78220 Commercial Equity6cp
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78221 Commercial Equity
This subject considers the interplay between legal issues that commonly arise during complex commercial disputes, with a focus on three key themes: the notion that equity is storming the citadels of commerce; the use of the trust as an alternative to the corporate form to hide income and assets; and equitable remedies in the wake of failed commercial arrangements.
The subject examines the role that equitable doctrines, particularly fiduciary obligations, play in common commercial situations. The reach of equitable doctrines and their relationship with contractual, tortious and statutory duties are considered within a series of commercial scenarios involving company executives, professional agents, and advisers in commercial trusts, joint ventures and partnerships. The subject discusses the role of equity in a practical and realistic commercial context.
In this subject, students learn in four intensive full-day sessions on campus, collaborating with other students in discussion and problem-solving activities, and preparing and presenting lightning talks. Students research and write an essay on a choice of topics in commercial equity, view online webinars and TEDTalks, read materials posted to Canvas, and contribute to an end of session quiz. This subject is taught by academics and guest lecturers who specialise in this area of law.
Detailed subject description.