CQUniversity Unit Profile

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Please note that this Unit Profile is still in progress. The content below is subject to change.
LAWS12078 Equity and Trusts
Equity and Trusts
All details in this unit profile for LAWS12078 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

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

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

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 - 2023

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

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 External Review

Feedback

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.

Recommendation

I will integrate this change into Assessment Two.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Explain the principles of Equity and Trusts and examine their relationship to broader legal principles
  2. Identify relevant equitable doctrines and apply them to problem-based scenarios
  3. Analyse and evaluate the role played by equity and trusts in common law jurisdictions
  4. Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies
  5. 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 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
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 and Resources

Textbooks

Prescribed

Principles of Australian Equity and Trusts

Edition: 5th (2022)
Authors: Peter Radan and Cameron Stewart
Lexis Nexis
Sydney Sydney , NSW , Australia
ISBN: 9780409352993
Binding: Paperback

Additional Textbook Information

The prescribed textbook can be accessed online at the CQUniversity Library website. Access may be limited. If you would prefer your own copy, purchase either paper or eBook versions 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:
Academic Integrity Statement

Information for Academic Integrity Statement has not been released yet.

This unit profile has not yet been finalised.