| Semester 1, 2020 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 3 |
| ASCED code : | 090900 - Law |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Students enrolled prior to 2016 - Pre-requisite: (LAW5111 and LAW5112) or LAW5501
All other students - Pre-requisite or Co-requisite: LAW5113 or (LAW5601 and LAW5603)
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 and is mandated by the Legal Practitioners Admissions Board, Queensland, being a prescribed area of legal knowledge for legal practice.
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.
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 discretionary nature. 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.
Objectives
On successful completion of this course, students should be able to:
- describe the development of equitable principles and their historical and current relationship with common law actions;
- identify equitable interests and relationships which create equitable duties;
- recognise specific equitable obligations and the potential liabilities;
- analyse the potential development of equitable principles to current and new circumstances;
- apply any of the equitable principles to commercial and personal problems with a view to providing practical advice;
- describe and apply the equitable remedies that may be available to a particular action;
- apply general policies underlying the law of equity in Australia in order to evaluate those laws, in particular for the topics considered in this course;
- locate and analyse primary law materials and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course;
- explain the legal principles relevant to the topics considered in this course;
- apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;
- demonstrate satisfactory communication skills, including the ability to draft an internal memorandum of advice;
- critically evaluate existing equitable principles.
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. |
The relationship between equity and the common law:
|
20.00 |
| 2. | Equitable interests in property | 10.00 |
| 3. | Relationships that create equitable duties and potential liabilities | 20.00 |
| 4. |
Specific equitable obligations including:
|
30.00 |
| 5. | Equitable remedies | 20.00 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=01&subject1=LAW5212)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
(or most recent edition.)
(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 精东传媒app | 50.00 |
| Private 精东传媒app | 70.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ASSIGNMENT | 40 | 40 | 28 Apr 2020 | |
| ONLINE EXAM | 60 | 60 | End S1 | (see note 1) |
Notes
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via 精东传媒appDesk.
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:
Due to COVID-19 the requirements for S1 2020 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S1, 2020: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.) -
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:
Due to COVID-19 the requirements for S1 2020 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S1, 2020: To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure (point 4.4.2). -
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:
Due to COVID-19 the requirements for S1 2020 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.
Requirements after S1, 2020: This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination. -
Examination period when Deferred/Supplementary examinations will be held:
Due to COVID-19 the requirements for S1 2020 are: The details regarding deferred/supplementary examinations will be communicated at a later date.
Requirements after S1, 2020: Any Deferred or Supplementary examinations for this course will be held during the next examination period. -
精东传媒app Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene 精东传媒app 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 .