UnitLevel 5Postgraduate

LAW5008 Principles of equity

Faculty of Law

LAW5008 Principles of equity is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2021. It has no prerequisites and unlocks 4 units.

Credit points
6
Offered in 2021
Other periods
Monash Law Chambers
Assessment
Exam 60%
and 1 other task

This is the 2021 handbook entry. See the 2027 entry.

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Requisites

Enrolment rules

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

Overview

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.

Offerings in 2021

Teaching periodCampusMode
Trimester 1Monash Law ChambersOn campus
Trimester 2Monash Law ChambersOn campus
Trimester 3Monash Law ChambersOn campus

Assessment

  • Research assignment
    40%
  • Final ExamExam
    60%

Learning outcomes

When you finish this unit, you should be able to:

  1. 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. 2

    Demonstrate sophisticated cognitive and creative skills in interpreting and evaluating professional conclusions and in making reasoned and appropriate choices among alternatives;

  3. 3

    Exercise advanced and integrated professional judgement and responsibility to generate responses to complex factual scenarios, evaluating both jurisprudential and practical considerations;

  4. 4

    Communicate effectively and persuasively in a format appropriate for scholarship or professional practice; and

  5. 5

    Learn and work with a high level of autonomy, accountability and professionalism and reflect on and assess your own performance.

Workload and teaching

  • Seminars36 hours
  • Workshops36 hours
  • Teaching approachActive learning

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Contacts

Chief Examiners
Mr Nick Sinanis
Ms Susan Barkehall Thomas
Dr Vicki Vann

Common questions

What are the prerequisites for LAW5008?

None, but you must take LAW5006 before or alongside it.

What can I take after LAW5008?

LAW5008 is a prerequisite or corequisite for 4 units, including LAW5010, LAW5054, LAW5445 and LAW5653.

When is LAW5008 offered?

LAW5008 has no offerings listed in the 2021 handbook.

Does LAW5008 have an exam?

Yes. The exam is worth 60% of the final mark, alongside 1 other task.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Not available