Term 3 2022 Class Format and Reading Guide v2

School: University of New South Wales - Course: LAWS 2385 - Subject: Accounting

Term 3 - 2022: Subject, Class Format and Reading Guide The table below sets out the topics, classes and the class format by week for this course. This is to be read in conjunction with the Course and Topic Overview. In addition, all information for the Course is contained in Moodle. **Yellow highlight indicates online content in Moodle - accessed under the banner labelledOnline Lectures and Workshop Questions Note that: BDDV refers to M W Bryan, S Degeling, M S Donald & V J Vann,A Sourcebook on Equity and Trusts in Australia, 2nd ed (CUP, 2020). These readings are compulsory. Relevant statutory material includes theTrustee Act1925 (NSW) and theConveyancing Act1919 (NSW). BV refers to M W Bryan, V J Vann & S Barkehall Thomas,Equity and Trusts in Australia, 2nd ed (CUP, 2017). These readings are compulsory. This book is a commentary or secondary source and will help students understand the material in the sourcebook. The textbook has an accompanying website (http://www.cambridge.edu.au/academic/companion/equity/). MGL refers to Heydon, Leeming and Turner,Meagher Gummow and Lehane's Equity Doctrine and Remedies, 5th ed (LexisNexis Butterworths, 2015). Note MGL reading is further reading only, not required reading. All readings list below are compulsory, unless listed as extended readings. Some of the readings that are not in BDDV or BV are on Moodle, under the banner labelledReadings Materials - a Selection. The compulsory readings are the minimum required to pass the subject. The extended readings are recommended for those students wishing to gain a greater understanding of the topics covered in the course. WEEKCourse activities: lectureonline module, tutorial, workshop questions and assessments TopicReadings and other information Week1Recorded lectureIntroduction to equity and trustsBDDV Ch 1 BV Ch 1 1

Version 30 October 2022 (updated for further reading W8 and W9) WEEKCourse activities: lectureonline module, tutorial, workshop questions and assessments TopicReadings and other information Seminar AOverview of equitable remedies IBDDV Ch 2 BV Ch 2 Seminar BOverview of equitable remedies IISpecificperformanceandinjunctions. BDDV Ch 3, exclude equitable damages andLord Cairns' Act[3.4] ff. BV Ch 3, exclude equitable damages andLord Cairns' Act[3.38]-[3.44]. Week2Group allocation for (i) Fiduciary Workshop Problem; and (ii) Mid-term assessment - take home memorandum Monday by 5pm, week 2 Commence Fiduciary Workshop Problem Group allocation and the problem question are accessed on Moodle via the banner labelledFiduciary Workshop Problem and Groupwork Seminar AEquitable fiduciary obligations IIdentificationofafiduciary relationship Scope. BDDV Chapter 10.1 - 10.4b. BV Chapter 10. ABN AMRO Bank NV v Bathurst Regional Council[2014] FCAFC 65 para [1066]. Wingecarribee Shire Council v Lehman Brothers Australia[2012] FCA 1028. Extended readings MGL Chapter 5 'The Fiduciary Relationship', excluding paragraphs [5-045], [5-255]-[5- 320]. Note that for [5-210]-[5-250] the discussion is relevant for classes on fiduciaries only to the extent that it relates to the existence and scope of a fiduciary relationship. We deal separately with the question of remedy in later classes. John Alexander's Clubs Pty Limited v White City Tennis Club Ltd(2010) 241 CLR 1 ([83]- [93]). Breen v Williams(1996) 186 CLR 71 (pp 106-114). Howard v CoT[2014] HCA 21 (French CJ and Keane J [1]-[4], [28]-[38]; Hayne and 2

Version 30 October 2022 (updated for further reading W8 and W9) WEEKCourse activities: lectureonline module, tutorial, workshop questions and assessments TopicReadings and other information Crennan JJ [47]-[99]; Gageler J all) (Extended readings instead of BDDV 10.4b). Pilmer v Duke Group Limited(2001) 207 CLR 165 ([66]-[84]). Also [116]-[136]) per Kirby J. Article by Hon Justice Campbell 'Fiduciary Relationships in a Commercial Context' in Leganto.