Students

LAWS355 – Remedies

2017 – S1 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Francesca Dominello
Contact via Francesca.Dominello@mq.edu.au
W3A 619
TBA on iLearn
Credit points Credit points
3
Prerequisites Prerequisites
42cp in LAW or LAWS units including (LAW203 and LAW315 and LAWS217) and permission by special approval
Corequisites Corequisites
LAWS398
Co-badged status Co-badged status
Unit description Unit description
This unit aims to consolidate student knowledge and skills previously developed in key core units of the LLB program. The unit will examine some of the remedies available in equity, the common law and statute as well as public and international law. It will also examine different mechanisms for the resolution of disputes such as ADR and restorative justice programs. In canvassing these fields students will examine policy and access to justice considerations in the development of legal remedies and implementation of remedial processes.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Explain the principles upon which remedial action can be taken.
  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.
  • Work independently to produce a short essay based on the topics covered in the unit.
  • Follow instructions in writing and referencing primary and secondary research sources appropriate for hypothetical problem solving and research essay writing.

General Assessment Information

GENERAL INSTRUCTIONS FOR CLASS ATTENDANCE AND PARTICIPATION

Please note that attendance is compulsory for pedagogical reasons, and exemption is granted only in exceptional circumstances and only in cases where a successful application for disruption has been made.

One of the reasons for assessing class participation is to encourage students to develop oral communication skills through practice, in an environment far less intimidating than the world of professional practice. We appreciate that not all students possess the same degree of verbal confidence, and not all are equally articulate, however, what we are keen to see is real effort to develop and/or enhance existing oral skills. Asking questions is a very good way of learning, and frequently the student who asks the “dumb question” is voicing what others are also thinking, with the result that everybody is helped to clarify the material. Your tutor cannot identify and deal with misunderstandings unless you speak up. This assessment requires you to come sufficiently prepared for the classes to enable you, and others, to benefit from the class, and to go away having increased your understanding. 

Marks for class participation encourage active learning, regular reading, elucidation and clarification of difficulties, questioning and analysis of material, and enhance oral skills. Attendance, of itself, will not attract marks for Class Participation.   If you anticipate difficulties with class participation, talk to your tutor EARLY to discuss strategies to assist you,

Internal Students should register in one of the available tutorial slots when they enrol in the unit. Attendance at tutorials is compulsory and Internal Students are expected to attend a minimum of 10 tutorials. Class participation mark is an aggregate of attendance and participation. In the event that students cannot attend a tutorial they must comply with the "Disruption to Studies" policy. In cases of where a student's circumstances have affected their participation and attendance in more than two tutorials, the students should contact the unit convenor immediately and alternative arrangements will be made. In cases of unexplained absences tutors will deduct marks for class participation at their discretion. (NB –‘unexplained absence’ does not include tutorials cancelled because of public holidays).

Students will be given an interim class participation mark during the mid-semester break worth 5%, and a final class participation at the end of semester also worth 5%.

Distance students are required to attend both days of the on-campus: students cannot attend for a third or a half day for instance and think they have fulfilled the requirements for attendance. Class participation mark is an aggregate of attendance and participation. In the event a student cannot attend the OCS, or part thereof, a student must apply for disruption. If your application is successful, alternative arrangements will be made. In cases of unexplained absences tutors will deduct marks for class participation at their discretion. 

The class participation mark will be divided: 5% Day 1; 5% Day 2.

 

GENERAL INSTRUCTIONS FOR ASSIGNMENTS 1 & 2

The word lengths for all assignments will be strictly applied. The word length must be stated on the paper. The marker will stop marking once the word length set for the assignment has been reached. 

Referencing for all assignments must comply with the current version of the Australian Guide to Legal Citation. Assignments that do not comply will have marks deducted at the discretion of the marker.

All assignments must be double spaced in 12pt Times New Roman. The Footnotes for all assignments should be in 10pt Times New Roman.

The Bibliography for Assignment 2 should be single spaced in 12pt Times New Roman with a single space in between each reference. The Bibliography is mandatory. Assignments that do not comply will have marks deducted at the discretion of the marker.

All assignments are to be submitted via Turnitin on the iLearn page on or before the due date. Late submissions will not be marked and in the absence of a successful claim of "Disruption to Studies" will be given a grade of zero. Applications for Disruption to Studies must be made before the due date.

Marks will be made available on iLearn.  

 

MARKING GUIDES AND RUBRICS FOR ALL ASSESSMENTS

 

MARKING GUIDE: Class Participation

Assessment Criteria

Your work will be assessed according to the extent of your:

 

 

 

Excellent

= HD-D

 

 

Good

= Credit

 

 

Satisfactory

= Pass

 

 

Unsatisfactory

= Fail

Preparation for class: Demonstrated by relevance of participation to general discussion

Has the capacity to notice important information in the readings and use it to build new arguments in class discussion and enhance learning in class

Uses information in the readings to help learning in the class discussion

Attempts to contribute to discussion but contributions show little real preparation eg repeats what other students have said, or blurts out comments that are not based on the readings

Has not prepared for class - eg does not contribute to class discussion, is not able to answer questions adequately when asked directly

Understanding and expressing abstract and complex ideas orally

Can articulate own position on the readings and evaluate the efficacy of the ideas from a number of standpoints and see differences in points of view

Can articulate own position and with assistance can synthesise different concepts or factors arising from the readings into a larger idea 

Limited capacity to synthesise a number ideas from the readings into a larger argument - analysis is descriptive and largely confined to the student's own point of view

Does not usually participate in class and when participation occurs responses are basic and factual

Assisting other class members by contributing to student learning

Elucidates complex ideas succinctly, building on the ideas expressed by others or distinguishing their own ideas

Some interaction with other students' views but does not integrate in discussion 

Listens to other views but tend to paraphrase what other students have said

Does not usually participate in class, finds it difficult to articulate their own point of view or see another point of view

Expressing and countering arguments orally

Articulates a position supported by the readings, and is able to defend that position or is able to modify that position on the basis of alternative viewpoints on the readings; is able to effectively counter other student viewpoints basing their arguments on the readings

Expresses a position based on the readings, but may be unable to support or modify that position when challenged; attempts to counter other student viewpoints using the readings mainly

Can express a viewpoint that is not explicitly based on the readings and is unable to maintain or modify their own viewpoint; mainly uses personal opinion to counter other student viewpoints

Does not usually participate in class, has difficulty formulating own opinion or relating to another’s opinion

Listening attentively and showing respect to other students participating in class

Independent thinker, takes initiative in discussion as well as co-operating effectively with others

Relates professionally to colleagues. Makes sound contributions to the discussion

 

Attempts to relate to colleagues and engage in discussion

Does not make an effort to relate to colleagues and engage in discussion

RUBRICS FOR CLASS PARTICIPATION:

Excellent

Effective and frequent oral contribution, demonstrating evidence of reading and preparation, demonstrated enthusiasm to learn, not necessarily always knowing the right answers but seeking to develop understanding through questioning and trying out ideas. Thoughtful and insightful comment at times, going beyond the descriptive level. Contributions volunteered. Co-operative attitude in the group, takes an active role in discussions, and willingness to assist others in learning. Excellent attendance.

Good

Fairly frequent contribution, demonstrated enthusiasm to learn. Willingness to volunteer and have a go. Co-operative attitude in the group, takes an active role in discussions, and willingness to assist others in learning. Excellent attendance. Similar to above at a less exacting level.

Satisfactory

Moderate voluntary contribution, can usually respond when asked directly. Attends most of the time. Contribution mainly at the descriptive level but goes beyond on occasion. Makes some effort to participate in the group.

At risk/Unsatisfactory

Little to no contribution voluntarily, at times declines when asked directly. Insufficient participation for your tutor to be able to judge preparation, knowledge or understanding. Limited active role in group work.

 

MARKING GUIDE ASSIGNMENT 1: Hypothetical Problem Solving

General instructions

HIRAC: Apply the HIRAC rule: Heading; Issue, Rule, Application, Conclusion. Correct hypothetical technique requires you to identify the parties and the legal issues that arise between them, state the rule or principle of law which applies, identify the appropriate authorities, including competing authorities (cases, legislation ie primary sources only), determine which legal principles apply to your fact situation, consider policy considerations, and reach a reasoned and well argued conclusion on the likely outcome of the actions. Your ability to correctly identify the legal issues, your reasoning process, and ability to clearly and concisely state and apply correct legal principles, are more important than the conclusion you arrive at, since hypothetical problems are generally deliberately drafted to allow different views to be argued. But you need to state a conclusion for each hypothetical problem.

Hypotheticals MUST always be organised under headings. These headings will usually be the names of the parties to each action, in italics, with the plaintiff first eg Jones v Smith etc, and you may find it useful to group related actions together under sub headings such as cause of action, type of remedy, or major issue. This is a matter of judgment depending on the individual hypothetical. Do not use Issue, Rule etc as your headings. Set out the law once, and apply it to the various actions. Where you have insufficient facts or the facts are left open on a particular point, you must make sensible assumptions drawn from the facts, state what they are, and advise accordingly. Where more than one assumption is open, you need to consider both. You must refer to relevant case law and legislation. Assume all facts occur in New South Wales in 2016.

Assessment Criteria

Your work will be assessed according to the extent you:

 

 

Exc.

 

Good

 

Sat.

 

Unsat.

  • Identify the parties (knowledge)

 

 

 

 

  • Identify the legal issues (knowledge)

 

 

 

 

  • Identify the legal principles that could apply to the fact situation (knowledge)

 

 

 

 

  • Determine how the principles apply to the fact situation and state clearly why you think these principles are relevant to the fact situation (analysis)

 

 

 

 

  • Consider any policy considerations/value judgments that may be relevant to the outcome (advanced analysis)

 

 

 

 

  • Reach a reasoned conclusion (analysis)

 

 

 

 

  • Structure your answers coherently, write clearly and in sentences, use correct grammar/spelling and written expression (style)

 

 

 

 

  • Use AGLC Style Guide for footnotes (graded pass/fail)

 

 

 

 

RUBRICS ASSIGNMENT 1: Hypothetical Problem Solving

Excellent

An excellent answer will be structured according to HIRAC and will apply that approach to each cause of action arising from the fact scenario. To that end, an excellent answer will identify all the relevant parties who have action/s in the claim/s and will identify the parties against whom action/s can be brought. For each claim of a party, the answer will identify all the relevant legal issues arising from the fact scenario that could attract a remedy. For each claim, the answer will identify all the relevant legal principles that could apply in resolving the legal issues. For each claim, the answer will determine which of the principles identified would apply and will give clear reasons why those principles would apply to the fact situation. When asked, the student will identify the relevant policy considerations that could affect the remedial outcome. For each claim, the answer will clearly state what will be the probable outcome. Overall the answer will be coherently structured, written clearly using full sentences, correct grammar, spelling and written expression. Footnotes will be in the correct AGLC format and the answer will be within the stated word length.

Good

A good answer has made a good attempt at applying HIRAC, but not systematically with respect to all causes of actions arising from the fact scenario. To that end, a good answer will identify almost all the relevant parties who have action/s in the claim/s and will identify almost all of the parties against whom action/s can be brought. However, for each claim identified, the answer may not identify all the relevant legal issues arising from the fact scenario that could attract a legal remedy and may have misconceived some of these. For each claim identified, the answer may not have identified all the relevant legal principles that could apply in resolving the legal issues and may have misconceived some of these. For each claim identified, the answer may not clearly determine which of the principles identified would apply and may not give clear reasons why they would apply to the fact situation. The reasoning could be slightly misconceived. The answer may not identify all of the policy considerations related to the question and may misconceive some of them. For each claim identified, the answer may not clearly state what will be the probable outcome. Overall the answer may not be as coherently structured as it could be, it may not be entirely written using full sentences, correct grammar, spelling and written expression. Footnotes may not be entirely in the correct AGLC format and the answer may not entirely be within the stated word length.

Satisfactory

A satisfactory answer has attempted to apply HIRAC, but not in a very systematic way with respect to the causes of actions arising from the fact scenario. To that end, a satisfactory answer will identify most of the relevant parties who have action/s in the claim/s and will identify most of the parties against whom action/s can be brought. However, for each claim identified, the answer may not identify many of the relevant legal issues arising from the fact scenario that could attract a legal remedy and may have misconceived many of these. For each claim identified, the answer may not have identified many of the relevant legal principles that could apply in resolving the legal issues and may have misconceived many of these. For each claim identified, the answer may not clearly determine which principles would apply and may not give clear reasons why they should apply in the fact situation. The reasoning could be misconceived and difficult to understand. The answer may not identify most of the policy considerations related to the question and may misconceive them. For each claim identified, the answer may not clearly state what will be the probable outcome. Overall the answer is not coherently structured, it is not written mainly using full sentences, correct grammar, spelling and written expression. Footnotes are not in the correct AGLC format and the answer is not within the stated word length.

Unsatisfactory

An unsatisfactory answer has made little attempt to apply HIRAC, and where it has the approach is not very systematic with respect to the causes of actions arising from the fact scenario. To that end, an unsatisfactory answer will identify only some of the relevant parties who have action/s in the claim/s and will identify only some of the parties against whom action/s can be brought. However, for each claim identified, the answer may only identify some of the relevant legal issues arising from the fact scenario that could attract a legal remedy and may have misconceived most of these. For each claim identified, the answer may only have identified some of the relevant legal principles that could apply in resolving the legal issues and may have misconceived most of these. For each claim identified, the answer may miss determining which principles would apply and/or does not give clear reasons why they should apply in the fact situation. The reasoning is very misconceived and very difficult to understand. The answer fails to identify the relevant policy considerations relevant to the question and may misconceive most of them. For each claim identified, the answer may not state what will be the probable outcome. Overall the answer is incoherently structured, it is not written using full sentences, correct grammar, spelling and written expression. Footnotes are not in the correct AGLC format and the answer is not within the stated word length.

MARKING GUIDE ASSIGNMENT 2: Research Essay

Assessment Criteria

Your work will be assessed according to the extent of your:

 

 

Exc.

 

Good

 

Sat.

 

Unsat.

  • Knowledge of the area and understanding of the issues arising in the essay topic.
       
  • Research. Students may use the unit materials but are expected to research beyond these materials. Students are expected to determine for themselves how many additional references they need to support the development of their argument. Students will not be assessed on how much research they have done, but on how well they have used the research materials to advance their argument.

 

 

 

 

  • Depth of analysis and enquiry. Students are expected to deepen their analysis by moving beyond descriptive analysis of their research materials and develop their own argument.

 

 

 

 

  • Argument. Ideas drawn from the research materials should be synthesized in a systematic manner that clearly answers the question. 

 

 

 

 

  • Coherent Structure. Systematic and coherent organisation of ideas in sentences/paragraphs/sections.
  • Separate Introduction and Conclusion.
  • Use of headings is encouraged.

 

 

 

 

  • Written Expression. Clear written expression, ideas structured in sentences, correct grammar/spelling

 

 

 

 

  • Use of AGLC Style Guide for footnotes and bibliography (graded Pass/Fail)
  • Inclusion of bibliography (graded Pass/Fail)

 

 

 

 

RUBRICS FOR ASSIGNMENT 1: Research Essay

Excellent

An excellent essay is well-structured with an introduction setting out briefly what will be discussed in the paper (the issues to be discussed), including a summary of the basic argument and conclusion. The argument is developed in the main body of the essay and relates directly to the essay topic in response to the essay question. The argument is well-structured using headings. The student has understood, identified and discussed the main issues under each heading. The argument is coherent and demonstrates that the student has thought about and critically analysed the issues raised by the essay topic. The development of the argument synthesizes the student’s independent research and the student’s own views which can include references to the unit materials. The essay is written in language that is easy for the reader to understand and follow. The essay has a conclusion where the student summarises the argument in the essay and their main research findings. The student uses a consistent style in relation to footnotes and bibliography. The essay stays within the prescribed length.

Good

A good essay is structured using the same format described above: introduction; main body of the essay (separated by headings), conclusion, but a more loose approach to structure has been adopted (eg – no separate introduction or conclusion). The student has understood and identified many of the main issues relevant to the essay topic, however, the discussion of the issues and the development of the argument may not always be coherent or clear and sometimes there may be misunderstanding of the issues. The student may rely too much on the unit reading materials at the expense of expressing their own views or researching further into the topic. Conversely, the student may rely too much on their own views and not refer sufficiently to the work of others in order to develop a convincing argument. The student will demonstrate they have thought about the essay topic, but the student may pursue irrelevant issues. The student will have tried to answer the essay question, but written expression may sometimes get in the way of the reader fully understanding what the student is trying to say. The student uses a consistent style in relation to footnotes and bibliography. The essay stays within the prescribed length.

Satisfactory

A satisfactory essay is loosely structured (eg – no separate introduction or conclusion and no use of headings). The student has a basic understanding of the issues that the essay topic is raising and has identified some of the issues relevant to the essay topic, though not all of the content of the essay is relevant to the essay topic and some of the discussion of the issues is misconceived. The student has thought about the issues raised by the essay topic, but the approach may be too superficial and descriptive. Often the argument is based on mere assertion, rather than based on the unit reading materials or on independent research. The student will have thought about the essay topic and tried to answer the question, but the written expression is not coherent or clear, often making it difficult for the reader to follow the argument. The student's approach to footnotes and bibliography is not consistent. The essay may not be within the prescribed length – is either too long or too short.

Unsatisfactory

An unsatisfactory essay demonstrates that the student has not understood the essay topic and much of the discussion in the paper is based on misconceived ideas. The student may have identified some of the main issues, but the discussion pursues too many irrelevant issues. The argument is mostly based on mere assertion. Very little references have been made to the work of other people. The student’s written expression is poor and the argument difficult, if not impossible, to follow. The argument does not follow any coherent structure at all. The student has not adopted a consistent approach to footnotes, or has not included footnotes at all. There is no bibliography, or the bibliography is poorly set out.

Assessment Tasks

Name Weighting Hurdle Due
In-Class Quiz 0% No Week 3
Class Participation 10% No Ongoing
Assignment 1 45% No Friday 5 May, 8:59 pm
Assignment 2 45% No Friday 9 June, 8:59pm

In-Class Quiz

Due: Week 3
Weighting: 0%

In-Class Quiz

Students will be given a hypothetical problem to solve based on materials covered in Lectures 1-3.


On successful completion you will be able to:
  • Explain the principles upon which remedial action can be taken.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.

Class Participation

Due: Ongoing
Weighting: 10%

Preparation and understanding of prescribed materials. The ability to understand and respond in an oral communication context. Class Participation will take into account the entirety of the student's in-class performance. 

See below General Assessment Instructions for more information about how Class Participation will be assessed.


On successful completion you will be able to:
  • Explain the principles upon which remedial action can be taken.
  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.

Assignment 1

Due: Friday 5 May, 8:59 pm
Weighting: 45%

Assignment 1: 

A hypothetical based on materials covered in Lectures 1-7.

Word Length: 2000 words MAX (excluding footnotes). No Bibliography required. Markers will not read more than 2000 words.

Submission: Turnitin in iLearn. Submit in Word NOT PDF. Papers submitted after the due date/time in the absence of a successful disruption application will not be marked and will receive zero marks. This means all papers received after 8:59 pm (ie 9:00 pm and later). There is no grace period. This means you should not wait until the last minute to submit your assignment. If you have applied for disruption on the due date or are still waiting for a disruption determination on the due date, you should contact the unit convenor

Format: Double spaced in 12 point Times New Roman. Footnotes can be in 10 point Times New Roman.

Style: AGLC

Once Assignment 1 is released to students the Unit Convenor/Tutors will not be in a position to answer any questions about it.

See below General Assessment Instructions for more information about how Assessment 1 will be assessed.


On successful completion you will be able to:
  • Explain the principles upon which remedial action can be taken.
  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.
  • Follow instructions in writing and referencing primary and secondary research sources appropriate for hypothetical problem solving and research essay writing.

Assignment 2

Due: Friday 9 June, 8:59pm
Weighting: 45%

Assignment 2:

Students to complete a short research essay based on some of the topics covered in the unit. These topics will be available on iLearn before the mid-semester break. The emphasis is on analysis and critique 

Word Length: 1500 words MAX (excluding footnotes). Bibliography and Footnotes required. Markers will not read more than 2000 words.

Submission: Turnitin in iLearn. Submit in Word NOT PDF. Papers submitted after the due date/time in the absence of a successful disruption application will not be marked and will receive zero marks. This means all papers received after 8:59 pm (ie 9:00 pm and later). There is no grace period. This means you should not wait until the last minute to submit your assignment. If you have applied for disruption on the due date or are still waiting for a disruption determination on the due date, you should contact the unit convenor. 

Format: Double spaced in 12 point Times New Roman. Footnotes can be in 10 point Times New Roman.

Style: AGLC

See below General Assessment Instructions for more information about how Assignment 2 will be assessed.


On successful completion you will be able to:
  • Explain the principles upon which remedial action can be taken.
  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Work independently to produce a short essay based on the topics covered in the unit.
  • Follow instructions in writing and referencing primary and secondary research sources appropriate for hypothetical problem solving and research essay writing.

Delivery and Resources

Lectures commence in Week 1. Tutorials will commence in Week 2.

Lectures will be delivered live or will be pre-recorded (see iLearn for instructions).

Discussion questions for each tutorial will be available on the iLearn page for the unit. 

You will find the required reading list in the online unit available at ilearn.mq.edu.au.

All readings will be available online: eg. eReserve, library databases, iLearn

Students will also be required to use a computer for word processing of assignments and have access to the internet for submission of assignments in Turnitin and to interact with iLearn and online research databases and web-based research tools.

Unit Schedule

See iLearn for the Unit Schedule .Distance students should follow this structure in preparing for the OCS.

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy http://mq.edu.au/policy/docs/assessment/policy_2016.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html​

Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html

Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

Macquarie Law School Assessment Policy

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

Word limits will be strictly applied and work above the word limit will not be marked. 

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.”

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Learning outcomes

  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Work independently to produce a short essay based on the topics covered in the unit.

Assessment task

  • Assignment 2

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcome

  • Work independently to produce a short essay based on the topics covered in the unit.

Assessment tasks

  • In-Class Quiz
  • Class Participation
  • Assignment 1
  • Assignment 2

Commitment to Continuous Learning

Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.

This graduate capability is supported by:

Assessment tasks

  • Class Participation
  • Assignment 1
  • Assignment 2

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Explain the principles upon which remedial action can be taken.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.
  • Follow instructions in writing and referencing primary and secondary research sources appropriate for hypothetical problem solving and research essay writing.

Assessment tasks

  • In-Class Quiz
  • Class Participation
  • Assignment 1
  • Assignment 2

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Explain the principles upon which remedial action can be taken.
  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.
  • Work independently to produce a short essay based on the topics covered in the unit.

Assessment tasks

  • Class Participation
  • Assignment 1
  • Assignment 2

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.
  • Work independently to produce a short essay based on the topics covered in the unit.
  • Follow instructions in writing and referencing primary and secondary research sources appropriate for hypothetical problem solving and research essay writing.

Assessment tasks

  • In-Class Quiz
  • Class Participation
  • Assignment 1
  • Assignment 2

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcomes

  • Explain the principles upon which remedial action can be taken.
  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.
  • Work independently to produce a short essay based on the topics covered in the unit.
  • Follow instructions in writing and referencing primary and secondary research sources appropriate for hypothetical problem solving and research essay writing.

Assessment tasks

  • In-Class Quiz
  • Class Participation
  • Assignment 1
  • Assignment 2

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcomes

  • Critically analyse different types of remedies and how they function in different contexts,
  • Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
  • Analyse hypothetical fact situations, identify legal and factual issues involving the law of remedies, apply relevant principles and consider policy/value judgments to solve legal problems.
  • Work independently to produce a short essay based on the topics covered in the unit.

Assessment task

  • Assignment 2

Changes from Previous Offering

This unit involves a change in Unit Convenor. The assessment scheme has also been changed - class participation has been added and there will only be 1 instead of 2 hypothetical problem assessments.

The lectures for this unit were pre-recorded in S1 2015 and the lecture order has been changed. Students should consult the Unit Schedule and prepare tutorial questions for classes and written assignments according to the new lecture regime.