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
Pre-requisites or Co-requisites
Prerequisite: LAWS11057, LAWS11059, LAWS11061 & LAWS11062
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2017
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).
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 Grading
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 Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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 from Student Evaluation
Use of Zoom for tutorials
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.
Completed.
Feedback from Student Evaluation
Tony Meecham’s lectures were short.
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.
The lecture recordings were not updated, and the course would benefit from such an update. Tutorials went for 40 mins to 60 mins each.
Feedback from Student Evaluation
Tutorial session needs improvement
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.
Students had problem questions and discussion topics given to them pre-tutorial, and participation was generally good. Zoom, as a platform, generally worked well.
Feedback from Student Evaluation
Feedback on assessment
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.
Written feedback was individually tailored and accompanied by a matrix of the attributes sought with markers of where each student lay on that matrix. Where students wanted additional feedback, that was provided either via email or in personal calls or Zoom sessions.
Feedback from Student Evaluation
Hard to hear lectures.
Zoom will provide better audio, video and screen share qualities and enhance students’ engagement.
Completed.
- Demonstrate an awareness of the principles of Equity and their relationship to broader legal principles.
- Identify relevant equitable doctrines and remedies and apply them to problem scenarios.
- Critically analyse the role played by Equity in common law jurisdictions.
- Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies.
- Identify and critically assess different theoretical arguments relevant to equitable doctrines and remedies.
- 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 - 40% | ||||||
| 2 - Examination - 60% | ||||||
Alignment of Graduate Attributes to Learning Outcomes
| 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 | ||||||
| 9 - Social Innovation | ||||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 40% | ||||||||||
| 2 - Examination - 60% | ||||||||||
Textbooks
Principles of Australian Equity and Trusts
Edition: Third (2016)
Authors: Peter Radan & Cameron Stewart
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 978-0-409-34043-3
Binding: Hardcover
Additional Textbook Information
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Webcam for participation in tutorials
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
a.stoker@cqu.edu.au
Module/Topic
Introduction to Equity
Chapter
1, 2
Events and Submissions/Topic
Module/Topic
Relationship of Law and Equity
Chapter
3
Events and Submissions/Topic
Module/Topic
Equitable Interests
Chapter
4, 5, 6
Events and Submissions/Topic
Module/Topic
Confidential Information
Chapter
9
Events and Submissions/Topic
Module/Topic
Fiduciary Obligations
Chapter
10
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Undue Influence
Chapter
11
Events and Submissions/Topic
Module/Topic
Unconscionable Transactions
Chapter
13
Events and Submissions/Topic
Module/Topic
Equitable Estoppel
Chapter
14
Events and Submissions/Topic
Module/Topic
Remedies 1
Chapter
28, 29, 30, 31
Events and Submissions/Topic
Module/Topic
Remedies 2
Chapter
32, 33, 34, 38
Events and Submissions/Topic
Return of marked assignment during this week
Module/Topic
Defences
Chapter
39
Events and Submissions/Topic
Module/Topic
Revision
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
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
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.
Week 8 Wednesday (3 May 2017) 11:45 pm AEST
Week 10 Friday (19 May 2017)
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
- Demonstrate an awareness of the principles of Equity and their relationship to broader legal principles.
- Identify relevant equitable doctrines and remedies and apply them to problem scenarios.
- Research, critically analyse and evaluate cases and secondary material with reference to equitable doctrines and remedies.
- Communication
- Problem Solving
- Critical Thinking
- Information Technology Competence
Examination
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
