Overview
Remedies is a unit that provides you with an overview of the source and extent of remedies that are available in Australia by statute, at common law and in equity. The unit develops a clear understanding of remedial law by analysing legal problems and identifying appropriate solutions, primarily in private law causes of action, such as tort, contract and property law. The unit deals with a wide range of remedies, including compelling performance, compensation, unjust enrichment, restitution, punishment, proprietary remedies, and self-help remedies. Remedies is a practically orientated unit, that supports students to develop the skills required to answer questions in legal problem-based scenarios, such as ‘what is the remedy for this cause of action’, ‘what options are available to this litigant’, and ‘how would a court likely deal with this issue’? Students will consider the appropriate remedies that may be available for a particular cause of action. The unit considers remedies in a functional manner; that is, to compensate for loss, to compel performance, to vindicate, to deal with gain-based relief for wrong, to provide restitution and to consider proprietary remedies. The unit also considers the enforcement of remedies, on an interlocutory and final basis, and the appropriate methodology for the assessment of damages.
Details
Pre-requisites or Co-requisites
Pre-requisite: 48 cp of Laws units including LAWS11057, LAWS11066, LAWS11069 and LAWS12078.
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 2 - 2026
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.
- Identify the sources of remedies in Australia
- Discuss private law remedies that logically follow civil litigation, and recurring issues, such as the issue of remoteness when considering compensatory damages
- Outline and discuss the basic the nature and purpose of remedies in a theoretical and practical sense, when determining potential remedies in a given fact situation
- Analyse how remedies confer rights to litigants to seek, and obtain, an appropriate order, when relying upon statutory provisions, the common law or equity.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Online Test - 30% | ||||
| 2 - Take Home Exam - 70% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 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 | ||||