Faculty of Law

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)


This unit introduces students to the nature and function of equity in the modern Australian legal system. Students learn about the relationship between equity and the common law within the broader context of Australia's judge-made private law, and study key doctrines of equity, including breach of confidence, fiduciary relationships and the duties to which they give rise, equitable property rights and equitable remedies.


On completion of this unit students will:

  1. understand the position of equity within the Australian legal system, and its relationship with the common law and its place within the system of judge-made private law
  2. understand, and be able to critically analyse key doctrines of equity, their development in Australia and in other legal systems, and their theoretical underpinnings
  3. be able to make competent judgements regarding the likely future development of equitable doctrines on a case by case basis
  4. be able to articulate the application of equitable doctrines and remedies to practical legal problems.


Exam (3 hour writing time plus 30 minutes reading and noting time): 100% OR written assignment (2000) words: 40% AND exam (2 hour writing time plus 30 minutes reading and noting time): 60%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Richard Joyce (First Semester);
Dr Vicki Vann (Second Semester)


For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111
For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104