The problem in trusts law . The question is attached.

Order Description
Please use Australian Guide to legal citation ( AGLC ). You also use IRAC in the answer ( issues, regulations,application,conclusion).

Problem
Brief LWZ211
S21
6 Page
1 of 7
LWZ211
TRUSTS
S216
Problem Brief
Part 1
Objective
The objective is for you to develop the skill and knowledge necessary
to be competent to analyse, and formulate a reliable view in relation
to, common issues in trusts.
Your
Task:
In respect of each problem you
must try
to:
1.
identify the cases
that contain the principles that are
applicable to the problem;
2.
recognise, restate and apply
those
relevant principles;
3.
propound an explanation for
, and clarification of, those
principles
;
4.
develop the arguments as to how and why those principles
apply
to the facts of the problem
;
5.
arrive at
a theory
as to the probable outcome if the problem
facts were to go before a court for decision
;
6.
identify the exceptions, distinctions and factual variations that
might, if present, lead to a different outcome; and
7.
put forward a digest of any additional information that you
may feel is necessary in order to be more certain of your
analysis (if appropriate).
Applicable to Examination
When
you
encounter problems set
as examination questions or an
assignment topic you will need to write the report that
the text of the
problem specifies. W
riting the report is not required
for our
discussion of problems in our PAS seminars. However
you
need
to
prepare yourself as thought you were to write the report (notes, dot
points, cases and doctrine names at the very least). If you do not,
you will not learn from the experience.
Problem
Brief LWZ211
S21
6 Page
2 of 7
How do you prepare? Typically the problems will ask you to write a
report that
has been requested by the “team leader”. The report is
specified as defined in accordance with the terms of reference below.
Terms of Reference:
Assume that you are employed as a legal practitioner in a particular
legal firm
. It is the firm that
the client, respectively specified in each
of the following set
s of assumed facts, has approached for advice as
indicated by the facts of the problem.
Your role in the firm is as a member of a team of lawyers who work
together on contentious cases. Yo
u are regarded by the team leader
as
the team
-member who is most proficient in the field of trusts
. For
that reason, the team
leader
has asked you to write a report for his
or her information on the trusts aspects of the client’s problems to
assist the team leader to formulate the necessary advice.
Your
advice is also to be review
ed by all of the other members of the team
as part of the process of assembling an agreed advice for the client.
Your report is intended to exclusively concentrate on how
the
principles of trusts
appl
y in relation to the matters that arise
from
the
respective assumed facts. You have been asked for a
trusts
analysis
partly because of your expertise and also for the reason that other
lawyers in the team have been assigned to con
sider the implications
of other components of law.
The objective is to cover all elements of
applicable law by harmonising a range of specialist reports including
yours.
Also your report must take into account that the team leader does
not practise in the trusts field (nor do the other team members). For
that reason, none of them are currently familiar with the principles of
trusts. The team leader has
specifically instr
ucted you not to assume
any background knowledge on their part
and to
give
definitive
authority for any propositions that you assert
in case they may wish
to verify what you say.
In formulating your report, t
ry not to venture into other fields such as
statute or the laws of c
ontract,
property,
partnership and similar
unless to do so involves the application of principles and doctrines
that have been incidentally examined in the study of the
trusts
unit at
Charles Darwin University. In particular definitel
y avoid any
consideration of the law of t
ort,
consumer law, c
riminal law, f
amily
law and similar fields. Other members of the legal team have been
assigned to consider how those
components of law apply to the case.
PART 1