| Semester 3, 2021 Online | |
| Short Description: | Advanced Equity |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 4 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite or Co-requisite: LAW5123
Other Requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is a core course in the Juris Doctor program. Together with Advanced Property and Trusts B, it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the equity area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of equity (specifically: the nature of equity; equitable rights, titles and interests; equitable assignments; estoppel in equity; fiduciary obligations; unconscionable transactions; and equitable remedies).
Synopsis
No study of law is complete without an understanding of the area of law which lessens and ameliorates the harsh impacts of common law rules. This course aims to provide a theoretical framework for the underlying fundamental principles of the law of Equity. The material will explore the historical development of equity, its relationship with the common law and an analysis of its current applications. Students will have an appreciation for its special characteristics and the operation of guided discretion. The course will examine the practical application of equitable actions and remedies. In particular, a focus will be the manner in which equity may intervene in the application of more strict common law rights. Finally, students may be expected to be able to critique recent developments and comment on the direction of its principles to deal with new circumstances. The course provides students with opportunities to learn the importance of equitable principles and remedies in supplementing the common law and introduces students to skills required in drafting a legal memorandum of advice.
Objectives
On successful completion of this course, students should be able to:
- Demonstrate an advanced and integrated understanding [explain, apply and evaluate] of a complex body of knowledge [relevant to equity], and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; and of the principles and values of justice and of ethical practice in lawyers’ roles [fiduciary obligations] (PO1/TLO1).
- Demonstrate an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts, and to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community [fiduciary obligations] (PO2/TLO2).
- Identify and articulate complex legal issues [relevant to equity]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions [relevant to equity] as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to equity] (PO4/TLO4).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. |
The nature of equity [Admission Rules 5(1)(a)]. |
10.00 |
| 2. | Equitable rights, titles and interests [including priorities] [Admission Rules 5(1)(b)]. | 10.00 |
| 3. | Equitable assignments [Admission Rules 5(1)(c)]. | 10.00 |
| 4. | Estoppel in equity [Admission Rules 5(1)(d)]. | 10.00 |
| 5. | Fiduciary obligations [Admission Rules 5(1)(e)]. | 10.00 |
| 6. | Unconscionable transactions [including unconscionable conduct in equity, undue influence and equitable relief against penalties and forfeiture] [Admission Rules 5(1)(f)]. | 20.00 |
| 7. | Equitable remedies [Admission Rules 5(1)(g)]. | 20.00 |
| 8. | Breach of confidence. | 10.00 |
Text and Materials
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=03&subject1=LAW5212)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
(or most recent edition.)
Reference Materials
((or most recent edition).)
(or most recent edition.)
(or most recent edition.)
Student Workload Expectations
| Activity | Hours |
|---|---|
| Assessments | 45.00 |
| Directed Study | 50.00 |
| Private Study | 70.00 |
Assessment Details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ONLINE TEST | 15 | 15 | 07 Dec 2021 | (see note 1) |
| RESEARCH ASSIGNMENT | 45 | 45 | 18 Jan 2022 | |
| ONLINE EXAMINATION | 40 | 40 | End S3 | (see note 2) |
Notes
- This will be an online test requiring students to write a case analysis. The online test will be available from 29 November 2021 to 7 December 2021. It will close and all submissions will be due by 11.59PM on 7 December 2021.
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.
Important assessment information
-
Attendance requirements:
There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item. -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course. -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
An Online Examination is one in which candidates may have access to any printed or written material. -
Examination period when Deferred/Supplementary examinations will be held:
Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure . -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment Notes
-
Referencing in assignments:
Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the AGLC style in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The AGPS style to be used is defined by the USQ Library's referencing guide at .