Overview
LAWS12056 Equity 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 Judicature Act 1873 (IMP). 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 rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations and unconscionable transactions. The third part deals with equitable remedies including declarations, specific performance, injunctions, rescission and damages together with equitable defences. This unit together with LAWS12060 Trusts meets the LPAB requirements for equity.
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 3 - 2018
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 'Have Your Say' Unit evaluations
Students expressed a preference for the term study materials for week 1 -11 to be uploaded at the beginning of term.
Term materials to be uploaded at the beginning of term.
- Explain the principles of Equity and their relationship to broader legal principles
- Identify relevant equitable doctrines (equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations and unconscionable transactions) 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 & Trusts
Edition: 3rd edn (2016)
Authors: Radan, P & Stewart, C
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
Binding: Paperback
Additional Textbook Information
Textbooks are available to purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search by the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- laptop or hard drive computer
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.mcewan@cqu.edu.au
Module/Topic
Introduction to Equity: The History and Nature of Equity
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapters 1 and 2.
Events and Submissions/Topic
Tutorial 1
Zoom tutorial 7- 8pm Tuesday 6th November (Qld time)
Module/Topic
Relationship between the Common Law and Equity
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (3rd ed, 2016) Chapter 3.
Events and Submissions/Topic
Tutorial 2
Zoom tutorial 7- 8pm Tuesday 13th November (Qld time)
Module/Topic
Equitable Estates and Interests
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Excerpts from Ch 4, 5, 6 and 8.
Events and Submissions/Topic
Tutorial 3
Zoom tutorial 7- 8pm Tuesday 20th November (Qld time)
Module/Topic
Confidential Information
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 9.
Events and Submissions/Topic
Tutorial 4
Zoom tutorial 7- 8pm Tuesday 27th November (Qld time)
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Fiduciary Obligations
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 10.
Events and Submissions/Topic
Tutorial 5
Zoom tutorial 7- 8pm Tuesday 11th December (Qld time)
Module/Topic
Undue Influence
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 11.
Events and Submissions/Topic
Tutorial 6
Zoom tutorial 7- 8pm Tuesday 18th December (Qld time)
Module/Topic
Unconscionable Transactions
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 13.
Events and Submissions/Topic
Tutorial 7 Zoom tutorial:
As the 1st Jan 2019 is a Public Holiday, the date and time for this tutorial will be announced in the Week One Term Three tutorial.
Module/Topic
Equitable Estoppel
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 14.
Events and Submissions/Topic
Tutorial 8
Zoom tutorial 7- 8pm Tuesday 8th January 2019 (Qld time)
Written Assessment Due: Week 8 Thursday (10 Jan 2019) 5:00 pm AEST
Module/Topic
Remedies I
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Excerpts from Ch 28, 29, 34, 38.
Events and Submissions/Topic
Tutorial 9
Zoom tutorial 7- 8pm Tuesday 15th January 2019 (Qld time)
Module/Topic
Remedies II
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Excerpts from Chapters 30, 32, and 33.
Events and Submissions/Topic
Tutorial 10
Zoom tutorial 7- 8pm Tuesday 22nd January 2019 (Qld time)
Module/Topic
Defences
Chapter
Peter Radan and Cameron Stewart, Principles of Australian Equity and Trusts (LexisNexis, 3rd ed, 2016) Chapter 39.
Events and Submissions/Topic
Tutorial 11
Zoom tutorial 7- 8pm Tuesday 29th January 2019 (Qld time)
Module/Topic
Revision
Chapter
Revision
Events and Submissions/Topic
Tutorial 12
Zoom tutorial 7- 8pm Tuesday 5th February 2019 (Qld time)
Module/Topic
Chapter
Events and Submissions/Topic
Dear Students,
Welcome to LAWS12056 Equity.
My contact details are as follows:
Email: a.mcewan@cqu.edu.au
Ph:Telephone: 03 9616 0620
CONSULTATION HOURS: I am generally available for consultation on Mondays and Wednesdays from 9 am to 12 noon (Eastern Standard Time).
You are welcome to contact me on my landline number and leave a message. If I do not answer your call within 24 hours, please send me an email.
The best way to contact me is by email. I check my emails regularly and will get back to you to make a time to talk.
I am located in Melbourne. If you are in Melbourne you are welcome to contact me to arrange a time to see me in person. I am also available at other times (by phone or in person) subject to prior arrangement with me.
Best wishes,
Alex
1 Written Assessment
Assessment Paper: Due Week 8 – Wednesday, 10 January 2019 at 5pm
Maximum Word Limit: 3000 words
40 marks (40%)
Task Description
Students will be required to solve an Equity Law problem question.
Students will be required to refer to relevant case law and statute and to apply legal reasoning, critical thinking skills
and to engage in research to support arguments. Students must reference their work in accordance with the Australian
Guide to Legal Citation (AGLC). Further details of the assignment will be uploaded to Moodle and discussed during
tutorial 1.
Week 8 Thursday (10 Jan 2019) 5:00 pm AEST
Week 10 Thursday (24 Jan 2019)
Marking will be completed according to a rubric based on the following categories: understanding of factual basis and relevant law; presented in a logical structure; exploration of legal issues; legal problem solving; and written expression and AGLC referencing.
The rubric will be uploaded to Moodle and will be attached to the assignment instructions.
No submission method provided.
- Explain the principles of Equity and their relationship to broader legal principles
- Identify relevant equitable doctrines (equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations and unconscionable transactions) 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
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?
