units

LAW5008

Faculty of Law

Postgraduate - 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.

print version

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.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7269

Quota applies

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

Synopsis

The 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, and study the key doctrines of equity. These include: equitable assignments, breach of confidence, fiduciary relationships and breach of fiduciary duty, third party liability and tracing, personal and proprietary remedies in equity and equitable defences.

Outcomes

At the successful completion of this unit students will be able to:

  1. demonstrate an advanced and integrated understanding of key doctrines of equity (including principles and standards), their relationship to common law, their historical development and trajectories, and their theoretical underpinnings;
  2. demonstrate sophisticated cognitive and creative skills in interpreting and evaluating professional conclusions and in making reasoned and appropriate choices among alternatives;
  3. exercise advanced and integrated professional judgement and responsibility to generate responses to complex factual scenarios, evaluating both jurisprudential and practical considerations;
  4. communicate effectively and persuasively in a format appropriate for scholarship or professional practice; and
  5. learn and work with a high level of autonomy, accountability and professionalism and reflect on and assess their own performance.

Assessment

1. Research assignment (3,000 words): 40%
2. Examination (2 hours plus 30 minutes reading time): combination of problem questions and short answers: 60%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW7265 or LAW5002, LAW5005 and LAW5004 (for students beginning in 2015 or later)

Co-requisites