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The current and official versions of the course specifications are available on the web at https://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW2212 Equity

Semester 3, 2021 Online
Short Description: Equity
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded
Version produced : 11 April 2021

Staffing

Examiner: Vanitha Sundra-Karean

Requisites

Pre-requisite or Co-requisite: LAW1123

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 Bachelor of Laws and is mandated by the Legal Practitioners 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.

Topics

Description Weighting(%)
1. The relationship between equity and the common law:
  1. history
  2. 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:
  1. estoppel
  2. unconscionability
  3. undue influence
  4. 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://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW2212)

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

Bryan M W, Vann V J & Barkehall Thomas S 2017, Equity and Trusts in Australia, 2nd edn, Cambridge University Press, Melbourne, Victoria.
(or most recent edition.)

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, Carver, T & Matthew, A 2014, Equity and trusts, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(or most recent edition.)
Radan, P, Stewart, C & Vickovich, I 2019, Principles of Australian equity and trusts, cases and materials, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
(or most recent edition.)

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ASSIGNMENT 40 40 18 Jan 2022
EXAMINATION 60 60 End S3 (see note 1)

Notes
  1. This will be an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility 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.

    On-campus: 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:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  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 Bachelor of Laws must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws 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.

Date printed 11 April 2021