General Information
Equitable Remedies is an elective subject in undergraduate programs offered by the Faculty of Law. The subject covers the important field of equitable remedies. The equitable remedies to be studied will include specific performance, declarations, injunctions, rescission, equitable damages, rectification, account and set-off. The types of injunctions which will be examined comprise permanent injunctions, quia timet injunctions, interlocutory and interim injunctions, ex parte injunctions, mareva injunctions, anton piller orders as well as mandatory and prohibitory injunctions. Note that this subject is compulsory for students intending to seek admission in Malaysia who commenced in 992 semester onwards.
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Details
Academic unit: Faculty of Law Subject code: LAWS13-517 Subject title: Equitable Remedies Subject level: Undergraduate Semester/Year: May 2024 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Seminar: x12 (Total hours: 36) - Weekly Seminar
- Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: Seminar attendance is required for all weeks. Course is delivered in a workshop discussion group environment. | Extensive materials are covered in the subject on a weekly basis, and students are required to attend ALL seminar sessions. -
Resources
Prescribed resources: Books
- Wayne Covell,Keith Lupton,Jay Forder (2015). Covell and Lupton Principles of Remedies, 6th Edition. 6th, Lexis Nexis
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications.
Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Class recordings: The primary workload items for this subject will be recorded for the purpose of revision.
These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision.
See the Recording policy for further details.
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS13-517 |
| Subject title: | Equitable Remedies |
| Subject level: | Undergraduate |
| Semester/Year: | May 2024 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
|
| Attendance and learning activities: | Seminar attendance is required for all weeks. Course is delivered in a workshop discussion group environment. | Extensive materials are covered in the subject on a weekly basis, and students are required to attend ALL seminar sessions. |
| Prescribed resources: | Books
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
| Class recordings: | The primary workload items for this subject will be recorded for the purpose of revision. These recordings are not a substitute for attending classes. Students are encouraged to attend all sessions as there may be instances where a session is not recorded due to the presence of a guest speaker, the inclusion of sensitive or protected content, or technical issues. Students are advised not to rely solely on these recordings for revision. See the Recording policy for further details. |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Assumed Prior Learning (or equivalent):
|
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Research Paper A research paper (5,000 to 6,000 words) on a topic to be chosen by the student on an area of interest. 60.00% Week 12 1,2,3,4 Paper-based Test (Open) Students answer one question per week for 10 weeks (weeks 2-11) whilst in class (within a duration of 1 hour each class). Total short essays to be submitted at the end of each class: 10 (assessed at 2 marks each) 20.00% Weekly 1,2,3,4 Activity Students are assessed on their participation/engagement. 20.00% Weekly 1,2,3,4 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Research Paper | A research paper (5,000 to 6,000 words) on a topic to be chosen by the student on an area of interest. | 60.00% | Week 12 | 1,2,3,4 |
| Paper-based Test (Open) | Students answer one question per week for 10 weeks (weeks 2-11) whilst in class (within a duration of 1 hour each class). Total short essays to be submitted at the end of each class: 10 (assessed at 2 marks each) | 20.00% | Weekly | 1,2,3,4 |
| Activity | Students are assessed on their participation/engagement. | 20.00% | Weekly | 1,2,3,4 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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Introduction to Equitable Remedies
A general overview of and introduction to the subject, describing its scope and classifications of law. Seminar expectations and assessment criteria. Introduction to the background of, and the various types and forms of equitable remedies.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
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Injunctions
Examples of judicial discretion to grant Injunctions, Distinction between Jurisdiction and Discretion, Mandatory Injunctions, Prohibitory Injunctions, Interlocutory Injunctions, Quia Timet Injunctions.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Mareva Injunctions
Mareva Injunctions/Orders - The General Rule and Exceptions. Cases on Mareva Injunctions and their practical implications and consequences.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Anton Piller orders
Anton Piller Orders - Jurisdiction, Unsatisfactory aspects of the Anton Piller Order, Other issues.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Injunctions to enforce Negative Covenants
Contracts that will NOT be specifically enforced, Enforcement of Negative Covenants, Share farming Agreements, Lumley v Wagner doubted/reapplied.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Specific Performance
General nature of Specific Performance. Situations where Specific Performance will not be ordered. Defences to a Specific Performance action. Other Aspects of Specific Performance and legal issues: Part Performance; Jurisdiction; Damages in lieu of, or in addition to, Specific Performance, etc.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Rescission
Rescission ab initio. Restitutio in Integrum, Misrepresentation, Common Mistake, Unilateral Mistake, Innocent misrepresentation, Undue Influence, Taking advantage of another person's special Disability, Election, Rule in Seddon's Case, Partial Rescission.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Rectification
Grounds for rectification. Principle of rectification: Common intention, Failure to alert of other party's unilateral mistake, Cannot be excluded by contract, Writing requirements, Where the contractual document does not embody the oral agreement, Common mistake related to the legal effect of the words used in the document, etc.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Subrogation and Marshalling
Surety who has paid the debt of the principal debtor, Insurers right to be subrogated to the rights of the insured against a third party, Non- Surety who has paid the debt of the principal. General principles of Marshalling.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Contribution : Other Equitable Remedies
Basic Principles, Co-sureties, Co-debtors, Other examples of contribution. Declaratory Orders or Declarations, Right to an Account, Delivery up and Cancellation of Instruments, Specific Restitution of a Personal Chattel in Equity.
SLOs included
- Acquire understanding of the various equitable remedies available where a civil wrong has occurred.
- Develop the ability to articulate the principles governing the availability of such remedies.
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Enforcement of Equitable Remedies
Enforcement of Equitable Remedies in practice. Legal and practical issues.
SLOs included
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.
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Equitable Remedies and Legal Drafting
Taking into account the law and practice on Equitable Remedies when drafting commercial contracts. Sample clauses in commercial contracts.
SLOs included
- Develop the ability to apply knowledge of these principles so as to identify relevant legal issues.
- Develop the ability to discuss complex concepts relating to equitable remedies.