Credit Points 10

Coordinator Sarah Hook Opens in new window

Description This subject examines the principles of the major common law, equitable, restitutionary and statutory remedies available in Australia to wronged parties in a variety of circumstances. Emphasis is on the analysis of practical and theoretical advantages and disadvantages of various remedies in a culturally diverse society. Topics include the effectiveness of common law, equitable and statutory remedies and the law of restitution and the scope of each of these remedies.

School Law

Discipline Law, Not Elsewhere Classified.

Student Contribution Band HECS Band 4 10cp

Check your fees via the Fees page.

Level Undergraduate Level 4 subject

Pre-requisite(s) LAWS 3018 Equity and Trusts

Equivalent Subjects LAWS 3020 Equity Trusts and Remedies 2 AND
LAWS 3064 Remedies

Learning Outcomes

After successful completion of this subject, students will be able to: 

1. Analyse common law, equitable, restitutionary, and statutory remedial concepts in a culturally diverse society
2. Analyse and solve practical remedial problems and theoretical legal issues
3. Evaluate legal information from a range of primary and secondary sources
4. Construct critically arguments by reference to appropriate evidence, authority and alternative perspectives

Subject Content

1. Common law damages 
2. Account of Profits 
3. Restitution for Unjust Enrichment 
4. Restitution and Disgorgement Generally 
5. Declaratory Relief, with particular reference to applications by First Nations people for standing 
6. Specific Performance 
7. Injunctions, with reference to applications by First Nations people for protection of traditional lands and cultural artefacts. 
8. Quasi-injunctive relief 
9. Rescission 
10. Equitable Compensation 
11. Damages in Equity 
12. Constructive Trusts 
13. Rectification 
14. Delivery up 
15. Specific Restitution of Property 
16. Statutory Remedies 
17. Other Remedies 
18. Defensive Remedies