The course considers equitable doctrines and issues not generally studied at undergraduate level or that are the subject of recent litigation or academic challenge. The focus is upon doctrinal and theoretical questions relevant to commercial legal practice in Australia and will cover four broad topics (the specific doctrines studied in each area may vary):

• Relief from contractual obligations (unconscionable dealings, undue influence, relief againsst penalties and forfeiture);
• Relationships of trust and confidence (current issues in trust and fiduciary law, accessory liability, remedies and tracing);
• Allocating liability (contribution and subrogation);
• Equity in context (unjust enrichment and the taxonomy of private law, equity's interaction with statute law).

A participant who successfully completes this course should be able to

• demonstrate an understanding of the doctrines and remedies studied in the course;
• apply that understanding to resolve a hypothetical factual problem involving equitable doctrines and remedies;
• demonstrate an understanding and critical evaluation of current issues and problems studied in the course at both a doctrinal and conceptual level;
• describe and critically evaluate in a sustained piece of legal writing an issue relating to at least one topic studied in the course.

The goals of the course and desired learning outcomes will be achieved by three pieces of assessment:

• a take-home exam worth 40%
  An essay on a topic developed with the assistnce of the lecturer and approved by the lecturer,
• written topic proposal of 500 words worth 10%
• essay worth 50%

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Click here for the 2010 timetable

LAWS8153 Introduction to Legal Reasoning and Research (non-lawyers); LAWS8568 Fundamentals of Government and Commercial Law (non-lawyers)