Equity and Trusts Law PG (11755.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| Online
|| UC - Canberra, Online
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Post Graduate Level|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
It covers the equitable doctrines and equitable remedies, the nature of the trust, the concept of fiduciary duties, the nature of trustees, and an introduction to succession. It deals with the broad theoretical basis, and historical origins, of equity and its social context; the relationships between equity and the common law, and between equity and statute; the distinction between equitable doctrines and equitable remedies; when a fiduciary relationship arises and the obligations of a fiduciary; the equitable doctrines about unconscionable dealings. It also deals with the role of equity in developing the trust, the rules for creating trust and the various types of trust; the obligations, powers and rights of trustees, and the rights of beneficiaries; the range of equitable remedies and defences, and remedies and defences for breach of trust; the rules about equitable assurances and assignments.
Learning outcomesOn successful completion of this unit, students will be able to:
1. Explain and apply the principal doctrines and remedies of equity and the law of trusts;
2. Critically analyse equitable principles and institutions in their historical and social context, and the potential for future development of those principles and institutions;
3. Exercise independent judgement and advise on the application of equitable principles (including the law of trusts) in given fact situations; and
Demonstrate effective legal communication, research and negotiation skills and apply them to equity and trust law problems.
Graduate attributes1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways
Prerequisites11751 Legal Methods and Skills G AND 11752 Legal Systems G
CorequisitesMust be enrolled in SCC001 Graduate Certificate in Legal Studies, SCG002 Graduate Diploma in Legal Studies or SCM002 Juris Doctor.
Incompatible units11283 Equity Law
Equivalent units11442 Equity Law PG, 7227 Equity G
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2023||UC - Canberra, Online||Study Block 5||28 August 2023||Online||Dr Bruce Baer Arnold|
|2024||UC - Canberra, Online||Study Block 4||01 July 2024||Online||Dr Bruce Baer Arnold|
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 5th ed, 2022)
Submission of assessment items
Extensions & Late submissions
All assessment items are submitted through the drop boxes on Canvas.
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
Attendance at tutorials is strongly recommended but is not mandatory.
Required IT skills
This unit involves online meetings in real time using the Virtual Room in your UCLearn teaching site. The Virtual Room allows you to communicate in real time with your lecturer and other students. To participate verbally, rather than just typing, you will need a microphone. For best audio quality we recommend a microphone and speaker headset. For more information and to test your computer, go to the Virtual Room in your UCLearn site and 'Join Course Room'. This will trigger a tutorial to help familiarise you with the functionality of the virtual room.
Work placement, internships or practicums