LAW 2502 - Equity

North Terrace Campus - Semester 1 - 2023

The course will begin by considering the historical basis and development of equity. The following areas will then be examined in detail: 1) equitable estoppel; 2) fiduciary obligations; 3) express trusts; (4) resulting and constructive trusts; (5) undue influence and (6) unconscionable conduct or `catching bargains?. Particular attention will be paid to the creation of express trusts, the rights, powers and duties of trustees, and remedies for breaches of trust and fiduciary obligation.

  • General Course Information
    Course Details
    Course Code LAW 2502
    Course Equity
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1503 or LAW 1510
    Incompatible LAW 2005
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Assessment To be advised, but likely to include an interim problem question essay (with a word limit of 2,500 words) worth 40% and a Take-Home Assignment of 6 hours duration (with a word limit of 4,000 words) worth 60%. This is provisional only.
    Course Staff

    Course Coordinator: Dr Francesco de Zwart

    Course Co-coordinator:
    Dr Francesco de Zwart
    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 
     



    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    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.)

    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)

    Attribute 1: Deep discipline knowledge and intellectual breadth

    Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.

    1, 2, 6

    Attribute 2: Creative and critical thinking, and problem solving

    Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.

    2, 3, 4

    Attribute 3: Teamwork and communication skills

    Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.

    3, 4

    Attribute 4: Professionalism and leadership readiness

    Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.

    1, 4, 6

    Attribute 5: Intercultural and ethical competency

    Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.

    2, 5

    Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency

    Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.

    2, 5

    Attribute 7: Digital capabilities

    Graduates are well prepared for living, learning and working in a digital society.

    2, 6

    Attribute 8: Self-awareness and emotional intelligence

    Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.

    2, 5
  • Learning Resources
    Required Resources
    The required textbook for this course is:

    Radan and Stewart, Principles of Australian Equity and Trusts (5th edition, LexisNexis, 2021).
    Recommended Resources
    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, 4th Edition, LexisNexis, 2019
    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
    Online Learning
    It is the intention of this course to record all lectures and place them on MyUni.

    It is also the intention of this course to record one of the seminars each week on ZOOM and place the recording on MyUni.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    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.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    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.

    Learning Activities Summary
    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 (FdZ)
    Week 6 Fraud in Equity (FdZ)
    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.
    Specific Course Requirements
    None other than set out in this course outline.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    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

    30% Individual 2.00pm Friday of First Week of Mid-semester Break being 
    14th April 2023
    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

    Case Analysis Assignment
     
    10% Individual 2.00pm
    Friday of 
    Week 12
    being 2 June
    2023
    1,000
    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 1, 2, 3, 4, 5
    Final Take Home Assignment 50% Individual 9.00am Thursday of Week 13 being 8 June to 5.00 pm Friday of Week 13 being 9 June 2023 32 hours (4,000 word limit) No 1, 2, 3, 4, 5
    Assessment Related Requirements
    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(s) a student receives for the Problem Question Assignment and Case Analysis Assignment are redeemable by the Final Take-Home Assignment 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 Take-Home Assignment 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 any item of interim assessment, the interim mark will count for 50% of the final mark with the Final Take-Home Assignment result making up the other 50%. If a student is entitled to redeem their mark for an item of interim assessment, and they perform better in the Final Take-Home Assignment, their Final Take-Home Assignment mark will count for 60% - 90% of their final mark in the subject, depending on which items of interim assessment are redeemed.
    Assessment Detail

    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 (30%)

    30% - 2,500 word limit - Due by 2.00 pm on First Thursday of the Mid-semester Break being Friday 14 April 2023


    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 30% 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. Case Analysis Assignment (10%)

    10% - 1,000 word limit - Due by 2.00 pm on Friday of Week 12 being Friday 2 June 2023


    The Case Analysis Assignment has a number of questions for a total of 100 marks. In the Case Analysis Assignment, students will be given a judgement of a case in Equity, and will be required to answer questions including identifying the material facts, identifying the issues for the court, expressing the ratio/rationes decidendi of the case and a question on the role of law, justice and morality.

    A late penalty of 5% of the student’s final mark per day or part thereof will be imposed.
    A word limit penalty of 5% of the student’s final mark per 100 words or part thereof over the limit will be imposed.
    Detailed instructions with marking criteria will be distributed with the Assignment.

    The Case Analysis 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. 


    5.Final Take Home Assignment (50%)


    32 hours
    4,000 word limit
    9.00 am Thursday of Week 13 being 8 June - 5.00 pm Friday of Week 13 being 9 June 2023

    A late penalty of 5% of the student’s final mark per hour or part thereof will be imposed.
    A word limit penalty of 5% of the student’s final mark per 100 words or part thereof over the limit will be imposed.
    Detailed instructions with marking criteria will be distributed with the Assignment.

    The Final Take-Home Assignment is NOT redeemable.


    Submission
    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. Case Analysis Assignment

    Submission process, late submission penalty and word length penalty for Case Analysis Assignment

    Submitted answers will be checked through the Turnitin plagiarism software.

    A late penalty of 5%
    of the student's final mark per 24 hours late or part thereof will be imposed.

    Word Limit: 1,000 words in total.
    You must place your total word count at the end of your answer document. A penalty of 5% of the student's final mark per 100 words or part thereof over the limit will be imposed. In-text referencing does not count in the wordcount. Footnote referencing does not count in the word count but cannot include any substantive discussion. Headings and sub-headings do not count in the wordcount provided they are reasonable in length.

    Style of written work for Case Analysis 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).


    3. Final Take Home Assignment 

    Submission process, late submission penalty and word length penalty for Final Take Home Assignment


    Submitted answers will be checked through the Turnitin plagiarism software.

    A late penalty of 5% of the student's final mark per hour late or part thereof will be imposed.

    Word Limit: 4,000 words in total. You must place your total word count at the end of your answer document. A penalty of 5% of the student's final mark per 100 words or part thereof over the limit will be imposed. In-text referencing does not count in the wordcount. Footnote referencing does not count in the word count but cannot include any substantive discussion. Headings and sub-headings do not count in the wordcount provided they are reasonable in length.

    Style of written work for Take-Home 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).


    3. 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 in the Course Information Module of the MyUni site for the course as soon as you are aware of the need for an extension, and before the due date of the 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.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    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.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    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.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    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.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.