CQUniversity Unit Profile
LAWS12060 Trusts
Trusts
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.
Corrections

Unit Profile Correction added on 26-03-20

The end of term examination has now been changed to an alternate form of assessment. Please see your Moodle site for details of the assessment

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 - 2020

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).

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

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

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 evaluations

Feedback

Written Assignment: feedback indicated that the assignment was returned too late in the term.

Recommendation

The unit assignment will be returned to students two weeks before the exam at the latest.

Feedback from Student evaluations

Feedback

Written Assignment: feedback indicated students wanted more detailed feedback on their assignment.

Recommendation

Assessment feedback will include a completed rubric.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Outline and explain the various types of trust and the manner and form of their creation and variation
  2. Analyse the duties, rights and powers of trustees
  3. Analyse the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries
  4. Identify and construct solutions to ethical issues associated with trusts
  5. Research legal principles from statute and case law, and apply those principles to the analysis of trust problems, including indigenous issues
  6. 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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 40%
2 - Examination - 60%
Textbooks and Resources

Textbooks

Prescribed

Principles of Australian Equity and Trusts 4th edition (2018)

Authors: Peter Radan and Cameron Stewart
Lexis Nexis Australia
Sydney Sydney , NSW , Australia
ISBN:
Binding: Paperback

Additional Textbook Information

Copies are available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
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.

Teaching Contacts
Alexandra McEwan Unit Coordinator
a.mcewan@cqu.edu.au
Schedule
Week 1 Begin Date: 09 Mar 2020

Module/Topic

Introduction to the Concept of a Trust

Chapter

Chapter One [1.18]-[1.33]; Chapter 20

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 10th March 2020

Week 2 Begin Date: 16 Mar 2020

Module/Topic

Types of Trust

Chapter

Chapter 35: [35.1]-[35.21]; Chapter 25: [25.1]-[25.13]

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 17th March 2020

Week 3 Begin Date: 23 Mar 2020

Module/Topic

Creation of Express Trusts

Chapter

Chapter 21

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 24th March 2020

Week 4 Begin Date: 30 Mar 2020

Module/Topic

Constructive and Resulting Trusts

Chapter

Chapters 25, 35, and 36

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 31th March 2020

Week 5 Begin Date: 06 Apr 2020

Module/Topic

The Trustee

Chapter

Chapter 26

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 7th April 2020

Vacation Week Begin Date: 13 Apr 2020

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 20 Apr 2020

Module/Topic

Duties of the Trustee

Chapter

Chapter 26

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 21st April 2020

Week 7 Begin Date: 27 Apr 2020

Module/Topic

Beneficiaries’ Rights and Breach of Trust

Chapter

Chapter 27; Excerpts from Chapter 37

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 28th April 2020

Assessment Paper: Due Week 7 – Tuesday 28th April 2020 5pm


Writen Assessment Due: Week 7 Tuesday (28 Apr 2020) 5:00 pm AEST
Week 8 Begin Date: 04 May 2020

Module/Topic

Liabilities of Parties for Breach of

Trust: Proprietary Remedies

Chapter

Chapters 27 and 37

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 5th May 2020

Week 9 Begin Date: 11 May 2020

Module/Topic

Legality of Trusts

Chapter

Excerpts from Chapter 22

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 12th May 2020



Week 10 Begin Date: 18 May 2020

Module/Topic

Termination and Variation of Trusts 

Chapter

Chapter 22

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 19th May 2020

Week 11 Begin Date: 25 May 2020

Module/Topic

Charitable Trusts

Chapter

Chapter 23

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 26th May 2020

Week 12 Begin Date: 01 Jun 2020

Module/Topic

Revision week 

Chapter

Nil 

Events and Submissions/Topic

Zoom session 7pm (Qld time) Tuesday 2nd June 2020

Review/Exam Week Begin Date: 08 Jun 2020

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 15 Jun 2020

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
Writen Assessment

Task Description

Assessment Paper: Due Week 7 – Tuesday 28th April 2020

Maximum Word Limit: 2000 words

40 marks (40%)

Task Description

Students will be required to answer two questions. The first question will be a Trusts Law problem. The second question will be essay style.

Students will be required to refer to relevant case law and statute, apply legal reasoning and critical thinking skills, and engage in research to support arguments. 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 Zoom session week One.


Assessment Due Date

Week 7 Tuesday (28 Apr 2020) 5:00 pm AEST


Return Date to Students

Week 10 Wednesday (20 May 2020)


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

Submission
Online

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

Learning Outcomes Assessed
  • 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.


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

Details
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Open Book
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.

What can you do to act with integrity?