Students

LAWS5000 – Remedies, Reparations and Resolution in Law

2022 – Session 1, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Dr Amanda Head
Contact via iLearn
Consultation: Wednesday 1pm-2pm or by appointment
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
Co-badged status Co-badged status
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

Students should be aware of and apply the University policy on academic honesty.

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.

No late submissions will be accepted for timed assessments - e.g. quizzes, online tests.

All assessments are submitted electronically. Turnitin plagiarism detection software is used to check all written assessments.

Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.

Word limits are strictly applied. Work above the word limit will not be marked.  Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation.

Marking of all assessments is moderated through a process of blind marking and the use of detailed marking rubrics.

Assessment Tasks

Name Weighting Hurdle Due
Participation 20% No ongoing; 10/06/22
Research Essay 30% No 01/04/22 at 11:59pm
Hypothetical Problems 50% No 10/06/22 at 11:59pm

Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: ongoing; 10/06/22
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.

Research Essay

Assessment Type 1: Essay
Indicative Time on Task 2: 25 hours
Due: 01/04/22 at 11:59pm
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.

Hypothetical Problems

Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 10/06/22 at 11:59pm
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

For face-to-face students:

There are online/face-to-face lectures each week which begin in Week 1.

There is a one-hour face-to-face tutorial beginning in Week 2. Tutorial content will cover the topic from the previous week's lectures. You must prepare your responses in advance. The content and questions for the tutorial can be downloaded from iLearn. Tutorials are assessed for participation.

For online students:

There are online lectures each week which begin in Week 1.

There is a one-hour online tutorial beginning in Week 2. Tutorial content will cover the topic from the previous week's lectures. You must prepare your responses in advance. The content and questions for the tutorial can be downloaded from iLearn. Tutorials are assessed for participation.

For face-to-face and online students:

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.

Unit Schedule

Topics covered in this unit include:

  • Remedies in Tort
  • Remedies in Contract
  • Remedies in Equity
  • Remedies in Competition and Consumer Law
  • Remedies in International Law and Apologies

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:

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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

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

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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 2022.02 of the Handbook