- Code LAWS2205
- 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 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.
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 and evaluate fundamental themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law.
This course assumes a knowledge of contract, property and legal history. The subject reinforces and deepens understanding of specific doctrines referred to in other courses such as Contracts, Property, Corporations Law and Family Law.
- The assessment for this course will include a compulsory mid-semester component (format TBA) [25%], a compulsory, end of semester formal exam [65%] and a compulsory tutorial participation component [10%]. The indicated mark allocations are based upon the 2013 assessment scheme and are subject to change. (25) [LO null]
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- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.
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Requisite and Incompatibility
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
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.
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Offerings, Dates and Class Summary Links
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Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.