LAWS 7068 Remedies
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.
Discipline Law, Not Elsewhere Classified.
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
Students must be enrolled in a postgraduate program.
On successful completion of this subject, students should be able to:
- Critically reflect on common law, equitable, restitutionary, and statutory remedial concepts;
- Analyse and solve practical problems and theoretical legal issues with a high degree of autonomy, independence and professionalism;
- Collaborate effectively and persuasively on complex legal principles, theories and frameworks governing the award of private law remedies across Australian and overseas jurisdictions;
- Communicate complex knowledge and ideas to expert and non-expert legal audience.
- 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
- Declaratory Relief
- Vindicatory Damages and damage in Substitution of rights
- delivery up, Cancellation and Rectification
- statutory Remedies
- Defensive equities
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.
|Presentation/ Discussant Panel||Ongoing||20||N||Group|
|Brief to Advise||2,000 words||35||N||Individual|
|Final Exam||2 hours||45||N||Individual|
- 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).
Parramatta - Victoria Rd
Subject Contact John Juriansz Opens in new window