Course Coordinator:Simone Henriksen (shenriks@usc.edu.au) School:School of Law and Society
UniSC Sunshine Coast |
Blended learning | Most of your course is on campus but you may be able to do some components of this course online. |
Please go to usc.edu.au for up to date information on the
teaching sessions and campuses where this course is usually offered.
This course builds on doctrines encountered in contracts, property and corporate and partnership law and assumes familiarity with them. You consider how and why equity developed; essential concepts and doctrines including fiduciary relationships and breach of confidence along with third party liability and equitable remedies. Trusts are equity's contribution to the law of property and their versatility means they remain important for estate planning, commercial and charitable purposes. You consider types of trusts, their creation and rights and obligations that follow from trusteeship.
Activity | Hours | Beginning Week | Frequency |
Blended learning | |||
Learning materials – 1.5 hours online learning materials | 1.5hrs | Week 1 | 13 times |
Tutorial/Workshop 1 – Two hour on campus tutorial | 2hrs | Week 1 | 13 times |
Nature of equity, equitable rights, titles and interests
Fiduciary duties
Breach of confidence
Equitable fraud
Estoppel and defences
Equitable remedies
Trusts
Trustees
Charitable trusts
Discretionary trusts
300 Level (Graduate)
12 units
Course Learning Outcomes On successful completion of this course, you should be able to... | Graduate Qualities Completing these tasks successfully will contribute to you becoming... | |
1 | Demonstrate knowledge of key concepts in equity and trusts. |
Knowledgeable Empowered |
2 | Identify and critically evaluate the legal, policy and ethical issues that arise in equity or trusts |
Creative and critical thinker Ethical |
3 | Apply your knowledge of the relevant principles to devise solutions to legal problems and communicate your response using appropriate language. | Empowered |
Refer to the UniSC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.
LAW204 and enrolled in any Law Program
LAW205
Not applicable
Not applicable
Standard Grading (GRD)
High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL). |
You will receive regular feedback on your learning progress through your participation in tutorial activities.
Delivery mode | Task No. | Assessment Product | Individual or Group | Weighting % | What is the duration / length? | When should I submit? | Where should I submit it? |
All | 1 | Oral | Individual | 20% | 10 minutes |
Week 7 | Online Assignment Submission with plagiarism check |
All | 2 | Written Piece | Individual | 30% | 1500 words |
Week 11 | Online Assignment Submission with plagiarism check |
All | 3 | Examination - Centrally Scheduled | Individual | 50% | 3 Hours |
Exam Period | Online Assignment Submission with plagiarism check |
All - Assessment Task 1:Task 1 | |
Goal: | The goal of this task is to demonstrate your understanding of the principles of equity and to provide sound advice to a legal problem in an oral setting. |
Product: | Oral |
Format: | Oral presentation |
Criteria: |
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All - Assessment Task 2:Task 2 | |
Goal: | The goal of this assessment is to demonstrate your understanding of the principles of equity and to provide sound advice to a legal problem. |
Product: | Written Piece |
Format: | This is a 1,500 (+/- 10%) word individual legal advice written as in a professional context. Further advice on format and other requirements will be provided on Canvas. References to be correctly formatted using AGLC format. |
Criteria: |
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All - Assessment Task 3:Invigilated Final Examination | |
Goal: | The goal of this assessment is to test your ability to apply the legal principles and concepts learned this semester to unseen questions. |
Product: | Examination - Centrally Scheduled |
Format: | This assessment task is an online, open-book and invigilated exam. You will be required to attend a live Zoom session throughout the duration of the exam and need access to a working computer, a stable internet connection, and a webcam. |
Criteria: |
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A 12-unit course will have total of 150 learning hours which will include directed study hours (including online if required), self-directed learning and completion of assessable tasks. Student workload is calculated at 12.5 learning hours per one unit.
Please note: Course information, including specific information of recommended readings, learning activities, resources, weekly readings, etc. are available on the course Canvas site– Please log in as soon as possible.
Please note that you need to have regular access to the resource(s) listed below. Resources may be required or recommended.
Required? | Author | Year | Title | Edition | Publisher |
Required | Peter Radan,Cameron Stewart | 0 | Principles of Australian Equity and Trusts | 5th edition | n/a |
Nil
Academic integrity is the ethical standard of university participation. It ensures that students graduate as a result of proving they are competent in their discipline. This is integral in maintaining the value of academic qualifications. Each industry has expectations and standards of the skills and knowledge within that discipline and these are reflected in assessment.
Academic integrity means that you do not engage in any activity that is considered to be academic fraud; including plagiarism, collusion or outsourcing any part of any assessment item to any other person. You are expected to be honest and ethical by completing all work yourself and indicating in your work which ideas and information were developed by you and which were taken from others. You cannot provide your assessment work to others. You are also expected to provide evidence of wide and critical reading, usually by using appropriate academic references.
In order to minimise incidents of academic fraud, this course may require that some of its assessment tasks, when submitted to Canvas, are electronically checked through Turnitin. This software allows for text comparisons to be made between your submitted assessment item and all other work to which Turnitin has access.
Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: The final mark is in the percentage range 47% to 49.4% The course is graded using the Standard Grading scale You have not failed an assessment task in the course due to academic misconduct
Late submission of assessment tasks may be penalised at the following maximum rate: - 5% (of the assessment task's identified value) per day for the first two days from the date identified as the due date for the assessment task. - 10% (of the assessment task's identified value) for the third day - 20% (of the assessment task's identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. - A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome.
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