- Class Number 5562
- Term Code 3160
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Prof Pauline Ridge
- William Gummow
- Dr Anne Macduff
- Dr Darryn Jensen
- Class Dates
- Class Start Date 26/07/2021
- Class End Date 29/10/2021
- Census Date 14/09/2021
- Last Date to Enrol 02/08/2021
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.
All of the lecturers in this course research in the broad subject area of equity and trusts. This research informs their teaching.
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.
GE Dal Pont, Equity and Trusts: Commentary and Materials (7th 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)
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
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.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
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.
|Week/Session||Summary of Activities||Assessment|
|1||Introduction to Equity; Course Overview: Fiduciary Obligations|
|3||Fiduciary Obligations Assignments in Equity JD Master Class 1: The Importance of Equity||Tutorial 1|
|4||Assignments in Equity Introduction to Trusts||Tutorial 2|
|5||Creation of Express Trusts||Tutorial 3|
|6||Creation of Express Trusts||Tutorial 4|
|7||Express Trusts: Charities, Formalities, Illegality JD Master Class II: Contribution, Subrogation, Marshalling & Rectification||Tutorial 5|
|8||Trust Administration||Tutorial 6|
|9||Remedies for Breach of Trust and Breach of Fiduciary Duty||Tutorial 7|
|10||Third Party Liability||Tutorial 8|
|11||Resulting and Constructive Trusts||Tutorial 9|
See the course wattle site for details and enrolment links.
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Mid-semester Test||15 %||06/09/2021||*||1|
|Research Essay||30 %||13/09/2021||08/10/2021||2,3|
|Final Examination||55 %||*||*||1, 2, 3|
|Tutorial Engagement||0 %||*||*||1,2|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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:
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.
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 each 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 (attendance will not be recorded at the non-enrolled in group). Tutorials are not recorded and personal recording is forbidden.
Assessment Task 1
Learning Outcomes: 1
Brief Description: This assessment task will consist of a set of multiple choice questions relating to material taught in relating to material taught in lectures in Weeks 1-4 (Introduction to Equity, Fiduciaries and Assignments in Equity) and in the related tutorials and the JD Master Class I. There will be no choice of questions.
Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a mark of 0.
Release: This task will be released via Wattle at 1pm on Monday, 6 September 2021.
Duration of Task: 45 minutes. Late submissions are not accepted. If you experience unavoidable and extenuating circumstances and cannot complete the assessment at the due date and time, you should apply for an extension to the ANU College of Law Student Administration Services: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. Extensions are not available if you have opened the assessment on Wattle.
Estimated return date: Before the end of Week 9. An announcement will be made via WATTLE when the marks are released.
Assessment criteria: The multiple choice questions will be marked automatically according to accuracy of understanding of course content.
Assessment Task 2
Learning Outcomes: 2,3
Brief Details: You are to engage in independent research and critical reflection of a theoretical and/or doctrinal nature on one of the essay questions relating to fiduciary law posted on WATTLE and write an essay which sets out the findings of your research and the outcomes of your reflection. The essay should demonstrate the ability to carry out substantial research (beyond the course materials) and present a well-reasoned legal argument.
Nature of Task: Compulsory and non-redeemable. Non completion of this task will result in a mark of 0 for the task.
Word limit: 1,800 words. The actual word count must be stated at the end of the essay. The College's default word count policy applies.
Release: The essay questions will be available on the WATTLE course page by 5pm, Friday, Week 2.
Due date: 5pm, Monday, 13 September 2021. Submit via Turnitin on WATTLE. Late submissions without an extension will be accepted, but late penalties will strictly apply.
Estimated return date: Before the end of Week 9.
Assessment Criteria: Essays will be assessed against the standards of: 'unsatisfactory’; ‘satisfactory’; ‘good’, ‘very good’ or ‘excellent’ in relation to:
Independent Research: extent (an appropriate range of primary and secondary sources that are relevant to the topic), depth and appropriateness. A bibliography must be supplied.
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. Formatting of headings should comply with the Australian Guide to Legal Citation.
Written expression: fluency, intelligibility, compliance with conventions of spelling and grammar.
Citation and referencing: adequacy, accuracy, consistency and compliance with the current edition of the Australian Guide to Legal Citation.
Assessment Task 3
Learning Outcomes: 1, 2, 3
Brief Description: The examination will consist of one problem-style question worth 35% (this question may have parts and may require you to answer a general question as to the law, as well as provide advice on a factual scenario) and a set of multiple choice questions worth 20%. All topics are examinable, including topics covered in Weeks 1-4 of lectures and the JD Master Classes I and II. However, the focus will be on topics that have not already been assessed.
Nature of Task: Compulsory, non-redeemable. Failure to complete this task will result in a mark of 0.
Timing: The exam will be released via Wattle. Students should consult the ANU examination timetable once finalised to confirm the date, duration and time of the exam.
Word Length: The recommended word range for the problem-style question is 1,500 to 1,750 words. You are strongly advised to keep within this range. Succinct legal reasoning that is to the point and does not include long sections of cut and pasted text is more persuasive and will be rewarded. Marks will be reduced for answers that are unnecessarily long.
Duration of exam: Two hours and 25 minutes.
Estimated return date: Official end of semester results release date via Turnitin. 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
Learning Outcomes: 1,2
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.
Nature of task: Attendance is optional, however, students who do not attend the tutorial group in which they are enrolled for at least five of the ten weeks of tutorials will incur a 5 mark non-attendance penalty.
Weighting: There will be a 5% penalty for students who do not attend the tutorial group in which they are enrolled for at least five of the ten weeks of tutorials.
Assessment Criteria: Tutorial engagement is assessed by way of Assessment Tasks 1 and 3 (the mid-semester and final take home exams).
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.
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.
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.
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 tests or examinations.
- Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.
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.
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
Pauline Ridge researches in equity, restitution and contract law. Her research in these areas informs the teaching of this course. She also specialises in private law’s regulation of religious financing (particularly through charity law and equity's vitiating doctrines). Her doctoral thesis concerned equitable third party liability. Her current research project concerns the equitable doctrine of (spiritual) undue influence. A list of her publications can be accessed at http://law.anu.edu.au/staff/pauline-ridge.
Prof Pauline Ridge
Dr Anne Macduff