Remedies (LAWS50036)

Intended learning outcomes

A student who has successfully completed this subject will have demonstrated an advanced and integrated knowledge of:

• The principles governing the award of private law remedies;
• The leading theoretical debates concerning the appropriateness of remedies awarded in private law litigation; and
• The relationship between rights and remedies across the spectrum of private law.

A student who successfully completes this subject will also have developed specialised cognitive and technical skills enabling them to:

• Apply the principles governing the award of remedies to private law disputes;
• Critically assess proposals for the reform of the law of remedies;
• Produce independent legal writing that is thoroughly researched, tightly edited and that develops arguments in a highly structured way, with a high degree of original content; and
• Communicate complex legal principles, theories and frameworks governing the award of private law remedies and the relationship of these remedies to the private law as a whole to expert and non-expert legal audiences.

Upon successful completion of this subject, students will also have developed a sophisticated understanding of professional standards of conduct required for legal practice in the private law, and in particular understand the critical importance of having an integrated understanding of the private law as a whole.

Generic skills

On completion of the subject, students will have developed sophisticated cognitive technical and creative skills in:

• Demonstrating mastery of private law remedies and the relationship between rights, remedies and private law as a whole;
• Understanding, interpreting, comparing and reflecting critically on case law and statute relating to private law remedies from the various Australian jurisdictions and overseas;
• Analysing, comparing and reflecting critically on scholarly commentary from the various Australian jurisdictions and overseas;
• Conducting original research of, reflecting on and synthesising primary case law from the various Australian and comparator jurisdictions; communicating complex knowledge and ideas to specialist and non-specialist audiences; and
• Understanding the effects in professional practice of the choices made between sources of private law rights and, in particular, remedies.