|Semester 2, 2021 Ipswich On-campus|
|Short Description:||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 4|
|ASCED code :||090999 - Law not elsewhere classified|
|Grading basis :||Graded|
|Version produced :||28 October 2021|
Examiner: Julie Copley
Pre-requisite: LAW2212 and LAW2213
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 Bachelor of Laws program. Together with Property and Trusts A and Equity, it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the property and equity areas of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of property (specifically: legal and equitable remedies; statutory schemes of registration; acquisition and disposal of proprietary interests; concurrent ownership; proprietary interests in land owned by another and mortgages); and equity (specifically: trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation, including the duties, rights and powers of trustees, the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries).
LAW2223 Property and Trusts B continues the study of property and trusts law commenced in Property and Trusts A and builds upon the study of equitable principles begun in Equity.
The course examines important elements of Queensland legislation, and the Australian general law including equitable principles, as relevant to property law and trusts law in Queensland. The early focus of the course is on statutory schemes of registration for Torrens land, including detailed treatment of sale of land, leases, mortgages, easements and restrictive covenants, and related topics of fixtures and concurrent interests. The focus of the course then turns to trusts, with particular reference to the various kinds of trusts and the manner and form of their creation and variation: the duties, rights, duties and powers of trustees, the consequences of breach of trust, the statutory and equitable remedies available to beneficiaries and the respective rights of beneficiaries.
Students learn to apply the relevant legal (statutory and common law) and equitable principles in real and practical circumstances where interests are commonly in dispute.
On successful completion of this course students should be able to:
- Demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to Australian property law and trusts law], and underlying principles and concepts; the broader contexts within which legal issues arise [in the area of property and trusts]; and of the principles and values of justice and of ethical practice in lawyers’ roles (PO1/TLO1).
- Identify and articulate legal issues [relevant to Australian property law and trusts law]; [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; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to Australian property law and trusts law] (PO4/TLO4).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
- Learn and work independently; and reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development (PO6/TLO6).
- Identify applicable legislation and delegated legislation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems (PO7).
|1.||Legal and equitable remedies [Admission Rules 4(5)]||20.00|
|2.||Statutory schemes of registration [Admission Rules 4(6)]||10.00|
|3.||Acquisition and disposal of proprietary interests [Admission Rules 4(7)]||10.00|
|4.||Concurrent ownership [Admission Rules 4(8)]||10.00|
|5.||Proprietary interests in land owned by another [Admission Rules 4(9)]||10.00|
|6.||Mortgages [Admission Rules 4(10)]||10.00|
|7.||Trusts [Admission Rules 5(2)]||30.00|
Text and Materials
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=2021&sem=02&subject1=LAW2223)
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||Objectives Assessed||Notes|
|ONLINE TEST 1||20||20||29 Jul 2021||1,2,3,4,5,6||(see note 1)|
|ASSIGNMENT||40||40||26 Aug 2021||1,2,3,4,6|
|ONLINE TEST 2||40||40||21 Oct 2021||1,2,3,4,5,6||(see note 2)|
- Online Test 1 is a written legal problem solving and research assessment addressing reflective practice.
- Online Test 2 is written legal problem solving.
Important assessment information
Online: 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.
On-campus: It is the students' responsibility to attend and participate appropriately in all activities scheduled for them, and 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.
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.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items 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.
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.
There is no examination in this course.
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure https://policy.usq.edu.au/documents/14749PL.
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 a Bachelor of Laws 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.