Course Outline

LAW302 Equity & Trusts

Course Coordinator:Teddy Henriksen (thenriks@usc.edu.au) School:School of Law and Society

2026Trimester 1

UniSC Sunshine Coast

UniSC Moreton Bay

Blended learning Most of your course is on campus but you may be able to do some components of this course online.

Online

Online You can do this course without coming onto campus, unless your program has specified a mandatory onsite requirement.

Please go to unisc.edu.au for up to date information on the
teaching sessions and campuses where this course is usually offered.

What is this course about?

Description

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.

How will this course be delivered?

Activity Hours Beginning Week Frequency
Blended learning
Learning materials – Online Learning Materials 1.5hrs Week 1 12 times
Tutorial/Workshop 1 – On-Campus Tutorial 2hrs Week 2 10 times
Online
Learning materials – Online Learning Materials 1.5hrs Week 1 12 times
Tutorial/Workshop 1 – Online Tutorial 2hrs Week 2 10 times

Course Topics

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

What level is this course?

300 Level (Graduate)

Demonstrating coherence and breadth or depth of knowledge and skills. Independent application of knowledge and skills in unfamiliar contexts. Meeting professional requirements and AQF descriptors for the degree. May require pre-requisites where discipline specific introductory or developing knowledge or skills is necessary. Normally undertaken in the third or fourth full-time study year of an undergraduate program.

What is the unit value of this course?

12 units

How does this course contribute to my learning?

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

Am I eligible to enrol in this course?

Refer to the UniSC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.

Pre-requisites

((LAW100 or LAW101) and (LAW105 or LAW103)) or ((LAW102 or LAW108) and (LAW104 or LAW107) and (LAW202 or LAW106))

Co-requisites

Not applicable

Anti-requisites

Not applicable

Specific assumed prior knowledge and skills (where applicable)

Not applicable

Microcredential Information

Not applicable

How am I going to be assessed?

Grading Scale

Standard Grading (GRD)

High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL).

Details of early feedback on progress

You will receive regular feedback on your learning progress through your participation in tutorial activities. 

Assessment tasks

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 Written Piece Individual 30%
1500 words
Week 7 Online Assignment Submission with plagiarism check
All 2 Oral Individual 20%
10 minutes
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 assessment is to demonstrate your understanding of the principles of equity and to provide sound advice to a legal problem.
Product: Written Piece
Authorship Statement:
Format:
This is a 1,500 word individual legal advice written as in a professional context. Further advice on format and other requirements will be provided in Canvas. References to be correctly formatted using AGLC4 format.
Criteria:
No. Learning Outcome assessed
1
Demonstration of knowledge
1 3
2
Critical thinking, analysis and argument
2 3
3
Communication and expression
3
4
Referencing
3
Generic Skills:
Communication, Problem solving, Information literacy
All - Assessment Task 2:Task 2
Goal:
The goal of this assessment is to assess your ability to reflect on your learning by specifically addressing feedback provided to you on your Task 1 assessment.
Product: Oral
Authorship Statement:
Format:
Oral presentation
Criteria:
No. Learning Outcome assessed
1
1. Demonstration of knowledge
1 2 3
2
2. Critical thinking, analysis and argument
1 2 3
3
3. Communication and expression
3
Generic Skills:
Communication, Problem solving, Organisation, Applying technologies
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 trimester to unseen questions.
Product: Examination - Centrally Scheduled
Authorship Statement:
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:
No. Learning Outcome assessed
1
Identifies relevant legal issues
1 2
2
Explains the relevant legal principles derived from statute or case law
2 3
3
Applies legal reasoning to the problem
2 3
4
Reaches arguable conclusions
2 3
5
Clarity and organisation of answer
3
Generic Skills:
Communication, Problem solving, Organisation

Directed study hours

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.

What resources do I need to undertake this course?

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.

Prescribed text(s) or course reader

You need regular access to the resource(s) below. Many texts are available as ebooks through the Library at no additional cost.

Required? Author Year Title Edition Publisher
Required Peter Radan, Cameron Stewart 0 Principles of Australian Equity and Trusts 6 n/a

Specific requirements

This course meets the necessary content requirements for Equity and Trusts under the Prescribed Areas of Knowledge of Schedule 1 of the LACC Uniform Admission Rules 2015 (the ‘Priestley 11’).

How are risks managed in this course?

Health and safety risks for this course have been assessed as low. It is your responsibility to review course material, search online, discuss with lecturers and peers and understand the health and safety risks associated with your specific course of study and to familiarise yourself with the University’s general health and safety principles by reviewing the online induction training for students, and following the instructions of the University staff.

What administrative information is relevant to this course?

Assessment: Academic Integrity

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.

Assessment: Additional Requirements

Eligibility for Supplementary Assessment

Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:
(a) The final mark is in the percentage range 47% to 49.4%; and
(b) The course is graded using the Standard Grading scale

Assessment: Submission penalties

Late submissions may be penalised up to and including the following maximum percentage of the assessment task’s identified value, with weekdays and weekends included in the calculation of days late:
(a) One day: deduct 5%;
(b) Two days: deduct 10%;
(c) Three days: deduct 20%;
(d) Four days: deduct 40%;
(e) Five days: deduct 60%;
(f) Six days: deduct 80%;
(g) Seven days: A result of zero is awarded for the assessment task.

The following penalties will apply for a late submission for an online examination:
Less than 15 minutes: No penalty
From 15 minutes to 30 minutes: 20% penalty
More than 30 minutes: 100% penalty

Links to relevant University policy and procedures

For more information on Academic Learning & Teaching categories including:

  • Assessment: Courses and Coursework Programs
  • Review of Assessment and Final Grades
  • Supplementary Assessment
  • Central Examinations
  • Deferred Examinations
  • Student Conduct
  • Students with a Disability

For more information, visit https://www.usc.edu.au/explore/policies-and-procedures#academic-learning-and-teaching

Student Charter

UniSC is committed to excellence in teaching, research and engagement in an environment that is inclusive, inspiring, safe and respectful. The Student Charter sets out what students can expect from the University, and what in turn is expected of students, to achieve these outcomes.

General Enquiries

For course-specific questions, contact your teaching staff or Course Coordinator.  

For other enquiries or to access support, please contact Student Central: