Program Overview

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LAWS5000 Remedies, Reparations and Resolution in Law

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.

General Information

• Unit convenor and teaching staff: Amanda Head
• Credit points: 10
• Prerequisites: 140cp in LAW or LAWS units including ((LAW203 or LAWS2400) and (LAW315 or LAWS3300) and (LAWS217 or LAWS2500 or LAW317))
• Corequisites: (LAWS398 or LAWS3200) or LAW456
• Co-badged status:

Learning Outcomes

On successful completion of this unit, 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.

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.

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.

Special Consideration

Students should submit applications for Special Consideration electronically via the Service Connect portal, along with the supporting documentation.

Assessment Tasks

• Professional Skills: 20%, No hurdle, Ongoing
• Practice-Based Task: 40%, No hurdle, 16/04/2025
• Exam: 40%, No hurdle, University Exam Period

Professional Skills

Assessment Type: Practice-based task
Indicative Time on Task: 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.

Practice-Based Task

Assessment Type: Practice-based task
Indicative Time on Task: 10 hours
Due: 16/04/2025
Weighting: 40%

An assessment on professional skills and knowledge relevant to the unit.

Exam

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

An invigilated exam held in the formal examination period.

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.

Required Text

Wayne Covell, Keith Lupton and Louise Parsons, Covell & Lupton Principles of Remedies (LexisNexis, 8th ed, 2022)

Additional readings will be available via iLearn.

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. 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

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct.

Academic Integrity

At Macquarie, we believe academic integrity honesty, respect, trust, responsibility, fairness and courage is at the core of learning, teaching and research.