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, theorise and evaluate fundamental themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law, and how equity has been, and can be, used as a vehicle for social change.

Research-Led Teaching

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.

Michelle Worthington's research centres on the design of legal systems and devices, with a particular focus on the role that values play in design. She is currently working on a series of projects at the intersection of law, ethical theory and regulatory theory, including a monograph on the various ways ethical theory can be used to improve the function of the for-profit corporation. Her research is informed by her experience working in the private, community and public legal sectors.

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.

Required Resources

GE Dal Pont, Equity and Trusts: Commentary and Materials (7^th 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)

Recommended Resources

MW Bryan, VJ Vann and S Barkehall Thomas, Equity and Trusts in Australia (Cambridge University Press, 2^nd ed, 2017)

Staff Feedback

Students will be given feedback in the following forms in this course:

• non-assessable short quizzes and other online exercises
• written comments on assessment
• verbal comments in tutorials
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

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.

Other Information

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to Equity; Course Administration
2	Fiduciary Obligations
3	Fiduciary Obligations Assignments in Equity	Tutorial 1
4	Assignments in Equity Introduction to Trusts	Tutorial 2 Master Class: Subrogation, Contribution & Marshalling
5	Creation of Express Trusts	Tutorial 3
6	Creation of Express Trusts	Tutorial 4
7	Express Trusts: Charities, Formalities, Illegalities	Tutorial 5 Master Class: Equity & Digital Economies
8	Trust Administration	Tutorial 6
9	Remedies for Breach of Trust and Fiduciary Duty; Tracing	Tutorial 7
10	Third Party Liability	Tutorial 8
11	Resulting and Constructive Trusts	Tutorial 9
12	Revision	Tutorial 10

Tutorial Registration

See course wattle site for details.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Research Essay I	25 %	31/08/2020	21/09/2020	1,2,3
Research Essay II	25 %	12/10/2020	30/10/2020	1,2,3
Final Take Home Examination	50 %	*	03/12/2020	1,2,3
In-class Exercises	0 %	*	*	1,2

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

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

Assessment Requirements

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 Academic Integrity . 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.

Participation

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.

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.

Examination(s)

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

Research Essay I

The essay should demonstrate the ability to carry out substantial research (beyond the course materials) and present a well-reasoned legal argument in relation to a set question concerning fiduciary law.

Nature of Task: compulsory and non-redeemable.

Weighting: 25%.

Word limit: 1,500 words. Do not include the bibliography in the word count and follow the ANU College of Law default word count policy.

Release: the essay question will be available on the WATTLE course page by 5pm on Monday, 9 August (Week 3 of semester).

Due date: 5pm on Monday, 31 August (Week 6) 2020 via Turnitin. Late submissions without an extension are permitted, but will incur the ANU College of Law's default penalty for late submission.

Estimated return date: Monday, 21 September (Week 7).

Assessment Criteria:

• Independent Research: extent (an appropriate range of primary and secondary sources that are relevant to the topic), depth and appropriateness.

• Response to question: cogency, breadth, depth, coherence, engagement with the issues posed by the topic, independence, understanding and interpretation of the

sources. The essay should be presented as a logical argument which addresses all the issues relevant to the question asked.

• Structure: essays should be well structured and appropriate headings should be used to break up the text and enhance the flow of reasoning. The essay must

include a brief introduction and an appropriate conclusion.

• Written expression: fluency, intelligibility, compliance with conventions of spelling and grammar.

• Citation and referencing: adequacy, accuracy and consistency.

Assessment Task 2

Research Essay II

The essay should demonstrate the ability to carry out substantial research (beyond the course materials) and present a well-reasoned legal argument in relation to one of the set questions relating to the content of three thematic lectures delivered in the course (concerning: the importance of Equity; indigenous perspectives on Equity; and, charity and bushfire relief).

Nature of Task: compulsory and non-redeemable.

Weighting: 25%.

Word limit: 1,500 words. Do not include the bibliography in the word count and follow the ANU College of Law default word count policy.

Release: essay questions will be available on the WATTLE course page by 5pm on Monday, 9 August (Week 3 of semester).

Due date: 5pm on Monday, 12 October (Week 10) 2020 via Turnitin. Late submissions without an extension are permitted, but will incur the ANU College of Law's default penalty for late submission.

Estimated return date: Week 12

Assessment Criteria:

• Independent Research: extent (an appropriate range of primary and secondary sources that are relevant to the topic), depth and appropriateness.
• Response to question: cogency, breadth, depth, coherence, engagement with the issues posed by the topic, independence, understanding and interpretation of the sources. The essay should be presented as a logical argument which addresses all the issues relevant to the question asked.
• Structure: essays should be well structured and appropriate headings should be used to break up the text and enhance the flow of reasoning. The essay must include a brief introduction and an appropriate conclusion.
• Written expression: fluency, intelligibility, compliance with conventions of spelling and grammar.
• Citation and referencing: adequacy, accuracy and consistency.

Assessment Task 3

Final Take Home Examination

Brief Description: The examination will consist of a problem-style question worth 25% and a multiple choice quiz worth 25%. There will be a choice of two problems for the problem-style question: students must choose one problem to answer. All students must attempt the multiple choice quiz. All topics are examinable, including topics covered in Week 1.

Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a mark of 0.

Weighting: 50%.

Timing: this take home exam will be held in the final examination period. Students should consult the final exam timetable.

Duration of 50% exam: 2 hours. No extensions are permitted for take-home exams.

Estimated return date: After final results are released. A general feedback sheet will be posted on Wattle.

Assessment Criteria: answers to legal problem questions 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;
• Examination answers will also be assessed on the quality of the written expression, structure and compliance with the conventions of spelling and grammar.
• The multiple choice questions will be marked automatically according to accuracy of understanding of course content.

Assessment Task 4

In-class Exercises

Brief description: the tutorials held in Weeks 3-12 will incorporate short exercises to be completed in class, such as quizzes and small group directed problem-solving, so that students can test their understanding of course content and receive immediate feedback, as well as seek further clarification to improve their understanding in preparation for assessment tasks 1-3.

Nature of task: tutorial attendance, and completion of the in-class exercises, is voluntary.

Weighting: 0%

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.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

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.

Hardcopy Submission

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.

Late Submission

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.

Referencing Requirements

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. Extensions may be granted 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.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

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