Unit rationale, description and aim
The Rule of Law, and access to legal advice, are the basis of free, democratic, and just societies which promote personal dignity, thriving communities, and the Common Good. Law graduates working in legal practice, in business, in government, and in the community play an essential role in promoting and upholding the Rule of Law in Australia and across the world. The Bachelor of Laws degree is an accredited degree for admission as a legal practitioner in Australia.
This level four unit contributes to the development of:
- advanced theoretical and technical knowledge in the field of Equity and Trusts;
- advanced, cognitive, technical and communication skills and the ability to apply these to complex legal problems in a professional context;
- advanced research and writing skills.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe and critically evaluate the role of equit...
Learning Outcome 01
Apply equity to factual situations and thereby adv...
Learning Outcome 02
Apply the law of trusts to factual situations and ...
Learning Outcome 03
Content
Topics will include:
- The origins and nature of equity and its relationship to the common law
- Equitable interests
- Fiduciary obligations
- Equitable remedies
- The nature and creation of trusts
- Types of trusts
- The rights, powers and duties of trustees
- The remedies of beneficiaries
This content reflects the academic areas of knowledge required for accreditation as set out in the Legal Profession Admission Rules 2015 (NSW) Schedule 1 Part 1(7).
(1) EQUITY
The following topics:
(a) The nature of equity
(b) Equitable rights, titles and interests
(c) Equitable assignments
(d) Estoppel in equity
(e) Fiduciary obligations
(f) Unconscionable transactions
(g) Equitable remedies
(2) TRUSTS
With particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts)
or
Topics of such breadth and depth as to satisfy the following guidelines:
The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trust law should be dealt with: various kinds of trusts; the rights, duties and powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included. (It is expected that about half the course will be devoted to trusts.)
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
Overview of assessments
Communication and Engagement: Students are requir...
Communication and Engagement: Students are required to participate in a minimum of 8 out of 12 skills-based tutorials, in recognition that the development of skills in locating, referencing and analysing research materials is assisted by attendance and participation in weekly tutorials. A rubric will be utilised to assess students. Should a student fail to achieve the minimum participation requirements due to illness and/or personal circumstances beyond their control, an alternative assessment may be negotiated with the National Lecturer in Charge
20%
Assignment 2: Essay
Assignment 2: Essay
30%
Final Examination:
Final Examination:
50%
Learning and teaching strategy and rationale
Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration: 4 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level four specified Law unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.
Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.
The unit is designed to be delivered in intensive, weekly or online mode. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.