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. 

To develop their knowledge and skills, students will engage in a range of learning activities, including the creation of video reflections, formulating legal arguments and analogies; and making predictions on unresolved doctrinal questions.

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

Dr Jensen has published extensively in the areas of equity and trusts, property law and succession law. He is a co-author of a textbook on property law and of a leading reference work on the law of trusts.

Examination Material or equipment

Information on what to expect during an examination  

Required Resources

Provisions of the following statutes will be the subject of detailed study:

• Conveyancing Act 1919 (NSW)
• Civil Law (Property) Act 2006 (ACT)
• Trustee Act 1925 (ACT)

Recommended Resources

MW Bryan, VJ Vann and S Barkehall Thomas, Equity & Trusts in Australia (3rd ed)(Cambridge University Press, 2023) - This is a textbook in which you will find further discussion of topics discussed in class.

GE Dal Pont, Equity & Trusts: Commentary and Materials (8th ed)(Lawbook Co, 2023) - This is a casebook in which you will find substantial extracts from cases that we will study in this course.

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

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course: is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law, Governance and Policy Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	The Nature and History of Equity (including Equitable Remedies)
2	Assignments in Equity
3	Assignments in EquityFiduciary Obligations	Tutorial 1
4	Fiduciary Obligations	Tutorial 2
5	Introduction to TrustsCreation of Express Trusts	Tutorial 3
6	Creation of Express Trusts	Tutorial 4
7	Creation of Express Trusts	Tutorial 5
8	Trustees of Express Trusts	Tutorial 6
9	Remedies for Breach of Trust and Breach of Fiduciary Duty	Tutorial 7
10	Remedies for Breach of Trust and Breach of Fiduciary DutyThird Party Liability for Breach of Trust and Breach of Fiduciary Duty	Tutorial 8
11	Resulting and Constructive Trusts	Tutorial 9
12	Spare Week (to be used for 'catch up')	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 / seminars so they can better plan their time. Find out more on the My Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz	0 %	*	*	1
Mid-semester Test	40 %	04/09/2026	25/09/2026	1,2,4
Final Examination	60 %	*	*	1,2,4

* 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 ‘Canvas’ 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, Governance and Policy 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.

While there is no tutorial participation assessment in this course, preparation for tutorials and participation in tutorial discussion is expected. Such participation is an important means of testing your understanding of the course material and obtaining feedback on your progress.

Examination(s)

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

Assessment Task 1

Online Quiz

Details of Task: The quiz will consist of ten (10) multiple choice questions relating to matters covered in Topics 1 and 2. The order of possible responses will be randomised for each student attempt. Once you "open" the quiz, you will have 30 minutes to complete the quiz. You may attempt the quiz at any time during the course.

Nature of task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 9am, 10 August 2026

Due Date:  The optional online quiz will remain open for attempts throughout the semester. As this quiz is not weighted no time adjustments or extensions shall be applied for this task.

Estimated return date: Results are available immediately upon completion of quiz

Assessment Criteria: A mark out of 10 will be provided based on the number of correct responses.

Assessment Task 2

Mid-semester Test

Details of Task: The test will consist of one or more problem scenarios. You will need to apply equitable doctrine to the facts to demonstrate how the legal issues between the parties ought to be resolved. The questions will relate to material taught in lectures in Weeks 2-4 (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: 40%

Release: 9am, Friday 4 September 2026 via Canvas.

Duration: 120 minutes.

Word limit: There is no word limit for this task. The recommended word length is between 1,200 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 or contain significant irrelevant material. 

Due Date: 11am, Friday 4 September 2026. Late submission is not permitted.

Note: If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply to reschedule the assessment here. The College will give you one final opportunity to complete the assessment, at the same time two weeks later (opening at 9am and closing at 11am, Friday 18 September 2026). If you have already accessed the assessment, you will NOT be approved to reschedule and will need to complete the task by the due date. Late submission is not permitted. Time adjustments can be applied for this task but are not applied automatically. If you require a time adjustment, please apply here.

Estimated Return Date: Friday 25 September 2026. An announcement will be made via Canvas when the marks and feedback are available.

Assessment Criteria: Answers should provide reasoned conclusions on the issues raised by the hypothetical factual scenarios set out in the questions, in particular-

• The relevant legal rules and principles are correctly stated and those statements are supported by appropriate legal authority.
• All factual issues are addressed and explained and appropriate conclusions are stated.
• Issues are consistently dealt with in a logical order and the structure of the answer reflects an understanding of the relative significance of issues and the relationships between them.
• The language used is consistently clear and precise and complies with the conventions of spelling and grammar.

Assessment Task 3

Final Examination

Details of Task: The in-person examination will have one or more problem scenarios. You will need to apply equitable doctrine to the facts to demonstrate how the legal issues between the parties ought to be resolved. 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 complete this assessment will result in a mark of zero for this task. Students must obtain 50% or better on this assessment to pass the course.

Students who do not obtain 50% or better on this assessment, and who fail the course because they have not satisfied this hurdle requirement, will be granted an opportunity to complete a supplementary assessment if they achieve a final result for the course of not less than 45%.

If such a student passes the supplementary assessment, that student's final mark for the course will be 50 PS. If such a student fails the supplementary assessment, that student's final mark for the course will include the mark obtained on this assessment.

Weighting: 60%.

Time, Date and Duration: The exam will take place during the end-of-semester exam period. Students should consult the ANU Examination Timetable closer to the examination period to confirm the final time, date and duration of the examination. Because this is a formal examination, late submissions will not be accepted.

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 ANUHub, 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.

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

Assessment Criteria: Answers should provide reasoned conclusions on the issues raised by the hypothetical factual scenarios set out in the questions, in particular-

• The relevant legal rules and principles are correctly stated and those statements are supported by appropriate legal authority.
• All factual issues are addressed and explained and appropriate conclusions are stated.
• Issues are consistently dealt with in a logical order and the structure of the answer reflects an understanding of the relative significance of issues and the relationships between them.
• The language used is consistently clear and precise and complies with the conventions of spelling and grammar.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. 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. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

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.

Resubmission of Assignments

• Maximum Submissions: Students can submit up to three times per assessment.

• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.

• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).

• No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.

• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students