- Class Number 7241
- Term Code 2960
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Dr Philippa Ryan
- Dr Darryn Jensen
- William Gummow
- Prof Pauline Ridge
- Class Dates
- Class Start Date 22/07/2019
- Class End Date 25/10/2019
- Census Date 31/08/2019
- Last Date to Enrol 29/07/2019
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.
Upon successful completion, students will have the knowledge and skills 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.
All of the lecturers in this course are actively engaged in research in the area of equity and trusts. This research informs their teaching.
Philippa Ryan's current research explores trust and distrust in digital economies and autonomous systems, including smart contracts enabled by blockchain technology. Her doctoral thesis concerned equitable third party liability.
Pauline Ridge’s current research concerns accessory liability and equitable third party liability, equitable tracing, and private law’s regulation of religious financing (including charity law and equitable vitiating doctrines). Her doctoral thesis also concerned equitable third party liability. A list of her publications can be accessed at http://law.anu.edu.au/staff/pauline-ridge.
Darryn Jensen’s doctoral thesis was largely concerned with resulting and constructive trusts. He has published articles and book chapters concerning fiduciary obligations and equitable remedies with a particular emphasis on constructive trusts. A sample list of his publications can be accessed at https://law.anu.edu.au/staff/darryn-jensen.
Justice Gummow was a leading equity practitioner and scholar before being appointed to the Federal Court of Australia and subsequently to the High Court of Australia. He is currently a Non-Permanent Member of the Hong Kong Court of Final Appeal. He continues to publish articles on equity-related topics.
GE Dal Pont, Equity and Trusts: Commentary and Materials (7th ed, Lawbook Co, 2018)
The following statutes will be the subject of detailed study:-
· Conveyancing Act 1919 (NSW)
· Civil Law (Property) Act 2006 (ACT)
· Trustee Act 1925 (ACT)
MW Bryan, VJ Vann and S Barkehall Thomas, Equity and Trusts in Australia (Cambridge University Press, 2nd ed, 2017)
M Evans, BL Jones and T M Power, Equity and Trusts (4th ed, LexisNexis Butterworths, 2016)
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to whole class, groups, individuals, focus group etc
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||Introduction to Equity; Course Administration||Philippa Ryan|
|2||Fiduciary Obligations||Philippa Ryan|
|3||Fiduciary Obligations Assignments in Equity||Philippa Ryan Darryn Jensen|
|4||Assignments in Equity Introduction to Trusts (JD Master Class: optional)||Darryn Jensen (Professor Gummow)|
|5||Creation of Express Trusts||Darryn Jensen|
|6||Creation of Express Trusts||Darryn Jensen|
|7||Express Trusts: Charities, Formalities, Illegalities Master Class (optional)||Professor Gummow|
|8||Trust Administration||Philippa Ryan|
|9||Remedies for Breach of Trust and Fiduciary Duty; Tracing||Pauline Ridge|
|10||Third Party Liability||Pauline Ridge|
|11||Resulting and Constructive Trusts||Pauline Ridge|
|12||Course Overview and Revision||Philippa Ryan, Darryn Jensen, Pauline Ridge|
See university timetable for times and locations of tutorials. Tutorial registration will be available through the course Wattle site. Tutorial registration will open via the course wattle page on 8 July.
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Online Quiz||0 %||30/08/2019||30/08/2019||1,2|
|Tutorial Participation||10 %||30/10/2019||28/11/2019||1,2,3|
|Mid semester Take Home Examination||30 %||31/08/2019||30/09/2019||1,2,3|
|Final Formal Examination||60 %||19/11/2019||28/11/2019||1,2,3|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Policy and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
The workload expectation for each six-unit course at the ANU is 10 hours per week, including class contact hours.
Active participation through questions and discussion is encouraged. Reading the relevant prescribed materials prior to attending class that week will assist you to follow the discussion and to identify important issues. In this course, tutorials have three purposes: first, to develop your capacity to apply legal rules and principles to factual scenarios, secondly, to develop your critical thinking skills through the discussion of the principles studied in the course and in considering competing proposals and solutions to problems and, thirdly, to facilitate student wellbeing through peer to peer learning and support. For these reasons, tutorial participation is assessed.
For administrative reasons, your participation will only be assessed in the tutorial that you are enrolled in. However, if you cannot attend your enrolled group in any week you are still encouraged to attend another group where numbers and teaching space permit. Students wishing to attend a group that they are not enrolled in should seek the tutor’s permission before class. Tutorials are not recorded and personal recording is forbidden.
Please note that the date in the assessment summary is approximate only. The exam will be held in the final examination period.Students should consult the exam timetable when it has been finalised.
Assessment Task 1
Learning Outcomes: 1,2
Brief Description: The quiz is designed so that students can test their understanding of basic concepts taught in the lectures from Weeks 1-4 and obtain feedback about misunderstandings without any effect on their final grades.There will be ten multiple choice questions relating to content from Week 1 and content that is assessable in the take home exam.
Nature of Task: Optional.
Release: 5pm Monday 19 August via Wattle.
Due date: 12 midnight Friday 30 August via Wattle. Late submission is allowed, although not advised unless you are sitting a deferred take home exam or a supplementary exam.
Estimated return date: You will be provided with a mark and feedback immediately upon completion of the quiz.
Assessment Criteria: This assessment is not weighted towards a student’s final grade, but the feedback provided to students will include a mark based on the number of correct responses.
Assessment Task 2
Learning Outcomes: 1,2,3
Brief Description: Attendance at all tutorials is expected. A student’s tutorial participation mark will be based on attendance at and participation in the tutorial group in which the student is enrolled. If you cannot attend your tutorial in a particular week, you may attend another tutorial group with the permission of the tutor of that other group – but your participation in that tutorial will not be assessed.
Nature of Task: Non-redeemable. Non completion of this task will result in a 0 for this assessment task.
Due Date: Ongoing. You can have your attendance waived for assessment purposes in relation to a maximum of three tutorials provided that you email your tutor in relation to each absence. Such requests must be supported by documentation (eg medical certificates; clerkship event invitations and related travel documentation; employer's letter). Waiver of participation in relation to a maximum of three tutorials and is at the tutor's discretion. Tutors will consult with the convenor where necessary. Students who miss more than three tutorials in their enrolled group must apply online for special consideration if they wish their non-attendance to be waived.
Estimated return date: 28 November 2019 via Wattle gradebook. Students wishing feedback on their tutorial participation may email their tutor between Week 6 and the end of Week 8 of the course requesting feedback. The tutor will provide a provisional indication of performance against the assessment criteria. Students are of course welcome and encouraged at any stage during the tutorial component of the course to contact their tutor to communicate concerns regarding their participation or the classes more generally.
- Completeness and Coherence
- Understanding of topic
- Preparation for class
Assessment Task 3
Learning Outcomes: 1,2,3
Mid semester Take Home Examination
Brief Description: This take home examination will consist of two problem style questions (that may have internal parts) relating to material taught in lectures in Weeks 1-4 (Fiduciaries and Assignments in Equity) and in the related tutorials. There will be no choice of questions.
Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a mark of 0.
Word limit: 1,200 words
Release: 1pm Saturday, 31 August 2019 via Wattle (end of Week 6).
Due date: 6pm on Saturday, 31 August 2019 via Turnitin. Not late submissions are accepted for take home exams.
Estimated return date: Week 9 via Turnitin. An announcement will be made via WATTLE when the marked exams may be accessed via Wattle
Assessment Criteria: Examination answers should demonstrate an understanding of the doctrinal material assessed in the exam; specifically they should:
- Analyse the facts of a hypothetical problem and identify the relevant legal issues;
- Accurately and concisely summarise the relevant law, providing relevant authority from the course material (including material from non-Australian jurisdictions where appropriate) in support;
- Formulate legal arguments relevant to the resolution of the legal issues drawing by analogy from cases covered in the course where relevant and appropriate;
- Where relevant, analyse and predict how unresolved or ambiguous doctrinal questions could be resolved;
- Come to a reasoned conclusion as to the likely resolution of the problem;
- Describe and evaluate the fundamental themes underlying their answers where requested to do so by the question.
- Examination answers will also be assessed on the quality of the written expression, structure and compliance with the conventions of spelling and grammar.
An assessment rubric will be available on Wattle prior to the exam.
Assessment Task 4
Learning Outcomes: 1,2,3
Final Formal Examination
Brief Description: The examination will consist of problem-style questions and may include short essay-style questions relating to material covered in the course. There will be no choice of questions. All topics are examinable, including topics covered in Week 1. While topics other than Fiduciary Obligations and Assignments in Equity will be emphasised, one or more of the questions may assume knowledge of these topics.
Nature of Task: Compulsory, non-redeemable. Failure to complete this task will result in a mark of 0. If you do not achieve a result of 45% or more in this exam, even if you would otherwise pass the course, you may be awarded a PX result.
Timing: Please note that the date in the assessment summary is approximate only. The exam will be held in the final examination period. Students should consult the exam timetable when it has been finalised.
Duration: 30 minutes reading time and 2 hours writing time.
Permitted Material: 3 sheets of A4 paper with notes on both sides of the sheets. There is no restriction as to the content of these notes. Any statutory provisions of which knowledge is required to answer the questions will be provided in an appendix to the examination paper.
Estimated return date: After final results are released. Exam script books will be available for collection from the Services Office and a general feedback sheet will be posted on Wattle.
Assessment Criteria: The same assessment criteria apply to the problem-based questions as for the take home exam. See above. The essay-style short answers should provide a reasoned response to the question that goes beyond description of the relevant law and contains critical evaluation of the law. Answers will also be assessed on the quality of the written expression, structure and compliance with the conventions of spelling and grammar. A rubric will be provided on Wattle before the exam.
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Dr Ryan's area of expertise is commercial equity, in particular the liability of third parties to a breach of trust. Her PhD formulated a new classification for accessorial liability. Her current research explores trust and distrust in digital economies and autonomous systems, including smart contracts enabled by blockchain technology.
Dr Philippa Ryan
Dr Darryn Jensen
Prof Pauline Ridge