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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).

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.

On successful completion of this course, students should be able to:

1. 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).
2. 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).
3. 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).
4. 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).
5. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).