Students

LAWS5000 – Remedies, Reparations and Resolution in Law

2025 – Session 1, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Amanda Head
Contact via iLearn
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: Identify and propose reforms to create a more just remedial system of law.
  • ULO6: Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • ULO7: Work independently, meet deadlines, take initiative and be adaptable to diverse and changing environments.

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 engage in classroom activities including mooting, presentations or demonstrations, structured discussion and problem solving, doctrinal analysis, simulated client consultations, and collaborative legal research. Through these activities students will develop skills in oral advocacy, legal analysis, critical reasoning, teamwork and team leadership, and/or strategic problem-solving. These activities are designed to strengthen students' ability to communicate legal concepts verbally and engage professionally within a supportive learning environment.

 
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.
  • Communicate, interact and collaborate professionally and effectively in verbal and non-verbal contexts across diverse settings.
  • Work independently, meet deadlines, take initiative and be adaptable to diverse and changing environments.

Practice-Based Task

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 10 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:
  • 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.
  • Identify and propose reforms to create a more just remedial system of law.

Exam

Assessment Type 1: Examination
Indicative Time on Task 2: 20 hours
Due: University Exam Period
Weighting: 40%

 

An invigilated exam held in the formal examination period. The exam may cover any or all topics and materials covered in the unit.

 
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.
  • Work independently, meet deadlines, take initiative and be adaptable to diverse and changing environments.

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. There are two-hour face-to-face tutorials (in-person or via zoom) beginning in Week 2. 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 prior to the 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:

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.

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 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 2025.03 of the Handbook