On successful completion of this course, students will be able to:

1. Analyse, evaluate and apply advanced principles of equity law in a commercial context, undertake legal research using a range of primary and secondary materials at a foundational level.

2. Identify relevant legal issues and apply relevant legal principles to generate solutions to complex problems relating to equitable dealings in commercial settings.

3. Develop well-structured, cohesive and persuasive written arguments for a legal audience.

4. Exercise judgement in the identification and application of relevant legal principles to a commercial equity dispute in an academic environment.

5. Embody professionalism and ethical behaviour in providing legal advice in an academic environment.

6. Use reflection and feedback to inform development of the capacity to effectively analyse problems and apply relevant legal principles to generate meaningful solutions.

There is no set text for this subject as no appropriate book has been written.

Students can use their books from the subject Equity. For example, in 2018 the text for Equity was Radan and Stewart Principles of Australian Equity and Trusts (3rd ed). Other useful books include Heydon, Leeming and Turner  Meagher, Gummow and Lehane’s Equity Doctrines and Remedies (5^th ed). This book is very highly regarded in the profession, and, in itself, makes the book noteworthy. But it is very expensive and extremely difficult.  But it is very important book.  Also a former author of it, as well as a current author, are former members of the High Court. Also students might refer to On Equity by Justice P W Young AO, Clyde Croft QC, Megan Smith (2009).  So there are lots of very good Australian works on Equity.  

Although I intend to record all lectures, technological problems have been known to occur. Therefore, student access to the online recordings may be delayed. Therefore, all students are strongly encouraged to attend the lectures.

This course will be taught by a series of lectures. In addition, there will be weekly seminars.  The lectures will provide the information, whereas the seminars will examine the course by undertaking problem solving by using the information supplied by the lectures.

The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This is a three unit subject. Obviously, much of the time devoted to this subject comes from the student’s own reading. It is extremely important to realise that this commitment of time is expected and assumed of all students. Please refer to Access Adelaide for your timetable and enrolment details.

As time is limited, we will examine only the major applications of equity in a commercial context.

• Topic One (Week 1): Introduction (Equity in a Commercial Context-Should Equity Involve Itself with Commerce?)
• Topic Two (Weeks 2-3): Equity in the Trade Practices Act/ Competition and Consumer Act
• Topic Three (Weeks 4-7): Fiduciary Obligation
• Topic Four (Week 8): Breach Of Confidence
• Topic Five (Weeks 9-10): Subrogation and Contribution
• Topic Six (Weeks 11-12): Relief Against Penalties and Forfeiture

The weekly timetable is indicative only, and the timing and what is covered may change depending upon a range of factors.

Assessment Task	Task Type (Group or Individual)	Due	Weighting	Length	Redeemable	Course Learning Outcome
Case Analysis	Individual	2pm 20th September	30%	2 x 1000 words	Yes (provided 40% or bona fide effort)	1-6
Online Quiz	Individual	2pm 1st Nov	10%	N.A.	No	1-6
Research Essay	Individual	2pm 4th Nov	60%	4000 words	No	1-6

The first piece of assessment involves a case analysis. This will require students to write two 1000 word pieces of case analysis (that is, students will write a total of 2,000 words).   However, only one will be marked and returned to students. Generic feedback will be provided on the case which is not assessed. The cases will be distributed to students early in the course and will be due on Monday 23rd September. As two components (that is, two casenotes) constitute this first piece of assessment, the date of submission for both casenotes will be when the last casenote of the two is submitted. For example, if one casenote is submitted on the 23rd but the other casenote is not submitted until the 27^th then both casenotes will be marked as if they were submitted on the 27^th.

The second piece of assessment is On Line Assessment.  It is worth 10% of the final mark.  It will be from available from 2pm 28th October and due by 2pm Friday 1st November. The on line assessment is compulsory. The on line assessment is a multiple choice quiz, consisting of a series of twenty questions. To avoid cheating, the 20 questions are randomly pulled selected from a pool of 40 questions, so each student gets a unique quiz. A student has to do in a one hour block. It will be available from 2pm on the Monday of week 12 and due by 2pm of the Friday of week 12. Essentially although the online assessment can be done at anytime during week 12, this online assessment must be done in one single 1 hour block. It can't be broken up. It is redeemable, provided the total mark achieved is a passing one.

 

The third piece of assessment is in the form an essay question of 4,000 words. This requires research as the questions involve answers which are built on, but extend, what has been covered in lectures. Therefore it essential that students attended lectures in this course. The question(s) will be distributed by the end of the course. They will be made available on MyUni on Friday 1th November. The due date of the third piece of assessment is Monday 4th November at 2pm.

 

Breaches of either due date, without an extension, may be penalized in accordance with Law School policy. Late penalties will be enforced at 5% of the marks available per day or part thereof. If seeking an extension the Law School policy must be followed.

 

The word limit for both pieces of assessment include all footnotes. This limit MUST be observed. Breaches of the word limit may be penalized in accordance with Law School policy. Assignments which exceed the allocated length (word limit or page limit) will be subject to a penalty of 5% of total marks available per 100 words or part thereof (ie an essay graded 63% will have 5% deducted if it is 2001 words long, for a final grade of 58%, 10% if it is 2101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

Students must retain a copy of all assignments submitted.

All assignments in this course are to be submitted electronically through Turnitin. Details for electronic submission through Turnitin will be provided with the assignment instructions.

All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Turnaround time: The interim assignments for this course will be returned to students within 2 – 4 weeks of the submission date. Individual feedback will be provided.

Late Submission Penalties
When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend and public holidays. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties
5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations. If the word limit is misstated, this may be regarded as academic dishonesty.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework
Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the  appropriate channels for academic review (such as an official re-mark).

 

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

 
*assurance of the qualifications of markers, and their knowledge of the content covered in each course;
*detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
*sharing of example marked assessments at various grade bands across markers;
*reviewing of selected marked assessments from each marker by the course coordinator;
*comparison of the marks and their distribution across markers;
*automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
*the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.