coursemapLoading course
ANU Law School · ANU College of Law, Governance and Policy
The traditional meaning of ‘Equity’ refers to the concepts, doctrines and remedies that originated in the English Court of Chancery before 1874. This course goes further and focuses upon the modern role of Equity by exploring how its concepts, doctrines and remedies are manifested across Australian private and public law, including in legislation. It also examines judicial methods characteristic of Equity. The course provides in-depth consideration of concepts, doctrines and remedies that are not generally studied at undergraduate level. The course also considers fundamental questions concerning judicial method, the organisation of private law, and the rule of law. The law will be covered from doctrinal and theoretical perspectives with emphasis upon topics that are the subject of recent litigation, public debate or academic scholarship. The course will cover seven broad topics (the content of which may vary): - Equitable concepts (eg: conscience; the fiduciary principle; the trust; charity); - Equity and contract (eg: relief against forfeiture; penalties; subrogation); - Equity’s protection of relationships of trust and confidence (eg: trusts; fiduciary relationships; confidential information); - Equity and statute (eg: consumer law; Torrens systems; corporations law; charity law; Lord Cairns Act); - Equity and procedure (eg: subrogation; injunctions); - Equitable method (eg: judgment in the round; remedial discretion); - Equity in context (eg: relationship to unjust enrichment).
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course Canvas page.
Learning outcomes 1, 2, 3, 4, 5
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 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. 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. Click here for the LLM Masters Program course list
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. Preliminary Reading 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.