School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law of Trusts
  • Unit Code

    LAW3107
  • Year

    2017
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Anthony Joseph HEVRON

Description

This unit considers the modern law of trusts in Australia focusing on express, resulting and constructive trusts. The unit examines the main features of trusts. The powers and duties of trustees both under the Trustees Act 1962 (WA) and at common law and the remedies available to beneficiaries for breach of trust.

Prerequisite Rule

Students must pass 1 unit from LAW3103

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse and critically apply the current principles of Anglo-Australian law of trusts in answers to practical problems in examination conditions and in an assignment, so as to demonstrate an understanding of the relevant doctrines and principles of Anglo-Australian law of trusts.
  2. Analyse and discuss the main influencing factors of trusts, including the powers and duties of trustees and the remedies available to a beneficiary upon breach of trust.
  3. Discuss and demonstrate an understanding of the process by which trusts are established and operated in Australia.
  4. Identify the purpose and outcomes of trusts within Australia.

Unit Content

  1. Beneficiaries and Remedies.
  2. Charitable Trusts.
  3. Constructive Trusts.
  4. Resulting Trusts.
  5. The Nature of Trusts.
  6. The Variation and Termination of Trusts.
  7. The powers, duties and liabilities of Trustees.
  8. The requirements for the creation of Express Trusts.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On campus students are attend a three-hour seminar or lecture/tutorial per week. Off-campus students will access the unit via Blackboard. Regular online access is required. Online tutorials will make use of technology that requires participants to use a headset with microphone. Tutorial discussions provide an opportunity for students to construct and substantiate persuasive legal arguments in relation to the availability of trusts as a remedy.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
TestMid-Semester Test (Take Home) or Assignment at the Student's Election30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentMid-Semester Test (Take Home) or Assignment at the Student's Election30%
ExaminationFinal examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3107|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law of Trusts
  • Unit Code

    LAW3107
  • Year

    2017
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Anthony Joseph HEVRON

Description

This unit considers the modern law of trusts in Australia focusing on express, resulting and constructive trusts. The unit examines the main features of trusts. The powers and duties of trustees both under the Trustees Act 1962 (WA) and at common law and the remedies available to beneficiaries for breach of trust.

Prerequisite Rule

Students must pass 1 unit from LAW3103

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse and critically apply the current principles of Anglo-Australian law of trusts in answers to practical problems in examination conditions and in an assignment, so as to demonstrate an understanding of the relevant doctrines and principles of Anglo-Australian law of trusts.
  2. Analyse and discuss the main influencing factors of trusts, including the powers and duties of trustees and the remedies available to a beneficiary upon breach of trust.
  3. Discuss and demonstrate an understanding of the process by which trusts are established and operated in Australia.
  4. Identify the purpose and outcomes of trusts within Australia.

Unit Content

  1. Beneficiaries and Remedies.
  2. Charitable Trusts.
  3. Constructive Trusts.
  4. Resulting Trusts.
  5. The Nature of Trusts.
  6. The Variation and Termination of Trusts.
  7. The powers, duties and liabilities of Trustees.
  8. The requirements for the creation of Express Trusts.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On campus students are attend a three-hour seminar or lecture/tutorial per week. Off-campus students will access the unit via Blackboard. Regular online access is required. Online tutorials will make use of technology that requires participants to use a headset with microphone. Tutorial discussions provide an opportunity for students to construct and substantiate persuasive legal arguments in relation to the availability of trusts as a remedy.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
TestMid-Semester Test (Take Home) or Assignment at the Student's Election30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentMid-Semester Test (Take Home) or Assignment at the Student's Election30%
ExaminationFinal examination60%

Core Reading(s)

  • Radan, P., & Stewart, C. (2013). Principles of Australian equity and trusts. (2nd ed.). Chatswood, NSW: LexisNexis Butterworths.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3107|1|2