• Offered by ANU Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career UGRD
  • Course convener
    • Prof Pauline Ridge
  • Mode of delivery In Person
  • Co-taught Course
  • Offered in Second Semester 2020
    See Future Offerings

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:

  1. 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;
  2. Analyse and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts;
  3. 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

  1. 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. (25) [LO null]

In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle. 

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 of the semester. Tutorial attendance is compulsory. Students are generally expected to devote at least 10 hours overall per week to this course.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying the Bachelor of Laws (LLB, LLB(H)) and have completed LAWS2204 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

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.

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
2020 $4110
International fee paying students
Year Fee
2020 $5460
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
7215 27 Jul 2020 03 Aug 2020 31 Aug 2020 30 Oct 2020 Online or In Person View

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