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 - 2019
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 'Have Your Say' survey
Students expressed a preference for the unit Study Guides to be uploaded at the beginning of term.
Study Guides to be uploaded at the beginning of Term.
- 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
Edition: 4th (2018)
Authors: Peter Radan and Cameron Stewart
LexisNexis Butterworths
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- laptop or hard drive computer
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.mcewan@cqu.edu.au
Module/Topic
Introduction to the Concept of a Trust
Chapter
Chapter One [1.18]-[1.33]; Chapter 20
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 12th March 2019
Module/Topic
Types of Trust
Chapter
Chapter 35: [35.1]-[35.21]; Chapter 25: [25.1]-[25.13]
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 19th March 2019
Module/Topic
Creation of Express Trusts
Chapter
Chapter 21
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 26th March 2019
Module/Topic
Constructive and Resulting Trusts
Chapter
Chapters 25, 35, and 36
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 2nd April 2019
Module/Topic
The Trustee
Chapter
Chapter 26
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 9th April 2019
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Duties of the Trustee
Chapter
Chapter 26
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 23rd April 2019
Module/Topic
Beneficiaries’ Rights and Breach of Trust
Chapter
Chapter 27; Excerpts from Chapter 37
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 30th April 2019
Module/Topic
Liabilities of Parties for Breach of Trust: Proprietary Remedies
Chapter
Chapters 27 and 37
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 7th May 2019
Module/Topic
Legality of Trusts
Chapter
Excerpts from Chapter 22
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 14th May 2019
Assessment Paper: Due Week 9 – Thursday, 16th May 2019 5pm
Written Assessment Due: Week 9 Thursday (16 May 2019) 5:00 pm AEST
Module/Topic
Termination and Variation of Trusts
Chapter
Chapter 22
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 21st May 2019
Module/Topic
Charitable Trusts
Chapter
Chapter 23
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 28th May 2019
Module/Topic
Revision
Chapter
Nil
Events and Submissions/Topic
Zoom session 6pm (Qld time) Tuesday 4th June 2019
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
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
1 Written Assessment
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.
Week 9 Thursday (16 May 2019) 5:00 pm AEST
Week 11 Monday (27 May 2019)
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?
