LAW 3519 - Remedies

North Terrace Campus - Semester 2 - 2018

An examination of general law remedies available. Specific topics will include: (i) common law damages (ii) the declaration (iii) the injunction, including an examination of specific problem areas, for example, balance of convenience, interlocutory injunctions and damages in lieu (iv) specific performance (v) compensation (vi) account of profits.

  • General Course Information
    Course Details
    Course Code LAW 3519
    Course Remedies
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1506 or LAW 1511
    Incompatible LAW 2132
    Restrictions Available to LLB students only
    Course Description An examination of general law remedies available. Specific topics will include: (i) common law damages (ii) the declaration (iii) the injunction, including an examination of specific problem areas, for example, balance of convenience, interlocutory injunctions and damages in lieu (iv) specific performance (v) compensation (vi) account of profits.
    Course Staff

    Course Coordinator: Mr David Wright

    Telephone: 831 34447
    Email: david.wright@adelaide.edu.au
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    Most clients see lawyers wanting  a remedy.  A remedy makes the legal right real.  It isn't much use to have a legal right (eg a tort) without getting access to a remedy.  Remedies are incredibly important to the profession.  

    On successful completion of this course, students will be able to:

    1.  Analyse the principles of Remedies law, undertake legal research, and evaluate complex legal information.
    2. Locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner.  This course will require a student to apply remedial law to complex problems and issues and critique the operation of remedial law from a theoretical/policy perspective.
    3. Apply effective, creative and innovative solutions, to current and future problems.  So students will learn how to structure and sustain concise and cohesive written arguments for a legal audience.
    4.Conduct legal research and analysis, undertake practical legal work and exercise judgement in the management of a civil dispute in a professional and academic environment.
    5. Analyse the impact and operation of the law of remedies from policy, comparative andinternational perspectives,
    6. Reflect on their abilities to effectively undertake work as a legal practitioner and interact with others to do so effectively.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,3,4
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1,2,3
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    2,3,4
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1,2,3,4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1,3,4
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    2,4
  • Learning Resources
    Required Resources
    The text for this subject is Wright Remedies (2nd, Federation Press,2013).
    Recommended Resources
    Other useful books include the little book by Covell and Lupton Principles of Remedies (5th edition). The chapters on remedies in Meagher, Gummow and Lehane; Equity Doctrines and Remedies (5th ed.) by Heydon, Leeming and Turner are extremely good, as are the chapters in Heydon and Leeming Cases and Materials on Equity and Trusts (6th ed). Remedies (2nd ed) by Kercher and Noone is useful (but old) and Tilbury’s Civil Remedies Volumes One and Two is extremely thorough, as are the three volumes on American law by Dobbs Law of Remedies (2nd ed-note that a new edition is coming out in early 2018). Spry The Principles of Equitable Remedies (10th ed) is good but it only deals with some equitable remedies.
    Online Learning
    Although I intend to record all lectures on MyUni, attendance at all lectures is strongly encouraged as being essential to obtaining successful outcomes from the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes

    The class will be taught by lectures and seminars. As time is limited, we will examine only the major remedies (if there is time at the end of the course, we will examine some minor remedies).

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects that full-time students (that is, those who are taking 12 units per semester) will devote a total of 40-48 hours per week to their studies during the semester, which totals (approximately) 580 hours per semester. As this is a 3 unit subject and that usually a student is undertaking 12 units, then the student should spend approximately 145 hours studying this subject. It is obvious that class time only constitutes a small fraction of this total. Therefore, a student should expect to spend much additional time in private study. Further, this additional time will be expected of the student.

    The lectures in the subject will provide a general introduction to and overview of the material covered in that topic. Seminars will help to develop your understanding of the topics.  But your private study time is an essential component of your learning in this course where you can extend, examine and apply the information and material addressed in the topic.

    As this subject consolidates and extends what you have learnt in many compulsory courses (such as Contract, Torts, Property, Administrative Law and Equity), it is important that you refresh your memory of those compulsory courses you have done, before lectures in this subject begins.
    Learning Activities Summary
    Topic One: Week 1 Introduction
    Topic Two: Weeks 2 to 8 Compensation
    1. Tortious Damages
    2. Contractual Damages
    3. Restitution
    4. Equitable Compensation
    Topic Three: Week 9 Gain Stripping
    1. Account of Profits
    Topic Four: Weeks q0 to 12 Coercion
    1. Injunctions
    2. Specific Performance
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    It is proposed that the assessment of this subject consists of the three pieces of work. The first is a case analysis. There will be two cases. All students must do the analysis of the two cases. That is, each student will do two case analyses. Each case analysis will be 1000 words in length. Only one of these will be marked. The mark for the first piece of assessment will constitute 30% of the final mark. The second piece of assessment is an on line assessment.  The mark for the second piece of assessment will constitute 20% of the final mark.  The third piece of work involves the student writing an essay. The essay will be a non-redeemable piece of assessment of 3000 words, worth 50% of their mark.
    Assessment Task Weighting Due Task Type Redeemable Learning Outcome
    Case Analysis 30%

    21st September at 2.00pm

    Individual No 1, 2, 3, 4, 5, 6
    On line Assessment 20% Friday 26th October Individual No 1, 2, 3, 4, 5
    Research Essay 50% Monday 5th November 2.00pm. Individual No 1,2,3,4,5,6
    Assessment Detail

    It is proposed that the assessment of this subject consists of the three pieces of work. The first is a case analysis. Each case analysis will be 1000 words in length. As each student does two cases, this is a total of 3000 words.  The mark for the first piece of assessment will constitute 30% of the final mark. The second piece of assessment will be on line assessment. The third piece of work involves student writing an essay. The essay will be a non-redeemable piece of assessment of 3000 words, worth 50% of their mark.

    The first piece of assessment involves a case analysis. This will require students to write two 1000 word pieces of case analysis (that is, students will write a total of 2,000 words). However, only one will be marked and returned to students. Generic feedback will be provided on the case which is not assessed. The cases will be distributed to students early in the course and will be due on the 21st September at 2.00pm. As two components (that is, two casenotes) constitute this first piece of assessment, the date of submission for both casenotes will be when the last casenote of the two is submitted. For example, if one casenote is submitted on the 21st but the other casenote is not submitted until the 25th then both casenotes will be marked as if they were submitted on the 25th.

    The second piece of assessment is On Line Assessment. It is worth 20% of the final mark. It will be from available from 2pm 22nd October and due by 2pm Friday 26 October. The on line assessment is compulsory. The on line assessment is a multiple choice quiz, consisting of a series of twenty questions. To avoid cheating, the 20 questions are randomly pulled selected from a pool of 40 questions, so each student gets a unique quiz. A student has to do in a one hour block. It will be available from 2pm on the Monday of week 12 and due by 2pm of the Friday of week 12. Essentially although the online assessment can be done at anytime during week 12, this online assessment must be done in one single 1 hour block. It can't be broken up. 

    The third piece of assessment is in the form an essay question. Primarily this question will be based on the material covered in lectures. This requires limited research as the question involve an answer which is built on, but extend, what has been covered in lectures. Therefore it absolutely essential that students attended (or watch) lectures in this course. The essay question(s) will be distributed by the end of the course. They will be made available on MyUni on Friday 2nd November. The due date of the second piece of assessment is Monday 5th November 2.00pm.

    Breaches of due date requirement, without an extension, may be penalized in accordance with Law School policy. Late penalties will be enforced at 5% of the marks available per day or part thereof. If seeking an extension the Law School policy must be followed.

    The word limit for the first and third pieces of assessment include all footnotes. This limit MUST be observed. Breaches of the word limit may be penalized in accordance with Law School policy. Assignments which exceed the allocated length (word limit or page limit) will be subject to a penalty of 5% of total marks available per 100 words or part thereof (ie an essay graded 63% will have 5% deducted if it is 2001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

    Essay Guidelines for Referencing

    The essay is required to comply with The Australian Guide to Legal Citation. This is available at:
    http://mulr.law.unimelb.edu.au/go/aglc 

    Return of Essays and Feedback
    All pieces of assessment will be returned to students within three weeks of the due date with written feedback.

    Submission

    Presentation of Essays

    • Students MUST retain a copy of any submitted essay
    • Essays MUST be submitted electronically
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Final results for this course will be made available through Access Adelaide.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.