LLW 3008 Equity and Trusts 2022
Research Essay
Are the courts still being too restrictive? Or is the problem with the standard? Adoption of fairness as a test might not be conducive to greater certainty. But it would certainly promote better understanding by all concerned — and, it might be hoped, higher standards of conduct — if we had a prohibition on conduct which was “in all the circumstances, unfair”.
The Hon Justice Maxwell, President of the Court of Appeal for
Victoria ‘Equity and Good Conscience: The Judge as Moral
Arbiter and the Regulation of Modern Commerce’ 2019 Victorian
Law Foundation Oration 14 August 2019 p 16.
Critically discuss this statement with reference to the intervention of Equity in commercial matters.
Due 11pm Monday 19 December 2022
Value 40% of the total assessment
Limit 2 000 words (+/- 10%)
NB:
1. All work must be typed (12 point font), formatted on A4 paper, double
spaced and have a 2cm margin.
2. A bibliography must be included.
3. A consistent referencing style must be used–see the Australian Guide
to Legal Citation (4th edition).
4. Footnotes should not contain discussion.
5. Submission takes place via the ‘dropbox’ on VU-Collaborate.
6. Please retain a copy of your essay.
7. Marks will be deducted for late submission without an extension being
granted.
8. Assessment Criteria:
– Written expression: grammar, punctuation and spelling.
– Structure: including organisation of the essay (introduction,
conclusion and use of headings).
– Originality.
– Extent and quality of primary and secondary research.
– Accuracy of knowledge.
– Coherence of argument.
– Relevance: answering the question or addressing the topic.
– Observance of scholarly standards: including proper
acknowledgement of sources.
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