Unit Guide

LAW3111
Equity
Semester 1, 2016

Handbook link:
http://www.monash.edu.au/pubs/2016handbooks/units/index-byfaculty-law.html

Table of contents

Table of contents
Unit handbook information

Synopsis

Mode of delivery

Workload requirements

Unit relationships

Prerequisites

Prohibitions

Co-requisites

Chief Examiner(s)

Lecturer(s)

Academic overview

Learning outcomes
Unit schedule

5
5

Teaching approach

Assessment summary

Assessment requirements

10

Assessment tasks

10

Examination

10

Extensions and penalties

11

Returning assignments

12

Resubmission of assignments

12

Referencing requirements

12

Assignment submission

12

Academic Integrity

13

Warning about consequences of disciplinary actionfor Law students

13

Feedback to you

14

Your feedback to us

14

Previous student evaluations of this unit

14

Learning resources

15

Required resources

15

Recommended resources

15

Technological requirements

15

Examination material or equipment

16

Other information
Policies

16
16

Graduate Attributes Policy

16

Student Charter

16

Student Services

16

Monash University Library

16

Disability Support Services

16

Unit handbook information

Synopsis
This unit introduces students to the nature and function of equity in the modern Australian legal
system. Students learn about the relationship between equity and the common law, and study the
key doctrines of equity. These include: breach of confidence, fiduciary relationships and breach of
fiduciary duty, third party liability and tracing, personal and proprietary remedies in equity and
equitable defences.

Mode of delivery
Clayton (Day)

Workload requirements
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per
semester typically comprising a mixture of scheduled learning activities and independent study.
The unit requires on average three/four hours of scheduled activities per week. Scheduled
activities may include a combination of teacher directed learning, peer directed learning and online
engagement.

Unit relationships
Prerequisites
For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111
For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102

Prohibitions
None

Co-requisites
For students who commenced their LLB (Hons) course in 2015 or later: LAW3112
For students who commenced their LLB prior to 2015:
LAW3401

Chief Examiner(s)

Name:DrPatrickEmerton
Phone:+61 3 990 53314
Email:Patrick.Emerton@monash.edu

Lecturer(s)
Name:DrPatrickEmerton
Campus:Clayton
Phone:+61 3 990 53314
Email:Patrick.Emerton@monash.edu

Academic overview
Learning outcomes
At the successful completion of this unit students should be able to:
(1) articulate and critically analyse the key doctrines of equity, their relationship to common
law, their development in Australia, and their theoretical underpinnings, with reference to
international and comparative perspectives;
(2) engage in critical analysis and make reasoned and appropriate choices among
alternatives;
(3) demonstrate cognitive skill, creativity and professional judgement to research and
synthesise relevant legal and practical issues, to interpret and evaluate professional
conclusions, and to formulate appropriate responses to complex legal problems;
(4) communicate and collaborate effectively orally and in writing;
(5) learn and work with autonomy, independence and professionalism, and reflect on and
asses their own capabilities and performance.

Unit schedule

Week

Topic

1:

Topic 1. Introduction to Equity

2:

Topic 2. Breach of Confidence

3:

Topic 2 continued

4:

Topic 3. Fiduciary Relationships and

Breach of Fiduciary Duty

Assessment

MID SEMESTER BREAK

5:

Topic 3 continued

6:

Topic 3 continued

7:

Topic 4. Personal Remedies in Equity

8:

Topic 4 continued

9:

Topic 5. Equitable Proprietary

Remedies

10:

Topic 5 continued

11:

Topic 6: Assignment of Property

Rights in Equity

12:

Topic 6 continued

Doctrinal analysis task due Wednesday

April 13th

Teaching approach
Lectures will be conducted in seminar/lecture style based upon readings and materials set out in
the Reading Guide. Students are expected to read prescribed materials in advance and to be
prepared to participate in class discussion. You should read ahead to maximise your sense of
recognition of the material.
A goal of lectures is to illuminate and explore the issues raised by the prescribed material. You will
be given guidance in the lectures on reading and analysing the prescribed materials, and it is your
responsibility to be familiar with the material to be covered in each lecture. Look ahead and look
backwards regularly to increase your sense of perspective. Remember also that the course builds
on your earlier study of private law and you may need to revise or refresh that learning. Students
are expected to complete an average of three hours of personal study for each hour of contact
time.

Tutorials aim to develop:

1. students understanding of the content taught in lectures;

2. problem solving techniques through the application of rules and principles to factual
problems; and
3. proficiency in oral expression.
To benefit fully from the tutorial programme students need to prepare for and then
participate in their tutorial. The experience of the lecturers is that many students avoid
engaging with the unit materials until just prior to the final exam. The consequence is that
they do not have a sufficient grounding in the relevant principles and perform poorly on the

they do not have a sufficient grounding in the relevant principles and perform poorly on the
final exam. Dont let this be you! Tutorials are you opportunity to engage with, and thereby
master, the material. This means:
4. reading the cases and other materials listed under the relevant topic heading in the Reading
Guide;
5. preparing written answers to the questions contained in this tutorial book;
6. on the basis of that preparation, contributing to tutorial discussion; and
7. being respectful of and receptive to the views expressed by other students and the tutor.
Tutorials perform a different function from lectures and should not be regarded as a form of
mini-lecture. It is not acceptable to simply sit in a tutorial with your computer and transcribe it.

Assessment summary
(1) Doctrinal analysis task: 1,000 words (25%)
(2) Tutorial attendance and participation (10%)
(3) Final examination: (2 hour writing time plus 30 minutes reading and noting time) (65%)
Assessment task

Value

Due date

Doctrinal analysis task

25%

April 13th

Tutorial attendance and participation

10%

Tutorials conclude in Week 12

Final Examination

65%

To be advised

Marking
criteria

Outstanding
(High
Distinction)

Very Good
(Distinction)

Good
(Credit)

Satisfactory
(Pass)

Unsatisfactory
(Fail)

1.
Knowledge
& Understanding of
the Topic

Effective use
of materials;
comprehensive
identification
and discussion
of issues

Appropriate
use of
materials;
good
identification
and
discussion
of issues

Good use of
materials;
majority of
relevant
issues
identified and
discussed.

Some
relevant
materials
overlooked;
possibly some
misunderstanding
of issues or
materials

Relevant
materials
overlooked or
misunderstood;
failure to
identify and
discuss
relevant issues

2. Analysis
& Argument

Thorough
analysis, deals
effectively with
complexity of
issues;
persuasively
argued
throughout,
contrary
arguments
anticipated;
good selection
and critical
evaluation of
materials;
demonstrates
originality

Good
analysis;
argument
welldeveloped
and
supported; a
reasonable
degree of
selectivity,
and some
critical
evaluation,
of materials

Some
analysis of
issues;
argument
may be underdeveloped or
unpersuasive,
synthesis of
materials with
limited critical
evaluation
and some
evidence of
selectivity

Mainly
discursive
with little
analysis of
issues; basic
argument is
unclear or
undeveloped
or not well
supported;
some
reference to
relevant
material with
little evidence
of selectivity

Insufficient
analysis;
argument is
lacking or
unsound;
failure to use
relevant
materials, may
indicate
confusion or
misunderstanding

3. Legal
Writing

Clear and
logical
structure &
organisation;
precise and
concise
writing; clear
authorial voice

Suitable and
coherent
structure &
organisation;
generally
well written;
mostly clear
authorial
voice

Generally
coherent
structure &
organisation
but with
occasional
deficiencies;
reasonably
well written; a
degree of
authorial voice

Some defects
in structure
and
organisation;
writing may
be difficult to
follow in
parts; little
attempt at a
clear authorial
voice

Structure and
organisation
incoherent or
lacking; poorly
written, difficult
to follow; no
authorial voice

4.
Presentation
&
Referencing

Minimal errors
in expression,
grammar,
spelling or
punctuation;
full and
accurate
citation of
authorities and
sources;
thoroughly
edited; well
laid-out and
neatly
presented.

Occasional
minor flaws
in
expression,
grammar,
spelling or
punctuation;
authorities
and sources
are
generally
cited
correctly;
well edited;
adequate

Some flaws
in expression,
grammar,
spelling or
punctuation;
some
missing,
incomplete or
incorrect
citations;
some
oversights in
editing;

Flaws in
expression,
grammar,
spelling or
punctuation; a
number of
missing,
incomplete or
incorrect
citations;
edited with
little care;
poorly laid-out
and presented

Frequent or
repeated flaws
in expression,
grammar,
spelling or
punctuation;
inadequate
citation; poor
editing; poorly
laid-out and
presented

lay-out and
presentation

adequate layout and

presentation

Assessment requirements
Assessment tasks
Assessment task title: Doctrinal analysis task
Mode of delivery:Written task, instructions on Moodle
Details of task:See the assessment entry on the Moodle page for the unit.
Release date (where applicable):March 21st
Due date:April 13th
Word limit (where applicable):1,000 words
Value:25%
Estimated return date:May 16th
Criteria for marking:See the assessment entry on the Moodle page for the unit.

Assessment task title:Tutorial attendance and participation

Mode of delivery:Oral task
Details of task:As noted above, students must attend tutorials and participate in them.
Release date (where applicable):Tutorials commence in Week 2
Due date:Tutorials conclude in Week 12
Word limit (where applicable):NA
Value:10%
Estimated return date:NA
Criteria for marking:One mark will be awarded per tutorial attended, to a maximum of 5.
A mark out of 5 will be awarded for tutorial participation over the whole semester, in accordance
with the following criteria:
No participation: 0 marks
Minimal participation: 1 mark
Makes an accurate or effective contribution, demonstrating preparation for the tutorial, or a serious
attempt at application of knowledge to relevant issues: 2 marks
Makes an accurate and effective contribution, demonstrating preparation for the tutorial anda
serious attempt at application of knowledge to relevant issues: 3 marks
Sustained accurate or effective contributions (ie as for 2 marks above, but over the course of the
tutorials): 4 marks
Sustained accurate and effective contributions (ie as for 3 marks above, but over the course of the
tutorials): 5 marks

Examination
Title:Final Examination
Value:65%
Exam period:
Open/Closed book:Note that the examination in Equity is a closed book exam. No paper or

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Open/Closed book:Note that the examination in Equity is a closed book exam. No paper or
materials may be taken into the examination. Annexed to the exam paper, however, will be a set of
materials identical to the Reading Guide for this unit, but with the commentary extracted. The
exam will be prepared keeping this in mind.

Extensions and penalties

Late submission
If you submit your assignment late, a penalty will be applied.
You will lose 2% of the total marks in this unit for each day of delay.
Part-days and weekends count fully.
Example: If your assignment was due on Thursday at 4pm and you submit on Saturday at 1pm, 4
marks of your final grade will be taken off as a penalty.
Exceeding word limit
A reduction of 1 mark for every 50 words or part thereof over the word limit, where 1 mark penalty
is 1 percentage point out of the total 100 percentage points for the whole unit. Students will be
advised upon return of their assignment mark that the penalty will be applied to their final mark.
Short extension
You may apply for an extension in a law unit, not exceeding two working days of the due date, by
submitting a Short Extension form to the Chief Examiner of the unit. NB This does not apply to
class tests. Speak to your lecturer before doing this.
Longer extension
If you seek an extension of the due date for an assignment or deferment of a class test, you will
need to submit an in-semester special consideration application form to Student Services no later
than two University working days after the due date or date of the class test.
For further details on the procedures, you must see
http://monash.edu/exams/special-consideration.html.
If you are assessed by Student Services as eligible for special consideration, the Chief Examiner
will determine length of extension and will advise you via your student email. If you are assessed
as ineligible, you will be advised by Student Services via email.
Extensions will not be granted beyond the date on which marked assignments are due to be
returned to students.
Special consideration and deferred exams
A student whose work during a teaching period or whose performance in an examination or other
assessment has been affected by acute illness or other exceptional cause beyond their control
may apply in writing to the relevant Faculty for special consideration. Separate forms are used for
in-semester assessment (such as to obtain extensions of due dates for assignments or deferment
of class tests) and end-of-semester assessment (deferment of a final exam). Both types of
application must be supported by documentary evidence and are subject to time limits. An
adjustment of marks is not an available outcome of special consideration.
For further details and forms, refer to the facultys special consideration website

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For further details and forms, refer to the facultys special consideration website
http://monash.edu/exams/special-consideration.html

Returning assignments
Assignments will be returned to students via the Student Services Office.

Resubmission of assignments
Resubmission of assignments is not permitted.

Referencing requirements
You are required to reference consistently with the regime outlined in the library guide to citing
legal references at http://www.lib.monash.edu.au/tutorials/citing/lawcit.html. Please note that you
must use pinpoint references (ie, ones which refer to a specific page or paragraph number) when
quoting from or referring to specific material in case, journal, book etc.
To build your skills in citing and referencing, and using different referencing styles, see the online
tutorial Academic Integrity: Demystifying Citing and Referencing at www.lib.monash.edu/tutorials
/citing/

You are required to reference consistently using the Australian Guide to Legal Citation 3 (AGLC3).
See the Law Library Guide:
http://guides.lib.monash.edu/law/citingandreferencing.
There is also the short Guide-Me clip on referencing at: Legal writing: To cite or not to cite:
http://resources.lib.monash.edu.au/learning-objects/activities/law/to-cite-or-not-to-cite.htm.
For a comprehensive overview of Academic Integrity (Citing, Referencing and Plagiarism) go to:
http://www.monash.edu/library/skills/resources/tutorials/academic-integrity

Assignment submission
Hard Copy Submission: Assignments must include a cover sheet.The coversheet is accessible via
the Monash portal page located at http://www.law.monash.edu.au/current-students/resources/forms
/index.html under the heading Learning and teaching tools. Please keep a copy of tasks
completed for your records. Hard copy assignments are to be submitted to the assignment box
located in the Undergraduate Student Services counter area.
Online Submission: If Electronic Submission has been approved for your unit, please submit your
work via the Moodle pagefor this unit, which you can access via links in the my.monash portal.
Assessments must be submitted electronically using Moodle. Do not submit files attached to
emails. Log into https://my.monash.edu.au/ and select Moodle from the left menu. Select the unit
for which you wish to submit work.

Unless you have made prior arrangements with your lecturer, only the following file formats

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Unless you have made prior arrangements with your lecturer, only the following file formats
will be accepted: .doc, .docx, .pdf. However, please refer to the specific assessment task for
format acceptable for each task.
It is essential you adhere to the following format for the naming of the file you wish to submit:
- it must contain your Authcate name; and
- there must be no space in the filename.
Comments and grading of your assessment will be communicated to you either by email, or
post.

Instructions for submitting an assignment electronically using Moodle are found at

http://www.vle.monash.edu/supporttraining/learnbytech/moodle/students/index.html
Please keep a copy of tasks completed for your records.

Academic Integrity
Academic Integrity modules are now available to students via Moodle. These are a set of
interactive tools to enable students to develop the knowledge and skills for good academic
practice. Completion of modules are encouraged for all students to build a strong base for
academic integrity during their Monash learning journey and beyond. The Academic Integrity
online modules are linked from the Library Resource block within Moodle, and are also directly
available at this link:http://www.monash.edu/library/skills/resources/tutorials/academic-integrity/.
There is a also an accompanying Quiz that we recommend students undertake for better
understanding of Academic Integrity. You may self-enrol by searching for Law Academic Integrity
Module on Moodle and enter enrolment keylawstudentself-enrol.

Warning about consequences of disciplinary actionfor Law

students
Students may face disciplinary proceedings for academic misconduct, including plagiarism,
collusion and cheating, and should make sure that they both fully acquaint themselves with the
University statement on plagiarism referred to above and to the further information in the:

University Discipline Statute 4.1

http://www.monash.edu.au/pubs/calendar/statutes/statutes04.html
University Plagiarism Procedures
http://www.policy.monash.edu/policybank/academic/education/conduct/plagiarismprocedures.html

Studentsshould also read carefully the statement that they are required to sign on the assessment
coversheet.
Students intending to apply for admission to practise law in Victoria should be aware that they will
be required to provide a report from any university at which they have studied on any disciplinary
action arising out of their conduct in the course of study, including disciplinary action with respect
to plagiarism and cheating. Applicants are also required to make their own disclosure of
disciplinary matters (as is the case generally for admission to legal practice). For details, see the
Disclosure Guidelines for Applicants for Admission to the Legal Profession,which can be

accessed via the website of the Victorian Legal Admissions Boardathttp://assets.justice.vic.gov.au

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accessed via the website of the Victorian Legal Admissions Boardathttp://assets.justice.vic.gov.au

//councillegal/resources/766e3ad0-9f30-4be0-ac8d-deae550b963d
/disclosure+guidelines+for+applicants.pdf.

Feedback to you
All assignments will have feedback in a combination of one or more of the following methods:
1. in the form of a marking guide which is attached to each paper and with comments included
on each paper,
2. uploading a HD sample answer to Moodle,
3. providing individual consultation or individual written comments,
4. holding a review class.
Students should make themselves familiar with the marking criteria. With this in mind if a student
believes that they have not received adequate feedback on their assignments they should contact
their lecturer. If students are still not satisfied with the feedback they have obtained then they
should contact the Chief Examiner. If this still does not amount to the student gaining appropriate
feedback then they should contact the relevant program Director.
Students should note that there is a policy of no remarking of assignments unless there has been
a demonstrated error.
Feedback on exams:
Students are also entitled to know where they went wrong and how they can improve with regard
to exams. Students can request a copy of the exam paper (at no charge). Students should firstly
gain a copy of the exam and then make a time see their stream teacher/lecturer to gain
appropriate feedback.
If they are still not satisfied with the feedback they should contact the Chief Examiner. All failed
exam papers are double marked with the higher of the two marks being given to the student.
With regard to both assignments and exams students are entitled to know why they got the mark
they did but marks will not be changed unless there has been a demonstrated error
Post exam feedback:
After the release of results for the unit, a detailed feedback guide for the exam will be provided to
students via the Moodle page for the unit.

Your feedback to us
One of the formal ways students have to provide feedback on teaching and their learning
experience is through the Student Evaluation of Teaching and Units (SETU) survey. The feedback
is anonymous and provides the Faculty with evidence of aspects that students are satisfied with
and areas for improvement.

Previous student evaluations of this unit

In response to the last SETU of this unit, the following changes have been made:
The reading guide has been further developed to further clarify the structure of the unit and the

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The reading guide has been further developed to further clarify the structure of the unit and the
rationale for setting particular readings.
If you wish to view how previous students rated this unit, please go to
https://emuapps.monash.edu/unitevaluations/index.jsp

Learning resources
MonashLibrary Unit Reading List (if applicable to this unit):
http://readinglists.lib.monash.edu/index.html
The references in the Reading Guide to SET are to the following casebook, available from
Legibook:
Bryan, Degeling, Donald & Vann, A Sourcebook on Equity and Trusts in Australia (Cambridge
University Press, 2016)

Required resources
Students generally must be able to complete the requirements of their course without the
imposition of fees that are additional to the student contribution amount or tuition fees. However,
students may be charged certain incidental fees or be expected to make certain purchases to
support their study. For more information about this, refer to the Higher Education Administrative
Information for Providers, Chapter 18, Incidental Fees athttp://education.gov.au/help-resourcesproviders.
Access to Moodle.
Bryan, Degeling, Donald & Vann, A Sourcebook on Equity and Trusts in Australia (Cambridge
University Press, 2016)

Recommended resources
Any of the following texts may support students in their learning for this unit:
Bryan and Vann, Equity and Trusts in Australia (Cambridge Unversity Press, 2012)
Barkehall Thomas & Vann, Equity (3rd ed) (LexisNexis Butterworths, 2015)
Heydon, Leeming & Turner, Meagher, Gummow and Lehanes Equity: Doctrine and

Remedies (5th ed) (Lexis Nexis Butterworths, 2015)

Technological requirements
Access to Moodle.
Access to word processing technology (Microsoft Word) to prepare the assignment.

15

Examination material or equipment

Closed book examination. See details above.

Other information
Policies
Monash has educational policies, procedures and guidelines, which are designed to ensure that
staff and students are aware of the University's academic standards, and to provide advice on how
they might uphold them. You can find Monash's Education Policies at:
http://www.policy.monash.edu/policy-bank/academic/education/index.html

Graduate Attributes Policy

http://www.policy.monash.edu/policy-bank/academic/education/management/monash-graduateattributes-policy.html

Student Charter
http://www.monash.edu/students/policies/student-charter.html

Student Services
The University provides many different kinds of services to help you gain the most from your
studies. Contact your tutor if you need advice and see the range of services available at
http://www.monash.edu/students.

Monash University Library

The Monash University Library provides a range of services, resources and programs that enable
you to save time and be more effective in your learning and research.
Go to http://www.monash.edu/library or the library tab in http://my.monash.edu.au portal for more
information.

Disability Support Services

Students who have a disability, ongoing medical or mental health condition are welcome to contact
Disability Support Services.
Disability Advisers visit all Victorian campuses on a regular basis.

Website:monash.edu/disability
Telephone: 03 9905 5704 to book an appointment with an Adviser;
Email:disabilitysupportservices@monash.edu

Drop In: Level 1, Western Annexe, 21 Chancellors Walk (Campus Centre) Clayton Campus

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Drop In: Level 1, Western Annexe, 21 Chancellors Walk (Campus Centre) Clayton Campus

Copyright Monash University 2016. All rights reserved. Except as provided in the Copyright Act 1968, this work may
not be reproduced in any form without the written permission of the host Faculty and School/Department.

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