Overview
In this unit you will examine the jurisdiction of Equity, including Trusts as a key equitable institution. The unit has four parts. In the first part you will address: the history of Equity and its relationship with the common law; equitable rights and interests; equitable assignment; fiduciary obligations and the equitable obligation of confidence. In the second part you will focus on the law of Trusts, including various types of trusts; the manner and form of trust creation and variation; the duties, rights and powers of trustees; consequences of breach of trust; beneficiary rights and remedies; resulting and constructive trusts. In the third part you will address equitable doctrines related to unconscionability; undue influence, unconscionable transactions and estoppel in equity. In the fourth part you will consider equitable remedies including declarations, specific performance, injunctions, and monetary remedies. This unit meets the Legal Practitioners Admissions Board requirements for Equity, including Trusts.
Details
Pre-requisites or Co-requisites
Pre-requisite: 24 credit points of law units
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 - 2021
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.
- Explain the principles of Equity and Trusts and examine their relationship to broader legal principles
- Identify relevant equitable doctrines and apply them to problem-based scenarios
- Analyse and evaluate the role played by equity and trusts in common law jurisdictions
- Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies
- Examine and evaluate different theoretical arguments relevant to equitable doctrines and remedies.
This unit satisfies the Priestley 11 requirements for Equity, which also includes Trusts as approved by the Legal Practitioners Admissions Board.
Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks | Learning Outcomes | ||||
---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | |
1 - Online discussion forum - 10% | |||||
2 - Written Assessment - 40% | |||||
3 - Take Home Exam - 50% |
Alignment of Graduate Attributes to Learning Outcomes
Graduate Attributes | Learning Outcomes | ||||
---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | |
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 - Online discussion forum - 10% | ||||||||||
2 - Written Assessment - 40% | ||||||||||
3 - Take Home Exam - 50% |
Textbooks
Principles of Australian Equity and Trusts
4th edition (2019)
Authors: Peter Radan and Cameron Stewart
Lexis Nexis Australia
Melbourne Melbourne , VIC , Australia
Binding: Paperback
Additional Textbook Information
If students have Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016 ) and wish to use it, they may do so.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
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
The Nature of Equity: History and Interaction with the Common Law
Chapter
Chapters 1, 2 and 3
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 11th March at 7pm (Qld time).
Module/Topic
Equitable interests, equitable assignment, and equitable priority disputes
Chapter
Chapters 4, 5 and 8
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 18th March at 7pm (Qld time).
Module/Topic
Fiduciary relationships and obligations; Confidential Information
Chapter
Chapters 9 and 10
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 25th March at 7pm (Qld time).
Module/Topic
The Trust: introduction, creation and variation.
Chapter
Chapters 20, 21 and 22
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 1 April at 7pm (Qld time).
Module/Topic
The Trustee
Chapter
Chapters 26 and 27
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 8th April at 7pm (Qld time).
Discussion Forum assessment due 11.59 pm Friday 9th April 2021 (Qld time)
Discussion Forum Assessment Due: Week 5 Friday (9 Apr 2021) 11:59 am AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Breach of trust, beneficiary rights and remedies
Chapter
Chapters 26 and 27
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 22nd April at 7pm (Qld time).
Module/Topic
Resulting trusts and constructive trusts
Chapter
Chapters 25, 35 and 36
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 29th April at 7pm (Qld time).
Assignment due Friday 30th April 2021 at 11.59 pm (Qld time).
Written Assessment Due: Week 7 Friday (30 Apr 2021) 11:59 pm AEST
Module/Topic
Undue Influence; Unconscionable Transactions
Chapter
Chapters 11 and 13
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 6th May at 7pm (Qld time).
Module/Topic
Equitable Estoppel
Chapter
Chapter 14
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 13th May at 7pm (Qld time).
Module/Topic
Equitable Remedies 1: Declarations; Specific Performance
Chapter
Chapters 28 and 29
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 20th May at 7pm (Qld time).
Module/Topic
Equitable Remedies 2: Injunctions, Monetary Remedies
Chapter
Chapters 30, 32 and 38
Readings are set out in weekly study guides
Events and Submissions/Topic
Zoom session Thursday 27th May at 7pm (Qld time).
Module/Topic
Revision
Chapter
Nil
Events and Submissions/Topic
Zoom session Thursday 3rd June at 7pm (Qld time).
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
My contact details are:
Email: a.mcewan@cqu.edu.au
Telephone: 03 9616 0620
Consultation Hours: I am generally available for consultation on Tuesdays and Thursdays from 10am 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 on the Melbourne Campus. If you live in or visit 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.
1 Online discussion forum
This assessment requires students to make two posts to assessment discussion forums set up on Moodle specifically for this purpose. Students will choose from a selection of questions and topics based on unit content from weeks one, two, and three.
Each student will be required to enter one post in two forums.
Post One: Each student will make an original post responding to one of the set questions or topics.
Post Two: Each student will make a post responding to another student’s original post.
The word limit for each post is 200 words. There is a word minimum of 150 words for each post.
Each post is worth 5 marks with a total of 10 marks.
The assignment is worth 10% of the total unit mark.
Posts will be assessed according to assessment criteria focusing on accuracy of information, quality of argument, critical reflection, acknowledgement of sources, and communication skills.
Students must reference their work in accordance with the Australian Guide to Legal Citation (AGLC) 4th Edition and adhere to standards of academic integrity.
Week 5 Friday (9 Apr 2021) 11:59 am AEST
Week 6 Friday (23 Apr 2021)
Posts will be marked as they are entered, with marking finalised by Friday 23rd April 2021.
Posts will be marked according to assessment criteria focusing on:
- accuracy of information
- quality of argument
- critical reflection
- acknowledgement of sources
- communication skills including adhering to word counts
No submission method provided.
- Communication
- Problem Solving
- Critical Thinking
- Explain the principles of Equity and Trusts and examine their relationship to broader legal principles
- Analyse and evaluate the role played by equity and trusts in common law jurisdictions
- Examine and evaluate different theoretical arguments relevant to equitable doctrines and remedies.
2 Written Assessment
Students will be required answer two questions. The first question will be a problem-based scenario. The second question will be essay style.
The total word count will be 1500 words: 1000 words for the problem-based scenario question and 500 words for the essay style question.
Students must state the word count on the first page. Headings and sub-headings form part of the word count. Footnotes do not form part of the word count.
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 and adhere to standards of academic integrity. Further details of the assignment will be uploaded to Moodle and discussed during the Zoom session in week one.
Week 7 Friday (30 Apr 2021) 11:59 pm AEST
Week 10 Friday (21 May 2021)
The written assessment task will be marked according to the following criteria:
- Understanding of factual basis and relevant law
- Presented in a logical structure
- Exploration of legal issues; Legal problem solving
- Written expression and AGLC referencing
No submission method provided.
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
- Identify relevant equitable doctrines and apply them to problem-based scenarios
- Analyse and evaluate the role played by equity and trusts in common law jurisdictions
- Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies
3 Take Home Exam
The take home exam will be conducted during the Term 1 2021 exam period. The date is to be confirmed.
The task comprises two problem questions and one essay question. All questions are compulsory. The word limit for the take home exam is 2000 words.
The exam is 6 hours duration only.
Submissions after the deadline has passed will not be accepted.
Failure to submit by the deadline will result in a mark of zero for this assessment as the paper will not be marked.
Extensions are not available for the take home exam.
Exam conditions apply to the take home exam.
Answers must be the student’s own work. Students must not work with, assist, receive assistance from, copy from, discuss or share work with other students.
Students must not plagiarise. Students must indicate where text is a direct quote, and acknowledge the source of the work or idea.
Students must provide references for all sources relied upon in their take home exam answers.
The student's answer must be submitted as a Word document.
Students must submit their answer to the take home exam via the unit Moodle page in the usual manner.
The take home exam will take place during the Term 1 2021 exam period. The date and time of the take home exam is to be confirmed.
The take-home exam will be assessed according to the following criteria:
- Understanding of factual basis and relevant law
- Presented in a logical structure
- Exploration of legal issues; Legal problem solving
- Written expression, acknowledgement of sources and academic integrity
No submission method provided.
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
- Explain the principles of Equity and Trusts and examine their relationship to broader legal principles
- Identify relevant equitable doctrines and apply them to problem-based scenarios
- Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies
- Examine and evaluate different theoretical arguments relevant to equitable doctrines and remedies.
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.