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Remedies (LAWS50036)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
November
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | Semester 1 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, 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:
- 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.
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)
April (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
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)
April (On Campus - Parkville)
|
12.5 |
LAWS50031 | Legal Theory |
November (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
LAWS50032 | Administrative Law |
May (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50033 | Equity and Trusts | Semester 2 (On Campus - Parkville) |
12.5 |
And one of:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
November
Description | Timing | Percentage |
---|---|---|
Option 1, Part 1: Open book examination
| 2 Weeks after the end of teaching | 70% |
Option 1, Part 2: Research essay
| Due four weeks after the exam | 30% |
Option 2: Open book examination
| 2 Weeks after the end of teaching | 100% |
Semester 1
Description | Timing | Percentage |
---|---|---|
Option 1, Part 1: Research essay
| Week 7 | 30% |
Option 1, Part 2: Open book examination
| During the examination period | 70% |
Option 2: Open book examination
| During the examination period | 100% |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Due dates of the above assessments 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 1
Principal coordinator Jason Varuhas Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 2 March 2020 to 7 June 2020 Last self-enrol date 13 March 2020 Census date 30 April 2020 Last date to withdraw without fail 5 June 2020 Assessment period ends 3 July 2020 - November
Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Pre teaching start date 9 November 2020 Pre teaching requirements Students 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 period 23 November 2020 to 4 December 2020 Last self-enrol date 31 March 2020 Census date 27 November 2020 Last date to withdraw without fail 18 December 2020 Assessment period ends 15 January 2021 November contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
November offering
The intensive offering is quota restricted to 120 students (60 students per class).
Students will be approved to enter the intensive offering on a first-in basis, based on their date/time enrolling into the subject. A waitlist will be maintained by Stop 1 once the quota has been met. Waitlisted students will be contacted if a place becomes available.
Students can apply for for a waitlist place by completing an Enrolment Variation form. Students may speak to a Course Planning Advisor at Stop 1 with any queries regarding the waitlist.
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 (2nd ed., Cambridge University Press, 2018).
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022