Units

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Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Trusts are a fundamental institution of ownership of property in equity and they are used for various purposes including estate planning, commercial, and charitable purposes. A knowledge and understanding of the trust in its various forms and the equitable principles of property transfer are fundamental in understanding the impact of the principles of equity in the area of property ownership and rights.

Aims

The aim of this unit is to provide coherent knowledge and understanding of the law relating to trusts within the context of the Australian legal system as well as developing skills relevant to ongoing learning and professional practice.

Objectives

At the completion of this unit you should be able to:
1. Apply the major principles of trusts in analysing problems involving equitable and ethical issues; (GC1, GC2)
2. Communicate legal concepts and solutions to real world problems, orally and in writing, having regard to the audience; (GC3)
3. Appraise the development and future evolution of the law of trusts (GC1, GC6)
4. Negotiate resolutions to legal problems in an ethically appropriate manner. (GC2, GC3)
5. Manage time and work with others to identify ethical and trusts issues in a real world problem (GC 1, 2, 3, 5); and
6. Reflect on and document your skill performance and development, using QUT Student ePortfolio, so as to better prepare you for the transition to the workplace and understand the real world relevance of your studies (GC 4).


Graduate Capabilities

Your understanding of the unit content and the further development of skills will assist you to acquire the following law graduate capabilities:

1. Discipline Knowledge
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning; and
5. Work Independently and Collaboratively.

Content

The material covered in this unit includes:

• The fundamental features of a trust;


• The nature of equitable property and its relationship with the common law;


• The impact of applicable statute law, especially the Trusts Act 1973 (Qld) and established rules of statutory interpretation;


• The transfer of property in equity and priorities;


• Express trusts;


• Resulting trusts and void and voidable trusts;


• Discretionary trusts;


• Purpose trusts and charitable trusts; and


• Trusteeship, including the ethical and equitable obligations of trustees, the rights of beneficiaries and remedies for breach of trust.

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities. The unit is taught through a blended combination of face to face, online delivery and collaborative learning opportunities. This approach has been taken to afford you flexibility in your learning options and to assist you in your studies and understanding of trust law. Online materials enable you to continue to evolve as an independent learner.
Classes
Students in this unit will undertake 3 hours of classes each week. These classes will be a blended structure of lectures, tutorials and optional workshops that will be set out in the weekly schedule in the Study Guide. This blended approach offers students flexibility in the way they approach their learning in this unit.
Lectures
There will be a two hour lecture available each week commencing in week one. Eleven of these lectures will be held face to face and available via podcast. Two lectures will be exclusively available via podcast; in these weeks you will be given the opportunity to participate in an optional workshop. In the lectures you will be given information which develops upon those matters set down in the study guide for that week and highlights the more important areas in order that you may focus your learning. You should be familiar with the material specified for each week's session before you attend the lecture.
Tutorials
One-hour tutorials have been timetabled for each week commencing in week two. In tutorials you will be asked to consider a range of academic and practical issues relating to the material covered in the previous week's lecture. You will be required to prepare for the tutorials and be ready to discuss the issues raised. Preparation will include reading the prescribed materials and principal cases and attempting the tutorial problems set down in the study guide for that week.
For external students a taped recording of a tutorial will be available each week.
Optional Workshops
In the two weeks when lectures are podcast and not held face to face, you will be given the opportunity to participate in an optional workshop devoted to further developing your understanding of the podcast lecture materials.
Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises for each week of semester.
Online Materials
Online learning and teaching resources which provide feedback on student learning are available via the Blackboard site for this unit.
Optional External Attendance School
Mid-way in the semester there is an optional attendance school where the skills of problem solving and exam techniques will be practised and the negotiation role play will take place.

Assessment

In this unit you will be graded on a scale of one to seven.

Overview of Assessment:

Internal Students:
Summative assessment will be based on your discussion in tutorials, a negotiation life problem assignment, an eportfolio entry and an end of semester open book examination.

External Students:
Summative assessment will be based on a problem solving task, a negotiation life problem assignment, an eportfolio entry and an end of semester open book examination.

Faculty Assessment Information
To access the Law Faculty Assessment Information see the Blackboard site for this unit.

Assessment name: Discussion Forum (tutorials)
Description: You will be assessed on your participation in discussions, including your analysis and problem solving, and on your performance in skills exercises in tutorials throughout the semester.
(a) ePortfolio Reflection
Following release of the results of the negotiation life problem assignment, you will be required to document, evaluate and reflect upon your own performance and skill development during the activity, recognise gaps in your knowledge and develop an action plan for future development by making an individual entry into the QUT student ePortfolio. You will submit a copy of your individual ePortfolio reflection to your tutor during your tutorial in week 12.
Word limit: 400 words

Weight: 10%
ePortfolio Reflection - 5%
Relates to objectives: 1-6
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: Weeks 2-13

Assessment name: Problem Solving Task
Description: External exercise
You are required to submit a written answer to a specified problem, which will be made available at the commencement of the semester.
Word limit: 750 words
Relates to objectives: 1-6
Weight: 10%
Internal or external: External
Group or individual: Individual
Due date: Week 7

Assessment name: Life Problem & Reflection
Description: You will be required to prepare and submit a written assignment which will include a negotiation plan (which may be done in teams of up to four (4) students - not limited to students in the same tutorial) and then subsequently conduct a negotiation based on the factual scenario provided. Your written assignment will be worth 25% and will be due at the end of week 5. In week 8 of the tutorial program you will participate in the negotiation where you will engage in a negotiated role play (with others in your tutorial and not necessarily in the same assignment team as you) based on the same factual scenario.

For external students who attend the external school the negotiation role play will take place during the attendance school. Those external students who do not elect to attend the external attendance school will participate in an online alternative at times to be advised.
Relates to objectives: 1-5
Weight: 25%
Internal or external: Both
Group or individual: Individual
Due date: Week 5

Assessment name: Examination (theory)
Description: The exam will be open book and will be of 2 hours duration with 30 minutes perusal time. All topics in the course may be examinable including the skills components.
Relates to objectives: 1-3
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Assessment name: ePortfolio Reflection
Description: Following completion of the negotiation life problem assignment, you are required to document, evaluate and reflect upon your own performance and development during this activity, recognise gaps in your knowledge and develop an action plan for future development by making an individual entry into the QUT student ePortfolio. This item of assessment is pass/fail.
Relates to objectives: 6
Weight: 5%
Internal or external: Both
Group or individual: Individual
Due date: Week 12

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials:
GE Dal Pont, Equity & Trusts in Australia (Thomson Reuters, Sydney: 5th ed, 2011).

Recommended preliminary reading:
Tina Cockburn and Melinda Shirley, Equity Nutshell (Thomson Reuters, Sydney: 4th ed, 2012).

Recommended References:
Malcolm Cope, Equitable Obligations: Duties, Defences and Remedies (Lawbook Co, Sydney: 2007).
GE Dal Pont, Equity & Trusts: Commentary and Materials (Thomson Reuters, Sydney: 5th ed 2011).
Tina Cockburn, Melinda Shirley and Tracey Carver, Equity and Trusts Butterworths Question and Answers (LexisNexis Butterworths, Sydney: 3rd ed, 2009).
Gino Dal Pont and Tina Cockburn, Equity and Trusts in Principle (Law Book Co, Sydney: 2nd ed, 2008).
Michael Evans, Equity and Trusts (LexisNexis Butterworths, Sydney: 3rd ed, 2011).


Blackboard site
Online resources for this unit are available on the unit blackboard site

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 18-May-2012