CQUniversity Unit Profile

LAWS12056 - Equity

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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).

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. Please visit Moodle for more information.

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

Regional Campuses

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville

Metropolitan Campuses

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.

CQUniversity Policies

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.

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:

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 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 - First Nations Knowledges
11 - 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	11
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)

View textbooks at the CQUniversity Bookshop

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

Module/Topic

Chapter

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

Australian Guide to Legal Citation, 4th ed

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.