Unit details (Course and Unit Handbook 2002)
1
International Exchange - Law
Enrolment code: BLA010
Unit description: For details, contact Faculty of Commerce and Law
Introduction to Law
Enrolment code: BLA101
Offered: Hbt, sem 1&2; Ltn, sem 1&2
Special note: compulsory unit for all intending law students. Subject to quota
Unit description: Has three principal aims – to give students a ‘feel’ for the
study of law. This includes understanding: approaches to legal problems and
issues; classification of various areas of the law; skills that need to be developed
to study law; the scope and dynamics of legal systems; roles and
responsibilities of the legal profession. To develop, at an introductory level, the
intellectual skills of fact-finding, analysis, reasoning, evaluation and
communication and to encourage students to think logically. Semester 1 is an
introduction to several key aspects of the legal system.
Staff: tba
Unit weight: 25%
Teaching: 2x50-min lectures weekly, 50-min tutorial weekly in sem 1 and
fortnightly in sem 2
Assess: tba
Required texts, etc:
Morris et al, Laying Down the Law, 4th edn, Butterworths, Syd, 1996
Butterworth ‘s Concise Australian Legal Dictionary, Butterworths, Syd, 1996.
Courses: L3D L3E L3F L3G L3K
Contract Law
Enrolment code: BLA200
Offered: Hbt, sem 1&2
Special note: compulsory unit; the unit is weighted at 20% for combined
degrees
Unit description: Develops an understanding of the law of contract and the
enforceability of contractual obligations in the contemporary contexts of
Australian and international commercial relations. The unit deals with the
common law and statutory principles of contract law including the elements of
Unit details (Course and Unit Handbook 2002)
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enforceable agreement; the functions of contract; the construction and
interpretation of terms; terms implied in contracts; formalities for making
contracts; factors affecting enforceability including, misrepresentation, duress,
undue influence, unconscionability and illegality; privily; and discharge and
remedies for breach of contract. Topics such as quasi-contract and the
internationalisation of modern contract law are discussed. These principles are
considered critically to enable students to recognise the values inherent in
contemporary contract law, the possible directions for future development of
contract law and the issues of fairness in modern contract law.
The unit also aims to develop study skills in library research, problem solving
and case briefing which improves students’ capacity to synthesise complex
legal arguments. Students will also be introduced to basic legal drafting in
contract. Skills of decision making and the exercise of judgment will be
developed in the tutorial program. The importance of effective negotiations
leading up to contracts and the nature of the existence of alternative dispute
resolution mechanisms will be discussed.
Staff: Prof DRC Chalmers, Ms L Butler
Unit weight: 25%
Teaching: 2x50-min lectures weekly, 50-min tutorial fortnightly
Assess: tba
Required texts, etc:
latest editions of the following –
Carter J and Harland D, Contract Law in Australia, Butterworths
Carter J and Harland D, Cases and Materials on Contract Law, Butterworths.
Courses: L3B L3D L3E L3F L3G L3K
Torts
Enrolment code: BLA201
Offered: Hbt, sem 1&2
Special note: compulsory unit; the unit is weighted at 20% for combined
degrees
Unit description: Introduces students to the elements of tort liability and
provides a comprehensive survey of the principal causes of action in the Law of
Torts. The substantial part of the unit covers the general principles of
negligence and more specific areas of negligence such as negligent
misstatement and pure economic loss. The unit also deals with the tort of
defamation and statutory schemes of compensation in order to consider the
extent to which such schemes supersede or supplement Common Law
remedies. Practical legal skills incorporated within this unit include legal
reasoning, legal research and oral presentation.
Staff: Assoc Prof M Otlowski, Mrs J Davis
Unit weight: 25%
Unit details (Course and Unit Handbook 2002)
3
Teaching: 2x50-min lectures weekly, 50-min tutorial fortnightly
Assess: tba
Required texts, etc:
Davies M, Torts, 3rd edn, Butterworths, 1999.
Recommended reading:
Balkin R and Davis J, The Law of Torts, 2nd edn, Butterworths, 1996
Trindade F and Cane P, the Law of Torts in Australia, 3rd edn, OUP, 1998
Fleming J, the Law of Torts, 9th edn, LBC, 1998
Courses: L3B L3D L3E L3F L3G L3K
Criminal Law
Enrolment code: BLA202
Offered: Hbt, sem 1&2
Special note: compulsory unit for students of Law; may be taken as a
BSocSc(PoliceStudies) unit
Unit description: Develops a sound understanding and knowledge of the
general principles of criminal responsibility in a Code jurisdiction and of
particular criminal laws together with an appreciation of the social and legal
context in which the substantive criminal law operates. Strong emphasis is
placed on the development of problem-solving skills. The unit begins with an
investigation of the concept of crime and an introduction to criminal procedure.
The interpretation of the code is dealt with followed by the study of criminal
responsibility and defences. Particular offences studies in detail include assault,
sexual offences, traffic offences, drug offences and property offences.
Staff: Mr JB Blackwood (Coordinator), Prof CA Warner
Unit weight: 25%
Teaching: 2x50-min lectures weekly (28 wks), 50-min tutorial fortnightly (24
wks)
Assess: tutorial papers (30%), 3-hr open-book exam (70%)
Required texts, etc:
Blackwood J and Warner K, Tasmanian Criminal Law: Text and Cases, ISBN
085901701X (vol 1); 0859017028 (vol 2)
Criminal Code, 1924 (Tas).
Courses: L3B L3D L3E L3F L3G L3K R3K
Principles of Public Law
Enrolment code: BLA203
Offered: Hbt, sem 1&2
Unit details (Course and Unit Handbook 2002)
4
Special note: compulsory unit
Unit description: Teaches students to: understand the interactions between
government policy, administration and the law; learn the basic principles
applying to major areas of administrative law; navigate around the operations
of government in order to resolve administrative problems; develop and apply
the capacity to interpret and apply legislation; understanding and debate the
major legal issues involving governmental decision making; and to enhance
research and writing skills. The unit outlines the basic principles of
Constitutional and Administrative law in Australia in order to develop an
understanding of the central features of the State and federal constitutions and
of the Australian federal system; the operations, structures and powers of
parliament, parliamentary control of government finances, the federal balance
of power, Commonwealth-State financial relations, Commonwealth power over
the economy and the Constitutional provisions designed to unify the Australian
economy, express and implied constitutional rights; the nature of executive
power and the legal and political restraints on such power; and the nature and
scope of administrative law. Practical legal skills incorporated within this unit
include preparation of a brief, legal research and report preparation.
Staff: Mr MD Stokes, Mr RD Snell
Unit weight: 25%
Teaching: 2x50-min lectures weekly, 50-min tutorial fortnightly
Assess: sem 1: 1,500-word paper (15%), 3-hr exam (35%); sem 2: 2 briefing
papers (5% ea), research assignment (40%), Candidate must pass overall
assessment in both semesters to pass the unit
Required texts, etc:
Constitution of the Commonwealth of Australia (publication details available from
the Law School)
Courses: L3B L3D L3E L3F L3G L3K
Property Law
Enrolment code: BLA303
Offered: Hbt, sem 1&2
Special note: compulsory unit
Unit description: Provides students with a general understanding of the
principles of law applicable to the relationship of persons to property,
especially real property. The nature, creation, acquisition and remedies for the
protection of interests in real property are analysed. Topics include: the
doctrine of tenures and estates; the development of legal and equitable
interests; statutory regulation and registration of proprietary interests in land,
both under general law and the Torrens system; basic principle of
co-ownership, leases, easements, freehold covenants and securities (particularly
Unit details (Course and Unit Handbook 2002)
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in respect of real property). The unit also briefly explores the basic principles of
the law of personal and intellectual property. Practical legal skills incorporated
within this unit include principles of statutory interpretation.
Staff: Mr KF Mackie, Mr LD Griggs and Dr CEP Haynes
Unit weight: 25%
Teaching: 2x50-min lectures weekly, 50-min tutorial fortnightly
Assess: 3-hr open-book exams in June and Nov (50% ea)
Required texts, etc:
tba
Courses: L3B L3D L3E L3F L3G L3K
Law of Groups
Enrolment code: BLA304
Offered: Hbt, sem 1
Special note: compulsory unit
Unit description: Outlines the various forms of business organisation: the sole
trader, partnership, joint venture, association and corporation (the trading trust
is considered in BLA401) in order to gain: an understanding of the differences
between each form of business organisation, their respective advantages and
disadvantages, and the importance of the separate entity doctrine; an
appreciation of the legislative and common law regime that governs each form
of business; a broad understanding of the mechanics involved in the creation
and management of each type of entity; and to serve as an introduction to
BLA665, BLA668, and other commercial units. In the discussion of each type of
organisation the concept and nature of that form are analysed and the legal
problems that flow from the adoption of that structure are considered. Practical
legal skills incorporated within this unit include statutory interpretation, the
conduct of meetings and mediation.
Staff: Mr LD Griggs
Unit weight: 12.5%
Teaching: 2x50-min lectures weekly, 50-min tutorial fortnightly
Assess: tba
Required texts, etc:
Partnership Act 1891 (Tas)
Corporations Law
Courses: L3B L3D L3E L3F L3G L3K
Honours
Enrolment code: BLA400
Unit description: For details, contact Faculty of Commerce and Law
Unit details (Course and Unit Handbook 2002)
6
Equity and Trusts
Enrolment code: BLA401
Offered: Hbt, sem 1
Special note: compulsory unit
Unit description: Examines the equity jurisdiction of the Australian courts.
The unit conveys to students an appreciation of the dynamic and flexible nature
of equity and its interrelationship with other subjects in the law curriculum.
There is a brief survey of the historical background of the English equity
jurisdiction leading to a consideration of the features and practice of modern
equity. The evolving nature of equity jurisdiction is considered with emphasis
on fiduciary obligations and other selected topics which may vary from year to
year. The unit also considers the requirements for the creation of trusts and the
obligations which arise from resulting and constructive trusts. It includes a
discussion of charitable trusts and the modern discretionary trust in its
commercial context; and deals with superannuation trusts and managed
investment schemes. It concludes with a discussion of the duties and powers of
trustees, breach of trust and the termination of trust. The unit includes a
drafting exercise which requires students to make prescribed amendments to an
existing trust deed, and is designed to teach them to: (a) write clearly and
concisely; and (b) apply trust principles in a commercial context.
Staff: Mr G Dal Pont, Ms L Butler
Unit weight: 12.5%
Teaching: 100-min lecture weekly, 50-min tutorial fortnightly
Assess: drafting exercise, and 3-hr exam (100%)
Required texts, etc:
Dal Pont G, Chalmers D and Maxton J, Equity and Trusts in Australia and New
Zealand, 2nd edn, LBC, Syd, 2000
Dal Pont G, Chalmers D and Maxton J, Equity and Trusts – Commentary and
Materials, 2nd edn, LBC, Syd, 2000.
Courses: L3B L3D L3E L3F L3G L3K
Litigation
Enrolment code: BLA402
Offered: Hbt, sem 1&2
Special note: compulsory unit
Unit details (Course and Unit Handbook 2002)
7
Unit description: Imparts an understanding of the principles and rules
relating to the rules of procedure and evidence in both civil and criminal
litigation in the pre-trial and trial stages of litigation; develops an appreciation
of the determinative role that pre-trial activities and rules of evidence can have
on the course and outcome of civil and criminal trials; encourages a critical
appraisal of the evidential and procedural rules governing the formal resolution
of civil and criminal matters. Studies cover: the objectives underlying civil and
criminal procedure; pre-trial civil procedure, from identification of the parties
and causes of action to settlement of the dispute, including originating process,
defining the questions for trial and obtaining evidence in support of the case;
pre-trial criminal procedure, including police powers of investigation and
arrest, the rights of suspects, bail, the initiation of criminal proceedings and the
accused’s pleadings; the rules of evidence, including basic evidential concepts,
obtaining testimony, questioning witnesses in court, protective mechanisms in
respect of unreliable evidence, the exclusionary rules against hearsay and
opinion evidence, limitations on evidence against the accused in a criminal trial
and documentary evidence. Practical legal skills incorporated within this unit
include witness examination and cross-examination techniques.
Staff: Ms T Henning, Ms R Bradfield
Unit weight: 25%
Teaching: 2x50-min lectures weekly, 1 50-min seminar fortnightly
Prereq: BLA200, BLA201, BLA202, BLA303
Assess: sem 1: 3-hr exam in June (40%), 2 seminar papers (10%), 1,000-word
written court report (10%); sem 2: 2-hr exam in Nov (30%), 2 seminar
papers (10%). Students must pass both sem 1 and 2 to obtain a pass in the
unit
Required texts, etc:
Aronson, Hunter and Weinberg, Litigation, ISBN 0409312770
Cairns, Australian Civil Procedure, ISBN 0455210594
Evidence Act 1910 (Tas)
Evidence Act 1995 (Cwlth)
Courses: L3B L3D L3E L3F L3G L3K
Jurisprudence 1
Enrolment code: BLA611
Offered: Not offered in 2001
Unit description: Introduces students to some of the moral issues arising from
law, especially criminal law. The course aims to give students an
understanding: (1) of the issues involved in using the criminal law to punish
statements of belief rather than actions, to punish private sexual and other
conduct which may cause no one any harm or which causes harm to no one
Unit details (Course and Unit Handbook 2002)
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other than the perpetrator; (2) of the justifications for punishment; (3) of the
justification for compensation.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Jurisprudence 2
Enrolment code: BLA612
Offered: Hbt, sem 1
Special note: may not be offered in 2001
Unit description: Introduces students to moral debates about what the
content of the law ought to be and to some of the major theories of law, such as
Natural Law, positivism and Realism and some of the most influential modern
theories, including those of Professors Hart and Dworkin with a view to
encouraging students to think about the possible justifications for law and for
the powers judges exercise. The unit is divided into two parts: (a) a
consideration of whether the criminal law should be used to enforce popular
morality; and (b) an analysis of the types of justification which could be given
for judicial decisions.
Staff: Mr MD Stokes
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 2,000-word paper (15%), 4,000-word paper (85%)
Required texts, etc:
Hart HLA, The Concept of Law, ISBN 0198761228
Dworkin R, Laws Empire, ISBN 0006860281
Recommended reading:
Dworkin R, Taking Rights Seriously, ISBN 071567154
Mill JS, On Liberty,
Devlin P, The Enforcement of Morals, ISBN 0192850180
Courses: L3B L3D L3E L3F L3G L3K
Jurisprudence 3
Enrolment code: BLA613
Offered: Not offered in 2001
Unit description: Introduces students to contemporary work in critical theory
in jurisprudence. The unit provides students with an understanding of the
Unit details (Course and Unit Handbook 2002)
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central issues in contemporary jurisprudence and the ways in which these
issues function as sites of contested meaning. Students learn to apply various
theoretical perspectives to central issues in law, including the nature of justice
and the role of equality before the law. Because this is a unit about law, rather
than a unit in law, it emphasises the development of basic analytical skills and
the ability to debate issues central to an understanding of law. The unit
concentrates on the critical legal studies movement, critical race theory, and
mainstream work in feminist jurisprudence.
Staff: Mr MD Stokes
Unit weight: 12.5%
Teaching: 2x50-min lectures weekly, 1x50-min tutorial fortnightly
Assess: 5,000-word research paper (100%)
Courses: L3B L3D L3E L3F L3G L3K
Jurisprudence 4
Enrolment code: BLA614
Offered: Not offered in 2001
Unit description: Introduces post-modern feminist legal theory. It attempts to
provide students with an understanding of the central issues in feminist
jurisprudence through an examination of the marginalities of gender and race
and their relationship to law. Students will explore whether and how there can
be a role for the feminine in law and in adjudication without either relying
upon some form of essentialism or simply seeking to reverse existing gender
hierarchies. Students will develop their ability to analyse the relationship
between law, justice, and the female body. The relationship between law and
justice is a central theme, and the idea of justice as what did not happen when
the law has had its way will be explored. The unit will centre upon the work of
feminist theorists who have been influenced by the ‘French feminisms’ and by
the work of Jacques Derrida.
Unit weight: 12.5%
Teaching: 5x 50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Criminology
Enrolment code: BLA615
Offered: Hbt, sem 1
Special note: may be taken as a BSocSc(PoliceStudies) unit
Unit details (Course and Unit Handbook 2002)
10
Unit description: Studies the nature and explanations of crime and its control.
The unit seeks an understanding of the nature of crime and society’s response
to it in its historical, social and political context. Studies cover: the phenomenon
of crime, why some forms of conduct are criminalised; theories and
explanations of crime, focusing on the extent to which these approaches deal
with the crimes of women as well as of men; and selected criminological issues;
eg juvenile offenders, victims and any contemporary issues.
Staff: Prof CA Warner and Ms T Henning
Unit weight: 12.5%
Teaching: 50-min lecture, 120-min seminar weekly
Assess: 2 x 2,000-word assignments (40% ea), oral presentation, seminar paper
(10%), participation (10%)
Recommended reading:
White R and Hains F, Crime and Criminology, An Introduction, ISBN 0195537742
White R and Perrone S, Crime and Social Control, An Introduction, ISBN
0195537750
Braithwaite J, Crime, Shame and Reintegration, ISBN 0521356687
Chappel D and Wilson P, Crime and the Criminal Justice in Australia: 2000 and
Beyond, ISBN 0409316466
Courses: L3B L3D L3E L3F L3G L3K R3K
Sociology of Law
Enrolment code: BLA616
Offered: Hbt, sem 2
Unit description: Provides a sociological perspective on the relationship
between law and society; and a critical analysis of the basic processes of law,
the relationship between legal reasoning and social problems, issues of social
power and legal institutions, and law reform and social change. The aims of the
unit are (1) to evaluate the social basis of constructions of the legal subject; (2) to
access liberal and radical concepts of rights and justice; (3) to analyse the
relationship between law, specific social groups and power (eg Indigenous
people, women, working class); and (4) to explore legal strategies and reforms
in the context of current social issues (eg environmental regulation).
Staff: Assoc Prof R White
Unit weight: 12.5%
Teaching: 2-hr lecture weekly, 1-hr seminar fortnightly
Mutual excl: HAF209/309, HGA207/307
Assess: 2,500-word essay (50%), 2-hr exam in Nov (50%)
Majors: Women’s Studies
Courses: L3B L3D L3E L3F L3G L3K R3A R3K
Unit details (Course and Unit Handbook 2002)
11
Comparative Law
Enrolment code: BLA617
Offered: Not offered in 2001
Unit description: Gives students an overview of the principal features of the
world’s major legal systems and, through concentration on the sources of law in
those systems, of the methods of resolving legal problems in those systems as
compared to our own. The unit covers civil systems of law, Asian legal systems,
customary legal systems, law in post-communist societies and in emerging
federal structures. Where appropriate, the emphasis of the unit will involve a
comparative approach to problems which have a practical relevance in
Australian law or which impact on Australia’s international obligations.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr open-book exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Legal History
Enrolment code: BLA618
Offered: Hbt, sem 2
Unit description: Examines the relations between crime and the law in
England and Australia from the middle ages to the present. The unit discusses
the origins of the criminal law system, the changing roles of state and
community in the regulation of conduct, and the changing nature and
definition of crime and criminal activity. It considers the history of the courts,
the police and the prison system, and the ways they define and deal with a
range of crimes and social problems over a broad period of time. The
assumption of the unit is that a knowledge of history fosters both an
understanding of, and a critical engagement with, the criminal justice system as
it operates today. Emphasis will be given to topics that bear on contemporary
issues, and, where appropriate and possible, to Tasmanian case-studies.
Interested students will have the opportunity to conduct primary research on
aspects of the Tasmanian criminal justice system.
Staff: Prof M Bennett, Dr S Petrow, Ms J Davis
Unit weight: 12.5%
Teaching: 2x50-min lectures weekly, 50-min tutorial fortnightly
Prereq: HTA100 or BLA100
Mutual excl: HTA218/318
Assess: 2,500-word essay (40%), tutorial participation (10%), 2-hr exam (50%)
Unit details (Course and Unit Handbook 2002)
12
Required texts, etc:
a reader to be prepared
Courses: L3B L3D L3E L3F L3G L3K
International Law
Enrolment code: BLA631
Offered: Hbt, sem 1
Unit description: Introduces the structure of the international legal system by
discussing the system since 1945 through the institutions of the United Nations.
The legal significance of the General Assembly, Security Council and the
International Court of Justice are assessed. The unit then considers what
International Law actually is and how it works, by reference to its sources.
Extensive reference is made throughout to current international issues and
particular attention is given to the subject in relation to Australia; the
development of an interest in, and familiarity with, international affairs will
assist study in this unit. The unit is a prerequisite for BLA635 Advanced
International Law and is useful, though not required, for BLA634 Human
Rights, BLA633 Antarctic and Southern Ocean Law and BLA632 Law of the Sea.
Staff: Dr S Kaye
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: Blay, Piotrowicz and Tsamenyi, Public International Law: An Australian
Perspective, ISBN 0195506901
Required texts, etc:
tba
Courses: L3B L3D L3E L3F L3G L3K
Law of the Sea
Enrolment code: BLA632
Offered: Hbt, sem 2
Unit description: Considers the public international law elements of maritime
law and of oceans spaces. The unit examines maritime zones and offshore
jurisdiction, maritime boundary delimitation, fisheries management,
navigation, environmental protection of the oceans, and offshore mining.
Staff: Dr S Kaye
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 2,000 to 2,500-word assignment (50%), 3-hr open-book exam (50%)
Courses: L3B L3D L3E L3F L3G L3K
Unit details (Course and Unit Handbook 2002)
13
Antarctic and Southern Ocean Law
Enrolment code: BLA633
Offered: Hbt, s-sch
Unit description: Focuses on the law relating to human activity in and around
the Antarctic continent. The unit deals with the national claims of sovereignty
in Antarctic and jurisdictional issues, resource issues, environmental matters
and the protection of flora. The unit seeks an understanding of the importance
of law in regulating activity in Antarctica, as well as the close interrelationship
between such matters as claims to sovereignty, and environmental
management and protection.
Staff: Mr K Mfodwo
Unit weight: 12.5%
Teaching: 3x50-min lectures weekly, 50-min tutorial fortnightly
Prereq: BLA631 is desirable
Assess: 2x2,500-word essays (90%), 10x500-word summaries (10%)
Required texts, etc:
Rothwell and Davis (eds), Commentary and Materials on the Protection of the
Antarctic Environment, Federation Press, 1997
Mfodwo K, materials on Antarctic and Southern Oceans law.
Courses: L3B L3D L3E L3F L3G L3K
Human Rights
Enrolment code: BLA634
Offered: Hbt, sem 2
Unit description: Examines the theory of rights and their development in
international law. The international judicial processes for the protection of
human rights and the difficulties of enforcement are discussed. The unit also
studies the impact on Australia of human rights theory and practice.
Staff: Dr S Kaye
Unit weight: 12.5%
Teaching: 3x110-min lectures/seminars/tutorials fortnightly
Assess: 2,000 to 2,500-word assignment (40%), 3-hr open-book exam (60%)
Recommended reading:
Piotrowicz and Kaye, Human Rights in International and Australian Law, ISBN
0409314153
Courses: L3B L3D L3E L3F L3G L3K
Advanced International Law
Enrolment code: BLA635
Unit details (Course and Unit Handbook 2002)
14
Offered: Hbt, s-sch
Unit description: Builds on BLA631 International Law by examining in detail
selected (usually four-five) current issues of International Law. The content
thus alters annually, but particular attention is paid to issues of direct concern
to Australia and the Australasian region. Reading lists and questions for
discussion will be issued in advance and students are expected to participate
actively in the classes through contribution to discussion.
Staff: tba
Unit weight: 12.5%
Teaching: teaching pattern tba
Prereq: BLA631
Assess: tba
Required texts, etc:
tba
Courses: L3B L3D L3E L3F L3G L3K
Law of the European Union
Enrolment code: BLA636
Offered: Hbt, s-sch
Special note: may not be offered in 2001
Unit description: Covers the following topics: (a) Origins and framework of
the EU: Treaty of Rome. Merger of early Communities/EU Institutions (Court,
Council, Commission, Parliament); (b) EU Law making: by treaty, regulation,
directive, decision, incorporation into member states’ legal systems (Doctrine of
Direct Effects). Conflict of EU and national law. Enforcement by citizens and
states; procedures under Article 169; (c) EU Common Market Principles: Four
freedoms (movement of goods, persons, capital and services). Competition
policies (Articles 85-90), dominant markets and relevant case law; and (d) The
relationship between EU and Australian/International Trade law. Community
power and competence in external trade agreements
Unit weight: 12.5%
Teaching: tba
Prereq: BLA631 is useful
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Maritime Law
Enrolment code: BLA638
Unit details (Course and Unit Handbook 2002)
15
Offered: Not offered in 2001
Unit description: Studies selected areas of law governing the commercial
navigation of the sea. Areas include the competence of different legislatures to
regulate maritime activities, the maritime jurisdiction of courts including
Admiralty jurisdiction, an introduction to international law and maritime
zones, pollution controls, regulation of shipping, liability for casualties at sea
including Collision Regulations, wreck, derelict and salvage, general average,
carriage of goods under bill of lading and charterparty, limitation of actions and
marine insurance. Students may also research other areas of maritime law, but
not the international law of the sea.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Planning Law
Enrolment code: BLA641
Offered: Not offered in 2001
Unit description: Familiarises students with the land use planning system of
Tasmania. Students will become familiar with the types of planning controls
and their relationship to environmental controls and other controls over the use
and development of land; the appeals system and the legal effects of planning.
The controls studied include State government planning policies, planning
schemes, special planning orders and subdivision controls.
Staff: Mr MD Stokes
Unit weight: 12.5%
Teaching: 2x50-min lectures weekly, 50-min tutorial fortnightly
Assess: 3-hour exam (80%), 1,500 to 2,000-word seminar paper (20%)
Recommended reading:
Archer, Annotated Land Use Planning and Approvals Act 1993, and Annotated
Resource Management and Planning Appeal Tribunal Act 1993.
Courses: L3B L3D L3E L3F L3G L3K
Advanced Administrative Law
Enrolment code: BLA642
Offered: Not offered in 2001
Unit details (Course and Unit Handbook 2002)
16
Unit description: Explores in greater depth the principles examined in
BLA203 and considers important aspects of review of administrative action not
covered in that unit. Alternative extrajudicial review systems, including
Ombudsmen, independent appeal tribunals and internal review systems are
examined as well as the Federal and State systems of review which are studied
in some detail – especially freedom of information legislation. Topics may
include subordinate legislation dealing with corruption, and administrative
remedies.
Staff: Mr RD Snell
Unit weight: 12.5%
Teaching: 5x50-min workshops fortnightly
Prereq: BLA203
Assess: major assignment of 3,000-5,000 words (60%), 2 minor 750-word
assignments (40%)
Recommended reading:
Douglas R and Jones M, Administrative Law, Commentary and Materials, 3rd edn,
Federation Press, 1999
Katzen H and Douglas R, Administrative Law, Butterworths Tutorial Series,
1999
Streets S, Administrative Law, 2nd edn, Butterworths Casebook Companions,
2000
Courses: L3B L3D L3E L3F L3G L3K
Conciliation and Arbitration Law
Enrolment code: BLA643
Offered: Not offered in 2001
Unit description: For details of this unit, contact the Law School.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Advanced Constitutional Law
Enrolment code: BLA644
Offered: Not offered in 2001
Unit description: Falls into three parts. The first familiarises students with the
scope of the important Commonwealth powers including the trade and
commerce power, the corporations power, the external affairs power and the
defence power. The second part gives students an understanding of the extent
Unit details (Course and Unit Handbook 2002)
17
of protection given to civil and political rights by the Australian Constitution.
These include express rights: trial by jury, freedom of religion, acquisition on
just terms, and the right to vote; and implied rights: freedom of political speech
and assembly, freedom of movement, and equality in application of federal law.
The third part gives students an understanding of the nature of the Australian
monarchy and the changes necessary to make Australia a republic.
Staff: Mr MD Stokes
Unit weight: 12.5%
Teaching: 5x50-min lectures fortnightly
Prereq: BLA203
Assess: 5,000-word research paper (100%)
Courses: L3B L3D L3E L3F L3G L3K
Environmental Law
Enrolment code: BLA645
Offered: Hbt, sem 2
Unit description: Considers environmental regulation and legislative
responses to environmental management in Australia, and in particular in
Tasmania. The unit examines control over pollution and environmentally
harmful aspects of permitted activities, corporate responses to environmental
law, and the impact of international law on environmental law in Australia.
Staff: Mr K Mfodwo
Unit weight: 12.5%
Teaching: 3x50-min lectures weekly, 50-min tutorial fortnightly
Assess: open-book exam (50%), essay (40%), reviews of selected literature (10%)
Required texts, etc:
Bates G and Lipmann Z, Corporate Liability for Pollution, ISBN 0455216118
Environmental Defenders Office (EDO), The Environmental Law Handbook, ISBN
0646372017
Courses: L3B L3D L3E L3F L3G L3K
Employment Law
Enrolment code: BLA646
Offered: Not offered in 2001
Unit description: Provides an overview of the law governing the relationship
between employer and employee. Topics to be considered include the common
law and statutory regimes with respect to contracts of employment, the impact
of anti-discrimination legislation on the employer-employee relationship, the
new statutory regime in respect of enterprise bargaining and statutory
Unit details (Course and Unit Handbook 2002)
18
provisions governing occupational health and safety and worker’s
compensation. Students will be encouraged to consider the legal regime
governing employment from a social as well as a doctrinal perspective. They
will be expected to develop an understanding of the impact of legal regulation
of the employer-employee relationship upon the power relationships involved
and to consider the social purposes embodied in the various legislative regimes
impacting upon the relationship between employer and employee.
Unit weight: 12.5%
Teaching: tba
Assess: tba
Required texts, etc:
Wallace-Bruce, Outline of Employment Law, ISBN 0409314323
Recommended reading:
Macken, McCarry and Sappideen, The Law of Employment, ISBN o455214549
Creighton and Stewart, Labour Law: An Introduction, ISBN 1862872317
Courses: L3B L3D L3E L3F L3G L3K
Trade Union Law
Enrolment code: BLA647
Offered: Not offered in 2001
Unit description: Gives students an overview of the law dealing with trade
unions and their place within the Australian industrial relations system and in
the international context. Topics to be considered include registration and legal
status, regulation of the internal affairs of trade unions, trade union security,
the rights of individuals vis a vis the union, trade union structure, and
regulation of industrial conflict. Whilst the primary focus will be on the federal
position, consideration will also be given to the law at the State level where
appropriate. Students will be encouraged to critically evaluate the role of the
law in the regulation of trade unions, particularly in the area of legal regulation
of industrial action. Students will also be given an understanding of the
dynamic nature of labour relations, influenced by political, economic and social
forces and the implication this has for the law in this area. Other underlying
themes include the limits of the law in industrial relations and the movement
towards deregulation.
Staff: Assoc Prof MFA Otlowski
Unit weight: 12.5%
Teaching: 2x50-min lectures weekly, additional 50-min lecture/seminar
fortnightly
Prereq: a knowledge of employment law is desirable
Assess: 3-hr open-book exam (100%)
Required texts, etc:
Unit details (Course and Unit Handbook 2002)
19
Creighton and Stewart, Labour Law: An Introduction, ISBN 1862872317
Courses: L3B L3D L3E L3F L3G L3K
Advanced Criminal Law
Enrolment code: BLA648
Offered: Not offered in 2001
Unit description: Seeks: (a) to develop a sound understanding of some of the
more complex issues in criminal law; (b) to build on problem solving skills; (c)
to stimulate an understanding of the role and limits of the criminal law by
studying a subject area or areas where the need to criminalise is questioned;
and (d) to stimulate an understanding of the way in which the social context
influences changes in the criminal law. Topics include: the law of homicide,
mental disorder and criminal responsibility; accessorial liability; consent and
the criminal law; abortion and defences for victims of domestic violence; and an
advanced study of chosen topics in the criminal law.
Staff: Mr JB Blackwood (Coordinator), Prof CA Warner
Unit weight: 12.5%
Teaching: 100-min lecture weekly, 50-min seminar fortnightly
Prereq: BLA202
Assess: 2-hr open-book exam (50%), seminar performance (including briefing
note) (40%), attendance (10%)
Required texts, etc:
Blackwood J and Warner K, Tasmanian Criminal Law: Text and Cases, ISBN
085901701X (vol 1), 0859017028 (vol 2)
Courses: L3B L3D L3E L3F L3G L3K
Welfare Law
Enrolment code: BLA649
Offered: Not offered in 2001
Unit description: Considers the development and implementation of welfare
policy, with a detailed consideration of the law and practices within the social
security system. A detailed examination of the law relating to income support
systems is given, including entitlement for the aged, the disabled, the family
(widows, single parents and children), and the unemployed. The Federal
repatriation system is also considered. The course concludes with an
examination of review and appeal mechanisms.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Unit details (Course and Unit Handbook 2002)
Courses:
20
L3B L3D L3E L3F L3G L3K
Anti-discrimination Law
Enrolment code: BLA651
Offered: Not offered in 2001
Unit description: For details of this unit, contact the Law School.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Media Law
Enrolment code: BLA652
Offered: Hbt, sem 1
Unit description: Investigates the common law and statutory controls over
mass media and telecommunications in Australia. The unit examines legal and
economic aspects of the regulatory regimes which apply to telecommunications
and the electronic media, including issues of licensing, ownership and control.
Legal controls on the content of media, including those imposed by the laws of
defamation and contempt, vilification, blasphemy and obscenity are also
examined. The unit also looks at journalists’ copyright and copyright in
transmission/broadcasts.
Staff: Mr RD Snell
Unit weight: 12.5%
Teaching: 110-min seminar weekly, 50-min tutorial fortnightly
Assess: 3x1,500-word assignments
Required texts, etc:
Butler and Roderick, Media Law, LBC, 1999
Recommended reading:
Pearson M, the Journalist’s Guide to Media Law, 1998
Armstrong, Lindsay and Watterson, Media Law in Australia, 3rd edn, 1995
Majors: Journalism and Media Studies
Courses: L3B L3D L3E L3F L3G L3K R3A
Commercial Law
Enrolment code: BLA661
Unit details (Course and Unit Handbook 2002)
21
Offered: Hbt, sem 2
Unit description: Addresses the ways in which the legislature has attempted
to ameliorate the harshness or inappropriateness of the common law principles
of contract in commercial transactions. In particular, the unit focuses on the
ways in which these legislative reforms have been a response to the political
demands of consumerism. The unit raises students’ awareness of major areas of
the substantive law affecting commercial practice and consumer protection;
encourages students to think critically about the law relating to commercial
practice and consumer protection; and develops students’ ability to resolve
legal problems which may simultaneously involve several areas of substantive
law.
Staff: Ms S Hardy
Unit weight: 12.5%
Teaching: 110-min seminar weekly, 50-min seminar fortnightly
Assess: tba
Required texts, etc:
tba
Courses: L3B L3D L3E L3F L3G L3K
Tax 1
Enrolment code: BLA662
Offered: Hbt, sem 1
Special note: prereq for enrolment in BLA671 Tax 2
Unit description: Involves the study of the taxation of income under the
Income Tax Assessment Acts. The unit provides an understanding of the
assessment of income tax adequate for those not planning on specialising in
income tax practice. The unit is divided into the following parts: the concepts of
assessable income (including the taxation of capital gains); allowable
deductions; the taxation of tax entities; tax avoidance; tax planning; and tax
administration.
Staff: Mr G Dal Pont
Unit weight: 12.5%
Teaching: 120-min lecture weekly
Prereq: completion of all first-year core units
Assess: 3-hr exam (100%)
Required texts, etc:
Australian Income Tax Assessment Act 1936,
Australian Income Tax Assessment Act 1997,
Either Woellner RH et al, Australian Taxation Law, CCH, (latest edn),
or Lehmann G and Coleman C, Taxation Law in Australia, LBC, (latest edn).
Courses: L3B L3D L3E L3F L3G L3K
Unit details (Course and Unit Handbook 2002)
22
International Trade
Enrolment code: BLA663
Offered: Hbt, s-sch
Special note: may not be offered in 2001
Unit description: Deals with the principal legal issues relating to purchase
and sale of goods and services between countries. The international trading
structure of the last 50 years is analysed, including GATT and WTO. Particular
attention is paid to Australia’s interests in international trade, including APEC.
Unit weight: 12.5%
Teaching: tba
Assess: tba
Courses: L3B L3D L3E L3F L3G L3K
Intellectual Property
Enrolment code: BLA664
Offered: Hbt, sem 2
Unit description: Provides an overview of the major forms of intellectual
property protection. The unit covers the statutory systems of copyright,
designs, trade marks and patents as well as related areas including protection of
trade secrets by the action for breach of confidence, passing off and the
protection provided by the Trade Practices Act and the Fair Trading Act.
Staff: Mr M Stokes
Unit weight: 12.5%
Teaching: 110-min seminar weekly, 50-min tutorial fortnightly
Assess: tba
Required texts, etc:
tba
Courses: L3B L3D L3E L3F L3G L3K
Internal Company Structure
Enrolment code: BLA665
Offered: Hbt, sem 2
Unit description: Examines corporate liability as well as the methods by
which a company may raise finance. Corporate control transactions and
Unit details (Course and Unit Handbook 2002)
23
external administration are also featured. Students are expected to develop an
understanding of the legislation and judicial decisions surrounding these issues
in addition to an appreciation of the policy objectives. Possible reforms are also
analysed.
Staff: Mr K Mfodwo
Unit weight: 12.5%
Teaching: 3x50-min lectures weekly, 50-min tutorial fortnightly
Assess: 3-hr open-book exam (100%)
Required texts, etc:
Ford’s Principles of Corporations Law, ISBN 0409315664
Recommended reading:
Baxt R, Fletcher K and Fridman S, Afterman and Baxt’s cases and materials on
corporations and associations, ISBN 0409314315
Courses: L3B L3D L3E L3F L3G L3K
Trade Practices Law
Enrolment code: BLA666
Offered: Hbt, sem 1
Unit description: Inquires into the theoretical and practical aspects of
governmental intervention of commerce. The particular emphasis is on the
regulation of anti-competitive behaviour as determined by Part IV of the Trade
Practices Act 1974 (Cwlth). The lectures touch upon the philosophical,
economic and legal difficulties that arise during the investigation of
anti-competitive arrangements. Part IV of the Act is examined in light of recent
decisions and possible legislative change.
Staff: Mr LD Griggs
Unit weight: 12.5%
Teaching: 5x50-min seminars fortnightly
Assess: tba
Required texts, etc:
Trade Practices Act 1974 (Cwlth)
Courses: L3B L3D L3E L3F L3G L3K
Law and Finance
Enrolment code: BLA667
Offered: Not offered in 2001
Unit description: Covers the law relating to obtaining and securing
commercial finance and the enforcement of securities. It will include
consideration of the characteristics of the various trading entities (with
particular reference to trading trusts), contracts of guarantee, common forms of
Unit details (Course and Unit Handbook 2002)
24
securities, including the mortgages of realty, chattel mortgages, debentures and
liens, priorities and current topics
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam <bi>or<biz> 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Personal and Corporate Solvency
Enrolment code: BLA668
Offered: Not offered in 2001
Unit description: Provides an overview of the legal principles applicable to
personal and corporate insolvency; an understanding of the process by which
individuals can declare themselves bankrupt; an understanding of the means
by which a creditor can force someone bankrupt; the options available to a
company in financial difficulties and the advantages and disadvantages of each;
the means by which the estate of an insolvent person can be enlarged; the
manner in which an individual is discharged from bankruptcy. Besides the
consideration given to the technical rules associated with these issues the unit
looks at the operation of the present legal framework and theoretical
justification for the present law and the public purposes it is intended to serve.
Staff: Mr LD Griggs
Unit weight: 12.5%
Teaching: 5x50-min seminars fortnightly
Assess: tba
Required texts, etc:
Australian Bankruptcy Act 1966.
Corporations Law.
Courses: L3B L3D L3E L3F L3G L3K
Consumer Protection
Enrolment code: BLA669
Offered: Not offered in 2001
Unit description: Studies the problems of consumer protection from legal,
social and business perspectives. (1) Nature of consumerism, the relation
between consumer interests, market policy and trade regulation. (2) Disclosure
of information, including misrepresentation, misleading advertising under the
common law and State and Commonwealth legislation. (3) Marketing abuses,
including referral selling, pyramid selling, mock auctions, inertial selling, bail
and switch promotions, and door to door selling. (4) Dangerous and defective
Unit details (Course and Unit Handbook 2002)
25
products including rights and remedies at common law, under State legislation,
and the Commonwealth Trade Practices Act. (5) Administrative Regulation of
Consumer Transactions, including a consideration of the role of the Director of
Consumer Affairs, the Motor Car Traders Committee and other bodies. (6)
Criminal liability of Traders. (7) Access to Justice. A study of the courts and
tribunals available for consumer redress including the Small Claims Tribunal
and the Market Court.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Information Technology Law
Enrolment code: BLA670
Offered: Hbt, sem 1; Ltn, sem 1
Unit description: Provides an overview of the legal issues concerned with the
internet structure and governance, sources of legal material over the internet,
intellectual property and copyright of electronic material, current developments
in regulation and self-regulation of transmission over the internet, trademarks
and patenting of electronic artefacts, privacy, security and encryption
standards, digital signatures, establishing contracts over the internet, current
technological issues including digital cash, smart cards and electronic
commerce.
Staff: Ms S Larsen
Unit weight: 12.5%
Teaching: tba
Prereq: C3S: BSA101
Assess: tba
Required texts, etc:
tba
Courses: C3C C3S L3B L3D L3E L3F L3G L3K
Tax 2
Enrolment code: BLA671
Offered: Not offered in 2001
Unit description: Is for those seeking a specialist knowledge of the subject
with a view to practising as a tax specialist. The topics covered will vary from
year to year, but will generally include advanced capital gains, advanced
Unit details (Course and Unit Handbook 2002)
26
deductions, international tax, superannuation, and an introduction to GST. It
also includes a discussion of ethics and the tax practitioner.
Staff: Mr G Dal Pont
Unit weight: 12.5%
Teaching: 2x120-min seminars weekly (7 wks)
Prereq: BLA662
Assess: 2-hr open-book exam (60%), 2,000-word assignment (40%)
Required texts, etc:
Australian Income Tax Assessment Act 1936,
Australian Income Tax Assessment Act 1997,
Either Woellner RH et al, Australian Taxation Law, CCH, (latest edn),
or Lehmann G and Coleman C, Taxation Law in Australia, LBC, (latest edn).
Courses: L3B L3D L3E L3F L3G L3K
Regulation of Securities
Enrolment code: BLA672
Offered: Not offered in 2001
Unit description: Is concerned with the legal structure governing takeovers,
share transactions generally, and the futures market. The unit considers the
legal provisions governing activity in these fields in the commercial setting to
which they pertain. The ongoing debate on the present framework for
regulating takeover activity will be considered, as will the public policy aspects
of the laws governing the share market and the futures market.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Financial Institutions Law
Enrolment code: BLA673
Offered: Hbt, s-sch
Unit description: Examines the law and practice of domestic and international
financial institutions. Among the topics covered are: regulatory framework of
the financial industry in Australia; the securities industry; financial market
instruments and other facilities such as cards and electronic funds transfers;
financial institution-customer relationships; the law of negotiable instruments;
cheques and payment orders; lending and security; and international financial
institution arrangements such as letters of credit.
Unit details (Course and Unit Handbook 2002)
27
Unit weight: 12.5%
Teaching: 5x2-hr lectures/seminars weekly (3 wks)
Assess: 3-hr exam or 5,000-word assignment (100%)
Required texts, etc:
tba
Courses: L3B L3D L3E L3F L3G L3K
Family 1 – the Family and the Child
Enrolment code: BLA681
Offered: Hbt, sem 1
Special note: may not be offered in 2001
Unit description: Gives students an understanding of the family as both a
legal and social institution and of the legal relationships arising out of the
family (with the exception of financial relationships which are dealt with in
BLA682 Family 2 – Financial Aspects of Family Law). The concept of ‘family’ will
be examined in its wider social context with particular emphasis being given to
the changing nature of family patterns. Topics covered in this unit include
marriage, nullity, and dissolution of marriage; the role and operation of the
Family Court; methods of dispute resolution in family law; children’s rights
(particularly vis a vis their parents); principles of child placement on the
breakdown of the parent’s relationship; adoption, artificial conception and
domestic violence. Students will be encouraged to consider the application of
family law from a broad perspective including consideration of relevant policy
issues. Students will also be given an understanding of the changing nature of
the law in this area with particular attention being given to areas of family law
that have recently undergone reform as well as other areas where reform may
be desirable. The unit also imparts some practical skills including a component
on mediation and its application in family law.
Staff: Assoc Prof MFA Otlowski
Unit weight: 12.5%
Teaching: 3x50-min lectures weekly
Assess: 3-hr open-book exam (100%)
Required texts, etc:
Finlay, Bailey-Harris and Otlowski, Family Law in Australia, ISBN 0409310573
Recommended reading:
Parker, Parkinson and Behrens, Australian Family Law in Context: Commentary
and Materials, ISBN 0455216207
Dickey, Family Law, ISBN 0455214476
Courses: L3B L3D L3E L3F L3G L3K
Family 2 – Financial Aspects of Family Law
Unit details (Course and Unit Handbook 2002)
28
Enrolment code: BLA682
Offered: Not offered in 2001
Unit description: Gives students an understanding of the financial aspects of
family law. Topics covered include the areas of maintenance, property division
and financial agreements. The position of both married couples within the
jurisdiction of the Family Law Act 1975 (Cwlth) and de facto couples (presently
falling within State jurisdiction) will be considered and contrasted with a view
to highlighting the differences in the present law regulating the financial
aspects of these relationships. Students will be encouraged to examine the
underlying policy issues in this area, particularly with regard to the approach
of the law to parties in unformalised relationships. Students will also be
required to consider the application of the law in its wider socio-economic
context, particularly in relation to the unequal economic effects of family
breakdown upon men and women. The changing nature of the law in this area
will be emphasised with special consideration being given to proposed reforms
with respect to both married and unmarried couples.
Staff: Assoc Prof MFA Otlowski
Unit weight: 12.5%
Teaching: 3x50-min lectures weekly
Prereq: BLA681 is desirable
Assess: 3-hr open-book exam (100%)
Required texts, etc:
Finlay, Bailey-Harris and Otlowski, Family Law in Australia, ISBN 0409310573
Recommended reading:
Parker, Parkinson and Behrens, Australian Family Law in Context: Commentary
and Materials, ISBN 0455216207
Dickey, Family Law, ISBN 0455214476
Courses: L3B L3D L3E L3F L3G L3K
Succession
Enrolment code: BLA683
Offered: Hbt, sem 2
Unit description: Gives a general coverage of the law relating to succession to
property on death. Topics include: the law relating to intestacy; the execution,
revocation, alteration and republication of wills; the legal and equitable
doctrines relating to testamentary gifts; the powers, duties and liabilities of
executors and administrators; the general administration of estates including
different types of grants; and family provision.
Staff: Mr KF Mackie
Unit details (Course and Unit Handbook 2002)
29
Unit weight: 12.5%
Teaching: 5x50-min lectures fortnightly
Assess: 3-hr exam (100%)
Required texts, etc:
Mackie K and Burton M, Outline of Succession, 2nd edn, Butterworths, 2000
Atherton R and Vines P, Australian Succession Law: Commentary and
Materials, Butterworths, 1996.
Courses: L3B L3D L3E L3F L3G L3K
Conflicts (Private International Law)
Enrolment code: BLA684
Offered: Hbt, sem 1
Unit description: Conflicts, also known as Private International Law, looks at
the unique legal problems that arise when a court must decide a case which
involves an element of foreign law. The foreign element may arise either out of
a connection with a different country, ie another sovereign state, or it may arise
out of a dispute which crosses state boundaries within a federation. The main
objectives of this unit are to give students an appreciation of the theory of
international conflicts law and a sound practical understanding of the
techniques involved in resolving problem cases that arise in private
international law, both in Australian and international courts. The unit content
focuses on the four main issues that arise out of the necessity for interaction
between different legal systems. They involve arguments about: the factors
connecting a case to the law of another state; whether the court has jurisdiction
and whether the court is an appropriate forum to hear a case; the choice of the
proper law to apply in cases of contract, tort, property and family law; and the
recognition and enforcement of foreign judgements.
Staff: Mr KF Mackie, Mrs J Davis
Unit weight: 12.5%
Teaching: 5x50-min lectures fortnightly
Assess: assignment (40%), 2-hr open-book exam (60%)
Required texts, etc:
Davies M, Ricketson S, Lindell G, Conflict of Laws: Commentary and
Materials, ISBN 0409307599
Courses: L3B L3D L3E L3F L3G L3K
Information Law
Enrolment code: BLA685
Offered: Not offered in 2001
Unit details (Course and Unit Handbook 2002)
30
Unit description: Considers the following topics: logical structures; computers
and crime; computers and evidence; legal information retrieval; privacy and
freedom of information; intellectual property; land titles and land information
systems; computer contracts; expert systems in law; and torts involving
computers and information.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Landlord and Tenant
Enrolment code: BLA687
Offered: Not offered in 2001
Unit description: Is concerned with the rights and obligations of residential
landlords and tenants. The main emphasis will be on the problems of poor
tenants. The landlord-tenant relationship will be seen as an aspect of housing.
Topics include problems of security deposits, rent obligations, rent increases,
habitability and repair of rented premises, privacy and harassment of tenants,
the tenant’s abandonment of the premises, assignments and subleases, notices
to vacate, eviction by tribunal process and security of tenure.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Sentencing
Enrolment code: BLA688
Offered: Hbt, sem 2
Unit description: Seeks: (a) an understanding of the growing statute and
common law relating to the sentencing of offenders; and the range, nature and
efficacy of sentencing options; and (b) to evaluate critically sentencing law, the
role of the judiciary and criminal justice policy. The unit studies the law and
practice in Tasmania governing the sentencing of offenders, including: the
general sentencing principles enunciated by the courts; procedures at the
sentencing stage of a criminal trial or hearing; mechanisms of appellate review;
the sentencing options available to the courts and sentencing practice and
policy in relation to some common offences. Current developments in
sentencing and sentencing reform are also studied.
Unit details (Course and Unit Handbook 2002)
31
Staff: Prof CA Warner
Unit weight: 12.5%
Teaching: 2x50-min lectures weekly (13 wks), 50-min tutorial fortnightly
Assess: 2-hr exam (80%), oral presentation (20%)
Required texts, etc:
Warner K, Sentencing Law in Tasmania, ISBN 1862870373
Sentencing Act 1997
Juvenile Justice Act 1997
Corrections Act, 1997
Courses: L3B L3D L3E L3F L3G L3K
Compensation Law
Enrolment code: BLA689
Offered: Not offered in 2001
Unit description: Consists of two parts. Part 1 comprises an examination of
the general principles underlying Worker’s Compensation in Australia with
particular emphasis on the provisions of the Worker’s Compensation Act
1927 (Tas). Part 2 deals with more general matters of compensation theory and
practice, including road accident compensation, criminal injuries compensation,
and proposals for national compensation schemes.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Restitution
Enrolment code: BLA691
Offered: Not offered in 2001
Unit description: For details of this unit, contact the Law School
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Elective 1 (Jessup Moot)
Unit details (Course and Unit Handbook 2002)
Enrolment code: BLA692
Offered: Hbt, s-sch
Unit description: Is directed towards the preparation of a University team to
participate in the Philip C Jessup International Law Moot Court Competition.
Participation is limited to between 3 and 5 students and is by invitation only.
The unit involves participating in the Australian rounds of the Jessup in
Canberra, held in February each year.
Staff: Dr S Kaye
Unit weight: 12.5%
Teaching: no formal classes, but students are expected to work over the
summer under the supervision of staff
Prereq: BLA631, BLA635 is desirable
Assess: moot participation (100%)
Courses: L3B L3D L3E L3F L3G L3K
Elective 2 (Supervised Research)
Enrolment code: BLA693
Offered: Hbt, sem 1/sem 2/
Unit description: Allows students to undertake a sustained piece of research
under the supervision of a member of staff. There are no classes as such;
teaching takes place through the interaction between the student and staff
member. Students select their own research topics in consultation with, and
subject to the approval of, a staff member. The research may be on any topic
subject to approval. The work must be completed during one semester.
Staff: by arrangement between student and staff
Unit weight: 12.5%
Teaching: consultation between student and staff member
Mutual excl: BLA699 Elective 3 (Supervised Research)
Assess: 7,000 to 10,000-word research project
Courses: L3B L3D L3E L3F L3G L3K
Clinical Legal Education
Enrolment code: BLA694
Offered: Not offered in 2001
Unit description: For details of this unit, contact the Law School.
Unit weight: 12.5%
32
Unit details (Course and Unit Handbook 2002)
33
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr exam or 5,000-word assignment (100%)
Courses: L3B L3D L3E L3F L3G L3K
Law and Ethics of Health Care
Enrolment code: BLA695
Offered: Hbt, sem 2
Unit description: Is a unit not ‘in’ but ‘about’ law. It examines the relationship
of law and ethics to the delivery of health care. Studies cover: the major areas of
law relevant to the delivery of health services; the consideration of the policy
issues underlining delivery of health services; the consideration of the ethical
issues involved in the delivery of health services; the consideration of the major
areas of law relevant to the practice of medicine; case studies of some of the
major issues in bioethics debates.
Unit weight: 12.5%
Teaching: 5x50-min lectures/seminars/tutorials fortnightly
Assess: 3-hr open-book exam
Courses: L3B L3D L3E L3F L3G L3K
Professional Conduct
Enrolment code: BLA696
Offered: Hbt, sem 1
Unit description: Conveys to students the onerous responsibilities that are
cast on lawyers by virtue of their position and role in society. The unit deals
with the lawyer’s duty to her or his clients, to the administration of justice, and
to the community as a whole. It also addresses issues relating to lawyers’ costs
and lawyers’ discipline.
Staff: Mr G Dal Pont (Coordinator)
Unit weight: 12.5%
Teaching: 120-min seminar weekly
Prereq: completion of first-year core units
Mutual excl: BLA302 Lawyers and Legal Institutions
Assess: 3-hr exam (100%)
Required texts, etc:
Dal Pont G, Lawyers’ Professional Responsibility in Australia and New Zealand, 2nd
edn, LBC, Syd, 2001
Legal Profession Act 1993 (Tas)
Rules of Practice 1994 (Tas)
Law Council of Australia, Model Rules of Professional Conduct and Practice.
Unit details (Course and Unit Handbook 2002)
Courses:
34
L3B L3D L3E L3F L3G L3K
Remedies
Enrolment code: BLA697
Offered: Not offered in 2001
Unit description: Imparts a knowledge and critical appreciation of the major
remedies of Australian law. This is achieved by studying available remedies
both by reference to their source and in the context of the goals of remedial law.
The unit builds on other units, especially BLA200, BLA201, BLA401, and
BLA303, and assumes that students are familiar with the law covered in these
units.
Staff: Mr PW Tree, Dr S Kaye
Unit weight: 12.5%
Teaching: 2x50-min lectures weekly
Assess: tba
Required texts, etc:
Covell and Lupton, Principles of Remedies, ISBN 0409307777
Courses: L3B L3D L3E L3F L3G L3K
Heritage Law
Enrolment code: BLA698
Offered: Not offered in 2001
Unit description: Heritage law is a specialised area of environmental law
dealing with the identification and protection of Australia’s historic cultural
heritage, Aboriginal cultural heritage and natural heritage – also known as ‘the
national estate’. The existing framework of heritage protection instruments
begins at the international level, with treaties such as the World Heritage
Convention. Students are equipped with a thorough understanding of this
framework, from the international to Commonwealth and (Tasmanian) State
levels, and with its operation in external territories such as the Australian
Antarctic Territory. Comparative reference is made, where appropriate, to the
laws of other Australian States and Territories and to other countries. The main
focus of the course however is on Tasmania. The Tasmanian Historic Cultural
Heritage Act 1995 is examined in detail, as is Aboriginal cultural and natural
area protection legislation, together with relevant case law, and conservation
practice and management issues related to the subject. This is a rapidly
developing and relatively contentious area of the law, dealing as it does with
cross-cultural, land-management, constitutional, planning and political issues,
and with the protection of places and items as diverse as historic buildings,
shipwrecks, aboriginal sites and the habitat of endangered species.
Unit details (Course and Unit Handbook 2002)
35
Staff: Ms J Mora, Mr P James
Unit weight: 12.5%
Teaching: tba
Assess: 5,000-word assignment (100%)
Required texts, etc:
Heritage Law, course outline and materials
Recommended reading:
James P, and Mora J, Tasmanian Mosaic; The Conservation of the National Estate in
Tasmania, ISBN 0646388983
Planning Law in Australia, Heritage Chapter, LBC information Services, ISBN
0455214964
Courses: L3B L3D L3E L3F L3G L3K
Elective 3 (Supervised Research)
Enrolment code: BLA699
Offered: Hbt, sem 1&2
Unit description: Allows students to undertake a sustained piece of research
under the supervision of a member of staff. There are no classes as such;
teaching takes place through the interaction between the student and staff
member. Students select their own research topics in consultation with, and
subject to the approval of, a staff member. The research may be on any topic
subject to approval. The work must be completed over two semesters.
Staff: by arrangement between student and staff
Unit weight: 25%
Teaching: consultation between student and staff member
Mutual excl: BLA693 Elective 2 (Supervised Research)
Assess: 15,000 to 16,000-word research project
Courses: L3B L3D L3E L3F L3G L3K