LAW5445 Commercial equity
Faculty of Law
LAW5445 Commercial equity is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law, offered in 2023 in Semester 2 at Monash Law Chambers. It has no prerequisites.
- Credit points
- 6
- Offered in 2023
- Semester 2
- Monash Law Chambers
- Assessment
- Exam 45%
- and 1 other task
This is the 2023 handbook entry. See the 2027 entry.
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Requisites
Before LAW5445
No prerequisites or corequisites besides the enrolment rules below.
After LAW5445
No unit lists LAW5445 as a prerequisite in the 2023 handbook.
Enrolment rules
For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 points of study including LAW5008 Principles of equity.
Overview
This unit is designed to deepen general understanding of commercial equity by reference to its origins and early development. The unit examines the evolution of certain core equitable doctrines most relevant to commercial practice from their early recognition up to recent decisions of the High Court of Australia. This unit will build upon the study of equity in undergraduate and JD programmes. Complex concepts which are not covered in those programmes will be explored at an advanced level. Topics will be drawn from a selection of equitable doctrines relevant to commercial legal practice, such as injunctions and specific performance, trusts, equitable relief against performance of contractual obligations, fiduciary duties, and unconscionability.
Offerings in 2023
| Teaching period | Campus | Mode |
|---|---|---|
| Second semester | Monash Law Chambers | On campus |
Assessment
- Research assignment55%
- Take home exam45%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Demonstrate understanding of the history of the Court of Chancery and the emergence and development of equitable principles relevant to commercial equity;
- 2
Apply knowledge of the guiding principles of equity, and the broader body of precedent, to the analysis of how those principles influence current and future developments of commercial equity in Australia;
- 3
Critically analyse the relationship between contemporary and commercial equitable doctrines and their historical evolution;
- 4
Communicate effectively and persuasively on complex matters in response to real-world commercial equity scenarios;
- 5
Investigate, identify and synthesize information relating to historical decisions in equity cases for the purposes of contemporary legal practice in commercial equity.
Workload and teaching
- Workshops24 hours
- Teaching approachActive learning
24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). 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.
Where it fits
LAW5445 is part of 1 area of study in the 2023 handbook.
Contacts
- Chief Examiners
- Mr Nick Sinanis
Common questions
What are the prerequisites for LAW5445?
LAW5445 has no prerequisites, but enrolment rules apply.
When is LAW5445 offered?
In 2023, LAW5445 runs in Semester 2 at Monash Law Chambers.
Does LAW5445 have an exam?
Yes. The exam is worth 45% of the final mark, alongside 1 other task.
Which majors and minors include LAW5445?
LAW5445 is part of Commercial and corporate law.