CQUniversity Unit Profile
LAWS12056 Equity
Equity
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.
Corrections

Unit Profile Correction added on 26-03-20

The end of term examination has now been changed to an alternate form of assessment. Please see your Moodle site for details of the assessment

General Information

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

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 - 2020

Online

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

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

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.

Previous Student Feedback

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 evaluations

Feedback

Written assignment: feedback indicated that the assignment was returned too late in the term.

Recommendation

Assessments will be returned to students two weeks before the exam at the latest.

Feedback from Student evaluations

Feedback

Written assignment: feedback indicated students wanted more detailed feedback on their assignment.

Recommendation

Assessment feedback will include a completed rubric.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Explain the principles of Equity and their relationship to broader legal principles
  2. 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
  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 Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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 and Resources

Textbooks

Prescribed

Principles of Australian Equity and Trusts

4th edition (2018)
Authors: Peter Radan and Cameron Stewart
Lexis Nexis Australia
Sydney Sydney , NSW , Australia
Binding: Paperback

Additional Textbook Information

Copies are available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Alexandra McEwan Unit Coordinator
a.mcewan@cqu.edu.au
Schedule
Week 1 Begin Date: 09 Mar 2020

Module/Topic

Introduction to equity: history and

nature of equity

Chapter

Chapters One and Two 

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 12th March 2020

Week 2 Begin Date: 16 Mar 2020

Module/Topic

Relationship between the common law and Equity

Chapter

Chapter 3

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 19th March 2020

Week 3 Begin Date: 23 Mar 2020

Module/Topic

Equitable Interests and Estates

Chapter

Excerpts from Ch 4, 5, 6 and 8

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 26th March 2020

Week 4 Begin Date: 30 Mar 2020

Module/Topic

Confidential Information

Chapter

Chapter 9

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 2nd April 2020

Week 5 Begin Date: 06 Apr 2020

Module/Topic

Fiduciary Obligations

Chapter

Chapter 10

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 9th April 2020

Vacation Week Begin Date: 13 Apr 2020

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 20 Apr 2020

Module/Topic

Undue Influence

Chapter

Chapter 11

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 23th April 2020

Week 7 Begin Date: 27 Apr 2020

Module/Topic

Unconscionable Transactions

Chapter

Chapter 13

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 30th April 2020

Week 8 Begin Date: 04 May 2020

Module/Topic

Equitable Estoppel

Chapter

Chapter 14

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 7th May 2020

Written Assessment Due: Week 8 Thursday 7th May 2020 5:00 pm AEST


Written Assessment Due: Week 8 Thursday (7 May 2020) 5:00 pm AEST
Week 9 Begin Date: 11 May 2020

Module/Topic

Remedies I

Chapter

Chapters 28 and 29

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 14th May 2020

Week 10 Begin Date: 18 May 2020

Module/Topic

Remedies II

Chapter

Excerpts from Chapters 30, 32, 33 and 38

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 21st May 2020

Week 11 Begin Date: 25 May 2020

Module/Topic

Defences

Chapter

Chapter 39

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 28th May 2020

Week 12 Begin Date: 01 Jun 2020

Module/Topic

Revision 

Chapter

Nil

Events and Submissions/Topic

Zoom session 7pm (Qld time)

Thursday 4th June 2020

Review/Exam Week Begin Date: 08 Jun 2020

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 15 Jun 2020

Module/Topic

Chapter

Events and Submissions/Topic

Term Specific Information

CONSULTATION HOURS: I am generally available for consultation on Tuesdays and Thursdays from 10 am to 12 noon

AEDT (I am located in Victoria). 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. 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, via Zoom, 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

Assessment Tasks

1 Written Assessment

Assessment Title
Written Assessment

Task Description

Assessment Paper: Due Week 8 – Thursday 7th May 2020

Maximum Word Limit: 2000 words

40 marks (40%)

Task Description

Students will be required answer two questions. The first question will be an equity law problem. The second question will be essay style.

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) 4th Edition. Further details of the assignment will be uploaded to Moodle and discussed during Zoom session week One.


Assessment Due Date

Week 8 Thursday (7 May 2020) 5:00 pm AEST


Return Date to Students

Week 10 Friday (22 May 2020)


Weighting
40%

Assessment Criteria

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 (Australian Guide to Legal Citation, 4th ed)

The rubric will be uploaded to Moodle and will be attached to the assignment instructions.


Referencing Style

Submission
Online

Submission Instructions
Submit via Moodle as a Word document. I will only accept online submission of your work.

Learning Outcomes Assessed
  • 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


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Technology Competence

Examination

Outline
Complete an invigilated examination

Date
During the examination period at a CQUniversity examination centre

Weighting
60%

Length
120 minutes

Exam Conditions
Open Book

Materials
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Academic Integrity Statement

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?