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).
Learning Outcomes
Upon successful completion, students will have the knowledge and skills 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.
Indicative Assessment
- a take-home exam worth (50) [LO 1,2,3,4]
- an essay worth (50) [LO 1,2,3,4]
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
Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have 3 contact hours per week.
Click here for the LLM Masters Program timetable.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
The prescribed text for this course is G E Dal Pont, Equity and Trusts: Commentary and Materials (5th ed, 2011)Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
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 |
|---|---|
| 2019 | $3840 |
- International fee paying students
| Year | Fee |
|---|---|
| 2019 | $5460 |
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.
