Course Coordinator:Teddy Henriksen (thenriks@usc.edu.au) School:School of Law and Society
UniSC Sunshine CoastUniSC 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.
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 – 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 |
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”.
((LAW100 or LAW101) and (LAW105 or LAW103)) or ((LAW102 or LAW108) and (LAW104 or LAW107) and (LAW202 or LAW106))
Not applicable
Not applicable
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 | 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. |
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| 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. |
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| Criteria: |
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| Generic Skills: | Communication, Problem solving, Information literacy |
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| 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. |
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| Product: | Oral | ||||||||||||
| Authorship Statement: | |||||||||||||
| Format: | Oral presentation |
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| Criteria: |
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| Generic Skills: | Communication, Problem solving, Organisation, Applying technologies |
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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 trimester to unseen questions. |
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| 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. |
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| Criteria: |
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| Generic Skills: | Communication, Problem solving, Organisation |
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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.
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 |
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’).
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.
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
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
For more information on Academic Learning & Teaching categories including:
For more information, visit https://www.usc.edu.au/explore/policies-and-procedures#academic-learning-and-teaching
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