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 3 - 2022
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 External Review
Feedback from Assessment 2 suggests that more prescriptive task instructions could direct students to the style or form of advice sought for this task, eg. legal memorandum or letter of advice, which might provide more uniformity in approach, a better structure to student answers and assess the skill of professional communication in a practical manner.
I will integrate this change into Assessment Two.
- 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
Edition: 5th (2022)
Authors: Peter Radan and Cameron Stewart
LexisNexis,
Sydney Sydney , NSW , Australia
Binding: Paperback
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
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8 pm (Qld time)
Module/Topic
Equitable interests, equitable assignment, and priority disputes in equity
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8 pm (Qld time)
Module/Topic
Fiduciary relationships and obligations; Confidential Information
Chapter
See weekly study guide
Events and Submissions/Topic
Two Zoom sessions this week
1. Tuesday 7-8 pm (Qld time): Week 3 content
2. Wednesday 6-7 week 4 content.
Module/Topic
The Trust: introduction, creation and variation
Chapter
See weekly study guide
Events and Submissions/Topic
No Zoom session this week.
Online discussion forum Due: Week 4 Friday (2 Dec 2022) 11:59 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
No Zoom Session
Module/Topic
The Trustee
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Wednesday 6-7pm (Qld time)
Module/Topic
Breach of trust, beneficiary rights and remedies
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8pm (Qld time)
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Resulting trusts and constructive trusts
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8pm (Qld time)
Written Assessment Due: Week 7 Friday (6 Jan 2023) 11:59 pm AEST
Module/Topic
Undue Influence; Unconscionable Transactions
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8pm (Qld time)
Module/Topic
Equitable Estoppel
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8pm (Qld time)
Module/Topic
Equitable Remedies 1: Declarations; Specific Performance
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8pm (Qld time)
Module/Topic
Equitable Remedies 2: Injunctions, Monetary Remedies
Chapter
See weekly study guide
Events and Submissions/Topic
Zoom session Tuesday 7-8pm (Qld time)
Module/Topic
Revision
Chapter
Nil
Events and Submissions/Topic
Zoom session revision two hour workshop: Tuesday 7-9pm (Qld time)
Module/Topic
Chapter
Events and Submissions/Topic
My contact details: Email: a.mcewan@cqu.edu.au
Consultation Hours: I am generally available for consultation on Tuesdays and Thursdays from 10am to 12 noon (Eastern Standard Time). The best way to contact me is by email. I check my emails regularly and will get back to you to arrange a time to talk.
Please note that in Term 3 2022 I will be leading an international tour from 24th Nov - 13th Dec 2022 (week 4-5 and in the mid term break week). Some of the LAWS12078 Zoom sessions have been adjusted to accommodate these dates and my consultations times during weeks 4 - 5 may also vary based on travel times.
1 Online discussion forum
The online discussion forum assessment is worth 10% of the total unit mark.
For this assessment you will make two posts to assessment discussion forums set up on Moodle specifically for this purpose.
You will be required to enter one post in two forums, i.e., two posts in total. You will choose from a selection of questions and topics based on unit content from weeks one, two, and three.
Post One: You will make an original post responding to one of the set questions or topics.
Post Two: You will make a post responding to another student’s original post.
The word limit for each post is 200 words, excluding references. There is a word minimum of 150 words for each post.
Each post is worth 5 marks, with a total of 10 marks.
Posts will be assessed according to assessment criteria that will be uploaded to Moodle. After making the two posts, you must submit your two posts in a single Word document via the usual Moodle assignment submission process. In the Word document:
1. Note the discussion forum number and title for each post;
2. Use headings 'original post' and 'reply post'; and
3. Include the word count and your other details, i.e., student name, study ID number, and name of the assignment.
For students who complete the task on the discussion forum, though fail to submit their assignment in a Word document, a late penalty will be applied until the forum posts are submitted via Moodle in a Word document in accordance with the task instructions.
Week 4 Friday (2 Dec 2022) 11:59 pm AEST
Estimated return date is two weeks from the due date.
Each post will be marked according to assessment criteria focusing on:
- accuracy of information;
- quality of argument;
- critical reflection;
- acknowledgement of sources, and communication skills.
The assessment criteria sheet will be uploaded to Moodle at the beginning of term 3.
- 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.
- Communication
- Problem Solving
- Critical Thinking
2 Written Assessment
This assessment is worth 40% of the total unit mark.
You will be required to answer two problem questions.
The total word count for the written assessment will be 2000 words. You 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. You will be required to refer to relevant case law and statute, apply legal reasoning and critical thinking skills, and engage in research to support your arguments. You must reference your work in accordance with the Australian Guide to Legal Citation (AGLC) 4th Edition and adhere to standards of academic integrity.
The assessment will be marked against a rubric that will be made available on the Moodle page.
Week 7 Friday (6 Jan 2023) 11:59 pm AEST
Estimated return date is two weeks from the due date.
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 and legal analysis; and
- Written expression and AGLC referencing.
The assessment criteria sheet will be uploaded to Moodle at the beginning of term.
- 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
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
3 Take Home Exam
The take home exam is worth 50% of the total unit mark.
The take home exam will be conducted during the Term 3 2022 exam period. The date is to be confirmed.
The task comprises two problem questions and one short answer question.
All questions are compulsory.
The exam is 4 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 (Note that this does not include Accessibility adjustments).
Exam conditions apply to all take home exams. Your answers must be your own work. You must not work with, assist, receive assistance from, copy from, discuss, or share work with other students. You must not plagiarise.
You must indicate where text is a direct quote, and acknowledge the source of the work or idea. You must provide references for all sources relied upon in your take home exam answers.
Your answer must be submitted as a Word document. You must submit your completed take home exam via the unit
Moodle page in the usual manner. Further details regarding the take home paper will be provided via Moodle.
Exam Week Monday (13 Feb 2023) 11:45 pm AEST
The take home paper will take place during the 2022 Term 3 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;
- Structure and sequencing of answer;
- Exploration of legal issues and legal problem solving; and
- Written expression, acknowledgement of sources and academic integrity
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
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?
