• Offered by Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law

The objective of the course is to provide students with an overall understanding of the law of equity with special emphasis on fiduciary obligations, trusts, equitable assignment of propoerty and equitable remedies.  The course will consider the history of equity, basic principles which dominate its jurisprudence and the relevance of equity today; the nature of fiduciary obligations, recognised categories of fiduciaries and the extension of these categories in recent times, breach of fudiciary obligations, defences and remedies for the breach of fiduciary obligations; the requirements for express trusts, the liability of a third party to a breach of trust or fiduciary duty, and the remedies for breach of trust and fiduciary duty, including tracing.  The course then shifts its focus to equity more generally by considering the equitable rules for assignment of property and the remedies of specific performance and injunctions.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

The objective of the course is to provide students with an overall understanding of the law of equity with special emphasis on fiduciary obligations, trusts, equitable assignment of property and equitable remedies.

By the end of the course, students should be able to:

  • Explain and apply to a factual problem the law relating to fiduciary obligations, trusts (including express, resulting and constructive trusts), equitable remedies, tracing and equitable assignment. Such discussion should note any unresolved or ambiguous questions of law and propose a reasoned answer to the problem that acknowledges strengths and weaknesses of the arguments made;
  • Analyse and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts;
  • Describe, theorise and evaluate fundamental themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law, and how equity has been, and can be, used as a vehicle for social change.

Indicative Assessment

The assessment for this course will include a compulsory mid-semester component (format TBA) [25%], a compulsory, end of semester formal exam [45%], a compulsory tutorial participation component [10%], and a reading reflections component [20%]. The indicated mark allocations are based upon the 2013 assessment scheme and are subject to change.

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

There will be three hours of lectures (or equivalent) each week. In addition, there will be weekly tutorials from Week 3 – Week 13 of the semester. Tutorial attendance is compulsory. The workload expectation for a six-unit course at the ANU is 10 hours per week, including class contact hours. The workload for this course has been set with that expectation in mind.

Requisite and Incompatibility

To enrol in this course you must be studying the Juris Doctor Program and must have completed or be completing five LAWS 1000 or 6100 level courses. Additionally you must have completed LAWS2204/LAWS6204 Property.

Prescribed Texts

G E Dal Pont, Equity and Trusts: Commentary and Materials, ( Lawbook Co). The current edition of this casebook as at June 2014 will be prescribed. If in doubt, check with the course convenor.

Preliminary Reading

Chapter 1, Sarah Worthington, Equity, Clarendon Law Series, (2nd ed, 2006); ANU Library E Reserve.

Assumed Knowledge

The course assumes knowledge of contract, property and legal history. The subject reinforces and deepens understanding of doctrines referred to in other courses such as Contract, Property, Corporations Law, Restitution Law and Family Law.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2016 $3252
International fee paying students
Year Fee
2016 $4638
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Second Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
8602 18 Jul 2016 29 Jul 2016 31 Aug 2016 28 Oct 2016 In Person N/A

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions