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Remedies (LAWS50036)

Graduate coursework level 5Points: 12.5On Campus (Parkville)

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Overview

Year of offer2018
Subject levelGraduate coursework Level 5
Subject codeLAWS50036
Campus
Parkville
Availability(Quotas apply)
Semester 2
November
FeesSubject EFTSL, Level, Discipline & Census Date

This subject studies the nature, goals and structure of private law remedies, and is organised around the remedial goals of compensation, perfection, vindication, disgorgement, restitution and punishment. The subject explores how and why these different remedial goals are accorded differing priority and/or are given effect in different ways across different areas of private law, specifically torts, contract and equity, thereby deepening the student's understanding of remedies and also the nature of each of these substantive fields of private law.

Topics to be covered in the subject will include:

  • Compensation (compensatory (including aggravated) damages for breach of contract, tort and in equity);
  • Perfection (debt, specific performance and injunctions);
  • Vindication (damages in substitution of rights and vindicatory damages);
  • Disgorgement and accounting for profits;
  • Restitution (the measure of restitution; rescission; unjust enrichment);
  • Punishment in private law (exemplary damages); and
  • Statutory remedies.

Intended learning outcomes

Upon successful completion of this subject, students will also have developed an acute understanding of 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;
  • The ability to engage in precise and nuanced legal reasoning and argumentation at a high level;
  • The ability to think creatively about solutions to complex legal problems;
  • The ability to examine legal doctrine from different theoretical perspectives, to evaluate different theoretical frameworks, and to formulate original theoretical arguments.
  • The ability to conduct original research into complex legal questions;
  • The ability to communicate complex knowledge and ideas to specialist and non-specialist audiences; and
  • Understanding the effects of choices made over particular causes of action and remedies for the outcomes of legal claims.

 

Eligibility and requirements

Prerequisites

Successful completion of all the below subjects:

Code Name Teaching period Credit Points
LAWS50023 Legal Method and Reasoning
Summer Term
12.5
LAWS50024 Principles of Public Law
Semester 1
12.5
LAWS50025 Torts
Semester 1
November
12.5
LAWS50026 Obligations
Semester 1
12.5
LAWS50027 Dispute Resolution
Semester 1
12.5
LAWS50028 Constitutional Law
Semester 2
12.5
LAWS50029 Contracts
Semester 2
12.5
LAWS50030 Property
Semester 1
12.5
LAWS50031 Legal Theory
Semester 2
November
12.5
LAWS50032 Administrative Law
Semester 1
12.5
LAWS50033 Trusts
Semester 1
12.5

Corequisites

None

Non-allowed subjects

None

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

Assessment

Additional details

Semester 2 offering

Either:

  • 2,000 word research essay, due in week 7 of the semester (30%); and
  • Two-hour (open book) examination, held during the exam period (70%).

Or:

  • Three-hour (open book) examination, held during the exam period (100%).

November offering

Either:

  • Two-hour (open book) examination, held within two weeks of the last day of class (70%); and
  • 2,000 word research essay, due four weeks after the exam (30%).

Or:

  • Three-hour (open book) examination, within two weeks of the last day of class (100%).

Due dates of the above assessments will be available to students via the Assessment Schedule on the LMS Community.

Quotas apply to this subject

Dates & times

  • Semester 2
    Principal coordinatorJason Varuhas
    Mode of deliveryOn Campus — Parkville
    Contact hours48 hours
    Total time commitment144 hours
    Teaching period23 July 2018 to 21 October 2018
    Last self-enrol date 3 August 2018
    Census date31 August 2018
    Last date to withdraw without fail21 September 2018
    Assessment period ends16 November 2018

    Semester 2 contact information

    Email: law-aso@unimelb.edu.au
    Phone: +61 3 8344 4475
    Website: law.unimelb.edu.au

  • November
    Mode of deliveryOn Campus — Parkville
    Contact hours48 hours
    Total time commitment144 hours
    Pre teaching start date 5 November 2018
    Pre teaching requirementsStudents are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period19 November 2018 to 10 December 2018
    Last self-enrol date31 March 2018
    Census date23 November 2018
    Last date to withdraw without fail21 December 2018
    Assessment period ends19 January 2019

    November contact information

    Email: law-aso@unimelb.edu.au
    Phone: +61 3 8344 4475
    Website: law.unimelb.edu.au

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.

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 (2nd ed., Cambridge University Press, 2018);

    Students will be advised by their stream teacher at the start of semester (or beforehand) which textbook they are expected to purchase for use in that stream. Copies of each are available for loan in the Law Library.

  • 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: 23 October 2019