最新糖心Vlog

Location:                      Room 328 Ligertwood Building

                                   Telephone:         8313 4447 (work)

                                   email:    david.wright@adelaide.edu.au

                                   Course Website:           

In this course, each student will receive two (one hour) lectures plus one (one hour) seminar per week.

All lectures will be held in Barr Smith Lecture theatre.

The Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South 最新糖心Vlog. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge (also known as the Priestly 11). This course teaches the following topics within these core areas: history and nature of equity, fraud in equity (including undue influence, equitable fraud, unconscionability, mistake, misrepresentation and estoppel), express trusts, resulting trusts, fiduciary relations, constructive trusts and remedies.

The Priestly 11 constitute the subjects that must be satisfactorily studied if the student wants to be admitted by the courts to work as a lawyer.  Equity is one of the Priestly 11.    The Priestly committee requires certain topics must be in the taught in the law degree.  These are:

1 (a) The nature of equity

(b) Equitable rights, titles and interests

(c) Equitable assignments

(d) Estoppel in equity

(e) Fiduciary obligations

(f) Unconscionable transactions

(g) Equitable remedies.

AND

2) 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.

OR

Topics of such breadth and depth as to satisfy the following guidelines.

The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trusts law should be dealt with: various kinds of trusts; the rights, duties, powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included.

This course has been structured to reflect these requirements.  Essentially the course is structured in line with second alternative.  So, the course will cover the elements of trust law, some equitable doctrines (in addition, to those relating to trusts, and equitable remedies).

In addition to the description of the Priestly 11 components of the course above, a student who has successfully completed Equity will have:

1. Knowledge and understanding of the content and techniques of the Law of Equity at advanced levels that are internationally recognised.
2. The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner.
3. An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems.
4. Skills of a high order in interpersonal understanding, teamwork and communication 
    

The required textbook for this course is “Principles of 最新糖心Vlogn Equity and Trusts” (2nd edition, 2013) by Radan and Stewart. This is published by Lexis Nexis and was published in 2013.

Very useful for this course is the brief book by Dal Pont and Cockburn “Equity & Trusts: In Principle”, 3rd Edition. Although this book is extremely useful (as it has problems with solutions), it should not be used as a replacement for the required casebook. Rather, it is should be considered as a supplement to the required textbook.  It is a summary book, so it is very short.  But it keep it short it has to make generalisatiomns about the law, which are generally accurate but for brevity it cannot go into detail.  A lot of the law of Equity is in the detail.

Also very useful (but very difficult) is “Meagher, Gummow & Lehane's Equity: Doctrines and Remedies” (4th ed) by Meagher; Heydon and Leeming.  It suffers from almost too much detail.  And it assumes that you already know Equity.  It is not the book to first go to find out about an area of Equity.  But it is a great Equity book.

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

The approach to learning and teaching for this course is by lectures and seminars. The relationship of these is that 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 the student’s learning in this course. The communication skills developed in seminars by regularly and actively participating in 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. It is essential to realize that the 最新糖心Vlog 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.

TOPICS

•  History and Nature of Equity (What it is?)        (week 1)                     
• Express Trusts                                                (weeks 2 and 3)
• Resulting Trusts                                              (week 4)
• Fraud In Equity (including undue influence, equitable fraud, unconscionability, mistake, misrepresentation and estoppel)                      (weeks 5 and 6)
• Fiduciary Relations                                          (weeks 7 and 8)
• Constructive Trusts                                         (weeks 9-10)
• Remedies                                                       (week 11)
• Summary of the Course/ Revision                     (week 12)

Assessment Item	% of final mark	Due date	Length	Redeemable	Learning Objectives
Case Analysis	20%	Case Analysis 1 2pm Friday 13th March 2015 Case analysis 2 2pm Friday 27th March 2015		Yes (provided the mark is a passing one)	[1-4]
Casenote	20%	2pm Monday 20th April 2015	1500 words	Yes (provided the mark is a passing one)	[1-4]
Final Exam (Comprising of a take home and invigilated exam)	60%, 80% or 100%	Exam Period		No	[1-4]

It is NOT compulsory to attend lectures and/ or seminars. However attendance is strongly advised.The mark(s) a student receives for the casenote and/ or the case analysis is redeemable by the exam provided that the mark is a passing one. That is, the exam may count for 100% of the mark for this course, provided the mark for the casenote/ case analysis is greater than or equal to 50%. The mark for the exam is NOT redeemable. The best way to understand this assessment scheme is by examples. Example 1; say the student receives 60% for the case analysis, 90% for the casenote and 80% for the exam, the mark for the case analysis will be discarded and only the marks for the casenote and the exam will be counted. Example 2; say the student receives 90% for the case analysis, 60% for the casenote and 80% for the exam, the mark for the casenote will be discarded and only the marks for the case analysis and the exam will be counted. Example 3; say the student receives 80% for the case analysis, 90% for the assignment and 90% for the exam, the mark for the case analysis, the mark for the casenote and the exam will be counted.

Case Analysis 20%

This case analysis has two parts.  Each part will take the form of an online quiz. Each part will focus primarily on one case, the identity of which students will be told in advance. This quiz is to enhance the student’s case reading ability. This ability is an extremely important skill for a good lawyer. In a court like the High Court frequently there are many judgments. Even within the majority judgment there may be multiple judgments, demonstrating subtle (and sometimes not so subtle) differences in judicial reasoning. It is imperative that students have the skill to emphasis both the similarities and divergences in the judgments in the one case. The content of the law (that is, what the laws is) is NOT the focus of this case analysis. So although this is an Equity case, the case analysis won’t be a test of your Equity knowledge. Rather, it will examine the ability to grapple with multiple judgments in one case. Each part is worth 10% of the overall grade.  So in total this on line case analysis will constitute 20% of the student’s final mark. It is redeemable provided the mark achieved is a passing one.

Casenote 20%

The casenote is compulsory.  The mark a student receives for the casenote is redeemable by the exam provided that the casenote mark is a passing one.

The casenote involves a case relating to Express Trusts (topic two).

The due date for the assignment is Tuesday 2pm, 7^th April.  Late submission of the assignment will incur a penalty.  The penalty will be 10% for each day late (or part thereof) without the permission of the course co-ordinator.  Such extensions will not be lightly granted, for example, work commitments will not generally be grounds for an extension.  Maintaining this example, if there is a chance that work commitments may interfere with the submission of the assignment, it is strongly advised that the student prepares his/ her answer well in advance of the due date.  Actually, this is good advice for all students.

The word limit for the casenote (including all footnotes) is 1500 words.  Casenotes in excess of this limit will incur a penalty.  The penalty is 5% per 100 (or part thereof) words over the word limit.

The substance of the casenote question (the relevant part of topic 2) will NOT form the focus of any examination question.  Of course, it may arise in the examination in an indirect and minor way. 

Final Exam 60%, 80% or 100%

The final exam will consist of two questions, both of which must be attempted.  The final exam will consist of two parts.  The first part will be a take home exam, while the second part will be a regular exam held in the regular exam period of June/ July.  The two parts will have equal weighting and the marks allocated to each part of the final exam will be the same. 

Both parts of the final exam are compulsory. 

Regarding the take home exam, there will be one question.  All students are to attempt this question.  The word limit for the take home exam is 800 words.  Answers to the take home exam in excess of this limit will incur a penalty.  The penalty is 5% per 100 (or part) words over the word limit.  It is due on the 16^th of June at 2pm.  Late submission of the answer will incur a penalty.  The penalty will be 10% for each day late (or part thereof) without the permission of the course co-ordinator.  The question will be distributed at noon (or just before) on Friday 12th June

Regarding the regular exam, the usual exam criteria apply.  There will be one question.  All students are to attempt this question.  This exam will go for one hour (plus reading time).  It is an open book examination, so any material (except library books) can be taken into the exam.     

Reminder It is very important to remember that the 最新糖心Vlog requires students to be available for exams as scheduled.  This applies to both the Primary and Supplementary/ replacement exams.

Exam period: Semester 1

You will be informed of all submission procedures. Penalties for both late submission and breach of the word limit are listed above. The casenote will be returned, having been marked and comments provided, three weeks from the due date. The final exam will be returned after the Board of Examiners meeting in late July/ early August.

Late Submission: 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. 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. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

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

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.

For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/

 

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

Plagiarism and other forms of cheating

Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2014, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the 最新糖心Vlog.

Plagiarism is a serious matter and is treated as such by the Law School and the 最新糖心Vlog. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South 最新糖心Vlog to refuse to admit a person to practice as a legal practitioner in South 最新糖心Vlog.

Academic honesty 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.

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