Course Co-coordinator:
Dr Francesco de Zwart
Level 2, Room 2.18 Ligertwood Building

Phone: (08) 8313 8304
Email: francesco.dezwart@adelaide.edu.au

Lecturer
Associate Professor Beth Nosworthy
5th Floor Executive Offices
Ligertwood Building

Phone: (08) 8313 5543
Email: beth.nosworthy@adelaide.edu.au 
 

Lecturer
Dr Michaela Oknionski
Level 2, Room 2.06 Ligertwood Building

Phone: (08) 8313 3041
Email: michaela.okninski@adelaide.edu.au

On successful completion of this course, students will be able to:

1. Apply and evaluate the principles of equity, engaging actively with both primary and secondary materials.
2. Resolve complex equity problems, engaging in advanced critique of the operation of equity from a theoretical perspective.
3. Structure and sustain concise and persuasive written arguments for a legal audience.
4. Exercise appropriate judgement in conducting and analysing legal research and applying principles of equity.
5. Analyse the impact and operation of equity from a social and policy perspective, in the context of social and cultural diversity.
6. Research, apply and evaluate the principles of express trusts, including the duties, rights and powers of trustees and the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries, engaging actively with both primary and secondary materials.

The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia.

Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge. This course teaches the following topics within these core areas:

EQUITY:
The nature of equity
Equitable rights, titles and interests
Estoppel in equity
Fiduciary obligations
Unconscionable transactions       
Equitable remedies.

Trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries.  (It is expected that about half the course will be devoted to trusts.)

The required textbook for this course is:

Radan and Stewart, Principles of Australian Equity and Trusts (5th edition, LexisNexis, 2021).

Students might also find it useful to refer to the following:

1. Radan, Stewart and Vickovich, Principles of Australian Equity and Trusts Cases and Materials, 5th Edition, LexisNexis, 2022
2. Dal Pont, Equity and Trusts in Australia, 7th Edition, Thomson Reuters, 2019
3. Dal Pont, Equity and Trusts Commentary and Materials, 7th Edition, Thomsom Reuters, 2019

It is the intention of this course to record all lectures and place them on MyUni.

As this is a compulsory course in Undergraduate Law (LLB), seminars will not be recorded.

Learning and teaching in this course will take place through both lectures and seminars. Lectures will be supported and more fully developed by problem-solving seminars, so as to develop material introduced in lectures and aid students' understanding of the concepts.

Seminars will be held weekly, beginning in Week 2.  Seminars will both consolidate material covered in earlier lectures and canvas new material which will not be addressed in lectures.  Seminars are an important component of students' learning in this course. The communication skills developed by regular and active participation in seminar discussions are considered to be most important by the School and are highly regarded by employers and professional bodies.

In this course, each student will receive two (one hour) lectures plus one (one hour) seminar per week. It is essential to realize that the University expects full-time students (that is, those taking 12 units per semester) to devote a total of 48 hours per week to their studies. As Equity is a 3 unit subject, a student should devote approximately 12 hours to it a week (obviously this is an average figure, as some weeks will be very busy with the assignment or preparing for the exam, while other weeks will be less busy). As students can see, the total contact hours per student totals 3 hours per week. Therefore, a student in this course would be expected to do approximately 9 hours work per week for this course in addition to the lectures and seminars times. It is very important that students begin working on their own (in addition to attending lectures and seminars) from the very start of this course. Without doing this, students are compromising their own learning outcomes.

Schedule of Lecture Topics

Week 1	History and Nature of Equity (Francesco de Zwart)(FdZ)
Week 2	Express Trusts (Beth Nosworthy)
Week 3	Express Trusts (cont'd) (Beth Nosworthy)
Week 4	Express Trusts (cont'd) (Beth Nosworthy)
Week 5	Resulting Trusts (Michaela Okninski)
Week 6	Fraud in Equity (Michaela Okninski)
Week 7	Fraud in Equity (cont'd) (FdZ)
Week 8	Fiduciary Relationships (FdZ)
Week 9	Fiduciary Relationships (cont'd) (FdZ)
Week 10	Constructive Trusts (FdZ)
Week 11	Constructive Trusts (cont'd) (FdZ)
Week 12	Remedies (FdZ)

There may be changes in content and to the order in which the various topics are taught.

None other than set out in this course outline.

Assessment Task	Weighting	Assessment Type	Due	Length	Redeemable	Learning Outcome
Principles of Equity Quiz No 1	5%	Individual	9.00am Monday -5.00pm Friday of Week 7	10 questions	No	1, 2, 4, 5
Problem Question Assignment	50%	Individual	2.00pm Friday of First Week of Mid-semester Break	2,500 words	Yes, provided a mark of 40 % is achieved or a bona fide effort (as assessed by the course co-ordinator) has been made in respect of it	2, 3, 4, 5, 6
Principles of Equity Quiz No 2	5%	Individual	9.00am Monday -5.00pm Friday of Week 11	10 questions	No	1, 2, 4,  5
Final Examination	40%	Individual	Semester 1 Examination Period	2 hours	No	1, 2, 3, 4, 5

1. Lectures and Seminars Not Compulsory but Strongly Advised

It is NOT compulsory to attend lectures and/or seminars. However attendance is strongly advised.


2. Redeemable Grades

The Principles of Equity No. 1 Quiz and Principles of Equity No 2 Quiz components of the interim assessment are NOT redeemable.

The mark a student receives for the Problem Question Assignment is redeemable by the Final Examination provided that a mark of 40 per cent is obtained or a bona fide effort (as assessed by the course co-ordinator) has been made in respect of them.

The mark for the Final Examination is NOT redeemable.

Marks achieved in the interim assessment will be added together and make up the interim mark in the subject. If a student does not redeem the mark for the Problem Question Assignment, the interim mark will count for 60% of the final mark with the Final Examination result making up the other 40%. If a student is entitled to redeem their mark for the Problem Question Assignment, and they perform better in the Final Examination, their Final Examination mark will count for 90% of their final mark in the subject.

1.  Principles of Equity Quiz No. 1 (5%)

Students are required to complete a 10 question quiz in week 7 to test their understanding of the material covered in the Principles of Equity in Weeks 5-6.

The quiz is NOT redeemable.

2.  Problem Question Assignment (50%)

50% - 2,500 word limit - Due by 2.00 pm on the First Friday of the Mid-semester Break

This item of assessment will examine material covered in the first 4 weeks of lectures (and any material covered in tutorials up to the end of week 5). It will constitute 50% of the student’s final mark.

A 2,500 word limit applies.

This Problem Question Assignment is redeemable, provided a mark of 40 % or more is achieved or a bona fide effort (as assessed by the course co-ordinator) has been made in respect of it.


3.  Principles of Equity Quiz No. 2 (5%)

Students are required to complete a 10 question quiz in week 11 to test their understanding of the material covered in the Principles of Equity in Weeks 7-10.

The quiz is NOT redeemable.

4.  Final Examination (40%)

2 hours
Semester 1 Examination Period

The Final Examination is NOT redeemable.

All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.


1. Problem Question Assignment

Submission process for Problem Question Assignment:  You will be informed of all submission procedures when the assessment question is distributed.  Where possible, students will be requested to submit a copy of their assignment through Turnitin on MyUni.  By submitting a copy of your assignment through Turnitin you are agreeing to the following:
(a) I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy;
(b) I give permission for my assessment work to be reproduced and submitted to other  academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.

Late submission penalties for Problem Question Assignment: When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend and public holidays. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word length penalties for Problem Question Assignment:  5% of the total mark possible for a written assssment
will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5 % deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10 % will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliopgraphy or list of sources is excluded from any word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

Style of written work for Problem Question Assignment: All written work in the Law school is required to comply with the approved Law School style guide, the Australian Guide to Legal Citation, 4th Edition (available electronically at: https://law.unimelb.edu.au/mulr/aglc/about).


2. Extensions

Extensions beyond the due date will only be granted in the case of serious and unforeseen incapacity. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are NOT unexpected circumstances. If you require an extension, you will need to use the on-line application form available at: https://law.adelaide.edu.au/intranet/forms-downloads/assessment-task-extension as soon as you are aware of the need for an extension, and before the due date of the Problem Question Assignment.

The Course Coordinator will reply by email, determining whether an extension is warranted, what evidence is required to verify the student’s incapacity, and the length of the extension. Evidence of the incapacity must be submitted with the assignment, and must be consistent with details in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the extension are not consistent in all respects, the extension is nullified, and the assignment may be penalised.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.