Glossary

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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: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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 students enrolled in the Master of Laws and Graduate Diploma in Law. If an international student has completed their law degree in a common law country such as Australia, UK, Hong Kong, Canada or Malaysia then you can apply for exemption from this course by emailing the course convenor Audrey Blunden, a.blunden@unsw.edu.au. You will be permitted to complete another course in lieu of Australian Legal System.

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. 12th Edition. Published by Butterworths.

Order from UNSW Bookshop

Recommended
None

Resources

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