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LAW5705 Advanced Equity

Semester 1, 2013 On-campus Springfield
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 21 July 2014

Contents on this page

Staffing

Examiner: Vanitha Sundra-Karean
Moderator: Andrew Hemming

Requisites

Pre-requisite: LAW5501

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Rationale

This is a core course in the Juris Doctor and is mandated by the Legal Practitionersí Admission Board, Queensland, being a prescribed area of legal knowledge for legal practice.

The course provides students with opportunities to learn the importance of equitable principles and remedies in supplementing the common law and introduces students to skills required in drafting a legal memorandum of advice.

Synopsis

No study of law is complete without an understanding of the area of law which lessens and ameliorates the harsh impacts of common law rules. This course aims to provide a theoretical framework for the underlying fundamental principles of the law of Equity. The material will explore the historical development of equity, its relationship with the common law and an analysis of its current applications. Students will have an appreciation for its special characteristics and discretionary nature. The course will examine the practical application of equitable actions and remedies. In particular, a focus will be the manner in which equity may intervene in the application of more strict common law rights. Finally, students may be expected to be able to critique recent developments and comment on the direction of its principles to deal with new circumstances.

Objectives

On successful completion of this course, students should be able to:

  1. describe the development of equitable principles and their historical and current relationship with common law actions
  2. identify equitable interests and relationships which create equitable duties
  3. recognise specific equitable obligations and the potential liabilities
  4. analyse the potential development of equitable principles to current and new circumstances
  5. apply any of the equitable principles to commercial and personal problems with a view to providing practical advice
  6. describe and apply the equitable remedies that may be available to a particular action
  7. apply general policies underlying the law of equity in Australia in order to evaluate those laws, in particular for the topics considered in this course
  8. locate and analyse primary law materials and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course
  9. explain the legal principles relevant to the topics considered in this course
  10. apply such legal principles to given fact situations in order to determine the likely outcome to issues raised
  11. demonstrate satisfactory communication skills, including the ability to draft an internal memorandum of advice
  12. critically evaluate existing equitable principles.

Topics

Description Weighting(%)
1. The relationship between equity and the common law: (a) history; (b) current developments 20.00
2. Equitable interests in property 10.00
3. Relationships that create equitable duties and potential liabilities 20.00
4. Specific equitable obligations including: (a) estoppel; (b) unconscionability; (c) undue influence; (d) duties of confidence 30.00
5. Equitable remedies 20.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2013&sem=01&subject1=LAW5705)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • Radan, P & Stewart, C 2012, Principles of Australian equity and trusts, 2nd edn, LexisNexis, Chatswood, New South Wales.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Cockburn, T, Shirley, M & Carver, T 2009, Equity and trusts, 3rd edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Meagher, RP, Heydon, JD & Leeming, MJ 2002, Meagher, Gummow & Lehane's equity: doctrines and remedies, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.

Student workload requirements

Activity Hours
Assessments 45.00
Directed Study 50.00
Lectures and Tutorials 44.00
Private Study 26.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
FORMATIVE ASSESSMENT 0 0 12 Mar 2013
ASSIGNMENT 40 40 07 May 2013
2-HOUR EXAMINATION 60 60 End S1 (see note 1)

NOTES
  1. The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

Important assessment information

  1. Attendance requirements:
    It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments: Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the AGLC style in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The AGPS style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.

Other requirements

  1. Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.