LAWS 7068 Remedies (Juris Doctor)

Credit Points 10

Legacy Code 201060

Coordinator John Juriansz Opens in new window

Description This unit examines the nature, goals and structure of private law remedies, and is organised around the remedial goals of compensation, perfection, vindication, disgorgement, restitution, and punishment. Both judicial and non-judicial remedies in Australian private law are examined including the principles of the major common law, equitable, restitutionary, and statutory remedies available to wronged parties in a variety of circumstances. Emphasis is on the analysis of practical and theoretical advantages and disadvantages of various remedies. The unit explores how and why different remedial goals are accorded differing priority and are given effect in different ways across different areas of private law thereby deepening the student's understanding of remedies and the nature of each of these substantive fields of private law. The content of this unit elucidates the principles relating to the assessment of all forms of damages under common law and statute as well as the judicial approaches to the grant of injunctions and other non-monetary relief.

School Law

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Postgraduate Coursework Level 7 subject

Pre-requisite(s) LAWS 7053

Restrictions Students must be enrolled in a postgraduate program.

Learning Outcomes

On successful completion of this subject, students should be able to:
  1. Critically reflect on common law, equitable, restitutionary, and statutory remedial concepts;
  2. Analyse and solve practical problems and theoretical legal issues with a high degree of autonomy, independence and professionalism;
  3. Collaborate effectively and persuasively on complex legal principles, theories and frameworks governing the award of private law remedies across Australian and overseas jurisdictions;
  4. Communicate complex knowledge and ideas to expert and non-expert legal audience.

Subject Content

- The nature of Remedies
- self-help Remedies
- general principles of compensation
- compensation in equity
- gain-based awards ? Disgorgement and accounting for Profits
- Restitution (The measure of Restitution, Rescission, Unjust Enrichment)
- contested Categories
- Punishment in private Law (exemplary Damages)
- proprietary Relief
- specific Relief ? general principles and specific performance
- Injunctions
- Declaratory Relief
- enforcement
- Vindicatory Damages and damage in Substitution of rights
- tracing
- delivery up, Cancellation and Rectification
- statutory Remedies
- Defensive equities

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Item Length Percent Threshold Individual/Group Task
Presentation/ Discussant Panel Ongoing 20 N Group
Brief to Advise 2,000 words 35 N Individual
Final Exam 2 hours 45 N Individual

Prescribed Texts

  • Witzleb, Normann et al, Remedies: Commentary and Materials (Thomson Reuters, 7th ed, 2020).
  • Barnett, Katy and Sirko Harder, Remedies in Australian Private Law (Cambridge University Press, 2nd ed, 2018).

Teaching Periods

Structures that include subject