Students
LAWS5000 – Remedies, Reparations and Resolution in Law
2021 – Session 3, Weekday attendance, North Ryde
Session 2 Learning and Teaching Update
The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.
This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.
Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.
Visit the MQ COVID-19 information page for more detail.
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor and Lecturer
Teresa Somes
Contact via via ilearn site
Convenor , Lecturer and Tutor
Rod Smith
Contact via via ilearn site
tutor
Liza Rybak
Rod Smith
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
140cp in LAW or LAWS units including ((LAW203 or LAWS2400) and (LAW315 or LAWS3300) and (LAWS217 or LAWS2500 or LAW317))
|
| Corequisites |
Corequisites
(LAWS398 or LAWS3200) or LAW456
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit aims to consolidate students' knowledge and skills and prepare them for life beyond the law school. 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. Justice theories will provide the framework for examining the concept of a legal 'remedy' and will assist students to explore the broader issue of how to achieve a just remedial system of law. |
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:
- ULO1: Explain the principles upon which remedial action can be taken.
- ULO2: Critically analyse different types of remedies and how they function in different contexts.
- ULO3: Formulate, present and evaluate a range of arguments that draw on law and policy, theoretical and/or ethical considerations about remedies and their effectiveness.
- ULO4: 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.
- ULO5: Work independently to produce a sophisticated research project based on some of the broad topics covered in the unit.
- ULO6: Identify and propose reforms to create a more just remedial system of law.
General Assessment Information
Marking Rubrics
Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Late Submission Penalty
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.
Special Consideration
In the absence of a successful application for special consideration, any assessment task submitted after seven (7) days will not be graded and will receive a mark of zero. Applications for special consideration are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Special Consideration policy for complete details of the policy and a description of the supporting documentation required.
Word Limits
Word limits will be strictly applied and work above the word limit will not be marked.
Assessment Submission
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Research Essay | 30% | No | 20 December 2021 |
| Participation | 20% | No | ongoing |
| Hypothetical Problems | 50% | No | 18 January 2022 |
Research Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: 20 December 2021
Weighting: 30%
Students will prepare a research report on an aspect of the course. The essay question and assessment guidance will be released via iLearn.
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 sophisticated research project based on some of the broad topics covered in the unit.
- Identify and propose reforms to create a more just remedial system of law.
Participation
Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: ongoing
Weighting: 20%
Students will be assessed on their informed participation in discussions, role plays, debates and other activities.
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.
- Identify and propose reforms to create a more just remedial system of law.
Hypothetical Problems
Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 18 January 2022
Weighting: 50%
Students will advise a client based on the facts of the situation and the law learned in the course. The essay question and assessment guidance will be released via iLearn.
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.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
Lectures commence in Week 1. Lectures will be available on ilearn prior to week 1.
Lectures 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.
The Required Text is: Covell & Lupton Principles of Remedies, 7th edition (LexisNexis, 2018). Additional readings will be available via iLearn or else they will be linked to a publicly available source.
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.
The unit will be delivered via recorded lectures for each topic plus attendance in semi block tutorials. You will be required to attend a three hour tutorial/seminar in weeks beginning
6 December 2021
13 December 2021
3 January 2022 (3 Jan is a public holiday - please see ilearn for alternative arrangements)
10 January 2022
Unit Schedule
Week one - modules 1-3: Introduction, Torts
Week Two - modules 4-6: Contracts, Equity
Week Three - modules 7-9: Equity, International Law
Week Four - Modules 10-12: Competition and Consumer Law, Apologies, Summary.
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@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.
Unit information based on version 2021.03 of the Handbook