Overview
LAWS12060 Trusts introduces students to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees are examined in detail, as is the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. This unit together with LAWS12056 Equity meets the LPAB requirements for equity.
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 - 2018
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 John Milburn
In term 1, 2017 for LAWS12060, UCROO was used as the primary online discussion platform for students. UCROO is an online discussion platform that is, on one view, more user-friendly and interactive than Moodle discussion forums. UCROO was well received by students, although it was a new learning experience for many students.
Consider the ongoing use of UCROO as a supplementary discussion forum to Moodle.
- Outline and explain the various types of trust and the manner and form of their creation and variation
- Analyse the duties, rights and powers of trustees
- Analyse the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries
- 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 | 5 | 6 | |
| 1 - Written Assessment - 40% | ||||||
| 2 - Examination - 60% | ||||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 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
3rd edition (2015)
Authors: Peter Radan and Cameron Stewart
LexisNexis
Australia
ISBN: 9780409340433
Binding: Other
Additional Textbook Information
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
a.mcewan@cqu.edu.au
Module/Topic
Introduction to the Concept of a Trust
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 20.
Events and Submissions/Topic
Tutorial 1 Tuesday 6th March 7pm AEDT
Note: daylight savings finishes the first Sunday in April
https://www.australia.gov.au/about-australia/facts-and-figures/time-zones-and-daylight-saving
Module/Topic
Types of Trust
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts, (LexisNexis, 3rd ed, 2016) Chapter 20; Chapter 35, [35.1]-[35.16]; Chapter 25, [25.1]-[25.20]
Events and Submissions/Topic
Tutorial 2 Tuesday 13th March 7pm AEDT
Module/Topic
Creation of Express Trusts
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 21
Events and Submissions/Topic
Tutorial 3 7pm Tuesday 20th March AEDT
Module/Topic
Constructive Trusts and Resulting Trusts
Chapter
Peter Radan and Curtis Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapters 25, 35, and 36
Events and Submissions/Topic
Tutorial 4 7pm Tuesday 27th March AEDT
Module/Topic
The Trustee (appointment, retirement and removal of trustees, and trustee rights)
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 26
Trusts Act 1973 (Qld)
Events and Submissions/Topic
Tutorial 5 7pm Tuesday 3rd April AEST
Note: Daylight savings finishes the first Sunday in April
https://www.australia.gov.au/about-australia/facts-and-figures/time-zones-and-daylight-saving
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Trustees: Duties and Powers
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 26
Trusts Act 1973 (Qld)
Events and Submissions/Topic
Tutorial 6 7pm Tuesday 17 April AEST
Module/Topic
Beneficiary Rights and Breach of Trust
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 27 and Chapter 37 [37.1]-[37.4]
Events and Submissions/Topic
Tutorial 7 7pm Tuesday 24th April AEST
Module/Topic
Liabilities of Parties for Breach of Trust: Proprietary Remedies
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapters 27 and 37.
Events and Submissions/Topic
Tutorial 8 7pm Tuesday 1 May AEST
Module/Topic
Legality of Trusts
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 22
Events and Submissions/Topic
Tutorial 9 7pm Tuesday 8th May AEST
Trusts assignment due Thursday, 10 May 2018 11:45 PM
See the CQU Assessment Policy and Procedure (HIGHER EDUCATION COURSEWORK) for details regarding extension requests and late penalties.
Written Assessment 40% Due: Week 9 Thursday (10 May 2018) 11:45 pm AEST
Module/Topic
Charitable Trusts and Commercial Trusts
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016), Chapters 20 and 23.
Events and Submissions/Topic
Tutorial 10 7pm Tuesday 15th May AEST
Module/Topic
Termination and Variation of Trusts
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016), Chapter 22.
Events and Submissions/Topic
Tutorial 11 7pm Tuesday 22nd May
Module/Topic
Revision
Chapter
Revision problem questions to be uploaded to Moodle
Events and Submissions/Topic
Revision tutorial 7pm Tuesday 29th May
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Dear Students,
Welcome to LAWS12060 Trusts
My contact details are as follows:
Email: a.mcewan@cqu.edu.au
CONSULTATION HOURS: I am generally available for consultation and to assist you with your queries on Mondays and Wednesdays from 9 am to 12 noon (Eastern Standard Time) on 03 9616 0620. I am located in Melbourne and am on campus Mondays and Wednesdays. If you are in Melbourne you are welcome to make an appointment to meet with me in person. I am available at other times subject to prior arrangement with me.
Best wishes,
Alex
1 Written Assessment
Assessment Paper: Due Week 9 – Thursday, 10 May 2018 11:45 PM
Maximum Word Limit: 2000 words
40 marks (40%)
Task Description
Students will be required to solve a Trusts Law problem question based on the material covered between Weeks 1 and 8 of LAWS12060. The answer must be presented in the form of an outline of argument.
Students will be required to refer to relevant case law and statute and to apply legal reasoning and critical thinking skills. Students must reference their work in accordance with the Australian Guide to Legal Citation (AGLC). Further details of the assignment will be uploaded to Moodle and discussed during tutorial 1.
Week 9 Thursday (10 May 2018) 11:45 pm AEST
Week 11 Monday (21 May 2018)
Marking will be completed according to a rubric. The rubric will be uploaded to Moodle and will also be attached to the assignment instructions.
- 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
- Cross Cultural Competence
- Ethical practice
Examination
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
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?
