Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor - Lecturer
Vladimir Chugunov
Rahat Munir
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MCom or GradDipForAccg
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit covers the legal context within which damages can be quantified and the various methods applied to quantify the amount recoverable. Damages for breach of contract, negligence and other torts, and misleading or deceptive conduct, are investigated. The unit also covers other financial remedies such as account of profits and statutory compensation, the specialised areas of insurance claims and family law, and the preparation and use of expert witness reports. Students will learn issues relating to loss and damage and other dispute engagements using case studies. This unit develops graduate capabilities centered upon critical and analytical thinking, research and problem solving capability and develops students' ability to make personal judgements.
The unit is delivered in intensive mode over the first seven weeks of the session.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Expected Workload - Activities | Hours |
Seminars including preparation, and self-study | 50 |
Assessment Task 1 (Class Test 1) | 20 |
Assessment Task 2 (Class Test 2) | 20 |
Assessment Task 3 (Assignment) | 30 |
Assessment Task 4 (Assessed Coursework [Participation]) | 30 |
TOTAL | 150 |
Name | Weighting | Hurdle | Due |
---|---|---|---|
Class Test 1 | 20% | No | 4 May |
Class Test 2 | 20% | No | 25 May |
Assignment | 30% | No | 18 May |
Assessed Coursework | 30% | No | Ongoing |
Due: 4 May
Weighting: 20%
The test will be administered in your seminar class on 4 May 2019.
No extensions will be granted. This penalty does not apply for cases in which a Special Consideration application is made and approved.
See Assessment Guide on iLearn for more information.
Due: 25 May
Weighting: 20%
The test will be administered in your seminar class on 25 May 2019.
No extensions will be granted. This penalty does not apply for cases in which a Special Consideration application is made and approved.
See Assessment Guide on iLearn for more information.
Due: 18 May
Weighting: 30%
This assessment task will require students to analyse relevant issues and show evidence of research. It must be submitted via iLearn/Turnitin no later than 2 pm on Saturday 18/5/2019. A hard-copy of the assignment must also be submitted to your lecturer (handed-in) within the same time-frame.
No extensions will be granted. Late tasks will be accepted up to 48 hours after the submission deadline. There will be a deduction of 10% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission – 20% penalty). This penalty does not apply for cases in which a Special Consideration application is made and approved.
See Assessment Guide on iLearn for more information.
Due: Ongoing
Weighting: 30%
Assessed coursework involves active participation in class including preparation, attendance and contribution to class discussion. Students will be required to respond to both verbal and written questions. There will be a number of activities, including short assignments, assigned during the unit.
Students are required to attend face-to-face seminars. The timetable for classes is on the University website at http://www.timetables.mq.edu.au/
TEXTS AND MATERIALS
Recommended Reference Books:
Covell, L.& P., 2018. Covell & Lupton Principles of Remedies 7e 2018.
Luntz, H., 2017. Assessment of damages for personal injury and death: General Principles / Harold Luntz. Sydney: Butterworths.
Crain, M., Hopwood, W., Pacini, C., Young G. 2015. Essentials of forensic accounting. Wiley.
Crumbley, D., Heitger, L., Smith, G. 2017. Forensic and Investigative Accounting (8th Edition), Wolters Kluwer. ISBN: 9780808046240
Hoffman, R., Finney, W., Cox, P., Cooper, K. 2013. The Accountant as an Expert Witness: A Basic Guide to Forensic Accounting, 2nd edition, CCH Australia.
There will be supplemental readings and materials available on the unit iLearn.
TECHNOLOGY USED AND REQUIRED
Students are expected to have: Proficiency in Word, Excel and Powerpoint.
Knowledge of Macquarie University iLearn - for downloading lecture materials, etc.
Knowledge of the library research databases - for accessing additional research material.
Access to a personal computer to be able to access iLearn and submit completed assessment material online.
UNIT WEB PAGE
Course content is available in the learning management system (iLearn). The web page for this unit is at http://mq.edu.au/iLearn/index.htm
Week of Session |
Date |
Topic |
Readings |
Week 2 |
9 March |
Introduction to loss and damages. The legal principles and accounting techniques; distinctions between tort, contract, and statute; causation and the casual chain; remoteness; mitigation; contributory negligence |
Covell |
Week 4 |
23 March |
Commercial and economic damages – expectation and reliance damages; the impact of statute |
Covell Crumbley 10, 12 Crain 14 |
Week 5 |
30 March |
Quantifying damages and other financial remedies including loss of opportunity claims |
To be advised |
Week 7 |
13 April |
Issues relevant to quantifying loss in intellectual property disputes including account of profits claims; the impact of tax, interest, depreciation, and apportionment |
To be advised |
Week 8 |
4 May |
Forensic accounting valuation issues and principles in family law matters; personal injury calculations; discounting; insurance |
Luntz |
Week 10 |
18 May |
Cybercrime management and loss valuations |
Crumbley 15, 16 |
Week 11 |
25 May |
Role of experts; issues relating to the preparation and use of experts reports; giving evidence; client interaction |
Hoffman |
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).
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
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Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
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Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by: