units

LAW5445

Faculty of Law

18 September 2017 27 April 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Synopsis

This unit will build upon the study of Equity in undergraduate and JD programs. Complex issues which are not covered in these units will be explored at an advanced level and topics will be drawn from a selection of the principal areas of equitable causes of action and remedies. The selection of issues will incorporate comparative aspects where relevant and may include contemporary complex and controversial developments in Australian jurisprudence.
Topics covered may vary, depending on topicality, and lecturer and student interest in a given year. They are likely to include some or all of the following:
fiduciary obligations of company directors, fiduciary liability for non-disclosure, agency, subrogation, the interaction between equity and restitution law in Australia, the equitable liability of banks, the fusion of law and equity, proportionate liability for equitable wrongdoing, and equitable personal and proprietary remedies.

Outcomes

On completion of this unit students should be able to:

  1. demonstrate and apply specialised knowledge of a range of controversies in the commercial field of equity;
  2. demonstrate advanced skills in interpreting equity cases, academic commentary and relevant legislation and applying them to evaluate complex commercial equity issues;
  3. critically evaluate the effectiveness of equitable remedies;
  4. understand, evaluate and apply policy arguments for and against reform of Australian equity doctrines and remedies;
  5. conduct independent research into relevant Australian and international materials on contemporary equity issues; and
  6. write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of commercial-focused equity issues.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW5008 (or equivalent)