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

    2021
  • Enrolment Period

    1
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

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 LAW3103.

Learning Outcomes

On completion of this unit students should be able to:

  1. Identify the purpose and outcomes of trusts within Australia.
  2. Apply principles of Anglo-Australian law of trusts in answers to practical problems.
  3. Discuss the process by which trusts are established and operated in Australia.
  4. Examine the main influencing factors of trusts, including the powers and duties of trustees and the remedies available to a beneficiary upon breach of trust.

Unit Content

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

Learning Experience

Students will engage in learning experiences through ECUs LMS as well as additional ECU l

Additional Learning Experience Information

Off-campus students will require regular online access. 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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentAssignment30%
AssignmentEnd of semester assignment60%
ONLINE
TypeDescriptionValue
ParticipationTutorial participation10%
AssignmentAssignment30%
AssignmentEnd of semester assignment60%

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|3|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

    2021
  • Enrolment Period

    2
  • Version

    3
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Kenneth Ee-Fan YIN

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 LAW3103.

Learning Outcomes

On completion of this unit students should be able to:

  1. Identify the purpose and outcomes of trusts within Australia.
  2. Apply principles of Anglo-Australian law of trusts in answers to practical problems.
  3. Discuss the process by which trusts are established and operated in Australia.
  4. Examine the main influencing factors of trusts, including the powers and duties of trustees and the remedies available to a beneficiary upon breach of trust.

Unit Content

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

Learning Experience

Students will engage in learning experiences through ECUs LMS as well as additional ECU l

Additional Learning Experience Information

Off-campus students will require regular online access. 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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentAssignment30%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ExaminationFinal Examination60%
ParticipationTutorial participation10%
AssignmentAssignment30%

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|3|2