LLB205 Equity and Trusts
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB205 |
|---|---|
| Prerequisite(s): | LLB202 or LWB137 |
| Antirequisite(s): | LWB241, LWB240 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLB205 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB202 or LWB137 |
| Anti-requisite: | LWB241, LWB240 |
| Coordinator: | Tina Cockburn | t.cockburn@qut.edu.au |
Overview
This unit builds on LLB202 Contract Law and your studies in other common law units, with a focus on developing your critical analysis and legal writing skills. An understanding of equity and trusts is also required for admission to legal practice.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply knowledge of the principles of equity and trusts to analyse legal issues and problems in a range of contexts and identify relevant legal principles (CLOs 1.1, 1.5, 2.1)
- Formulate practical recommendations and advice to respond to clients' needs (CLO 2.2)
- Demonstrate professional legal writing skills for effective communication with clients and professional peers (CLO 4.1)
- Research appropriate legal authorities to support your arguments (CLO 3.1)
Content
The content of this unit includes:
- The nature and history of equity and trusts
- Equitable rights, titles and interests
- Equitable assignments
- Fiduciary obligations
- Other equitable obligations, which may include confidential information
- Estoppel in equity
- Unconscionable Transactions, which may include undue influence, unconscionable bargains and failed joint endeavours
- Equitable remedies which may include equitable personal remedies, equitable proprietary remedies and equitable monetary remedies
- Various types of trust including express, void and voidable trusts, resulting, constructive trusts, purpose and charitable trusts
- Manner and form of the creation and variation of trusts
- Duties, rights and powers of trustees
- Consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries
- The relationship between equitable, principles and remedies and environmental, social and governance considerations
- Legal writing skills
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’).
This unit covers all of the topics within the core areas of knowledge for Equity.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with opportunities for direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Your learning and engagement in this unit will be supported through weekly unit material, including interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
-
Engagement in live lectures;
-
Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem solving skills; and
-
Access to a wide range of resources designed to develop legal communication skills and the ability to resolve complex problems.
Feedback on Learning and Assessment
Feedback on the development of your learning and understanding of the content of the unit is provided through:
• your participation in the interactive tutorials
• individual and/or generic feedback on assessment
• generic feedback posted on the unit Canvas site for each item of assessment
• the option of consultation with a member of the teaching team during student consultation hours
Assessment
Overview
In this unit, you will be graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Letter, Memo
This assessment simulates the legal problem solving and legal writing work carried out by practising members of the legal profession in working with clients. Acting as a junior solicitor, you will write a letter of advice to a client with a supporting memorandum for the client file for a law firm partner.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination (theory)
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
GE Dal Pont, Equity & Trusts in Australia (Thomson Reuters, 8th ed, 2023)
Recommended text(s)
Tina Cockburn and Rebecca Wright, LexisNexis Questions and Answers: Equity and Trusts (LexisNexis Butterworths, 5th ed, 2021)
Gino Dal Pont and Tina Cockburn, Equity and Trusts in Principle (Thomson Reuters, 4th ed, 2019)
Gino Dal Pont, Equity & Trusts: Commentary and Materials (Thomson Reuters, 8th ed, 2023)
Tina Cockburn, James Byrnes and Rebecca Wright, Equity Nutshell (Thomson Reuters, 6th ed, 2024)
Gino Dal Pont, Trusts Nutshell (Thomson Reuters, 7th ed, 2022)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: Letter, Memo, Examination (theory) - The role of law in achieving sustainable futures
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: Letter, Memo, Examination (theory) - The role of law in achieving sustainable futures
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo
Unit Outline: Semester 2 2024, Online
| Unit code: | LLB205 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB202 or LWB137 |
| Anti-requisite: | LWB241, LWB240 |
Overview
This unit builds on LLB202 Contract Law and your studies in other common law units, with a focus on developing your critical analysis and legal writing skills. An understanding of equity and trusts is also required for admission to legal practice.
Learning Outcomes
On successful completion of this unit you will be able to:
- Apply knowledge of the principles of equity and trusts to analyse legal issues and problems in a range of contexts and identify relevant legal principles (CLOs 1.1, 1.5, 2.1)
- Formulate practical recommendations and advice to respond to clients' needs (CLO 2.2)
- Demonstrate professional legal writing skills for effective communication with clients and professional peers (CLO 4.1)
- Research appropriate legal authorities to support your arguments (CLO 3.1)
Content
The content of this unit includes:
- The nature and history of equity and trusts
- Equitable rights, titles and interests
- Equitable assignments
- Fiduciary obligations
- Other equitable obligations, which may include confidential information
- Estoppel in equity
- Unconscionable Transactions, which may include undue influence, unconscionable bargains and failed joint endeavours
- Equitable remedies which may include equitable personal remedies, equitable proprietary remedies and equitable monetary remedies
- Various types of trust including express, void and voidable trusts, resulting, constructive trusts, purpose and charitable trusts
- Manner and form of the creation and variation of trusts
- Duties, rights and powers of trustees
- Consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries
- The relationship between equitable, principles and remedies and environmental, social and governance considerations
- Legal writing skills
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’).
This unit covers all of the topics within the core areas of knowledge for Equity.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with opportunities for direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Your learning and engagement in this unit will be supported through weekly unit material, including interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
-
Engagement in live lectures;
-
Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem solving skills; and
-
Access to a wide range of resources designed to develop legal communication skills and the ability to resolve complex problems.
Feedback on Learning and Assessment
Feedback on the development of your learning and understanding of the content of the unit is provided through:
• your participation in the interactive tutorials
• individual and/or generic feedback on assessment
• generic feedback posted on the unit Canvas site for each item of assessment
• the option of consultation with a member of the teaching team during student consultation hours
Assessment
Overview
In this unit, you will be graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Letter, Memo
This assessment simulates the legal problem solving and legal writing work carried out by practising members of the legal profession in working with clients. Acting as a junior solicitor, you will write a letter of advice to a client with a supporting memorandum for the client file for a law firm partner.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination (theory)
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
GE Dal Pont, Equity & Trusts in Australia (Thomson Reuters, 8th ed, 2023)
Recommended text(s)
Tina Cockburn and Rebecca Wright, LexisNexis Questions and Answers: Equity and Trusts (LexisNexis Butterworths, 5th ed, 2021)
Gino Dal Pont and Tina Cockburn, Equity and Trusts in Principle (Thomson Reuters, 4th ed, 2019)
Gino Dal Pont, Equity & Trusts: Commentary and Materials (Thomson Reuters, 8th ed, 2023)
Tina Cockburn, James Byrnes and Rebecca Wright, Equity Nutshell (Thomson Reuters, 6th ed, 2024)
Gino Dal Pont, Trusts Nutshell (Thomson Reuters, 7th ed, 2022)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: Letter, Memo, Examination (theory) - The role of law in achieving sustainable futures
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: Letter, Memo, Examination (theory) - The role of law in achieving sustainable futures
Relates to: ULO1, Letter, Memo, Examination (theory) - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Letter, Memo, Examination (theory) - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Letter, Memo, Examination (theory) - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO4, Letter, Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, Letter, Memo