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.

This course meets the following requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Equity:? 

• elements of trust law?
• various kinds of trusts? 
• the rights, duties and powers of trustees? 
• the consequences of breach of trust? 
• fiduciary obligations? 
• assignments in equity? 

Learning Outcomes

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

1. Analyse, 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.
2. Analyse and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts.
3. Evaluate the fundamental legal, social, cultural, and/or ethical themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law.
4. Work independently and/or collaboratively, as required, to develop solutions to equity and trusts law problems and present findings orally and/or in writing to a range of audiences.

Research-Led Teaching

The lecturers in this course are actively engaged in research in the broad subject area of equity and trusts. This research informs their teaching.

Required Resources

GE Dal Pont, Equity and Trusts: Commentary and Materials (8^th ed, Lawbook Co, 2023)

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:

• verbal comments in tutorials
• written comments on assessment
• 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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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

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 ObligationsAssignments in Equity	Tutorial 1
4	Assignments in EquityIntroduction 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	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
12	Revision	Tutorial 10

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. To ensure a smooth transition into the semester and accommodate the early start of tutorials in Week 3, we will now be closing MyTimetable allocations earlier, at 8am on Monday, 7 August 2023. To guarantee that you secure your preferred tutorial timeslot, we strongly urge you to allocate yourself to your desired tutorial group before the new closure date. After this date, you will no longer have access to allocate yourself to any tutorial groups.

 

To guarantee that you secure your preferred tutorial timeslot, we strongly urge you to allocate yourself to your desired tutorial group before the new closure date. After this date, you will no longer have access to allocate yourself to any tutorial groups.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Mid-semester Test	35 %	05/09/2023	28/09/2023	1,2,4
Final Examination	55 %	*	*	1,2,4
Tutorial Engagement	10 %	*	*	3,4

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills 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 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 exam timetable when it has been finalised.

Assessment Task 1

Mid-semester Test

Details of Task: The test will have one or more problem scenarios, which require you to provide legal advice, including analysing and predicting how ambiguous or unresolved questions of equitable doctrine could be resolved by the courts. The questions will relate to material taught in lectures in Weeks 1-4 (Assignments in Equity and Fiduciaries) 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: 35%

Release: 3pm, Tuesday 5 September 2023 via Wattle.

Duration: 120 minutes.

Word limit: There is no word limit for this task. The recommended word length is between 1,600 words and 1,800 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. 

Due Date: 5pm, Tuesday 5 September 2023. Late submissions are not accepted.

Note: 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 one week later. 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.

Estimated Return Date: Thursday, 28 September 2023. An announcement will be made via WATTLE when the marks and feedback are available.

Assessment Criteria: Answers 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.

Assessment Task 2

Final Examination

Details of Task: The in-person examination will have one or more problem scenarios, which require you to provide legal advice, including analysing and predicting how ambiguous or unresolved questions of equitable doctrine could be resolved by the courts. The questions will relate to material taught in lectures in Weeks 5-12 and in the related tutorials. There will be no choice of questions. The topics in weeks 1-4 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 sit this exam will result in a mark of zero for this task.

Weighting: 55%.

Time, Date and Duration: Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date and duration of the examination.

If you experience extenuating circumstances and are unable to sit the examination at its scheduled time and date, you should submit an Extenuating Circumstances Application (ECA), via ISIS, within five working days of the original date of the examination. Your application will be processed by the Examinations Office. If it is approved, they will notify you, via email, of the details of your deferred examination which will be held during the first week of the following semester.

Estimated Return Date: Official end of semester results release date. A general feedback sheet will be posted on Wattle.

Assessment Criteria: Answers 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.

Assessment Task 3

Tutorial Engagement

Details of Task: Tutorials are held in Weeks 3-12. They incorporate small group directed problem-solving and short in-class exercises such as quizzes, so that you can test your understanding of course content and receive continuous formative 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) evaluating the fundamental legal, social, cultural, and/or ethical themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law;

(4) 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. This may include your evaluation of fundamental legal, social, cultural, and/or ethical themes underlying and connecting the specific doctrines covered, including the relationship of equity to other parts of the law. 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 (email that tutor to request permission) – 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 ten 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 Professor Ridge 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. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

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 Access 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 all ANU students