The course considers equitable doctrines and issues not generally studied at undergraduate level or that are the subject of recent litigation or academic challenge. The focus is upon doctrinal and theoretical questions relevant to commercial legal practice in Australia and will cover four broad topics (the specific doctrines studied in each area may vary):
- Relief from contractual obligations (unconscionable dealings, undue influence, relief against penalties and forfeiture);
- Relationships of trust and confidence (current issues in trust and fiduciary law, accessory liability, remedies and tracing);
- Allocating liability (subrogation);
- Equity in context (unjust enrichment and the taxonomy of private law, equity's interaction with statute law).
Upon successful completion, students will have the knowledge and skills to:
A participant who successfully completes this course should be able to
- demonstrate an understanding of the doctrines and remedies studied in the course;
- apply that understanding to resolve a hypothetical factual problem involving equitable doctrines and remedies;
- demonstrate an understanding and critical evaluation of current issues and problems studied in the course at both a doctrinal and conceptual level;
- describe and critically evaluate in a sustained piece of legal writing an issue relating to at least one topic studied in the course.
This is an intensive course with 4 days of compulsory attendance required (see LLM timetable for dates).
Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.
The goals of the course and desired learning outcomes will be achieved by two pieces of assessment:
- a take-home exam worth 50%
- an essay worth 50%
Students must rely on the approved Course Study Guide which will be posted to the Wattle course page approximately 4 weeks prior to the commencement of the course.
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.
26 Contact Hours (Intensive Delivery) plus private study and reading time.
Requisite and Incompatibility
Prescribed TextsThe prescribed text for this course is G E Dal Pont, Equity and Trusts: Commentary and Materials (5th ed, 2011)
A Course Study Guide will be available approximately 4 weeks from the commencement of the course on the Wattle course site.
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:
- 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.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|6818||01 Sep 2016||01 Sep 2016||16 Sep 2016||17 Oct 2016||In Person||N/A|