Unit Outline

LAW353 focuses on the most developed area of equity’s jurisdiction, the law pertaining to trusts. It covers the following topics: the nature of a trust, and how it compares to other legal relationships; the essentials for the creation of an express trust; the incidents of trusteeship: the appointment and removal of trustees, as well as trustees’ duties, powers and rights; remedies for breach of trust, both personal and proprietary; the law pertaining to charitable trusts; non-express trusts, namely resulting trusts and constructive trusts. LAW353 may also addresses core equitable doctrines not the subject of discrete treatment in other core units, and, in particular, fiduciary law and the equitable doctrine of breach of confidence. Mention may also be made of the role of equity in the law of assignments, albeit within the umbrella of discussion of the law of trusts.

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1.	Describe and evaluate the importance of equity & trusts and how this body of law interacts with other areas of law.
2.	Apply relevant principles of equity and trusts to hypothetical factual scenarios.
3.	Effectively research a legal topic or problem pertaining to equity & trusts.
4.	Communicate clearly and concisely an understanding of relevant legal principles.

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	LAW251 and LAW262

Alterations as a result of student feedback

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Mid-Semester test	See the MyLO site for the due date	25 %	LO1, LO2
Assessment Task 2:	Essay	See the MyLO site for the due date	35 %	LO1, LO2, LO3, LO4
Assessment Task 3:	Exam	Exam Period	40 %	LO1, LO2, LO4

Assessment details

Assessment Task 1: Mid-Semester test

Task Description:

Mid-Semester test

Task Length:

45 minutes

Due Date:

See the MyLO site for the due date

Weight:

25 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Test	LO1, LO2

Assessment Task 2: Essay

Task Description:

Short Research Essay (in teams of two)

Task Length:

1500 words

Due Date:

See the MyLO site for the due date

Weight:

35 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)

How your final result is determined

To pass this unit, you need to demonstrate your attainment of each of the Intended Learning Outcomes, achieve a final unit grade of 50% or greater, and pass any hurdle tasks.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.

Review of results and appeals

You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.