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The current and official versions of the course specifications are available on the web at https://www.usq.edu.au/course/specification/current.
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LAW5223 Advanced Property and Trusts B

Semester 2, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
Grading basis : Graded
Version produced : 30 June 2022

Staffing

Examiner: Darryn Jensen

Requisites

Pre-requisite: LAW5212 and LAW5213

Overview

This is a core course in the Juris Doctor 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).

LAW5223 Advanced Property and Trusts B continues the study of property and trusts law commenced in Advanced Property and Trusts A and builds upon the study of equitable principles begun in Advanced 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.

Course learning outcomes

On successful completion of this course students should be able to:

  1. Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of a complex 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; and contemporary developments in law, and its professional practice (PO1/TLO1).
  2. Identify and articulate complex legal issues [relevant to Australian property law and trusts law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as 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).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Learn and work with a high level of autonomy, accountability and professionalism; 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).
  6. 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).

Topics

Description Weighting(%)
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 required to be purchased or accessed

Bryan, M.W., Vann, V.J. and Barkehall, T.S 2017, Equity and Trusts in Australia, 2nd edn, Cambridge University Press, Melbourne, Victoria.
(or most recent edition.)

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Problem Solving 1 No 20 1,2,3,4,5,6
Assignments Written Essay No 40 1,2,3,4,6
Assignments Written Problem Solving 2 No 40 1,2,3,4,5,6
Date printed 30 June 2022