Course coordinator
Mr Samuel Walpole
Course overview
- Study period
- Semester 2, 2025 (28/07/2025 - 22/11/2025)
- Study level
- Postgraduate Coursework
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
The course will explore the application of equitable doctrines and remedies with the following three broad categories: commercial arrangements and the conscience of equity; equitable property in a commercial context; and equitable remedies in a commercial context.
The course will explore the application of equitable doctrines and remedies in three broad categories:
1.ﾠCommercial arrangements and the conscience of equity
2.ﾠEquitable property in a commercial context
3.ﾠEquitable remedies in a commercial context
ﾠ
ﾠTopics to be covered include –
- Equity's role in commercial law
- Equitable property
- Selected Issues Arising with Trading Trusts
- Breach of confidence in a commercial context
- Fiduciary obligations in a commercial context
- The law of tracing
- Claims in respect of misappropriated property
- Penalties and relief against forfeiture in a commercial context
- Controversies relating to specific remedies in commercial contexts
- The different varieties of estoppel
- Equitable set-off
- Limitation in equity
Course requirements
Restrictions
LLM (#16 and #24).
Course contact
Lecturer
Dr Andrew Fell
Guest lecturer
Mr Mohammud Jaamae Hafeez-Baig
Guest lecturer
Adjunct Professor John McKenna
Guest lecturer
Ms Laura Heit
Course staff
Lecturer
Mr Samuel Walpole
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Education Mission Statement
The mission of the School of Law is to educate you 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
Describe, analyse and apply the doctrines and remedies of equity to a large number of common commercial situations.
Understand the nature and operation of the fiduciary obligations in a commercial context.
Recognise the commercial and social contexts in a trading trust operation.
Understand and apply the available equitable remedies to common commercial transactions.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Describe, analyse and apply the doctrines and remedies of equity to a large number of common commercial situations.
LO2.
Understand the nature and operation of the fiduciary obligations in a commercial context.
LO3.
Recognise the commercial and social contexts in a trading trust operation.
LO4.
Understand and apply the available equitable remedies to common commercial transactions.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Examination |
Mid-Semester Problem Based Exam
|
40% |
In-semester Saturday 6/09/2025 - 20/09/2025 |
| Essay/ Critique |
Research Essay
|
60% |
14/11/2025 2:00 pm |
Assessment details
Mid-Semester Problem Based Exam
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 40%
- Due date
In-semester Saturday
6/09/2025 - 20/09/2025
- Learning outcomes
- L01, L02, L03, L04
Task description
The mid-semester exam will be held in person at UQ during the central mid-semester examination period. It will consist of one problem question. The content will be limited to Days 1 and 2 of the course. Further information will be provided on Day 1 of the course.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of AI or MT may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 60 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Closed book examination - no written materials permitted |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Research Essay
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 60%
- Due date
14/11/2025 2:00 pm
- Learning outcomes
- L01, L02, L03, L04
Task description
Each student will select, with the course co-ordinator's agreement, a topic for a 5000-6000 word essay (excluding referencing and bibliography) concerned with a contemporary issue of controversy relating to the subject matter of the course.
Each student's topic is to be approved by the conclusion of Days 3 and 4 of the course. The paper will be due on 14 November 2025.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI and/or MT technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.
Deferral or extension
You may be able to apply for an extension.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to 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
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
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%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Additional course grading information
A full statement of marking criteria and standards for each item of assessment will be provided to the students closer to the date of these assessments.
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.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 2 To Week 8 |
Seminar |
Seminars The programme of seminars for the course is set out in the course learning guide. This is available from the course Blackboard site. Seminar topics are:
Learning outcomes: L01, L02, L03, L04 |
Additional learning activity information
This course is taught intensively across four days from 9:00am to 5:00pm on 9, 10 August; 20, 21 September 2025.
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: