- Code LAWS6205
- Unit Value 6 units
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, 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.
- The assessment for this course will include a compulsory mid-semester component (format TBA) [25%], a compulsory, end of semester formal exam [45%], a compulsory tutorial participation component [10%], and a reading reflections component [20%]. The indicated mark allocations are based upon the 2013 assessment scheme and are subject to change. (25) [LO null]
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.
Classes offered during semester periods are expected to have 3 contact hours per week (a minimum of 36 hours). Students are generally expected to devote at least 10 hours overall per week to this course.
Requisite and Incompatibility
G E Dal Pont, Equity and Trusts: Commentary and Materials, ( Lawbook Co). The current edition of this casebook as at June of the year that the course is taught will be prescribed. If in doubt, check with the course convenor.
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.
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
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.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.