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 property 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 fiduciary 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.

Research-Led Teaching

All of the lecturers in this course are actively engaged in 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.

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)

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 or tutorial groups.

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: 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 Overview: Fiduciary Obligations
2	Fiduciary Obligations
3	Fiduciary Obligations Assignments in 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	Tutorial 5
8	Trust Administration	No tutorial this week
9	Remedies for Breach of Trust and Breach of Fiduciary Duty	Tutorial 6
10	Third Party Liability	Tutorial 7
11	Resulting and Constructive Trusts	Tutorial 8
12	Revision	Tutorial 9

Tutorial Registration

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

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online test	0 %	29/08/2022	02/09/2022	1,2,3
Mid-semester Test	45 %	26/09/2022	10/10/2022	1,2,3
Final Examination	45 %	*	01/12/2022	1,2,3
Tutorial Engagement	10 %	*	01/12/2022	1,2,3

* 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

Examinations are held during the University's examination period .Students should consult the examination timetable when it has been finalised.

Assessment Task 1

Online test

Details of Task: The test will have two Parts and may require you to answer general questions as to the examinable law, as well as multiple choice (Part A) and short answers Part B to questions relating to a problem scenario. The test will cover topics covered in weeks 1-4 of the course.

Nature of Task: Optional. Failing to complete the task will not have any consequences, although it will be a missed opportunity to revise, and to receive early formative feedback about progress in the course.

Weighting: 0%.

Release: 1pm, Friday 26 August 2022 via WATTLE. Once you log into the test, you will have 120 minutes to complete it. The test will finish automatically after 120 minutes and any open attempts will automatically close and be submitted, so please allow sufficient time to complete the assessment.

Students are able to attempt the Part A assessment multiple times in the period of which Part A is open.

Navigation: Backwards navigation for Part A is not permitted.

Duration: 120 minutes.

Due date: 1pm Monday 29 August 2022. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: Friday, 2 September 2022

Assessment Task 2

Mid-semester Test

Details of Task: The test may have two parts and may require you to answer general questions as to the examinable law, as well as multiple choice (Part A) and short answers (Part B) to questions relating to a problem scenario. The questions will relate to material taught in lectures in Weeks 1-6 and in the related tutorials. There will be no choice of questions.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 45%

Word limit: There is no word limit for this task. There will be a recommended word length provided for the short answers and/ or problem-style question. 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. 

Release: 5:30pm Monday 26 September 2022 via WATTLE.

Navigation: Backwards navigation for Part A is not permitted.

Duration: 120 minutes. Late submissions are not accepted. If you experience unavoidable and extenuating circumstances and cannot sit the test at the due date and time, you should apply for an extension here . The College will give you one opportunity to sit the test, at the same time on Tuesday 4 October 2022. This will be your final opportunity to sit the test. If you have accessed the assessment, you will not be approved an extension and will need to complete the assessment by the due date and time.

Due date: 7:30pm Monday 26 September 2022.

Estimated return date: Monday 10 October 2022. An announcement will be made via WATTLE when the marks and feedback are available.

Assessment Criteria: Answers to legal problem questions should demonstrate an understanding of the doctrinal material assessed by the task; 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;
• 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 3

Final Examination

Details of Task: The test may have parts and may require you to answer general questions as to the examinable law, as well as multiple choice and/ or short answers to questions relating to a problem scenario. The questions will relate to material taught in lectures in Weeks 7-12 and in the related tutorials. There will be no choice of questions. The topics in weeks 1-6 may be indirectly examinable to the extent that later material draws upon knowledge of the earlier material. However, the focus will be on topics that have not already been assessed.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 45%.

Duration: 120 minutes.

Word Length: There is no word limit for this task. There will be a recommended word length provided for the short answers and/ or problem-style question. 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. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due date: The examination will be released via Wattle. Students should consult the ANU examination timetable once finalised to confirm the date, duration and time of the exam.

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-style 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

Tutorial Engagement

Details of Task: Tutorials are held in Weeks 3-7, and 9-12. They incorporate short in-class exercises such as quizzes and small group directed problem-solving, so that you can test your understanding of course content and receive continuous feedback on your learning from Week 3 onwards. You should review the relevant lectures and set readings, and read the tutorial question(s) prior to the tutorial. You are not expected to have ‘correct’ answers before the tutorial. Instead, you should come to the tutorial ready to discuss the set material, including:

(1) identifying possible legal and factual issues in problem-based questions and proposing arguments as to how those issues could be resolved;

(2) identifying gaps in your legal understanding of course content and framing questions to ask;

(3) reflecting upon how the relevant legal principles connect with issues that may arise in your professional and personal life and with your values.

In the tutorial, you should show respect to other class members; for example, by allowing them the opportunity to contribute to class discussion. We understand that some students are not comfortable speaking up in class and that there is limited time for everyone to contribute. It is fine to say that you do not know the answer to a question; in fact, this can be reassuring for others. 

In addition to your participation in tutorials, you must post a 4 minute video on Wattle reflecting on your learning in the tutorials. In this video you should explain how what you learnt in the tutorials will contribute to your professional or personal life, or to your values. A sample video will be posted on Wattle to assist you to formulate your reflection. Instructions on the format and submission of your video will also be posted.

Tutorial attendance: We understand that it is not always possible to attend your tutorial group. If you cannot attend your group in a particular week, you may attend another group with the permission of the tutor of that other group – but your engagement in that tutorial will not be assessed. There is no minimum attendance requirement, but our expectation is that you will attend at least five of the nine tutorials. Lower attendance than this will affect your tutorial engagement mark. Students who experience difficulty in attending their tutorials on an ongoing basis should email Dr Macduff for assistance.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Due Date: The individual reflective video is due 48 hours after the last tutorial of the group in which you are enrolled. Due to the nature of the task, late submission or extension is not permitted.

Assessment Criteria: Your tutor will assess your tutorial engagement based on your participation in the tutorial program and your reflective video. You will only be assessed in the group in which you are enrolled. Your engagement will be assessed as not demonstrated; satisfactory; good, very good or excellent against these criteria:

• attendance record;
• nature and consistency of contributions;
• relevance of contributions;
• completeness and coherence of contributions;
• preparation for class; and
• quality and depth of video reflection on the personal relevance of course content. 

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 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.

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