Students
LAWS8027 – Law of Obligations III - Remedies
2025 – Session 1, Online-scheduled-weekday
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Amanda Head
Contact via Contact via iLearn
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| Credit points |
Credit points
10
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| Prerequisites |
Prerequisites
(LAWS806 or LAWS8006) and (LAWS8040 or LAWS804) and (LAWS8080 or LAWS808) and (LAWS8010 or LAWS810)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
Remedies brings the doctrinal private law areas of tort, contract and equity together, providing an analytical framework for exploring the interrelationship between rights and liabilities analysed in these areas and the remedies that are available to enforce them. Students will comprehensively compare the remedies available in common law (contract and tort) and equity and the effects of statute on these remedial responses. Remedies is organised according to self-help remedies, such as rescission, and judicial remedies, with the latter categorised according to (i) clarification of rights and pre-trial orders; (ii) monetary orders underpinned by the goals of compensation or gains-based recovery; (iii) punishment and (iv) coercion. This unit 'closes the circle,' bringing together the disparate elements of previous doctrinal units, refreshing, consolidating and extending prior study as a bridge into legal practice. Having a coherent understanding of the different remedial possibilities enables a practitioner to start with the client's desired outcome and work back to select the appropriate cause(s) of action. It also serves as a bridge between the identification of private law rights and liabilities and the practicalities of litigation to obtain the appropriate judicial order, a matter developed in subsequent units dealing with the rules of evidence and practice and procedure.
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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: Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- ULO2: With reference to a range of common law, equitable and statutory remedies, identify and propose reforms for a more just remedial system of law.
- ULO3: Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
- ULO4: Formulate, present and evaluate arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.
- ULO5: Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
- ULO6: Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.
General Assessment Information
All written assessments submitted electronically must be submitted through the link provided in iLearn. This unit will utilise Turnitin plagiarism detection software. Students should carefully check that they submit the correct file for an assessment, as re-submissions will not be accepted after the due date and time, including instances where students upload an incorrect file in error.
The design, moderation and feedback of all assessments is in accordance with the Macquarie University Assessment Procedure (link provided under ‘Policies and Procedures’ below).
Late Submission Policy
A maximum penalty of five (5) percentage points of the total possible marks will be applied per day to late submissions, for up to a maximum of seven calendar days. Tasks that have not been submitted within the maximum number of additional late days will receive a mark of zero. This provision does not apply to online exams or other assessment with a time limit of less than 24 hours.
Penalties for late submission will be applied consistently and equitably to all students enrolled in the unit. Where short-term, serious and unavoidable circumstances have affected their ability to submit an assessment task, a student must submit a formal application for Special Consideration as per the Special Consideration Policy. Students should not request an informal arrangement from their tutor, lecturer or Unit Convenor.
Where an application for Special Consideration is approved, and the outcome is an extension to the due date of a task, submissions that are received after the new due date will be subject to late penalties that are calculated from the new due date. This only applies where the outcome is an extension to the due date – see the Special Consideration Policy for a schedule of all possible outcomes.
Special Consideration
Students should submit applications for Special Consideration electronically via the Service Connect portal, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under ‘Policies and Procedures’ below).
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Professional Skills | 20% | No | Ongoing |
| Practice-Based Task | 40% | No | 16/04/2025 |
| Exam | 40% | No | University Exam Period |
Professional Skills
Assessment Type 1: Practice-based task
Indicative Time on Task 2: 0 hours
Due: Ongoing
Weighting: 20%
Students will develop essential legal professional skills through structured classroom activities such as oral advocacy, critical reasoning, strategic problem-solving, collaborative work, team leadership, mooting, simulated client consultations, legal presentations or demonstrations, doctrinal analysis and problem solving, and/or collaborative legal research. These activities are designed to develop students’ professional capabilities including capacity to communicate legal concepts clearly and engage professionally with diverse audiences in diverse contexts.
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- With reference to a range of common law, equitable and statutory remedies, identify and propose reforms for a more just remedial system of law.
- Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
- Formulate, present and evaluate arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.
- Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
- Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.
Practice-Based Task
Assessment Type 1: Practice-based task
Indicative Time on Task 2: 17 hours
Due: 16/04/2025
Weighting: 40%
An assessment on professional skills and knowledge relevant to the unit. This could be a legal or policy brief, a report, an essay, a law reform proposal, legal pleadings or other related professional task. This assessment may require students to prepare a response through research and adhere to discipline-specific scholarly conventions.
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- With reference to a range of common law, equitable and statutory remedies, identify and propose reforms for a more just remedial system of law.
- Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
- Formulate, present and evaluate arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.
- Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
- Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.
Exam
Assessment Type 1: Examination
Indicative Time on Task 2: 13 hours
Due: University Exam Period
Weighting: 40%
An invigilated examination. The exam may cover any or all topics and materials covered in the unit.
On successful completion you will be able to:
- Demonstrate a detailed and thorough knowledge of legal principles relating to the law on remedies.
- With reference to a range of common law, equitable and statutory remedies, identify and propose reforms for a more just remedial system of law.
- Analyse complex factual situations involving different types of remedies and apply relevant legal principles to solving complex legal problems.
- Formulate, present and evaluate arguments on theoretical issues, drawing upon relevant legal authorities and policy considerations.
- Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
- Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.
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
There are online lectures each week which begin in Week 1. For face-to-face students, there are one-hour face-to-face tutorials beginning in Week 2. For online students, there are two-hour bi-weekly online tutorials beginning in Week 2 or 3. Tutorial content will cover the topics from the previous lectures as detailed on the iLearn page. Discussion questions for each tutorial will be available on the iLearn page for the unit at least one week before the scheduled tutorial.
The Required Text is:
Wayne Covell, Keith Lupton and Louise Parsons, Covell & Lupton Principles of Remedies (LexisNexis, 8th ed, 2022).
Additional readings will be available via 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
Topics include:
- ADR
- Self-Help Remedies
- General Principles of Compensation
- Compensation: Tort and Contract
- Compensation: Personal Injury, Property Damage, Damage to Reputation
- Compensation: Indigenous Australians
- Reparations for Indigenous Australians
- Compensation: Australian Consumer Law
- Equitable Compensation
- Account of Profits
- Restitution
- Specific Performance
- Injunctions
- Equitable Damages
- Rescission
- Rectification
- Constructive Trusts
- Freezing Orders
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
- Assessment Procedure
- Complaints Resolution 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 connect.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.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
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:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
- Student Advocacy provides independent advice on MQ policies, procedures, and processes
Student Enquiries
Got a question? Ask us via the Service Connect Portal, 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 2025.04 of the Handbook