LAWS12056 - Equity
Term 1 - 2017


All details in this unit profile for LAWS12056 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

This unit examines Equity Law, the secondary body of English law as developed by the Courts of Chancery, supplementing the Common Law, together with reform initiatives including the 1873 UK Judicature Act. The unit has three main parts. The first part surveys the origins of Equity Law and its contested relationship with the Common Law. The second part addresses: equitable estates and interests; fiduciary relationships and unconscionable transactions. The third part deals with available remedies including declarations, specific performance, injunctions, rescission and damages together with equitable defences.

Details

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

Prerequisite: LAWS11057, LAWS11059, LAWS11061 & LAWS11062

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Written Assessment 40%
2. Examination 60%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Tutorial session needs improvement Student Evaluation Use of Zoom sessions to facilitate student interaction and provide a platform to respond to students’ queries. Students will be informed in advance what to prepare for the online tutorials which will focus on their problem-solving skills.
Use of Zoom for tutorials Student Evaluation Blackboard Collaborate sessions will be replaced by Zoom as the primary platform for audio-visual communications. This will engage students on a weekly basis in a tutorial mode.
Tony Meecham’s lectures were short. Student Evaluation Fresh comprehensive lectures using ECHO360 will be uploaded on Moodle. The greater use of practical examples to explain complex concepts will foster students’ engagement and assist in their assimilation of the law.
Feedback on assessment Student Evaluation More detailed feedback will be provided to assist students to improve. The provision of two assessment pieces will enable students to judge their performance based on the first feedback.
Hard to hear lectures. Student Evaluation Zoom will provide better audio, video and screen share qualities and enhance students’ engagement.
On successful completion of this unit, you will be able to:
  1. Demonstrate an awareness of the principles of Equity and their relationship to broader legal principles.
  2. Identify relevant equitable doctrines and remedies and apply them to problem scenarios.
  3. Critically analyse the role played by Equity in common law jurisdictions.
  4. Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies.
  5. Identify and critically assess different theoretical arguments relevant to equitable doctrines and remedies.
  6. Analyse and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5 6
1 - Written Assessment      
2 - Examination  

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5 6
1. Communication            
2. Problem Solving
3. Critical Thinking
4. Information Literacy          
5. Team Work            
6. Information Technology Competence            
7. Cross Cultural Competence            
8. Ethical practice            

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Written Assessment        
2 - Examination          

Prescribed Textbooks

Principles of Australian Equity and Trusts
Author/s: Peter Radan & Cameron Stewart Year: 2016
Edition: Third Publisher: LexisNexis Butterworths
City: Chatswood State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop
Note: No

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Webcam for participation in tutorials
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorAmanda Stoker (a.stoker@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Introduction to Equity

1, 2

Week 2 13-03-2017

Relationship of Law and Equity

3

Week 3 20-03-2017

Equitable Interests

4, 5, 6

Week 4 27-03-2017

Confidential Information

9

Week 5 03-04-2017

Fiduciary Obligations

10

Vacation Week 10-04-2017
Week 6 17-04-2017

Undue Influence

11

Week 7 24-04-2017

Unconscionable Transactions

13

Week 8 01-05-2017

Equitable Estoppel

14

Written Assessment Due Wednesday (03 May 17) 11:45 PM AEST
Week 9 08-05-2017

Remedies 1

28, 29, 30, 31

Week 10 15-05-2017

Remedies 2

32, 33, 34, 38

Return of marked assignment during this week

Week 11 22-05-2017

Defences

39

Week 12 29-05-2017

Revision

Review/Exam Week 05-06-2017
Exam Week 12-06-2017

Amanda Stoker is the course coordinator. She can be contacted at a.stoker@cqu.edu.au or by telephoning 07 3236 5081 or 0438 141 612.

1 Written Assessment

Assessment Title Written Assessment
Task Description

The assignment will require you to use the knowledge acquired in this course to analyse a factual scenario and arrive at a final conclusion that answers the questions raised by it. You should make use of recent journal articles and case reports in your analysis of the issues being raised. The length of the main body of the essay should be no more than 3000 words. Answers that exceed the limit by more than 10% will be penalised. Text should be word-processed, with appropriate layout and the use of heading/sub-headings. There should be a list of references or bibliography at the end of your assignment.

Please upload your file in Word format (.doc or .docx). Submissions must have a cover page stating your name, student number, word count, and details of any extension granted (if applicable). Please include your name and student number on every page of the document (either in a header or footer) and number the pages of your assignment.

Assessment Due Date Week 8 Wednesday (03-May-2017) 11:45 PM AEST
Return Date to Students Week 10 Friday (19-May-2017)
Weighting 40%
Assessment Criteria

ASSESSMENT CRITERIA

These criteria are a general guide as to the standard expected at various levels.

High distinction standard

· The answer is very well written and clearly expressed

· There is a demonstrated appreciation and understanding of issues involved

· The answer is well structured and logically organised

· Demonstrated mastery of the referencing system

· There is evidence of a comprehensive analysis of the issues

Distinction standard

· The answer is well written and expressed

· The answer is structured and logical

· The issues have been reasonably well defined and appreciated

· There is correct use of referencing

· Issues have been analysed

Credit

· The answer is generally well written and expressed

· The answer is structured and sequential

· Referencing is satisfactory

· Issues are identified and addressed

· There has been an attempt to analyse some of the issues

Pass standard

· The answer is able to be followed and understood

· The answer could perhaps be better organised and structured

· The referencing may need improvement

· Issues may need to be identified and addressed in more depth

· Analysis when present may be incorrect

Fail standard

· The answer is sometimes significantly short of the required length

· The written expression is poor and difficult to understand

· The answer is poorly organised

· There has been a failure to address issues

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Upload your file in Word format (.doc or .docx).

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Demonstrate an awareness of the principles of Equity and their relationship to broader legal principles.

2. Identify relevant equitable doctrines and remedies and apply them to problem scenarios.

4. Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

6. Information Technology Competence



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Demonstrate an awareness of the principles of Equity and their relationship to broader legal principles.

2. Identify relevant equitable doctrines and remedies and apply them to problem scenarios.

3. Critically analyse the role played by Equity in common law jurisdictions.

5. Identify and critically assess different theoretical arguments relevant to equitable doctrines and remedies.

6. Analyse and predict how unresolved or ambiguous questions of equitable doctrine could be resolved by the courts.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking


© 2017 CQUniversity
Page generated by apps-prod-02.cqu.edu.au at Fri Apr 28 14:26:18 AEST 2017