LAWS12060 - Trusts
Term 1 - 2017


All details in this unit profile for LAWS12060 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

This unit introduces students to Trusts. Students will examine the concept of a trust, the role of the trustee and the beneficiary. This examination will enable students to determine whether, given a fact situation a trust exists so as to then consider what equitable rights and interests apply. Furthermore, the unit will also focus on equitable assignments, fiduciary duties, confidential information, unconscionable transactions, estoppel, penalties, subrogation and contribution with a view to investigating whether a trust exists.

Details

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

Co-requisite: LAWS12056

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Written Assessment 40%
2. Examination 60%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Weighting of 70% for final examination. Student Evaluation Final examination now carries a weighting of 60%. A new assessment regime consisting of two items of written assessment and a take-home examination worth 40% will be introduced.
Engaging students through various strategies. Student Evaluation Students will be informed in advance what they need to prepare for tutorials. They will be encouraged to post their views and answers to tutorial questions on the discussion forum. The assessment regime will consist of two pieces of assessment to enable students to monitor their progress on the first feedback.
Quality of Blackboard sessions. Student Evaluation Use of Zoom will improve quality of online sessions with the provision of better audio, video and screen sharing qualities. The use of Zoom as the primary platform for audio-visual communications together with fresh lectures using ECHO360 will improve the learning experience.
Teaching quality. Student Evaluation Greater use of problem questions will enhance students’ assimilation and engagement. Practical examples in addition to diagrams and flowcharts will foster students’ engagement and assist their assimilation of the law.
On successful completion of this unit, you will be able to:
  1. Outline and explain the concept of a trust, the nature and extent of a beneficiary’s rights and obligations and the scope of a trustee’s rights and obligations.
  2. Identify and construct solutions to ethical issues associated with trusts.
  3. Research legal principles from statute and case law, and apply those principles to the analysis of trust problems, including indigenous issues.
  4. Demonstrate advanced skills in critical legal thinking, reasoning and reflection.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment
2 - Examination

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
1. Communication
2. Problem Solving
3. Critical Thinking
4. Information Literacy
5. Team Work        
6. Information Technology Competence        
7. Cross Cultural Competence        
8. Ethical practice        

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Written Assessment      
2 - Examination        

Prescribed Textbooks

Principles of Australian Equity and Trusts
Author/s: Peter Radan & Cameron Stewart Year: 2016
Edition: Third Publisher: LexsNexis Butterwoths
City: Chatswood State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop
Note:

Students may have purchased this text in the previous course LAWS12056.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom - Zoom is a cloud based video conference system, so you will need a microphone and camera
  • UCROO
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorJohn Milburn (j.a.milburn@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Introduction to the Concept of a Trust

20

Week 2 13-03-2017

Types of Trust

20

Week 3 20-03-2017

Creation of Express Trusts

21

Week 4 27-03-2017

Constructive and Resulting Trusts

35, 36, 25

Week 5 03-04-2017

The Trustee

20

Vacation Week 10-04-2017
Week 6 17-04-2017

Duties, Powers and Rights of Trustees

26

Week 7 24-04-2017

Objects of a Trust

21

Week 8 01-05-2017

Liabilities of Parties for Breach of Trust

27

Week 9 08-05-2017

Legality of Trusts

22

Assignment 1

Written Assessment Due Thursday (11 May 17) 11:45 PM AEST
Week 10 15-05-2017

Trusts for Commercial Purposes

20

Week 11 22-05-2017

Termination and Variation of Trusts

22

Week 12 29-05-2017

Revision

Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Written Assessment

Assessment Title Written Assessment
Task Description

Fundamental Information

The assignment will require you to use the knowledge acquired in this course to analyse a factual scenario. Your analysis will assist you to arrive at a conclusion that answers the questions raised by it. You should make use of recent journal articles and case reports in your analysis of the issues being raised.

There is a 2000-word limit. Material included in footnote referencing is excluded from the word count. Unless included in a footnote, direct quotes are included in the word count. I allow some flexibility on the word count. If you need to go beyond 2000 words (bearing in mind I will scrutinise whether I believe this was necessary), then you may do so, but do not go beyond 2200 words. You can provide a response that is less than the word limit, however experience would suggest to me that you submit at least 1500 words. If not, add something of value to your work to reach my suggested minimum word count.

You should present a document that is professionally presented, with an appropriate layout and the use of heading/sub-headings. You must footnote reference your external material and you should include a list of references or bibliography at the end of your assignment.

Please upload a single file in either a Word format (.doc or .docx) or in basic text format, so that I can open the file in Word.

Assessment Due Date Week 9 Thursday (11-May-2017) 11:45 PM AEST
I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 20 May 2017.
Return Date to Students Week 11 Monday (22-May-2017)
Student satisfaction surveys in the past indicate student concerns when a course coordinator does not provide feedback in a timely manner and does not return assignments quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is I provide feedback and marks 10 days after the due date).
Weighting 40%
Assessment Criteria
Assessment criteria

I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly and logically and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must appropriately reference and attribute the work of others.

Fail

You will have shown evidence of the following:

  • the written expression is poor and difficult to understand
  • the answer is poorly organised
  • referencing is generally inadequate
  • lack of familiarity with the legislation and its application
  • failure to identify and address the issues in the question
  • reasoning and application demonstrated is poor

Pass

You will have:

  • made a conscientious attempt to address the topic and/or answer the question
  • shown evidence of having done the required reading and of having understood the reading
  • presented a reasonable argument to back up your conclusions
  • demonstrated a reasonable level of spelling and grammatical usage
  • used referencing but this may need improvement
  • issues that may need to be identified and addressed in more depth

Credit

You will have:

  • addressed the topic and/or answered the question directly
  • presented soundly based arguments and backed these up with reasons
  • gone beyond description to analysis of key issues
  • used the English language well
  • shown evidence of reading widely
  • demonstrated understanding of the reading
  • used referencing that is satisfactory

Distinction

You will have:

  • met the above criteria for a credit
  • demonstrated the attainment of a high degree of understanding of the concepts of the course
  • demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
  • used referencing correctly
  • made reference to all appropriate legislation

High Distinction

You will have:

  • met the above criteria for a distinction
  • demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
  • demonstrated an interesting and/or original approach/idea/argument
  • demonstrated mastery of the relevant referencing system
  • ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
  • ensured your references are made to the appropriate legislation for particular issues

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that your name is included in the name of the saved document.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Outline and explain the concept of a trust, the nature and extent of a beneficiary’s rights and obligations and the scope of a trustee’s rights and obligations.

2. Identify and construct solutions to ethical issues associated with trusts.

3. Research legal principles from statute and case law, and apply those principles to the analysis of trust problems, including indigenous issues.

4. Demonstrate advanced skills in critical legal thinking, reasoning and reflection.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

8. Ethical practice



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Outline and explain the concept of a trust, the nature and extent of a beneficiary’s rights and obligations and the scope of a trustee’s rights and obligations.

2. Identify and construct solutions to ethical issues associated with trusts.

3. Research legal principles from statute and case law, and apply those principles to the analysis of trust problems, including indigenous issues.

4. Demonstrate advanced skills in critical legal thinking, reasoning and reflection.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

8. Ethical practice


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