Students

LAWS355 – Remedies

2018 – S1 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Co-convenor
Francesca Dominello
Contact via francesca.dominello@mq.edu.au
W3A 619
TBA on iLearn
Unit Co-convenor
Doron Goldbarsht
Contact via doron.goldbarsht@mq.edu.au
W3A 514
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. Completion of this unit will prevent students from graduating with honours in their law degree. Students seeking honours should complete LAWS555 instead of this unit.

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

All Students

Task

Task Name

%

Due Date

1

Class Participation

10

 Tutorials/OCS

2

Hypothetical Problem

(Submit through Turnitin)

50

 Released 21 April, 6 pm; due 27 April, 8 pm

3

Essay

(Submit through Turnitin)

40

 8 June, 8 pm

 

 

 

 

 

Total:

100%

 

Special Consideration 

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.

Class Attendance and Participation

Attendance: For Internal students attendance at the tutorials from Week 5 on is compulsory. Students who miss a tutorial from Week 5 on can apply for special consideration through Ask.mq.edu.au. It is advisable that you apply for special consideration if your circumstances meet the policy. If a student misses more than 2 tutorials due to special consideration they should contact the unit convenor and other arrangements will be made to make up for the the missed tutorials. 

For External students attendance at the OCS is compulsory. Students should apply for special consideration if their circumstances meet the policy. If they miss one or both days of the OCS due to special consideration they should contact the unit convenor and other arrangements will be made.

The OCS will be on 18 and 19 April 2018.

Class participation mark is an aggregate of attendance and participation. A mark out of 10 will be given to students at the end of semester. Assessment will commence in Week 5.

Early non-compulsory assessment

In Week 3 (2nd tutorial) tutors will give students informal feedback on class participation. While attendance at the first 3 tutorials (Weeks 2-4) is not compulsory it is it is highly recommended students attend these tutorials.

Submission of Written Assignments

The written assignments are to be submitted electronically by way of Turnitin on the iLearn page. Plagiarism detection software is used in this unit.

Word Limits

Where there is a specified word limit it will be strictly applied and work above the word limit will not be assessed. 

Moderation

Detailed marking rubrics will be made available on iLearn for all assessments. If there are other markers assisting the convenor then a process of 'blind marking' to establish a common marking standard will be adopted and all Fail papers will be double marked.

Style

All written assignments should comply with the latest edition of the AGLC.

Assessment Tasks

Name Weighting Hurdle Due
Class Participation 10% No Ongoing from Week 5
Hypothetical Problems 50% No Friday 27 April, 8 pm
Essay 40% No Friday 8 June, 8 pm

Class Participation

Due: Ongoing from Week 5
Weighting: 10%

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

Assessment of class participation will commence in Week 5.

A mark out of 10 will be given to students at the end of semester.

See also General Assessment Information tab in this unit guide.


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.

Hypothetical Problems

Due: Friday 27 April, 8 pm
Weighting: 50%

Hypothetical Problem 

Hypothetical problems based on materials covered in Lectures 1-7.

Release Date: 21 April, 6 pm.

Word Length: 2500 words MAX (excluding footnotes). No Bibliography required. Markers will not read more than 2500 words.

Submission: Turnitin in iLearn. Submit in Word NOT PDF. 

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

Style: AGLC

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

See also General Assessment Information tab in this unit guide.


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.

Essay

Due: Friday 8 June, 8 pm
Weighting: 40%

Essay

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: 2000 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. 

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

Style: AGLC

See also General Assessment Information tab in this unit guide.


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

LAWS355 Lecture and Tutorial Schedule

Week

Dates

Lecture

Tutorial

Week 1

 26 Feb

Introduction to the Unit

NO TUTORIAL

Week 2

 5 March

Self Help in Tort; Damages in Tort 1

Introduction tot he Unit

Week 3

 12 March

Damages in Tort 2

Damages in Tort 1

Week 4

 19 March

Damages in Tort 3

Damages in Tort 2

Week 5

 26 March

Contract/Equity 1

Damages in Tort 3

Week 6

 2 April

Contract/Equity 2

Contract/Equity 1

Week 7

9 April

Contract/Equity 3

Contract/Equity 2

Break

 (OCS 19 and 20 April) 

 

 

Week 8

30 April

Contract/Equity 4

Contract/Equity 3

Week 9

7 May

Alternative (Appropriate) Dispute Resolution

Contract/Equity 4

Week 10

14 May

Public Law Remedies

Alternative (Appropriate) Dispute Resolution

Week 11

21 May

Restorative Justice

Public Law remedies

Week 12

28 May

International Law and Reparations for Human Rights Violations

Restorative Justice

Week 13

4 June

 

International Law and Reparations for Human rights Violations

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/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.

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

  • Essay

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

  • Class Participation
  • Hypothetical Problems
  • Essay

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
  • Hypothetical Problems
  • Essay

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

  • Class Participation
  • Hypothetical Problems
  • Essay

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
  • Hypothetical Problems
  • Essay

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

  • Class Participation
  • Hypothetical Problems
  • Essay

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

  • Class Participation
  • Hypothetical Problems
  • Essay

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

  • Essay

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.