LAW5223 Advanced Property and Trusts B
|Semester 2, 2019 Online|
|Short Description:||Advanced Property and Trusts B|
|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Student contribution band :||Band 3|
|ASCED code :||090900 - Law|
|Grading basis :||Graded|
Examiner: Sarah Butcher
Pre-requisite: (LAW5212 and LAW5213) or (LAW5705 and LAW5703)
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
This is a core course in the Juris Doctor. The content is required study under the guidelines of the Legal Practitioners Admissions Board. It is necessary for students wishing to seek admission to practice law to understand the fundamental aspects of Property Law and Trusts (including the responsibilities and liabilities of all those involved in this structure).
This course continues the study of property law commenced in Property and Trusts A. It particularly looks at leasing, mortgages, easements and restrictive covenants. Following this, legal and equitable interests in property will be covered which leads into the second part of the course, which is devoted to the law of trusts. The focus is on the commercial use of trusts as a means of holding particular interests in property. The use of trusts as a business form and method of property management continues to be popular and it is necessary to appreciate the rights and responsibilities that arise in this context. Students will consider all potential legal risks and liabilities that come with this structure.
On successful completion of this course students should be able to:
- demonstrate academic and professional literacy skills by identifying, describing and evaluating the general policies underlying the law of property in Australia
- describe how law protects various property interests
- demonstrate an understanding of how property is created, transferred and secured
- outline the resolution of disputes involving competing proprietary interests
- understand the fragmentation of property rights and the existence of differing proprietary interests
- describe the features and elements of all forms of trust
- identify the different types of trusts and how they may be created whether expressly or by operation of law
- recognise the roles, duties and fiduciary obligations of all parties to a trust relationship and liabilities obligations to third parties
- apply all relevant equitable principles to trust relationships in commercial and personal problems with a view to providing practical advice
- display a fundamental knowledge of the essential concepts
demonstrate satisfactory skills in:
- legal problem-solving
- comprehension of legal and other materials
- analytical and critical thinking – including analysis of law and facts
- logical analysis and reasoning in the presentation of legal and other arguments, including the application of law to factual scenarios in the presentation of solutions to legal issues and problems
- written and oral communication
- legal writing and research
- apply drafting skills to the creation of trusts
- statutory interpretation
Within the range of outcomes above, students should also be able to demonstrate the following graduate attributes:
- knowledge which includes the fundamental principles of property law as taught in this course, and underlying principles and concepts, including indigenous perspectives; the broader contexts within which legal issues arise, including the ability to critically evaluate and examine the broader context within which legal issues arise, including, for example, the political, social, historical, philosophical and economic context
- thinking skills which include the ability to identify and articulate legal issues; comprehend legal and other materials; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; think creatively in approaching legal issues and generating appropriate responses; and to apply principles of statutory interpretation to interpret statutory instruments
- research skills, being the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise relevant factual, legal and policy issues
- communication skills; the ability to communicate effectively, appropriately and persuasively for the relevant context.
|2.||Proprietary interests in land owned by another (including mortgages, easements and restrictive covenants)||10.00|
|3.||Legal and equitable interests (including unregistered interests)||15.00|
|5.||Fundamental features and elements of trusts (including trust types)||20.00|
|6.||Trusts that arise by operation of law||10.00|
|7.||The powers and fiduciary duties of trustees||10.00|
|8.||The rights and remedies of parties dealing with the trust.||10.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2019&sem=02&subject1=LAW5223)
Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
Student workload expectations
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ONLINE TEST||15||15||05 Aug 2019||(see note 1)|
|RESEARCH ASSIGNMENT||35||35||26 Aug 2019||(see note 2)|
|EXAMINATION||50||50||End S2||(see note 3)|
- The online test will include (10%) assessment of Statutory Interpretation, 'Explain the legislative process and identify applicable legislation and delegated legislation, general principles of statutory interpretation, understand and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretive problems'. It will include (5%) assessment of Self-management and, in particular, 'Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development
- The research assignment, with a focus on land law, will require demonstration of the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues.
- This will be an open examination comprised of problem-solving and essay questions, relating to trusts in practical and commercial situations, and requiring application and examination of statutory provisions, common law and equitable principles. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.
Important assessment information
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
This will be an open examination. Candidates may have access to any printed or written material during the examination.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examinations for this course will be held during the next examination period.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Referencing in assignments:
Students studying this course as part of the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/help/referencing/default.htm, or contact the Law librarian.
- Students may be required to submit assignments electronically.
- Students may be required to use Turnitin.