Overview
This unit introduces students to Trusts. Students will examine the concept of a trust, the role of the trustee and the beneficiary. This examination will enable students to determine whether, given a fact situation a trust exists so as to then consider what equitable rights and interests apply. Furthermore, the unit will also focus on equitable assignments, fiduciary duties, confidential information, unconscionable transactions, estoppel, penalties, subrogation and contribution with a view to investigating whether a trust exists.
Details
Pre-requisites or Co-requisites
Co-requisite: LAWS12056
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2017
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student Evaluation
Engaging students through various strategies.
Students will be informed in advance what they need to prepare for tutorials. They will be encouraged to post their views and answers to tutorial questions on the discussion forum. The assessment regime will consist of two pieces of assessment to enable students to monitor their progress on the first feedback.
Students responded well to my encouragement to post their answers to tutorial questions on the Moodle discussion forum. However, most of the discussions occurred in UCROO in a more interactive manner.
Feedback from Student Evaluation
Quality of Blackboard sessions.
Use of Zoom will improve quality of online sessions with the provision of better audio, video and screen sharing qualities. The use of Zoom as the primary platform for audio-visual communications together with fresh lectures using ECHO360 will improve the learning experience.
Zoom is an excellent online platform and I am very happy with the audio, video and screen sharing qualities. I did not contribute any fresh 'to camera' lecture sessions.
Feedback from Student Evaluation
Weighting of 70% for final examination.
Final examination now carries a weighting of 60%. A new assessment regime consisting of two items of written assessment and a take-home examination worth 40% will be introduced.
Done
Feedback from Student Evaluation
Teaching quality.
Greater use of problem questions will enhance students’ assimilation and engagement. Practical examples in addition to diagrams and flowcharts will foster students’ engagement and assist their assimilation of the law.
Many problems were discussed in length through the UCROO platform. Students engaged positively and proactively by asking many questions, and often answering questions for each other. I found the flow charts and diagrams previously used in the unit to be of great value for the students
- Outline and explain the concept of a trust, the nature and extent of a beneficiary’s rights and obligations and the scope of a trustee’s rights and obligations.
- Identify and construct solutions to ethical issues associated with trusts.
- Research legal principles from statute and case law, and apply those principles to the analysis of trust problems, including indigenous issues.
- Demonstrate advanced skills in critical legal thinking, reasoning and reflection.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 40% | ||||
| 2 - Examination - 60% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 40% | ||||||||||
| 2 - Examination - 60% | ||||||||||
Textbooks
Principles of Australian Equity and Trusts
Edition: Third (2016)
Authors: Peter Radan & Cameron Stewart
LexsNexis Butterwoths
Chatswood Chatswood , NSW , Australia
ISBN: 978-0-409-34043-3
Binding: Paperback
Additional Textbook Information
Students may have purchased this text in the previous course LAWS12056.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- UCROO
- Zoom - Zoom is a cloud based video conference system, so you will need a microphone and camera
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
j.a.milburn@cqu.edu.au
Module/Topic
Introduction to the Concept of a Trust
Chapter
20
Events and Submissions/Topic
Module/Topic
Types of Trust
Chapter
20
Events and Submissions/Topic
Module/Topic
Creation of Express Trusts
Chapter
21
Events and Submissions/Topic
Module/Topic
Constructive and Resulting Trusts
Chapter
35, 36, 25
Events and Submissions/Topic
Module/Topic
The Trustee
Chapter
20
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Duties, Powers and Rights of Trustees
Chapter
26
Events and Submissions/Topic
Module/Topic
Objects of a Trust
Chapter
21
Events and Submissions/Topic
Module/Topic
Liabilities of Parties for Breach of Trust
Chapter
27
Events and Submissions/Topic
Module/Topic
Legality of Trusts
Chapter
22
Events and Submissions/Topic
Assignment 1
Written Assessment Due: Week 9 Thursday (11 May 2017) 11:45 pm AEST
Module/Topic
Trusts for Commercial Purposes
Chapter
20
Events and Submissions/Topic
Module/Topic
Termination and Variation of Trusts
Chapter
22
Events and Submissions/Topic
Module/Topic
Revision
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Fundamental Information
The assignment will require you to use the knowledge acquired in this course to analyse a factual scenario. Your analysis will assist you to arrive at a conclusion that answers the questions raised by it. You should make use of recent journal articles and case reports in your analysis of the issues being raised.
There is a 2000-word limit. Material included in footnote referencing is excluded from the word count. Unless included in a footnote, direct quotes are included in the word count. I allow some flexibility on the word count. If you need to go beyond 2000 words (bearing in mind I will scrutinise whether I believe this was necessary), then you may do so, but do not go beyond 2200 words. You can provide a response that is less than the word limit, however experience would suggest to me that you submit at least 1500 words. If not, add something of value to your work to reach my suggested minimum word count.
You should present a document that is professionally presented, with an appropriate layout and the use of heading/sub-headings. You must footnote reference your external material and you should include a list of references or bibliography at the end of your assignment.
Please upload a single file in either a Word format (.doc or .docx) or in basic text format, so that I can open the file in Word.
Week 9 Thursday (11 May 2017) 11:45 pm AEST
I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 20 May 2017.
Monday (22 May 2017)
Student satisfaction surveys in the past indicate student concerns when a course coordinator does not provide feedback in a timely manner and does not return assignments quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is I provide feedback and marks 10 days after the due date).
I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly and logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.
Fail
You will have shown evidence of the following:
- the written expression is poor and difficult to understand
- the answer is poorly organised
- referencing is generally inadequate
- lack of familiarity with the legislation and its application
- failure to identify and address the issues in the question
- reasoning and application demonstrated is poor
Pass
You will have:
- made a conscientious attempt to address the topic and/or answer the question
- shown evidence of having done the required reading and of having understood the reading
- presented a reasonable argument to back up your conclusions
- demonstrated a reasonable level of spelling and grammatical usage
- used referencing but this may need improvement
- issues that may need to be identified and addressed in more depth
Credit
You will have:
- addressed the topic and/or answered the question directly
- presented soundly based arguments and backed these up with reasons
- gone beyond description to analysis of key issues
- used the English language well
- shown evidence of reading widely
- demonstrated understanding of the reading
- used referencing that is satisfactory
Distinction
You will have:
- met the above criteria for a credit
- demonstrated the attainment of a high degree of understanding of the concepts of the course
- demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
- used referencing correctly
- made reference to all appropriate legislation
High Distinction
You will have:
- met the above criteria for a distinction
- demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
- demonstrated an interesting and/or original approach/idea/argument
- demonstrated mastery of the relevant referencing system
- ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- ensured your references are made to the appropriate legislation for particular issues
- Outline and explain the concept of a trust, the nature and extent of a beneficiary’s rights and obligations and the scope of a trustee’s rights and obligations.
- Identify and construct solutions to ethical issues associated with trusts.
- Research legal principles from statute and case law, and apply those principles to the analysis of trust problems, including indigenous issues.
- Demonstrate advanced skills in critical legal thinking, reasoning and reflection.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Ethical practice
Examination
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
