Course coordinator
Dr Andrew Fell
Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course introduces the concept of 'equity' as a distinct body of law and discusses the historical reasons for its development. It considers the equitable rules relating to the creation and classification of trusts, the duties and powers of trustees, and the remedies available to enforce them. It also considers the equitable rules relating to fiduciary duties.
‘Equity’ is a body of law that has existed alongside the common law for centuries to supplement and modify it in various ways. The reasons for its development are largely historical, relating to the strictness of the early common law and the inadequacy of its procedures. Although two bodies of law are no longer applied in separate court systems, they nevertheless remain distinct.
Two of equity’s significant and continuing contributions to the present law are trusts and fiduciary duties. In this course, we will consider the different types and features of trusts, the requirements for creating them, the duties that they impose on trustees, and the remedies that are available to enforce them. We will also consider the distinctive equitable duties that are imposed on fiduciaries – those who are required to act solely in the interests of others for whom or on whose behalf they are acting. As we will discuss, trustees are one important category of fiduciary, but these fiduciary duties extend to various other persons such as lawyers and company directors.
Course requirements
Assumed background
It is assumed that students have completed Law of Contract I and II and Foundations of Property Law.ﾠ It is recommended that students have previously completed or are concurrently enrolled in Interests in Property.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS1700 + 1702
Recommended prerequisites
We recommend completing the following courses before enrolling in this one:
LAWS2706
Recommended companion or co-requisite courses
We recommend completing the following courses at the same time:
LAWS2707
Incompatible
You can't enrol in this course if you've already completed the following:
(LAWS3010 + 3012) or (3113 + 3114) or (2704 + 2705)
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Dr Andrew Fell
Tutor
Mr Stephen Carius
Mr David O'Brien
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
This course aims to introduce students to the concept of 'equity' as a distinct body of law and provide them with a thorough grounding in the law relating to trusts and fiduciary duties. It also aims to further develop students' general legal skills, including legal writing and research, case analysis, statutory interpretation and problem solving.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Understand the rules and principles of law relating to the creation of trusts, and the duties, powers, rights and liabilities of trustees and persons in fiduciary positions.
LO2.
Apply those rules and principles to concrete fact situations.
LO3.
Recognise the commercial and social contexts in which trusts and fiduciary duties operate.
LO4.
Read and analyse case and statute law in these areas of law.
LO5.
Undertake research in these areas of law with a view to resolving more complex problems or critically evaluating the law.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Essay/ Critique |
Research Assignment
|
50% |
12/09/2024 5:00 pm |
| Examination |
End-of-semester Examination
|
50% |
End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
Research Assignment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 50%
- Due date
12/09/2024 5:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
The assignment will be due on Thursday 12 September 2024 at 5pm (which is in Week 8).
The assignment is worth 50% of the total marks for the course, and will be marked out of 50.
This is a research assignment. It is not intended to be fully answerable using materials covered in lectures and tutorials.
The word limit is 2,500. This does not include footnotes (but does include headings). However, footnotes must only contain references. Any substantive text in the footnotes will be disregarded.
The word count must be stated at the beginning of your answer. A penalty of 5 marks will be imposed if the answer is between 1–50 words over the limit, 10 marks if it is between 51–100 words over the limit, and so on.
References must comply with the 4th edition of the Australian Guide to Legal Citation. You do not need to include a bibliography.
Do not put your name on your answer, only your student number. This is to facilitate anonymous marking
Do not work in groups. As stated in Section 10 of this Course Profile, using 'ideas gained through working in a group' in your answer can amount to plagiarism.
This task has been designed to be challenging, authentic and complex. Whilst students may use Artificial Intelligence (AI) and/or Machine Translation (MT) technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 50%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
There will be an open-book final exam during the exam period. Any written or printed material is permitted in the exam; it may also be annotated. The exam will be worth 50% of the overall marks for the course.
The exam will consist of up to 3 questions (each of which may have multiple parts), which may be short answer, essay or problem questions. All content covered in lectures and tutorials is potentially assessable. More information about the content and format of the exam may be given closer to the exam date.
This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 12 |
Lecture |
Lectures The schedule of lectures is set out in the course Learning Guide. This is available from the course Blackboard site. The lecture topics are:
Learning outcomes: L01, L02, L03, L04, L05 |
Multiple weeks From Week 2 To Week 13 |
Tutorial |
Tutorials The schedule for tutorials for the course is set out in the course Learning Guide. This is available from the course Blackboard site. The tutorial topics are:
Learning outcomes: L01, L02, L03, L04, L05 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: