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 and evaluate fundamental themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law.
Other Information
This course assumes a knowledge of contract, property and legal history. The subject reinforces and deepens understanding of specific doctrines referred to in other courses such as Contracts, Property, Corporations Law and Family Law.
Indicative Assessment
The assessment for this course will include a compulsory mid-semester component (format TBA) [25%], a compulsory, end of semester formal exam [65%] and a compulsory tutorial participation component [10%]. The indicated mark allocations are based upon the 2013 assessment scheme and are subject to change.
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Workload
There will be three hours of lectures (or equivalent) each week. In addition, there will be weekly tutorials from Week 3 of the semester. Tutorial attendance is compulsory. Students are generally expected to devote at least 10 hours overall per week to this course.Requisite and Incompatibility
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.
A reading guide will be available on Wattle and on the course home page.
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 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2018 | $3420 |
- International fee paying students
| Year | Fee |
|---|---|
| 2018 | $4860 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
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 |
|---|---|---|---|---|---|---|
| 7328 | 23 Jul 2018 | 30 Jul 2018 | 31 Aug 2018 | 26 Oct 2018 | In Person | N/A |