MLL405 Equity and Trusts
MLL405 Equity and Trusts
Trimester 3 2022
Assessment Task 1 Research Paper
DUE DATE AND TIME:9 January 2023, by 8:00pm (AEDT)
PERCENTAGE OF FINAL GRADE:40%WORD COUNT:3,000
Description
This assignment gives you the opportunity to demonstrate your ability to undertake legal research in the field of equity and trusts. You will be able to further develop your research skills, and to use those skills to answer important legal questions concerning the distinctive character of equitable principles and remedies.
You may write your research paper individually, or in pairs.
The audience for your research paper is the Unit Chair or someone with a similar degree of knowledge about and interest in private law, equity and trusts.
Your research paper should be an essay in an academic style, of the sort that one might read in (for instance) the Australian Law Journal or the Australian Bar Review. There is a long tradition in Australia and Britain of leading members of the legal profession setting out their arguments about legal doctrines and legal developments in this style, and works of this sort are often cited by judges in their own reasoning about what the law requires.
Specific Requirements
Here is the topic/question for the research paper; it is followed by some additional notes and hints:
In Target Holdings v Redfern [1966] 1 AC 421 Lord Browne-Wilkinson asked whether trustees were liable to compensate the beneficiary not only for losses caused by the breach but also for losses which the beneficiary would, in any event have suffered, even if there had been no such breach? (at 437)
Courts have adopted different views as to the basis of an award for equitable compensation for misapplied trust property.
Some have focussed on the performance of the fiduciary and awarded compensation on the basis of the breach of fiduciary duty alone; while others have analysed whether the breach caused the loss.
Compare these approaches and reasons for them.
Your analysis may consider (without being required or limited to):
The significance of, and responses to, the remarks of Street J in Re Dawson (decd); Union Fidelity Trustee Co Ltd V Perpetual Trustee Co Ltd [1966] 2 NSWR 211 (NSWSC) that earlier authority established an approach (that did) not appear to involve any inquiry into whether the loss was caused by or flowed from the breach (but) whether the loss would have happened if there had been no breach. (at 215)
whether the remedial response differs according to the nature of the duty that has been breached
whether, in what circumstances, and to what extent, evidence may be led that the transactions caused by the unauthorised acts would have proceeded regardless of the defaulting fiduciarys conduct
whether the case law is tending towards a uniform approach to the issue
Your discussion must include detailed case analyses.
The judgments referred to in the question (above), and the readings and lectures on equitable remedies and equitable compensation, provide you with a starting point for answering the question set out above.
However, you must undertake additional research and reading in order to produce a strong argument ad complete a strong assignment.
Additional instructions
Please ensure that you write in clear and grammatical English. Consistently with the remarks about audience above, please use a formal tone and an appropriate structure. Two hallmarks of a good structure are
that the heading of each section accurately describes what is dealt with in that section, and
that the sequence of paragraphs within each section, and of sections overall, present a logically coherent and unfolding response to the questions asked.
Please follow AGLC 4 style for all features of your assignment, including referencing, formatting, and punctuation.
Please include a bibliography at the end of your submitted paper, beginning on a separate page.
It is important to note that the word limit is strict and includes headings and footnotes but not the bibliography. Any additional words will not be read by the examiner.
Learning Outcomes
This task allows you to demonstrate achievement towards the following unit learning outcomes. These ULOs are aligned with specific graduate learning outcomes that is, the skills and knowledge graduates are expected to have upon completion of their studies and this assessment task is an important tool in determining achievement of those outcomes. If you do not demonstrate achievement of the unit learning outcomes, you will not be successful in this unit.
It is good practice to familiarise yourself with the ULOs and GLOs as they provide guidance on the knowledge, understanding and skills youre expected to demonstrate upon completion of the unit. In this way they can be used to guide your study.
Unit Learning Outcomes (ULO) Graduate Learning Outcomes (GLO)
ULO 1: Demonstrate understanding of the historical evolution of the equity jurisdiction, and appreciate the distinction between legal and equitable principles and remedies. GLO1: Discipline-specific knowledge and capabilities
ULO 2: Demonstrate understanding of some of the relational principle of equity undue influence unconscientious dealing and fiduciary principles and the scope of the remedies that exist in the equity jurisdiction. GLO1: Discipline-specific knowledge and capabilities
ULO 3: Demonstrate understanding of the nature of trusts and the duties and rights of beneficiaries. GLO1: Discipline-specific knowledge and capabilities
ULO 4: Develop the skills to research edit and write a collaborative research assignment. GLO2: Communication
GLO3: Digital literacy
Submission
You are to submit your assignment in the individual Assignment Dropbox in the MLL405 CloudDeakin unit site on or before the due date.
The name and student number of the student or students making the submission must appear on the front page of the document.
If you are submitting an individual assignment, please name your document using the following syntax: <family name_student ID_MLL405.doc (or .docx)>. For example: Bozzi_12345679_MLLL405.doc.
If you are submitting an assignment as a pair, each member of the pair should upload the same document, which should be named using the following syntax: <family name of first member_first student ID_family name of second member__second student ID_MLL405.doc (or .docx)>. For example: Emerton_123456789_Campbell_987654321_MLL405.docx.
Submitting a hard copy of this assignment is not required.
You must keep a backup copy of every assignment you submit, until the marked assignment has been returned to you. In the unlikely event that one of your assignments is misplaced, you will need to submit your backup copy.
Any work you submit may be checked by electronic or other means for the purposes of detecting collusion (other than your work as a group) and/or plagiarism.
When you submit an assignment through your CloudDeakin unit site,you will receive an email to your Deakin email address confirming that it has been submitted.You should check that you can see your assignment in the Submissions view of the Assignment Dropbox folder after upload,and check for,and keep,the email receipt for the submission.
Marking and feedback
The marking rubric for this task will be provided as soon as possible, and will be available on the MLL405 CloudDeakin unit site in the Assessment folder (under Assessment Resources).
It is always a useful exercise to familiarise yourself with the criteria before completing any assessment task. Criteria act as a boundary around the task and help identify what assessors are looking for specifically in your submission. The criteria are drawn from the units learning outcomes ensuring they align with appropriate graduate attribute/s.
Identifying the standard you aim to achieve is also a useful strategy for success and to that end, familiarising yourself with the descriptor for that standard is highly recommended.
Students who submit their work by the due date will receive their marks and feedback on CloudDeakin 15 working days after the submission date.
Extensions
Extensions will only be granted for exceptional and/or unavoidable circumstances outside the students control. Any extension granted to a member of a group will extend the submission date for that groups assignment. This will be communicated to all group members, but the identify of the group member granted an extension, and the reasons for the grant of an extension, will be kept confidential.
If you are seeking an extension for the assignment please follow the procedure outlined on the Deakin University assignments page at:
https://www.deakin.edu.au/students/studying/assessment-and-results/assignmentsPlease note: Requests should be submittedbefore the assignment is dueand as soon as you realise you will have difficulty meeting the due date/time.You must provide a valid reason for the extension and the length of time you are seeking for the extension. You may be asked to supply supporting documentation about the difficulties you are facing, and evidence of the work you have completed so far.
Please also note the basis and application process for Special Consideration.
Late submission
The following marking penalties will apply if you submit an assessment task after the due date without an approved extension: 5% will be deducted from available marks for each day up to five days, and work that is submitted more than five days after the due date will not be marked and will receive 0% for the task.
'Day' means working day for paper submissions and calendar day for electronic submissions. The Unit Chair may refuse to accept a late submission where it is unreasonable or impracticable to assess the task after the due date.
Calculation of the late penalty is as follows: this is based on the assignment being due on a Thursday at 8:00pm
1 day late: submitted after Thursday 11:59pm and before Friday 11:59pm 5% penalty (2 marks).
2 days late: submitted after Friday 11:59pm and before Saturday 11:59pm 10% penalty (4 marks).
3 days late: submitted after Saturday 11:59pm and before Sunday 11:59pm 15% penalty (6 marks).
4 days late: submitted after Sunday 11:59pm and before Monday 11:59pm 20% penalty (8 marks).
5 days late: submitted after Monday 11:59pm and before Tuesday 11:59pm 25% penalty (10 marks).
Dropbox closes the Tuesday after 11:59pm AEST time.
Support
The Division of Student Life provides a range of Study Supportresources and services, available throughout the academic year, includingWriting MentorandMaths Mentor online drop insand the SmartThinking 24 hour writing feedback service at this link. If you would prefer some more in depth and tailored support,make an appointment online with a Language and Learning Adviser.
Referencing
Any material used in this assignment that is not your original work must be acknowledged as such and appropriately referenced. You can find information about plagiarism and other study support resources at the following website: http://www.deakin.edu.au/students/study-supportAcademic misconduct
For information about academic misconduct, special consideration, extensions, and assessment feedback, please refer to the document Your rights and responsibilities as a student in this Unit in the first folder next to the Unit Guide in the Resources area of the CloudDeakin unit site.
Rubric
Performance level/ Criteria (marks available out of 40) N (029) N (3049) P (5059) C (6069) D (7079) HD (80100)
Research (8)
ULO1, ULO2, ULO3, ULO4, GLO1, GLO3 0.02.32 marks
No additional research 2.43.92 marks
Little additional research 4.04.72 marks
Some additional research 4.85.52 marks
Additional research, both cases and academic works 5.66.32 marks
Significant additional research, both cases and academic works 6.48 marks
Extensive additional research, both cases and academic works
Understanding of technical legal issues (12)
ULO2, ULO3, GL01 0.03.48 marks
Fails to identify the issues 3.65.88 marks
Significant technical errors in the attempt to identify the issues 6.07.08 marks
Correctly identifies some of the issues, but with technical errors 7.28.28 marks
Identifies most of the issues, with some technical errors 8.49.48 marks
Identifies most of the issues, with few technical errors 9.612 marks
Correctly identifies all of the issues
Insight into Australian equity (4)
ULO1, GL01 0.01.16 marks
No conclusion drawn about Australias equity jurisdiction 1.21.96 marks
Simplistic approach to characterising Australian equity (eg generic reference to conscience) 2.02.36 marks
Some attempt at charactering Australian equity by reference to the role of knowledge in third party liability 2.42.76 marks
An account of the character of Australian equity, with some clarity about is relationship to the legal analysis 2.83.16 marks
An account of the character of Australian equity that draws clearly on the legal analysis 3.24 marks
Sophisticated account of the character of Australian equity, that draws on the legal analysis in a sound fashion
Academic writing, including structure, analysis and argument (12)
ULO4, GL02 0.03.48 marks
The entirety of the assignment is unclear and lacks structure, analysis and argument 3.65.88 marks
The assignment has some structure, but overall lacks any clear analysis or argument 6.07.08 marks
The assignment has some structure, and its analysis and argument are clear at some points 7.28.28 marks
The assignment has a structure, including an introduction, and is generally clear in its analysis and argument 8.49.48 marks
The assignment has a clear structure, and is clear in its analysis and argument 9.612 marks
The assignment has a very clear structure, and is strong in its analysis and argument
Presentation: spelling, syntax, punctuation and AGLC4 compliance (4)
ULO4, GL02 0.01.16 marks
A large number of errors in one or more respects 1.21.96 marks
A number of errors in one or more respects 2.02.36 marks
Some errors 2.42.76 marks
Few errors 2.83.16 marks
Few errors, and no significant errors 3.24 marks
No errors
