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 1 - 2019
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 and Trusts
4th edition (2018)
Authors: Peter Radan and Cameron Stewart
Lexis Nexis Australia
Binding: Paperback
Additional Textbook Information
Paper copies can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.mcewan@cqu.edu.au
Module/Topic
Introduction to Equity: History and Nature of Equity
Chapter
Chapters 1 and 2
Events and Submissions/Topic
Tutorial 6pm (Qld time) Thursday 14th March 2019
Module/Topic
Relationship between the common law and Equity
Chapter
Chapter 3
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 21st March 2019
Module/Topic
Equitable Interests and Estates
Chapter
Excerpts from Ch 4, 5, 6 and 8
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 28th March 2019
Module/Topic
Confidential Information
Chapter
Chapter 9
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 4th April 2019
Module/Topic
Fiduciary Obligations
Chapter
Chapter 10
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 11th April 2019
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Undue Influence
Chapter
Chapter 11
Events and Submissions/Topic
As Thursday 25th April 2019 is a Public Holiday, the date and time for this tutorial will be announced in the Week One Term 1 2019 Zoom session.
Module/Topic
Unconscionable Transactions
Chapter
Chapter 13
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 2nd May 2019
Module/Topic
Equitable Estoppel
Chapter
Chapter 14
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 9th May 2019
Written Assessment Due: Week 8
Thursday (9th May) 5:00 pm AEST
Written Assessment Due: Week 8 Thursday (9 May 2019) 5:00 pm AEST
Module/Topic
Remedies I
Chapter
Chapters 28 and 29
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 16th May 2019
Module/Topic
Remedies II
Chapter
Excerpts from Chapters 30, 32, 33 and 38.
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 23rd May 2019
Module/Topic
Defences
Chapter
Events and Submissions/Topic
Zoom session 6pm (Qld time) Thursday 30th May 2019
Module/Topic
Revision
Chapter
Nil
Events and Submissions/Topic
Revision Zoom session 6pm (Qld time) Thursday 6th June 2019
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
CONSULTATION HOURS: I am generally available for consultation on Tuesdays and Thursdays from 10 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 meet me in person. I am also available at other times (by phone or in person) subject to prior arrangement with me.
I welcome your feedback and suggestions: a.mcewan@cqu.edu.au
Dr Alexandra McEwan, Unit Coordinator, Equity
1 Written Assessment
Assessment Paper: Due Week 8 – Thursday 9th May 2019 at 5pm
Maximum Word Limit: 2500 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, apply legal reasoning and critical thinking skills,
and 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 (9 May 2019) 5:00 pm AEST
Week 10 Thursday (23 May 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.
- 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
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.