2012 – Session 3 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Peter Radan
peter.radan@mq.edu.au
Contact via peter.radan@mq.edu.au
Room 527, W3A
Wednesdays 11 am - 12 noon
Credit points Credit points
3
Prerequisites Prerequisites
6cp in LAW units at 100 level and 6cp in LAW units at 200 level(P)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit continues on from LAW316 Property in Law and Equity I and focuses on equitable notions of property, in particular the institution of the trust. This unit is grounded in an enquiry into the historical and theoretical dimensions of property.

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:

  • Demonstrate a thorough understanding of legal principles relating to equity and trusts
  • Demonstrate an enquiring, critical, analytical and thoughtful approach to equitable property interests and their place in the overall scheme of property interests
  • Formulate, present and evaluate oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law relating to equity and trusts, and apply relevant principles to solve legal problems
  • Demonstrate sophisticated research, writing and referencing skills appropriate to students undertaking a 300 level unit
  • Take responsibility for one’s own learning; manage one’s time productively; demonstrate a capacity to plan a task and work effectively to achieve it

Assessment Tasks

Name Weighting Due
Quiz 10% 21 December 2012
Assignment 30% 9-30 am 14 January 2013
Examination (Take Home) 60% 5 pm, 30 January 2013

Quiz

Due: 21 December 2012
Weighting: 10%

This assessment task’s purpose is to engage students with their unit early in the session and to provide an opportunity for relatively early feedback. The quiz will consist of twenty (20) multiple choice questions.

The quiz questions will be drawn from the topics covered in the first four days of classes. To answer the quiz questions, students will be expected to have attended the said classes and have read the required readings for the topics covered in the those classes.

All students must complete the quiz online.

Students will be able to complete the quiz between 3-00 pm and 5-00 pm on Friday, 21 December 2012. Students will be allowed 25 minutes to complete the quiz.

Any student who does not undertake the quiz on time or at all, will receive a zero mark for the this assessment item as well as a zero mark for the unit, irrespective of marks gained in any other assessment item.
On successful completion you will be able to:
  • Demonstrate a thorough understanding of legal principles relating to equity and trusts
  • Take responsibility for one’s own learning; manage one’s time productively; demonstrate a capacity to plan a task and work effectively to achieve it

Assignment

Due: 9-30 am 14 January 2013
Weighting: 30%

The Assignment in this unit will be a research paper. The question will be available on iLearn prior to the commencement of classes on 17 December 2013. The research paper must be a properly referenced formal response with appropriate analysis and argument supported by relevant authoritative cases and commentary. The research paper must be typed on A4 paper and must be kept to a maximum 1,500 words (excluding footnotes and bibliography). The actual word length must be stated on the Assignment’s coversheet. In completing their research paper, students must comply with the Australian Guide to Legal Citation (3rd ed). The Guide can be accessed at:  

http://mulr.law.unimelb.edu.au/go/AGLC3 

Details on how to submit the assignment will be posted on iLearn.

Any student who does not submit the assignment on time or at all, will receive a zero mark for the this assessment item as well as zero mark for the unit, irrespective of marks gained in any other assessment item. 
On successful completion you will be able to:
  • Demonstrate a thorough understanding of legal principles relating to equity and trusts
  • Formulate, present and evaluate oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations
  • Demonstrate sophisticated research, writing and referencing skills appropriate to students undertaking a 300 level unit

Examination (Take Home)

Due: 5 pm, 30 January 2013
Weighting: 60%

The end of session examination in this unit will be a take home examination. It will be based on material covered in the unit, ie all topics and materials covered in the unit.

The 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 examination paper on iLearn from 9 am on Wednesday 30 January 2013 and must submit their answers to the examination paper by 5 pm on 30 January 2013.

A student's examination answers 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 examination answers must be a properly referenced with appropriate analysis and argument supported by relevant authority. The examination answers must be typed on A4 paper. In completing their examination answers, students must comply with the Australian Guide to Legal Citation (3rd ed). The Guide can be accessed at: 

http://mulr.law.unimelb.edu.au/go/AGLC3

Details on how to submit the final examination will be posted on iLearn.

Any student who does not submit answers to the examination questions on time or at all, will receive a zero mark for the this assessment item as well as a zero mark for the unit, irrespective of marks gained in any other assessment item.
On successful completion you will be able to:
  • Demonstrate a thorough understanding of legal principles relating to equity and trusts
  • Demonstrate an enquiring, critical, analytical and thoughtful approach to equitable property interests and their place in the overall scheme of property interests
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law relating to equity and trusts, and apply relevant principles to solve legal problems
  • Take responsibility for one’s own learning; manage one’s time productively; demonstrate a capacity to plan a task and work effectively to achieve it

Delivery and Resources

 

Required and Recommended Texts and/or Materials

 

Prescribed Materials

 

  • P Radan & C Stewart, Principles of Australian Equity & Trusts, 2nd ed, LexisNexis, Sydney, 2013 (available in early December 2012)

 

  • P Radan, C Stewart & I Vickovich, Principles of Australian Equity & Trusts, Cases & Materials, LexisNexis, Sydney, 2010

 

  • Notes and other additional materials available on iLearn.

 

Reference Materials

 

·         G E Dal Pont, Equity & Trusts in Australia, 5th ed, Thomson Lawbook Co, 2011

·         G E Dal Pont, Equity & Trusts, Commentary & Materials, 5th ed, Thomson Lawbook Co, 2011

·         M Evans, Equity & Trusts, 3rd ed, LexisNexis, 2012

·         J D Heydon & M J Leeming, Jacobs’ Law of Trusts, 7th ed, LexisNexis, 2006

·         J D Heydon & M J Leeming, Cases and Materials on Equity & Trusts, 8th ed, LexisNexis, 2011

·         R P Meagher, W M C Gummow, & J R F Lehane, Equity - Doctrines and Remedies, 4th ed, LexisNexis, 2002

·         D S K Ong, Trusts Law in Australia, 4th ed, Federation Press, 2012

·         D S K Ong, Ong on Equity, Federation Press, 2011

·         P W Young, C Croft & M L Smith, On Equity, Thomson Lawbook Co, 2009

 

 

Delivery of Program

The classes will be predominantly lectures, with tutorial style problem solving sessions at the end of each of the two weeks of classes.

Lectures will not be recorded in iLecture.

Questions for discussion for the problem solving sessions will be made available on iLearn.

 

Unit Schedule

TOPICS STUDIED IN THIS UNIT

All students must to attend the 10 classes sceduled for this unit. A roll will be taken each day. 

The schedule of classes is as follows: 

CLASS

  

TIME

Discussion, Problems and Exercises

1

 

Mon

17 Dec

 

10 am- 1 pm

 History of Equity; Nature of Equity, Relationship of Law & Equity

2

Tue

18 Dec

 

10 am- 1 pm

Equitable Estates & Interests; Law of Assignment; Dispositions of Equitable Interests

3

Wed

19 Dec

 

10 am- 1 pm

Confidential Information; Fiduciary Obligations; Equitable Estoppel

4

Thurs

20 Dec

10 am- 1 pm

Equitable Estoppel; Problem Solving

5

 

Fri

21 Dec

10 am- 1 pm

Problem Solving

6

Mon

14 Jan

10 am- 1 pm

Introduction to Trusts; Express Trusts

7

Tue 8 15 Jan

10 am-1 pm

Charitable Trusts; Resulting Trusts

8

Wed

16 Jan

10 am- 1 pm

Constructive Trusts; Trustees

9

Thurs 17 Jan

10 am- 1 pm

Beneficiaries; Problem Solving

10

Fri

18 Jan

10 am- 1 pm

Problem Solving

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Policies and Procedures

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://www.mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy  http://www.mq.edu.au/policy/docs/assessment/policy.html

Grade Appeal Policy http://www.mq.edu.au/policy/docs/gradeappeal/policy.html

Special Consideration Policy http://www.mq.edu.au/policy/docs/special_consideration/policy.html

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

 

Extensions and Special Consideration

 

Extensions

Any student seeking an extension of time to submit the assignment must submit an application for Special Consideration in accordance with the policy and procedure set out below. Extensions of greater than seven (7) days will not usually be granted.

No extensions of time will be granted in relation to the quiz or take home examination.

If, for justifiable reasons, a student is unable to do the quiz or take home examination he or she should submit an application for Special Consideration, which, if granted, will enable the student to complete a different quiz or examination. In the case of a different examination, it will be in the form of a sit-down three (3) hour examination at a date and time determined by the Unit Convenor. For this examination a student will be permitted to bring into the examination room personal notes (whether typed or handwritten) up to a maximum of FOUR A4 sides of paper (ie four single-sided sheets or two double-sided sheets). No other written material, magnifying glasses, or goods of any other kind whatsoever will be permitted to be taken into the examination room.

 

Special Consideration: Policy & Procedure

In various situations students may be entitled to Special Consideration in relation to undertaking and completing some part of the unit or one of its assessment tasks. For example, a significant illness may have impacted on a student’s capacity to undertake preparation and completion of an assessable piece of written work, in which case special consideration may be granted when assessing and determining the mark to be awarded for it.

Students who wish to make a request for special consideration must do so in conformity with the University’s relevant policy and procedure.

The University’s Special Consideration Policy is available at:

http://www.mq.edu.au/policy/docs/special_consideration/policy.html

The University’s Procedure for Special Consideration is available at:

http://www.mq.edu.au/policy/docs/special_consideration/procedure.html

Students applying for Special Consideration must submit an on-line application with the Faculty of Arts. The on-line Special Consideration application is found at:

http://www.arts.mq.edu.au/current_students/undergraduate/admin_central/special_consideration.

Note: The procedural and other requirements relating to requests for Special Consideration will, in all aspects, be strictly enforced.

 

Student Support

Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at: http://students.mq.edu.au/support/.

UniWISE provides:

  • Online learning resources and academic skills workshops http://www.mq.edu.au/learning_skills/
  • Personal assistance with your learning & study related questions.
  • The Learning Help Desk is located in the Library foyer (level 2).
  • Online and on-campus orientation events run by Mentors@Macquarie.

Student Services and Support

Students with a disability are encouraged to contact the Disability Support Unit who can provide appropriate help with any issues that arise during their studies.

Students with a disability who wish to seek Special Consideration in relation to any assessment item must lodge an application for Special Consideration. Information on Special Consideration applications is detailed above.

Student Enquiries

Details of these services can be accessed at http://www.student.mq.edu.au/ses/.

IT Help

If you wish to receive IT help, we would be glad to assist you at http://informatics.mq.edu.au/help/. 

When using the university's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students and it outlines what can be done.

Graduate Capabilities

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcomes

  • Formulate, present and evaluate oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations
  • Take responsibility for one’s own learning; manage one’s time productively; demonstrate a capacity to plan a task and work effectively to achieve it

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a thorough understanding of legal principles relating to equity and trusts
  • Demonstrate an enquiring, critical, analytical and thoughtful approach to equitable property interests and their place in the overall scheme of property interests
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law relating to equity and trusts, and apply relevant principles to solve legal problems

Assessment tasks

  • Quiz
  • Assignment
  • Examination (Take Home)

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate an enquiring, critical, analytical and thoughtful approach to equitable property interests and their place in the overall scheme of property interests
  • Formulate, present and evaluate oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law relating to equity and trusts, and apply relevant principles to solve legal problems
  • Demonstrate sophisticated research, writing and referencing skills appropriate to students undertaking a 300 level unit

Assessment tasks

  • Assignment
  • Examination (Take Home)

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate an enquiring, critical, analytical and thoughtful approach to equitable property interests and their place in the overall scheme of property interests
  • Formulate, present and evaluate oral and written arguments about equity and trusts, drawing upon relevant precedent and policy considerations
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law relating to equity and trusts, and apply relevant principles to solve legal problems
  • Take responsibility for one’s own learning; manage one’s time productively; demonstrate a capacity to plan a task and work effectively to achieve it

Assessment tasks

  • Assignment
  • Examination (Take Home)

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcome

  • Demonstrate sophisticated research, writing and referencing skills appropriate to students undertaking a 300 level unit

Assessment task

  • Assignment