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.
Susan Barkehall Thomas Research ProfileResearch Profile (http://monash.edu/research/explore/en/persons/susan-barkehall-thomas(7ae649a2-cec0-432d-815a-59422eb3bc11).html)
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
Not offered in 2019
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
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.
On completion of this unit students should be able to:
- demonstrate and apply specialised knowledge of a range of controversies in the commercial field of equity;
- demonstrate advanced skills in interpreting equity cases, academic commentary and relevant legislation and applying them to evaluate complex commercial equity issues;
- critically evaluate the effectiveness of equitable remedies;
- understand, evaluate and apply policy arguments for and against reform of Australian equity doctrines and remedies;
- conduct independent research into relevant Australian and international materials on contemporary equity issues; and
- write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of commercial-focused equity issues.
One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%
24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)