Australian Legal System - LAWS8271

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be 9200, 9230 or 5740.
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description


This course provides a substantive introduction to the common law and the Australian legal system for law graduates from non-common law jurisdictions. The core topics are the Australian Constitution, the court system, contract and tort law, equity and trusts, property law, regulation of business.


Credited Programs


This course is only available to International Master of Laws/ Graduate Diploma in Law students only. Not available to Legal Studies students.

Recommended Prior Knowledge


None.

Course Objectives


At the end of the course students will have a basic understanding of the following aspects of the Australian legal system and how they differ from their own legal systems:
  • The Australian Constitution
  • The principle institutions of the Australian legal system, including: the courts; the legislature; the executive arm of government; the judiciary; the legal profession
  • Sources of Australian law - the doctrine of precedent, statutory interpretation, recognition of customary law
  • The origins of the common law
  • Equity and trusts
  • The development of the law of torts
  • The law of contract
  • Corporate law and regulation
  • The law of property

Main Topics


  • Introduction to the Australian Constitution and legal system. Presentations on participants' home jurisdictions
  • The Common Law Legal System: court process, judicial reasoning, reading law reports. Visits to the NSW Court of Appeal, and the District Court of NSW to observe appeal proceedings and a criminal trial before a jury
  • The Australian Constitution: the Executive, the Legislature and the Judicature. The role of the High Court of Australia in interpreting the Constitution
  • Criminal law and procedure, focusing on comparative aspects of the criminal process. The jury system
  • Contract law through the cases. Comparative aspects of contract law. Consideration. Interaction of common law and statute
  • Civil wrongs - the law of torts, developed through the cases and legislation
  • Overview of property law in Australia. Real and personal property
  • Equity and trusts. Fiduciary duties. Directors' duties. Constructive trusts
  • Native title in Australia: Mabo, Wik and the aftermath

Assessment


Class participation Participation and engagement in class. One class presentation to be given 15%
Research essay 3,000 words 50%
Class test Open book (at end of course) 35%
 

Course Texts


Prescribed
  • Australia's Constitution. Published by the Australian Government Solicitor and Parliamentary Education Office, Canberra.
  • Business Law of Australia by RB Vermeesch and KE Lindgren. 11th Edition. Published by Butterworths.
Recommended
None

Resources


Students will receive supplementary materials, including topic outlines and cases, in class.