Remedies (LAWS50036)

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

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Overview

Availability(Quotas apply)
Semester 1
November
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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.

Indicative list of principal topics:

  • 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: 4 March 2025

Eligibility and requirements

Prerequisites

Required Subject

Code Name Teaching period Credit Points
LAWS50033 Equity and Trusts
Semester 2 (On Campus - Parkville)
 12.5

We recommend that students have also passed LAWS90140 Disputes and Ethics

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: 4 March 2025

Assessment

November

DescriptionTimingPercentage

Option 1, Part 1: Examination, open book

  • 2 hours
2 Weeks after the end of teaching70%

Option 1, Part 2: Research essay on a topic approved by the subject coordinator

  • 2000 words
Due four weeks after the exam30%

Option 2: Examination, open book

  • 3 hours
2 Weeks after the end of teaching100%

Semester 1

DescriptionTimingPercentage

Option 1, Part 1: Research essay

  • 2000 words
Week 730%

Option 1, Part 2: Final examination, open book

  • 2 hours
During the examination period70%

Option 2: Final examination (open book)

  • 3 hours
During the examination period100%

Additional details

The due dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.

The timing of centrally managed final examinations can be found when the exam timetable is made available.

 

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

  • Semester 1
    Principal coordinatorKaty Barnett
    Mode of deliveryOn Campus (Parkville)
    Contact hoursThe Semester 1 offering of this subject will be taught in a lecture-tutorial format
    Total time commitment170 hours
    Pre teaching requirementsPlease refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences.
    Teaching period 3 March 2025 to 1 June 2025
    Last self-enrol date14 March 2025
    Census date31 March 2025
    Last date to withdraw without fail 9 May 2025
    Assessment period ends27 June 2025

    Semester 1 contact information

    Teaching staff: 

    Katy Barnett (Subject Coordinator) 
     
    For current student enquiries, contact the Law School Academic Support Office 

  • November
    Principal coordinatorSimon Frauenfelder
    Mode of deliveryOn Campus (Parkville)
    Contact hoursThe intensive November offering of this subject will be taught in seminar format
    Total time commitment170 hours
    Pre teaching start date10 November 2025
    Pre teaching requirementsPlease refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period24 November 2025 to 5 December 2025
    Last self-enrol date 9 November 2025
    Census date28 November 2025
    Last date to withdraw without fail19 December 2025
    Assessment period ends16 January 2026

    November contact information

    Teaching staff: 

    Simon Frauenfelder (Subject Coordinator) 
     
    For current student enquiries, contact the Law School Academic Support Office 

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

November offering

The intensive offering is available for self-enrolment up to the quota of 60 students.

Students will be enrolled to enter the intensive offering on a first-in basis. Once the quota has been reached, students seeking enrolment may contact the Law School Academic Support Office.

Last updated: 4 March 2025

Further information

  • Texts

    Prescribed texts

    Katy Barnett, Kenneth Yin and Martin Allcock, Remedies Cases and Materials in Australian Private Law (Cambridge University Press, 2023)

    Close to the teaching period, students will be advised about other specialist reading materials. Make sure to check Canvas LMS in the lead-up to teaching.

    Recommended texts and other resources

    We recommend that students also purchase the accompanying textbook to the casebook (CUP offer a package deal for two) or to access it via the library: 

    • 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:

    TypeName
    CourseJuris Doctor
  • Links to additional information

    law.unimelb.edu.au

  • 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.

    Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

    Additional information for this subject

    If subject coordinator approval is required, or for further information about Community Access Program study, please contact us   

    (enquiries for current students | enquiries for prospective students). 

  • 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: 4 March 2025