Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The principles of equity were originally developed to ameliorate the harshness of the common law and have since become a fundamental component of our legal system. A knowledge and understanding of the major principles of equity is necessary for you to have an appreciation of how the Australian legal system operates and this unit is therefore located early in the LLB degree.

Aims

The aim of this unit is to provide you with a coherent knowledge and understanding of equitable obligations - duties, defences and remedies - as well as develop skills relevant to your future studies in law and your work in professional legal practice. You will learn how to apply equitable principles in a real world context by participating in a team legal letter writing exercise.

Objectives

At the completion of this unit you should be able to:
1. Apply your knowledge of the major principles of equity to real world problems and understand the underlying historical, social and policy rationales and how comparative and international perspectives may impact on the development of Equity as a component of Australian common law;
2. Critically analyse the manner in which the principles of Equity have and should evolve in response to changing social contexts
3. Recognise and describe equitable and ethical problems;
4. Identify, extract and evaluate equitable and ethical principles and policy and apply these to resolve real word problems;
5. Communicate legal and policy arguments and solutions to legal problems clearly and logically using the appropriate level and style of communication for the context;
6. Manage time and work with others to identify ethical and equitable issues in a real world problem; and
7. Reflect on and document your skill performance and development, using QUT Student ePortfolio, so as to better prepare you for the transition to the workplace and understand the real world relevance of your studies.

Content

The topics covered in this unit are:
1. The nature and history of Equity and its relationship with the common law;
2. Fiduciary relationships and the resulting ethical and equitable obligations;
3. Other equitable doctrines including the obligation of confidence, equitable estoppel, undue influence, unconscionable transactions and relief against forfeiture of proprietary interests;
4. The liability of third parties for breach of equitable obligations; and
5. Equitable remedies including specific performance, account, injunctions, declarations, compensation, equitable damages and the constructive trust.

As you progress through the material you will be required to consider not only the substantive law, but also the underlying policy rationale, including how comparative and international perspectives may impact on Australian law and policy


Skills

This unit is also concerned with ensuring that you have achieved an acceptable level of skill development, building on skills acquired in earlier course units. Skills theory and practice will be incorporated at various stages in the lecture, tutorial and study program.

In this unit you will further develop the following skills:
1. Problem solving;
2. Critical thinking and legal analysis;
3. Oral and written communication;
4. Teamwork;
5. Time management;
6. Ethical orientation;
7. Reflective practice.

You will reflect on and document your skill performance and development, using QUT Student ePortfolio, so as to better prepare you for the transition to the workplace and understand the real world relevance of your studies.

Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively;
6. Professional, Social and Ethical Responsibility; and
7. Characteristics of Self-reliance and Leadership.

Approaches to Teaching and Learning

Lectures
There is a two-hour lecture timetabled for 13 weeks, commencing in week one. In the lectures you will be given information which further develops your understanding of the areas of the law set down in the study guide for that week and highlights the more important areas, in order that you may focus your learning. You should be familiar with the material specified for each week before you attend the lecture. Where the material being covered permits, the lectures will incorporate Socratic discussions of principal cases and practical problems, the aim of which is to encourage you to develop your understanding of the unit by the extrapolation of the existing principles to new situations.

Tutorials
One-hour tutorials have been timetabled for each week commencing in week 2. In tutorials you will be asked to consider a range of academic and practical issues relating to the material covered in the previous week's lecture. You will be required to prepare for the tutorials and be ready to discuss the issues raised. Preparation will include reading the prescribed materials and principal cases and attempting the tutorial questions set down in the study guide for that week.

Optional External Attendance School
Mid-way in the semester there is an optional external attendance school.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).In tutorials, the tutor's comments on your answers, together with group discussions, will provide you with formative feedback. Tutors and lecturers will also be available in person at specified times or via the email to answer your questions. You will be given an opportunity for formative assessment on your skills development during tutorials and lectures if you are an internal students and online, if you are an external student.

For external students, in addition to the above formative feedback, you will also receive specific feedback in the form of comments on your summative External exercise.

Feedback in relation to all assessment items will also be provided via the on-line site.
This links with objectives (1) - (7).

Assessment name: Discussion Forum
Description: a) Tutorial Participation
You will be assessed on your participation in discussions, including on your analysis and problem solving, and on your performance in skills exercises in tutorials throughout the whole semester.
b) ePortfolio Reflection
Following release of the results of the team letter writing exercise, you will be required to document, evaluate and reflect upon your own performance and skill development during your team letter writing activity, recognise gaps in your knowledge and develop an action plan for future development by making an individual entry into the QUT student ePortfolio. You will submit a copy of your individual ePortfolio reflection to your tutor during your tutorial in week 12.

Weight: Tutorial Participation 10%, ePortfolio Reflection 5% (max 400 words)

Due Date: Tutorial Participation - each week, ePortfolio Reflection - tutorial during week 12
Relates to objectives: 1-6
Weight: 15%
Internal or external: Internal
Group or individual: Individual
Due date: See description

Assessment name: Problem Solving Task
Description: a) External exercise
You are required to submit a written answer to a specified problem, which will be made available at the commencement of the semester.
b) ePortfolio reflection
Following release of the results of the team letter writing exercise, you will be required to document, evaluate and reflect upon your own performance and skill development during your team letter writing activity, recognise gaps in your knowledge and develop an action plan for future development by making an individual entry into the QUT student ePortfolio. You will submit a copy of your individual ePortfolio reflection by the end of week 12.

Weight: External Exercise 10% (max 750 words), ePortfolio Reflection 5% (max 400 words)
Relates to objectives: 1-6
Weight: 15%
Internal or external: External
Group or individual: Individual
Due date: Week 7

Assessment name: Team Letter Writing Exercise
Description: You are required to work in a teamto write and submit a letter of advice and supporting memorandum in relation to a specified problem. As far as is possible, you will work in teams of four from your tutorial (or as allocated randomly online for external students) when writing and submitting the letter of advice and supporting memorandum. All team members will receive the same mark for the team letter writing exercise, which is weighted at 25%.

Team Letter Writing Exercise: Maximum 2000 words
Relates to objectives: 1-7
Weight: 25%
Internal or external: Both
Group or individual: Group
Due date: Week 6

Assessment name: Examination (written)
Description: The exam will be open book and will be of 2 hours duration with 30 minutes perusal time and it will be open book. All topics of the course may be examinable including the skills components.
Relates to objectives: 1-5
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials:
Gino Dal Pont and Don Chalmers, Equity & Trusts in Australia (Thomson Lawbook Co, Australia: 5th ed 2011).

Recommended Preliminary Reading:
Tina Cockburn and Melinda Shirley, Equity Nutshell (Thomson Lawbook Co, Australia: 4th ed, 2011).

Recommended Reference Materials:
Malcolm Cope, Equitable Obligations: Duties, Defences and Remedies (Lawbook Co, Australia, 2007).
Gino Dal Pont, Don Chalmers and Julie Maxton, Equity & Trusts: Commentary and Materials (Lawbook Co, Australia: 5th ed, 2011).
Tina Cockburn, Melinda Shirley and Tracey Carver, Equity and Trusts Butterworths Questions and Answers (Butterworths, Australia: 3rd ed, 2009).
Gino Dal Pont and Tina Cockburn, Equity and Trusts in Principle (Lawbook Co, Australia: 2nd ed, 2008).
Michael Evans Equity and Trusts (Lexis Nexis Butterworths, Australia: 2nd ed, 2009).

Blackboard Site
Online resources for this unit are available on the unit Blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 10-Oct-2012