CQUniversity Unit Profile

LAWS12060 - Trusts

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All details in this unit profile for LAWS12060 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

General Information

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

Career Level: Undergraduate

Unit Level: Level 2

Credit Points: 6

Student Contribution Band: 10

Fraction of Full-Time Student Load: 0.125

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 - 2019

Online

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).

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Please visit Moodle for more information.

Class and Assessment Overview

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

Regional Campuses

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville

Metropolitan Campuses

Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment

Weighting: 40%

2. Examination

Weighting: 60%

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.

CQUniversity Policies

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.

Previous Student Feedback

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 'Have Your Say' survey

Feedback

Students expressed a preference for the unit Study Guides to be uploaded at the beginning of term.

Recommendation

Study Guides to be uploaded at the beginning of Term.

Unit Learning Outcomes

On successful completion of this unit, you will be able to:

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 Learning Outcomes, Assessment and Graduate Attributes

N/A Level

Introductory Level

Intermediate Level

Graduate Level

Professional Level

Advanced Level

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 - First Nations Knowledges
11 - 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	11
1 - Written Assessment - 40%
2 - Examination - 60%

Textbooks and Resources

Textbooks

Prescribed

Principles of Australian Equity and Trusts

Edition: 4th (2018)
Authors: Peter Radan and Cameron Stewart
LexisNexis Butterworths
Binding: Paperback

View textbooks at the CQUniversity Bookshop

IT Resources

You will need access to the following IT resources:

CQUniversity Student Email
Internet
Unit Website (Moodle)
laptop or hard drive computer

Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Chapter 26

Events and Submissions/Topic

Zoom session 6pm (Qld time) Tuesday 9th April 2019

Vacation Week

Begin Date: 15 Apr 2019

Module/Topic

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week

Begin Date: 17 Jun 2019

Module/Topic

Chapter

Events and Submissions/Topic

Term Specific Information

CONSULTATION HOURS: I am generally available for consultation on Tuesdays and Thursdays from 10 am to 12 noon (Eastern Standard Time).

You are welcome to contact me on my landline number and leave a message. If I do not answer your call within 24 hours, please send me an email.

The best way to contact me is by email. I check my emails regularly and will get back to you to make a time to talk.

I am located in Melbourne. If you are in Melbourne you are welcome to contact me to arrange a time to meet me in person. I am also available at other times (by phone or in person) subject to prior arrangement with me.

I welcome your feedback and suggestions: a.mcewan@cqu.edu.au

Dr Alexandra McEwan, Unit Coordinator, LAWS12060 Trusts

Assessment Tasks

1 Written Assessment

Assessment Title

Written Assessment

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. Students will be required to refer to relevant case law and statute, apply legal reasoning and critical thinking skills, and undertake research. Students must reference their work in accordance with the Australian Guide to Legal Citation (AGLC 4th edition). Further details of the assignment will be uploaded to Moodle and discussed during tutorial 1.

Assessment Due Date

Week 9 Thursday (16 May 2019) 5:00 pm AEST

Return Date to Students

Week 11 Monday (27 May 2019)

Weighting

40%

Assessment Criteria

Marking will be completed according to a rubric. The rubric will be uploaded to Moodle and will also be attached to the assignment instructions.

Referencing Style

Australian Guide to Legal Citation, 4th ed

Submission

Online

Submission Instructions

Submit via Moodle as a Word document. I will only accept online submission of your work.

Learning Outcomes Assessed

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.

Graduate Attributes

Communication
Problem Solving
Critical Thinking
Information Literacy
Cross Cultural Competence
Ethical practice

Examination

Outline

Complete an invigilated examination

Date

During the examination period at a CQUniversity examination centre

Weighting

60%

Length

120 minutes

Exam Conditions

Open Book

Materials

Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.

Academic Integrity Statement

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.