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Remedies (LAWS50036)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 2
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
November
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 2 November |
---|---|
Fees | Look up fees |
This subject studies the nature, goals and structure of private law remedies, and is organised around the remedial goals of compensation, perfection, disgorgement, restitution and punishment.
Topics to be covered in the subject will include:
- Compensation (compensatory damages for breach of contract, tort and in equity);
- Perfection (debt, specific performance and injunctions);
- Disgorgement and accounting for profits;
- Restitution (the measure of restitution; rescission; equitable proprietary remedies);
- Punishment in private law (aggravated and exemplary damages); and
- Statutory remedies, in particular under the Competition and Consumer Act 2010 (Cth) and Lord Cairns Act.
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.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50030 | Property | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50032 | Administrative Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50033 | Trusts | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
Semester 2 offering
- 500 word short-form summary of advice, due in week 5 of semester (10%);
- 4,500 word research memorandum of advice, due during the exam period (90%).
November offering
- 500 word short-form summary of advice, released week 1, due end of week 2 (10%);
- 4,500 word research memorandum of advice, due within four weeks of the last day of class (90%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Elise Bant Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 24 July 2017 to 22 October 2017 Last self-enrol date 4 August 2017 Census date 31 August 2017 Last date to withdraw without fail 22 September 2017 Assessment period ends 17 November 2017 Semester 2 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au - November
Principal coordinator Elise Bant Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 20 November 2017 to 11 December 2017 Last self-enrol date 31 March 2017 Census date 1 December 2017 Last date to withdraw without fail 22 December 2017 Assessment period ends 6 January 2018 November contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Time commitment details
144 hours
Additional delivery details
November offering
November Remedies is quota restricted to 120 students. Students will be approved to enter November Remedies on a first-in basis, based on their date/time of enrolling into the subject. A waitlist will be maintained once the quota has been met and you will be contacted should a place become available.
Once the "Last date to Self-Enrol" has past, students can apply for November Remedies by completing an Enrolment Variation form. Students may speak to a Course Planning Advisor at Stop 1 with any queries.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Students are expected to use both textbooks listed below but are not required to purchase both:
- Normann Witzleb, Elise Bant, Simone Degeling and Kit Barker, Remedies: Commentary and Materials (6th ed., Thomson Reuters, 2015);
- Katy Barnett and Sirko Harder, Remedies in Australian Private Law (Cambridge University Press, 2014);
Copies of each are available for loan in the Law Library.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor Course Juris Doctor/Master of Business Administration - Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022