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LLB205 Equity and Trusts

Unit synopsis

Equity & Trusts provides an understanding of the principles of equity and the law relating to trusts as required for admission to practice.

Faculty
Faculty of Law
Study area
Law and justice
Credit points
12

Dates and locations

Teaching period Locations
Summer, 2017 (Block)
20 November 2017 - 16 February 2018
  • Gardens Point
Summer, 2017
20 November 2017 - 16 February 2018
  • Gardens Point (External)
Semester 2, 2018
23 July 2018 - 16 November 2018
  • Gardens Point
  • Gardens Point (External)

Fees

Commonwealth supported place (CSP) student contribution amount
2017: $1,324
2018: $1,368
Domestic fee-paying student fee
2017: $2,400
2018: $2,532
International student fee
2017: $3,348
2018: $3,480

Guide to fees

Commonwealth supported place (CSP) student contribution amount
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens who study this unit:
  • as part of a QUT course and are eligible for a Commonwealth supported place (CSP)
  • as a cross-institutional student who has a Commonwealth supported place at their home university.
Domestic fee-paying student fee
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens, who study this unit:
  • as part of a QUT course and are not eligible for a Commonwealth supported place (CSP)
  • as part of a QUT course during Summer Semester
  • as a cross-institutional student who does not have a Commonwealth supported place at their home university
  • as a single-unit study student.
International student fee
For international students who study this unit:
  • as part of a QUT course
  • as part of our study abroad or exchange programs
  • as a cross-institutional student.

Previous study requirements

Prerequisites
LLB202 or LWB137
Anti-requisites
LWB241

Guide to previous study requirements

Prerequisites
To enrol in this unit, you must have completed these prerequisite units (or have credit, advanced standing or exemption for them), or be able to demonstrate that you have equivalent background knowledge.
Anti-requisites
You can’t enrol in this unit if you have completed any of these anti-requisite units.
Co-requisites
To enrol in this unit, you must have already completed these co-requisite units, or you must enrol in them at the same time.
Equivalents
You can’t enrol in this unit if you have completed any of these equivalent units.
Assumed knowledge
We assume that you have a minimum level of knowledge in certain areas before you start this unit.

Summer Semester details

Dates
20 November 2017 - 16 February 2018
Class days
This unit will be taught in intensive/block mode. Timetable information will be available in HiQ by October.
Fee type
Tuition Fee
Restrictions
The unit is available to QUT, single-unit or cross-institutional students.
Notes
This is a summer tuition fee unit at the undergraduate level. Standard tuition fees apply. Eligible students may apply for FEE-HELP in eStudent, including cross institutional and QUT students in a Commonwealth supported place who are required to pay tuition fees.

Coordinator

Name
Associate Professor Tina Cockburn
Email
t.cockburn@qut.edu.au
Phone
3138 2003
Fax
3138 1775

Rationale

An understanding of the principles of equity and the law relating to trusts is required for admission to practice. Equitable principles impact on many areas of law, such as contract and property law. Trusts have numerous private and commercial uses, with taxation, estate planning and asset protection/insolvency consequences. This unit focuses on the principles of equity, with special emphasis on fiduciary obligations, obligations of confidence, unconscionable conduct, equitable interests and equitable remedies; and the law of trusts, including types of trusts, creation of trusts, and rights, duties and remedies of trustees and beneficiaries.

Aims

This unit aims to:

· develop a coherent knowledge and understanding of the principles of equity and the law relating to trusts
· demonstrate how the principles of equity and the law of trusts operate in a real world context and how this area of law develops in response to changes in society, and
· extend your skills in statutory interpretation and effective communication.

Learning outcomes

At the completion of this unit, you should be able to:

1. analyse and apply the principles of equity and trusts and communicate the legal and policy arguments and solutions clearly, logically and appropriately (Course Learning Outcomes 1.1, 4.1)
2. critically analyse the way in which the principles of equity and the law of trusts evolve in response to changing social contexts, including international perspectives (CLOs 1.3, 1.4), and
3. examine clauses of trust deeds by applying knowledge of the law of trusts (CLO 1.1).

Content

The content of this unit includes:

· nature and history of equity and trusts
· equitable interests in property and equitable assignments
· fiduciary obligations
· other equitable doctrines, which may include confidential information, unconscionability and equitable estoppel
· equitable remedies which may include equitable personal remedies, equitable proprietary remedies and equitable monetary remedies
· nature, classification and creation of trusts including express, resulting and constructive trusts
· charitable trusts
· trusteeship, including the equitable duties, powers and rights 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 the course learning outcomes. Therefore, the unit is taught through a blended delivery style consisting of face-to-face lectures and online podcasts (to assist with your understanding of equity and trusts) and face-to-face tutorials and online materials (to allow you to practise and develop your skills of problem solving and communication).

Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit.

The unit sees students write a letter of advice to a client with a supporting memorandum for the client file, which provides the dimension of authentic assessment, helping to connect the unit learning with the bigger picture of operating as a professional in the world of work. The practices of self-assessment and reflection will be explained and emphasised in relation to student skill development in and beyond the unit.

Assessment items

Name #1: Letter, Memo, Reflection
DescriptionPart (a) Students will write and submit a letter of advice and supporting memorandum (word limit 2000 words) to a law firm partner in relation to a given problem. Due Week 7
Part (b) Students will then submit a reflection on their skill development (word limit 500 words). Due Week 12
Weighting40%
Due dateWeek 7 and Week 12
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1
Name #2: Examination (theory)
DescriptionAn open book exam that may include all topics covered in the unit.
Weighting60%
Due dateSummer Exam Period
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1-3

Academic integrity

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
GE Dal Pont, Equity & Trusts in Australia (Thomson Reuters, 6th ed, 2015)

Recommended
Tina Cockburn, Tracey Carver and Anne Matthew, LexisNexis Questions and Answers: Equity and Trusts (LexisNexis Butterworths, 4th ed, 2014)
Malcolm Cope, Equitable Obligations: Duties, Defences and Remedies (Lawbook Co, 2007)
Gino Dal Pont and Tina Cockburn, Equity and Trusts in Principle (Thomson Reuters, 3rd ed, 2014)
Gino Dal Pont, Equity & Trusts: Commentary and Materials (Thomson Reuters, 6th ed, 2015)
Michael Evans and Bradley Jones, Equity and Trusts (LexisNexis Butterworths, 3rd ed, 2012)

Risk assessment statement

There are no unusual risks in this unit.

Coordinator

Name
Tina Cockburn
Email
t.cockburn@qut.edu.au
Phone
3138 2003

Rationale

An understanding of the principles of equity and the law relating to trusts is required for admission to practice. Equitable principles impact on many areas of law, such as contract and property law. Trusts have numerous private and commercial uses, with taxation, estate planning and asset protection/insolvency consequences. This unit focuses on the principles of equity, with special emphasis on fiduciary obligations, obligations of confidence, unconscionable conduct, equitable interests and equitable remedies; and the law of trusts, including types of trusts, creation of trusts, and rights, duties and remedies of trustees and beneficiaries.

Aims

This unit aims to:

· develop a coherent knowledge and understanding of the principles of equity and the law relating to trusts
· demonstrate how the principles of equity and the law of trusts operate in a real world context and how this area of law develops in response to changes in society, and
· extend your skills in statutory interpretation and effective communication.

Learning outcomes

At the completion of this unit, you should be able to:

1. analyse and apply the principles of equity and trusts and communicate the legal and policy arguments and solutions clearly, logically and appropriately (Course Learning Outcomes 1.1, 4.1)
2. critically analyse the way in which the principles of equity and the law of trusts evolve in response to changing social contexts, including international perspectives (CLOs 1.3, 1.4), and
3. examine clauses of trust deeds by applying knowledge of the law of trusts (CLO 1.1).

Content

The content of this unit includes:

· nature and history of equity and trusts
· equitable interests in property and equitable assignments
· fiduciary obligations
· other equitable doctrines, which may include confidential information, unconscionability and equitable estoppel
· equitable remedies, which may include equitable personal remedies, equitable proprietary remedies and equitable monetary remedies
· nature, classification and creation of trusts, including express, resulting and constructive trusts
· charitable trusts
· trusteeship, including the equitable duties, powers and rights 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 the course learning outcomes. Therefore, the unit is taught through a blended delivery style consisting of face-to-face lectures and online podcasts (to assist with your understanding of equity and trusts) and face-to-face tutorials and online materials (to allow you to practise and develop your skills of problem solving and communication).

Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit.

The unit sees students write a letter of advice to a client with a supporting memorandum for the client file, which provides the dimension of authentic assessment, helping to connect the unit learning with the bigger picture of operating as a professional in the world of work. The practices of self-assessment and reflection will be explained and emphasised in relation to student skill development in and beyond the unit.

External students are supported with an optional External Attendance School midway through the semester.

Assessment items

Name #1: Letter, Memo, Reflection
DescriptionStudents will write and submit a letter of advice and supporting memorandum (word limit 2000 words) to a law firm partner in relation to a given problem, due in Week 6. Students will then submit a reflection on their skill development (word limit 500 words), due in Week 12.
Weighting40%
Due dateWeeks 6 and 12
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1
Name #2: Examination (theory)
DescriptionAn open book exam that may include all topics covered in the unit.
Weighting60%
Due dateCentral Exam Period
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1-3

Academic integrity

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
GE Dal Pont, Equity & Trusts in Australia (Thomson Reuters, 6th ed, 2015)

Recommended
Tina Cockburn, Tracey Carver and Anne Matthew, LexisNexis Questions and Answers: Equity and Trusts (LexisNexis Butterworths, 4th ed, 2014)
Malcolm Cope, Equitable Obligations: Duties, Defences and Remedies (Lawbook Co, 2007)
Gino Dal Pont and Tina Cockburn, Equity and Trusts in Principle (Thomson Reuters, 3rd ed, 2014)
Gino Dal Pont, Equity & Trusts: Commentary and Materials (Thomson Reuters, 6th ed, 2015)
Michael Evans and Bradley Jones, Equity and Trusts (LexisNexis Butterworths, 3rd ed, 2012)

Risk assessment statement

There are no unusual risks in this unit.

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Single-unit study

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Cross-institutional study

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