The traditional meaning of ‘Equity’ refers to the concepts, doctrines and remedies that originated in the English Court of Chancery before 1874. This course goes further and focuses upon the modern role of Equity by exploring how its concepts, doctrines and remedies are manifested across Australian private and public law, including in legislation. It also examines judicial methods characteristic of Equity. The course provides in-depth consideration of concepts, doctrines and remedies that are not generally studied at undergraduate level. The course also considers fundamental questions concerning judicial method, the organisation of private law, and the rule of law. The law will be covered from doctrinal and theoretical perspectives with emphasis upon topics that are the subject of recent litigation, public debate or academic scholarship. The course will cover seven broad topics (the content of which may vary):

• Equitable concepts (eg: conscience; the fiduciary principle; the trust; charity);

• Equity and contract (eg: relief against forfeiture; penalties; subrogation);

• Equity’s protection of relationships of trust and confidence (eg: trusts; fiduciary relationships; confidential information);

• Equity and statute (eg: consumer law; Torrens systems; corporations law; charity law; Lord Cairns Act);

• Equity and procedure (eg: subrogation; injunctions);

• Equitable method (eg: judgment in the round; remedial discretion);

• Equity in context (eg: relationship to unjust enrichment).

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Correctly identify, succinctly describe and analyse the equitable concepts, doctrines and remedies studied in the course;
2. Synthesise complex information, critically evaluate and theorise Equity’s concepts, doctrinal content and judicial methods;
3. Critically analyse, evaluate and apply equitable concepts, doctrines and remedies to a complex legal and/or public policy question and effectively advise a client, court or policy-maker on its resolution.
4. Through independent research, investigate and critically reflect on the theoretical and doctrinal material studied in the course;
5. Plan and execute the outcomes of independent research and critically reflect on the theoretical and doctrinal material in an extended piece of writing that complies with the conventions of scholarly writing.

Research-Led Teaching

Pauline Ridge researches in equity, restitution, contract law, and law and religion. Her research in these areas informs the teaching of this course.

Required Resources

A reading guide/E brick for the course will be available on the Wattle site. During the self-paced online component of the course (29 June to 24 July), students are expected to listen to five short podcasts and complete one set reading for each podcast (approximately six hours work ). The readings will be available online through the ANU Library website. It is also expected that you read the prescribed readings before the intensive component of the course begins. Pre-reading of the prescribed material ensures that you get maximum value out of the classes.

Recommended Resources

A suggested text for this course is G E Dal Pont, Equity and Trusts: Commentary and Materials (Lawbook Co, 7th edn, 2019); referred to in the reading guide as ‘CB’ (or ‘Casebook’). Alternatively, students may access the readings online through the E brick and ANU Library website.

Staff Feedback

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

• Written comments will be provided on all assessment;
• Verbal feedback will be given during class discussion.

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

Task submission times refer to Canberra time (AEST/AEDT).

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

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 any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to the course: teaching arrangements & Assessment
2	The Fiduciary Principle
3	The Trust
4	Conscience
5	Charity
6	The Equitable Mindset & Method
7	Current issues in fiduciary law
8	Confidential information
9	Current issues in trusts law
10	Equity & statute law, including charity law
11	Equity in Contract
12	Equity and Procedure

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Course Engagement	10 %	*	27/07/2020	1
In-class assessment tasks	20 %	*	14/08/2020	1, 2, 3
Short Writing Task	20 %	24/08/2020	07/09/2020	1, 2, 3
Research Essay	50 %	21/09/2020	02/10/2020	4, 5

* 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 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.

Participation

For all courses taught in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:

(a) it does not exceed a maximum of 25% of the classes;

(b) permission is requested in advance; and

(c) the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

For the online self-paced component of this course (29 June to 24 July) students will demonstrate their engagement with the course through completion of at least three reflective posts prior to the intensive face to face sessions.

Assessment Task 1

Online Course Engagement

Format: You must submit three reflective posts responding to the material (recordings and set readings) concerning any three of the five thematic topics covered in the 4 week, asynchronous, self-paced component of the course. The reflective posts completed during this component of the course will introduce you to the course content, help you understand, describe and analyse the equitable concepts, doctrines and remedies studied in the course, and will ensure that you obtain maximum benefit from the two week synchronous component of the course.

Any or all of the following prompts may be used in writing the reflective posts as is appropriate:

• The issue/s that arise from the recordings and set readings on... is/are …
• I find the following issues thought-provoking because …
• I would answer the questions posed by the course material as follows…
• I still have the following questions about the topic ...
• The introduction to the topic has prompted me to think further about…

Due: 5pm, Monday, 20 July 2020. Late submissions (without an extension) are permitted, although late penalties will apply.

Length: 3 reflective posts: 300 words each and 900 words in total.

Assessment Criteria: Reflective posts will be assessed against the standards of: ‘not demonstrated’; ‘satisfactory’; ‘good’, ‘very good’ or ‘excellent’ in relation to:

1. comprehension of the course material;
2. critical engagement with the course material – more than merely descriptive;
3. reflection on personal learning so far.

Assessment Task 2

In-class assessment tasks

Format: Between four and six short assessment tasks will be completed during the synchronous zoom classes held between 27 July and 7 August. They will comprise a mix of quizzes, problem-solving exercises, and case studies. They will assess understanding of the taught content and set readings for the classes in which they occur. There will opportunity for collaboration in relation to most tasks. The overall mark for this component of the course assessment will be calculated using your four best marks.

Nature of task: compulsory. If a task is not completed, a mark of 0 will be awarded. Due to the nature of this task, extensions are not possible.

Due date: by the end of the respective zoom class.

Estimated return date: 14 August 2020 (marks will be available immediately for some tasks).

Assessment criteria:

• accuracy of understanding of relevant law;
• where applicable, accurate application of law to a factual scenario, including a reasoned conclusion;
• where applicable, evidence of informed understanding of policy implications of relevant law;
• where applicable, clarity and persuasiveness of critical evaluation of relevant law;
• where applicable, evidence of self-reflection on learning.

Assessment Task 3

Short Writing Task

Format: You must complete either a case note on a recent case of relevance and significance to the course or a policy document providing information and advice in a workplace context (public or private sector) on an issue of relevance and significance to the course. Case notes must include footnotes and a bibliography. Policy documents must include endnotes and a bibliography.

The short writing task will develop and assess your knowledge and skills in relation to learning outcomes 1, 2 and 3. In particular it will enable you to critically analyse, evaluate and apply equitable concepts, doctrines and remedies to a legal and/or public policy question and effectively advise a client, court or policy-maker on its resolution. It will also enable you to receive formative and summative feedback on a short piece of writing and test your ability to engage in independent research and critical reflection in relation to material studied in the course. The short writing task will prepare you for writing the research essay.

Approval of Topic: A short list of suggested cases and policy issues will be posted on WATTLE by Monday, 27 July. Alternatively, you may seek approval from the Convenor to write on a topic of your choice. Approval must be sought, by email, by Friday, 31 July.

Due: 5pm, Monday, 24 August 2020. Late submissions (without an extension) are permitted, although late penalties will apply.

Estimated return date: 7 September 2020.

Length: 1,500 words.

Assessment Criteria:

Casenotes will be assessed against the standards of: ‘not demonstrated’; ‘satisfactory’; ‘good’, ‘very good’ or ‘excellent’ in relation to:

a)   Analysis of the Decision

• Critical analysis of the judicial reasoning
• Critical analysis of the decision

b)   Analysis of the Impact of the Decision

• Critical discussion of the policy implications of the decision
• Consideration of a range of issues relating to the decision and, where appropriate, their resolution.

c)  Demonstration of appropriate research and writing skills

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• appropriate range and depth of research sources

d)   Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes
• style (including headings and footnotes) according to Australian Guide to Legal Citation
• adherence to word limit

 

Policy Documents will be assessed against the standards of: ‘not demonstrated’; ‘satisfactory’; ‘good’, ‘very good’ or ‘excellent’ in relation to:

(a) Comprehension of the relevant law

(b) Engagement with the law – more than merely descriptive, shows critical evaluation and reflection upon the law

(c) Engagement with the exercise’s form and purpose, including creativity of response where appropriate

(d) Demonstration of appropriate research and writing skills

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• appropriate range and depth to the research sources

(e)  Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• format endnotes according to current edition of Australian Guide to Legal Citation
• adherence to word limit

Assessment Task 4

Research Essay

Nature of the task: You are to engage in independent research and critical reflection of a theoretical and/or doctrinal nature on one of the essay topics posted on WATTLE and write an essay which sets out the findings of your research and the outcomes of your reflection.

Approval of Topic: A list of essay topics will be available on WATTLE by Monday, 27 July. Alternatively, you may write on your own topic with the Convenor’s approval. If choosing the latter option, you must email the Convenor by 24 August, explaining your proposed topic and why it is suitable. The Convenor may refuse to approve any proposed topic.

Due: 5pm, Monday, 21 September 2020. Late submissions (without an extension) are permitted, although late penalties will apply.

Length: 3,000 words. Do not include the bibliography in the word count.

Estimated return date: on release of final course results.

Assessment Criteria:

Essays will be assessed against the standards of: ‘not demonstrated’; ‘satisfactory’; ‘good’, ‘very good’ or ‘excellent’ in relation to:

a)  Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b)  Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c)  Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d)  Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes and a bibliography
• style (including headings and footnotes), according to Australian Guide to Legal Citation
• adherence to word limit

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 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