|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Student contribution band :||Band 4|
|Grading basis :||Graded|
|Version produced :||29 May 2022|
Pre-requisite or Co-requisite: LAW5123
This is a core course in the Juris Doctor program. Together with Advanced Property and Trusts B, it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the equity area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of equity (specifically: the nature of equity; equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations; unconscionable transactions; and equitable remedies).
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 the operation of guided discretion. 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. 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.