Unjust Enrichment (LAWS5125)

Course overview

Examines selective unjust enrichment claims. Topics include mistaken transactions; misdirected payments; claims arising out of ineffective, incomplete or failed contracts; benefits obtained by improper coercion; disgorgement of the profits of wrongdoing; defences and proprietary remedies for unjust enrichment.

Unjust Enrichment law is a recently articulated and vibrant part of private law - the newest thing, one might say, on the private law 'block' . It comprises a variety of important cases in which a defendant can be made liable to pay (make 'restitution') for unjust gains he or she has made at a plaintiff’s expense, rather than for losses her or she may have caused. Many such claims arise where goods or services are provided to a person under a contract that turns out to be incomplete, void or unenforceable, but they can also arise where money is taken or mistakenly paid out without authority, where a person profits by committing some wrong (such as a tort, breach of fiduciary duty, or breach of contract), or where government unlawfully demands too much in tax from its citizens and they want their money back. The recent Robodebt scandal provides an example of the last of these instances. Government, having abused its authority to demand payments from citizens that were simply not due was unjustly enriched at their expense and was accordingly liable to make restitution of the overpayments it received.

Unjust enrichment is a case-law focused subject, much like contract, equity, or tort law, so if you enjoyed any or all of these courses, the chances are that you will enjoy this one too. Studying it completes your understanding of private law and fills important gaps. Because it is still developing rapidly in Australia, there is plenty of scope for debate about its shape, content and underlying aims. A basic knowledge is essential for any anyone who is seriously interested in commercial practice and the course raises a host of fascinating theoretical and policy issues concerning the content and purposes of modern private law.

The course is taught through a structured seminar framework. There is a one-hour introductory on-line guidance overview that provides an introduction to the issues raised by the week’s topic and guidance on appropriate reading, but students then develop their understanding of the topic through independent reading and research. Each topic is then discussed during the two-hour seminar. Students are able to benefit on this course from contributions from leading experts in this field, including the Hon Justice James Edelman (High Court of Australia), who is the author of one of the main works on the subject in Australia, and Mr Sam Walpole, a successful local practitioner. There is now also an annual national moot in this field of law, started by a previous student on this course.

Past students have gone on to serve as judicial associates, or to complete postgraduate studies on the Oxford BCL and Cambridge LLM programmes.

Seminars are not recorded, and in-person attendance is required.

On the last 2 occasions this course ran (in 2016 and 2022 respectively), it received overall student ratings of 4.73/5 and 5/5.

"Easily the best course I have undertaken in my LLB, taught by leading experts in the common law world. Before taking unjust enrichment I had a patchwork understanding of private law, and each of these patches I understood to only varying degrees. This is an exceptional course - exciting, cutting edge and stimulating."

Course requirements

Assumed background

This course assumes prior knowledge of theﾠcore principles of private law including the law of contract, torts, property and trusts. Please do undertake this course if you do not have this prior knowledge.

Please noteﾠthat there are no lectures in this course. It is a student-led, research-focused course designed to enable students to develop their own understanding of the subject matter through independent reading.ﾠ

Although the course is delivered in dual face-to face and online modes, in-person attendance is very strongly encouraged.ﾠ

Prerequisites

You'll need to complete the following courses before enrolling in this one:

(LAWS1701 + 1702 + 1703 + 2702 + 2703 + 2706 + 2707 + 3700 + 3701) or (LAWS1113 + 1114 + 1115 + 1116 + 2115 + 3111 + 3112 + 3114 + 3113)

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS7125

Restrictions

LLB(Hons) and LLB(Hons) dual programs

Course contact

Course staff

Timetable

The timetable for this course is available on the UQ Public Timetable.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

The aim of this course is to provide aﾠstructured framework through which students may develop their own, in-depth understanding of the law of unjust enrichment in the modern day through independent reading and research. There are no formal lectures and seminars are not recorded.ﾠ

Learning outcomes

After successfully completing this course you should be able to:

Assessment

Assessment summary

Assessment details

Problem Solving Exercise

• Online

Mode

Written

Category

Tutorial/ Problem Set

Weight

50%

Due date

23/10/2025 4:00 pm

Other conditions

Time limited.

See the conditions definitions

Learning outcomes

L01, L02, L03

Task description

Submission guidelines

Submission should be made electronically via the Turnitin system on blackboard.

Deferral or extension

You may be able to apply for an extension.

You have 27 days to complete this problem solving exercise. The timing is designed to accommodate other work and study commitments (i.e., students will not need the full allotted time to complete the assessment). For this reason, extension requests will not normally be granted. Applications for any extension must be lodged via my.UQ in the normal way.

Extension to Assessment Due Date

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

End-of-semester Examination - Pre-Designated Topics

• Identity Verified
• In-person

Mode

Written

Category

Essay/ Critique, Examination

Weight

50%

Due date

End of Semester Exam Period

8/11/2025 - 22/11/2025

Other conditions

Time limited, Secure.

See the conditions definitions

Learning outcomes

L01, L02, L04

Task description

Exam details

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Additional course grading information

Assessment Criteria:

Performance will be assessed against the following criteria:

• evidence of independent research beyond the basic course materials (ie the range of materials upon which you draw in your answer, including both caselaw and academic works)
• accuracy and depth of knowledge of the relevant law
• your understanding of the legal and theoretical context of the topic 
• your capacity to engage in critical evaluation
• the level of originality and creativity in your approach
• the quality of your written communication, including clarity and economy of style

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Library resources are available on the UQ Library website.

Additional learning resources information

• K Barker, R Grantham, Unjust Enrichment (3rd edn) (Lexis Nexis, 2025) - Required - This text provides comprehensive, up-to date text, cases and materials for the course that students will be required to access each week in advance of the seminar, so that it is highly recommended that you purchase a copy of your own. The library has only a limited number of copies that can be accessed electronically at any one time and it is not possible to download any of the content owing to a limited licensing agreement, which is very trying. Personally, I find having a hard copy very useful so that annotations to cases can be made. or sections marked up for study in class.
• J Edelman and E Bant, Unjust Enrichment (2nd edn, Hart, 2016) - Recommended - This is a useful secondary text but is out of date and does not contain excerpts from the relevant cases, so if you use it, you will still need access to Barker and Grantham (above). It is available online via the library and one is able to download its content.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

• Student Code of Conduct Policy
• Student Integrity and Misconduct Policy and Procedure
• Assessment Procedure
• Examinations Procedure
• Reasonable Adjustments for Students Policy and Procedure

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course:

• Law School Announcements and Policies