Faculty of Law

Undergraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

FacultyFaculty of Law
OfferedClayton First semester 2014 (Day)
Clayton Second semester 2014 (Day)


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 within the broader context of Australia's judge-made private law, and study key doctrines of equity, including breach of confidence, fiduciary relationships and the duties to which they give rise, equitable property rights and equitable remedies.


On completion of this unit students will:

  1. understand the position of equity within the Australian legal system, and its relationship with the common law and its place within the system of judge-made private law
  2. understand, and be able to critically analyse key doctrines of equity, their development in Australia and in other legal systems, and their theoretical underpinnings
  3. be able to make competent judgements regarding the likely future development of equitable doctrines on a case by case basis
  4. be able to articulate the application of equitable doctrines and remedies to practical legal problems.


Exam (3 hour writing time plus 30 minutes reading and noting time): 100% OR written assignment (2000) words: 40% AND exam (2 hour writing time plus 30 minutes reading and noting time): 60%.

Chief examiner(s)

Dr Patrick Emerton (First Semester)
Ms Nadine Huels (Second Semester)

Workload requirements

Three hours of lectures per week and one hour tutorial per fortnight


LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102