ALTERNATIVE
FACULTY
HANDBOOK
2007 Semester 1 Edition
Editor: Rebecca Heath
A special thanks to Paul Walker, James Harris, Tristan
Boyd, Meagan Hemsley, Clare Lake, Marilyn Bromberg and
Bess Noonan for their assistance.
TABLE OF CONTENTS
FIRST YEAR (SEMESTER 1) COMPULSORY UNITS
LEGAL PROCESS ……………………………………………………………1
CRIMINAL LAW 1 …………………………………………………………...3
SECOND YEAR (SEMESTER 1) COMPULSORY UNITS
CONTRACT 1 …………………………………………………………………5
TORTS 1 ……………………………………………………………………….7
THIRD YEAR (SEMESTER 1) COMPULSORY UNITS
CONSTITUTIONAL LAW 1………………………………………………….9
EQUITY ……………………..……………………………………………….11
PROPERTY LAW 1…………………………………………………………..13
FOURTH YEAR (SEMESTER 1) COMPULSORY UNITS
ADMINISTRATIVE LAW 1…………………………………………………15
CORPORATIONS LAW……………………………………………………...17
FINAL YEAR COMPULSORY UNITS
COMMERCIAL PRACTICE, CONVEYANCING AND DRAFTING……...19
PROCEDURE…………………………………………………………………21
SEMESTER 1 ELECTIVES
ALTERNATIVE DISPUTE RESOLUTION…………………………………24
BANKING LAW…………………………………………………………...…25
CONSUMER LAW…………………………………………………………...27
CRIMINAL PROCEDURE: THE TRIAL PROCESS………………………..29
CRIMINOLOGY 1……………………………………………………………31
CURRENT ISSUES IN CONSUMER LAW AND POLICY………………..33
EMPLOYMENT LAW……………………………………………………….35
ENVIRONMENTAL LAW…………………………………………………..37
HUMAN RIGHTS AND EQUAL OPPORTUNITY LAW…………………..39
INCOME TAXATION LAW…………………………………………………41
INDIGENOUS PEOPLE AND THE LAW………………………………..…43
INTERNATIONAL TRADE LAW…………………………………………..46
INTRODUCTION TO FAMILY LAW ……………………………………...48
INTRODUCTION TO INTELLECTUAL PROPERTY……………………..50
LAW REVIEW……………………………………………………………….52
NEGOTIATION AND MEDIATION………………………………………..53
REMEDIES…………………………………………………………………...55
FIRST YEAR COMPULSORY UNITS
LEGAL PROCESS
Unit Coordinator: Peter Handford.
Lectures/Tutors: Peter Hanford, Sarah Murray, Tracey Summerfield.
Overview
Legal Process is a unit which introduces students to many of the fundamental concepts and
features of law and legal practice. It aims to provide students with: an understanding of the
development of the common law and equity in England and its reception in Australia; an
introduction to case law and statutory interpretation, as well as a myriad of analytical and
writing skills essential to further studies in law. While some students questioned the relevance
of the history component and found the content dry, most admitted that it was an essential
foundation for the future of their law degree.
Students Surveyed: 40.
Assessment
3.8
3.3
Resources
4.3
Std teaching - Sarah
Std teaching - Tracy
3.5
Std teaching - Peter
3.5
2.2
Enjoyment
Difficulty
3.3
3.2
Unit Structure
3.6
Workload
0
1
2
3
4
5
Timetabling issues
Lectures on Friday were unpopular.
Online and in-class resources
Students felt that this unit had good online support, and were pleased that lectures were
recorded.
Assessment
Assessment consisted of 4 quizzes, which were regarded as relatively easy marks. There was
also a written assignment and an end-of-semester examination.
1
Textbook and other resources
Students recommended Cook et al; Laying Down the Law, and also felt the materials provided
were useful.
Study Strategies
Students recommended:
- Starting early and making concise notes;
- Doing all the reading;
- Keeping up with the readings; and
- Doing small-group work.
Student comments
‘The library activities were great.’
‘The course is monotonous, but I don’t see how it could be improved.’
‘An essential introduction into the Australian legal system.’
‘The relevance of the history component needs to be made clearer.’
‘I found the unit to be very helpful in building some core skills needed to complete my law
degree.’
‘Do all the reading – law is all about reading.’
‘It was sometimes hard to understand what outcomes the lecturers were expecting us to take
away.’
Peter Responds: Daniel Stepniak is taking over as unit coordinator of Legal Process in 2008
and there will be some changes from 2007.
2
CRIMINAL LAW 1
Unit Coordinator – Neil Morgan.
Lecturers/Tutors - Neil Morgan, Christian Porter, Catherine Fletcher, Graham Pidco.
Overview
This unit provides an introduction to the WA criminal justice system and the factors that
influence its development. It examines in detail a number of offences including homicide,
offences against the person, sexual offences, and property offences.
The unit was well planned and structured, with an acceptable workload. The lectures were
regarded as both informative and entertaining, and the tutorials invaluable in learning how to
answer problem style questions. Students would have liked more regular tutorials and a
second assignment to let them practice their legal writing skills; but generally found the unit
extremely enjoyable.
Students Surveyed: 121.
3.5
Assessment
3.3
Resources
Std teaching - Graham
3.4
2.7
Std teaching - Catherine
3.9
Std teaching - Christian
4.7
Std teaching - Neil
4.3
Enjoyment
3.4
Difficulty
3.9
Unit Structure
3.2
Workload
0
1
2
3
4
5
Timetabling issues
The lectures and tutorials ran according to schedule, however students did not like having two
lectures on the same day, four hours apart.
Online and in-class resources
Students found the lecture website difficult to navigate and would have preferred for it to be
run via Webct6.
The lecture handouts were regarded as good, and the lecture slides were available on the web.
Students would have liked the lecture outlines available before the lecture.
3
Assessment
Assessment consisted of a 30% assignment and a 70% final exam. Students felt that as a first
year unit, there should have been a second assignment to give students a chance to understand
the expectations of their lecturers, and to reduce the weighting of the final exam.
Textbook and other resources
Students recommended the prescribed texts, as well as the Butterworths student companion.
Study Strategies
Students recommended:
- Talking it through with other students – study groups are a great idea;
- Preparing for tutorials;
- Going to tutorials and taking notes;
- Reading the cases and making case summaries as you go; and
- Keeping up to date.
Student Comments
‘Christian Porter and Neil Morgan were both great – really interesting.’
‘Neil Morgan has a great sense of humour.’
‘Interesting, informative, well structured.’
‘As a first year unit, there should be two assignments – to allow students to have a “practice”
and to lessen the weighting of the exam.’
‘The lectures were interesting, and the tutorials were really helpful in exploring the issues in
depth.’
‘Christian’s slides had a bit too much info on them – they were too busy.’
‘Weekly tutes to help get problem style writing would be better than the fortnightly.’
4
SECOND YEAR COMPULSORY UNITS
CONTRACT 1
Unit Coordinator: Robyn Carroll.
Lecturers/Tutors: Robyn Carroll, John Tarrant, Aviva Freilich, Eric Heenan.
Overview
The contract units cover the fundamentals of contract law, which forms the basis of trade and
commerce; and business generally. The first semester unit focus on the formation of contracts,
in particular offer and acceptance, consideration, intention to create legal relations, privity of
contract, as well as the terms of a contract and the requirement for certainty and
completeness.
The unit was well structured and the material delivered at a good pace to facilitate
understanding. All lecturers were complimented for being approachable and producing a
positive atmosphere, and a good learning experience.
Students surveyed: 27.
3.2
Assessment
4
Resources
Std teaching - Eric
3
4.3
Std teaching - John
3.2
Std teaching - Robyn
3.6
Std teaching - Aviva
Enjoyment
3.1
Difficulty
3.1
3.4
Unit Structure
3.2
Workload
0
1
2
3
4
5
Timetabling Issues
Students warned that tutorials often went over time, so care should be taken in scheduling
these classes.
Online and in-class resources
The unit was run on Webct6, with lectures recorded, and lecture slides available.
5
The unit outline was regarded as particularly good, being easy to follow and providing a clear
indication of what students had to know. The lecturers also provided links to websites with
summaries of the law, which students found helpful as well.
Assessment
The assessment consisted of an assignment and an exam. Students thought more weighting
should be allocated to the assignment, and less on the exam.
Textbooks and other resources
Students highly recommended the texts of Paterson, J. et al. Principles of Contract Law (2nd
ed), and Paterson, J. et al. Contract Cases and Materials (10th ed).
Study Strategies
Students recommended:
- Following the unit outline;
- Reading cases;
- Reading the text; and
- Making clear summaries.
Student Comments
‘Lectures were structured well and tutorials really helped to reinforce material.’
‘I would prefer weekly tutorials rather than fortnightly, with more structured approach and a
focus on problem style answers.’
‘In regards to the workshops, learning from peers is a nice idea but at the start of semester
nobody knows much of anything, so they didn’t really work.’
‘Make sure the tutorial questions are in synch with the lectures, i.e. have the tutorial question
after we’ve done the topic in lectures.’
‘All lecturers taught at a good pace which helped facilitate better understanding.’
‘Lecturers created a friendly, positive atmosphere.’
6
TORTS 1
Unit coordinator – Doug Hodgson.
Tutors: Judy Allen, Doug Hodgson, Brenda McGivern.
Overview
Torts 1 introduces students to the law of torts as a major source of the private law of
obligations, with specific emphasis on the most important tort of all: negligence. The unit
looks at the main elements of the tort of negligence in great detail through small group
seminars, namely: existence of a duty of care; breach of the duty of care; causation;
remoteness and damage. Torts 1 also considers the defences which may be available to reduce
or eliminate a successful claim of negligence, including contributory negligence.
Of the students surveyed, some felt the unit required a reasonably high workload, but most
found the unit very engaging and highly relevant.
Students Surveyed: 50.
3.3
Assessment
2.8
Resources
Std teaching - Doug
3.9
Std teaching - Judy
4.1
Enjoyment
3.1
3.8
Difficulty
3.6
Unit Structure
4.1
Workload
0
1
2
3
4
5
Timetabling issues
Most students commented that the classes tended to go overtime on a regular basis.
Online and in-class resources
Students felt that the resources for this unit could be improved by running it through Webct6.
Many also suggested that audio recordings would be useful; though how this would work
with the small-group teaching was not made apparent.
Assessment
Students were required to complete an assignment on a legal problem, and an end-of-semester
examination.
7
Textbook and Other Resources
Luntz and Hambly – Torts Cases and Commentary was considered useful for providing case
extracts and commentary on many of the important concepts.
Some students also suggested acquiring Torts by Malkin and Davies, which they thought gave
a better summary of the important principles.
Study Strategies
Students recommended:
- Keeping up to date; and
- Preparing own summaries of the main legal principles.
Student Comments
‘Quite interesting.’
‘Classes were presented in an interesting way.’
‘[Judy Allen is a] great tutor!’
‘The exam is worth too much.’
‘Good and enjoyable unit, but difficult content at times.’
‘Change this unit to a lecture format with ilectures.’
8
THIRD YEAR COMPULSORY UNITS
CONSTITUTIONAL LAW 1
Unit Coordinator- Sarah Murray.
Lecturers/Tutors- Sarah Murray, David Ritter, Simon Young, Jim Thomson, Richard Hooker,
Mel Thomas, Hugo Leith.
Overview
Constitutional Law 1, as the name suggests, provides students with an introduction to
constitutional law in Australia, which sets the legal framework within which the
Commonwealth and States must operate. The unit deals with constitutional law at both a state
and federal level, and considers a number of conceptual issues such as the structure and
nature of federalism and representative government in Australia, and the nature of the
executive and judiciary. These issues are placed in their social and political contexts.
Constitutional Law 1 also examines a number of issues concerning the sources and limitations
on State and Commonwealth power, such as extraterritoriality, manner and form, express and
implied rights in the Constitution, and also the separation of powers.
The course was administered by fortnightly tutorials and one two-hour lecture per week.
Although many students enjoyed the diversity in the subject matter and lecturing involved in
the unit, others felt that greater structure and consistency over different lecturers and topics
was needed.
Students Surveyed: 53.
2.7
2.7
A ssessment
Reso urces
3.2
Std teaching - David
4.2
Std teaching - Richard
1.8
Std teaching - Hugo
4.3
4.1
Std teaching - M el
Std teaching - Simo n
2.1
Std teaching - Jim
4
Std teaching - Sarah
2.1
Enjo yment
4.1
Difficulty
2
Unit Structure
3.8
Wo rklo ad
0
9
1
2
3
4
5
Timetabling issues
The classes consisted of a two hour lecture weekly and a tutorial every fortnight. Students
commented that the two-hour lecture made it difficult to sustain attention, and felt they would
have found two one-hour lectures easier to manage. Lectures often went over time.
Some students also felt that the tutorials went over time regularly.
Online and in-class resources
Lectures were recorded in this unit, however not all lectures were available online.
Furthermore, given the tendency for lectures to go over time, the recording would ‘cut out’
after 45 minutes, and this made it difficult for students listening to the recordings to get the
most out of the lectures.
Assessment
Assessment consisted of one tutorial paper with a presentation (20%), attendance at tutorials
(5%) and an end of semester exam (75%).
Many students appreciated the 5% mark simply for attending tutorials.
Textbook and other resources
Each lecturer had their own synopsis/worksheet. Students would have preferred one detailed
worksheet to apply to the four different lecturers in the course.
Students found the Hanks textbook difficult to follow, but some found reading Blackshield
and Castan helpful. Students also found some of the articles for the course useful to read in
order to gain a broader understanding of the subject matter.
Study strategies
Students recommended:
- Doing the reading;
- Swapping tutorial answers;
- Attending your lecture the week before you present; and
- Using Castan and Blackshield.
Student comments
‘Sarah and Simon are model lecturers. Their part of the course is wonderful, they make
somewhat difficult issues easy to grasp and digest.’
‘Too many lecturers, so there was inconsistency with lecturers not knowing what the others
said.’
‘Mel’s tutorials were very instructive.’
‘Very diverse, interesting material, many flavours of lecturing.’
Sarah Responds: Thanks for all of your feedback on the unit. There will be some changes to
the teaching arrangements for Constitutional Law 1 in 2008. Further, following feedback
from students, the lectures are to be in 2 x 45 minute blocks rather than 1 x 150 minute block.
10
EQUITY
Unit Coordinator - Natalie Skead.
Lecturers/Tutors – Natalie Skead and Peter Creighton.
Overview
Equity is the unit in which you finally begin to understand what the beast known as ‘equity’
is, after hearing about it for so long. This compulsory unit guides students through a number
of the key concepts of this area of law, which evolved in the Chancery courts as a supplement
and alternative to the limitations of the common law.
The unit first examines the equitable doctrines of illegitimate pressure (duress), undue
influence and unconscionable dealing, and their impact upon contracts and other transactions.
Equity then looks at estoppel, breach of fiduciary duty and breach of confidence, before
dealing with a number of equitable remedies such as injunctions and specific performance.
The unit was administered through bi-weekly lectures and fortnightly tutorials. Students were
almost unanimously positive towards the teaching in this unit, and many found the subject
both engaging and interesting.
Students Surveyed: 40.
Assessment
3.6
Resources
3.9
Std teaching - Peter
4.5
Std teaching - Natalie
4.5
Enjoyment
3.8
Difficulty
3.4
Unit Structure
4.2
Workload
3.5
0
1
2
3
4
5
Timetabling issues
There were no timetabling issues mentioned in this unit.
Online and in-class resources
Lectures were recorded in this unit, which was considered a positive by many students.
Natalie Skead’s handouts were also regarded as a very useful resource.
Assessment
The assessment consisted of a one hour in class test (40%) and a one hour final exam (50%)
and tutorial participation (10%). Many students liked the one hour in class test, which
11
consisted of a case analysis. One student wrote, ‘I wish every core unit had a case analysis
exercise!’
Textbook and other resources
Students recommended the Dal Pont and Chalmers text, and considered it useful for
supplementing the material gleaned from lectures.
Most students also used and recommended the class reader.
Study strategies
Students recommended:
- Reading all cases recommended in the reader;
- Studying lots for the case assessment analysis; and
- Keeping up to date.
Student comments
‘Ms Skead is an absolute professional. Bench mark lecturer.’
‘Both lecturers were of really high quality!’
‘The standard of teaching was overall good. Clearly, Natalie and Peter know their stuff and
this can be seen through their confident lecturing and tutoring.’
‘The tutors can single people out which can make students anxious.’
‘I loved the cartoons during every class.’
‘Good unit, well explained, structured and actually interesting.’
12
PROPERTY LAW 1
Unit Coordinator – Penny Carruthers.
Lecturers – Penny Carruthers, Eileen Webb.
Overview
Property 1 introduces students to the nature of property law in Australia, and examines a
number of its core principles. Apart from a brief foray into personal property, this
compulsory unit focuses primarily on the law relating to real property (land), with an
emphasis on adverse possession, fixtures, native title, estates and interests in land, priorities
and co-ownership. Property 1 also introduces students to a number of conceptual issues
associated with property law, such as the nature of ‘property’ itself and what the term does
and does not include.
The unit was taught through a combination of lectures and fortnightly tutorials. The tutorials
were designed to enable students to apply the material gained in lectures, and were considered
extremely useful in assisting students in preparation for assignments and exams. Students
commented that the content of the course was well covered, and were overwhelmingly
positive towards the quality of lecturing and tutoring they experienced.
Students surveyed: 48.
4.1
Assessment
4
Resources
4.3
Std teaching - Eileen
Std teaching - Penny
4.4
4.5
Enjoyment
4.2
Difficulty
Unit Structure
4.7
Workload
3.7
0
1
2
3
4
5
Timetabling issues
Students stated that the tutorials typically ran five minutes over the allotted time. They also
stated that the lectures sometimes went over time.
Online and in-class resources
The online support was generally found to be good in this unit. Lectures were recorded and
all overheads were available online. Students were often provided with useful handouts that
the lecturers prepared; and commented that this enabled them to spend less time writing notes
during the class and more time concentrating on what the lecturers said.
13
Assessment
Assessment in this unit consisted of an exam (75%) and one optional and redeemable
assignment (25%).
Students generally liked that the assignment was optional and redeemable. One student wrote
that they thought that it ‘reduced stress for exams’. If students achieved a higher result on the
final exam than on the assignment, their final mark would reflect only the exam.
Some students suggested that the unit should also have a tutorial participation mark available.
Textbooks and other resources
Most students found the course reader very useful and felt the extracted cases were a very
reasonable length.
The Bradbrook text was only considered helpful in relation to some parts of the course. The
text is, however, also the recommended text for the follow-on unit, Property 2, and students
should bear this in mind when considering whether to purchase it.
Study Strategies
Students recommended:
- Preparing for tutorials;
- Attending lectures and tutorials;
- Keeping up to date; and
- Using handouts.
Student Comments
‘Penny learns everyone’s names, which is very impressive- and both [Penny and Eileen] are
interested in the students and passionate about the subject. It’s great fun.’
‘Penny is just lovely! Eileen’s lectures were very interesting, a little witty at times, too.’
‘Friendly, approachable teachers.’
‘It’s fun, interesting and wonderfully taught! I’m always anticipating the next lecture!’
14
FORTH YEAR COMPULSORY UNITS
ADMINISTRATIVE LAW 1
Coordinator – Dr Simon Young.
Lecturers and Tutors - Dr Simon Young, Richard Hooker, Maxina Martelotta
Overview
The Administrative law units examine the principles and procedures by which the decisions
of government agencies and public officials are governed and challenged. This first semester
unit focuses on the grounds of review, with a particular emphasis on procedural fairness.
The unit, once considered ‘dry’, is enlivened by the advent of ‘Simonisms’ and a balanced
lecturing approach which focuses not only on the strict law but also the underlying policy.
The clearly structured, comprehensive lectures combined with highly relevant tutorials, make
the concepts easy to digest.
The teaching of Simon Young and Richard Hooker received high accolades and the unit was
regarded by many as enjoyable.
Students Surveyed: 50.
Assessment
3.3
3.8
Resources
3.5
Std teaching - Maxine
Std teaching - Richard
4
4.3
Std teaching - Simon
3.7
Enjoyment
Difficulty
3.6
4.2
Unit Structure
3.5
Workload
0
1
2
3
4
5
Timetabling issues
It was noted that lectures and tutorials occasionally went for the whole hour.
Online and in-class resources
The unit was run on Webct6, with all handouts and notices made available and lectures
consistently recorded.
15
Assessment
The assessment consisted of an 80% exam, 10% tutorial participation and 10% online
research exercise. The exam contained 3 sections and was a mix of problems and essays. The
first question was compulsory but students were able to chose between the remaining
sections.
Some students disliked the high weighting placed on the exam, and would have preferred the
addition of an assignment. However, the tutorial participation marks were generous and the
online research exercise was regarded by many as a free 10%. A number of students
commented that the online research training was an extremely helpful, and taught valuable
research skills.
Textbooks and other resources
The prescribed textbook Creke & McMillan; Control of Government Action was regarded as a
useful text, however in light of the comprehensive lecturing style some students thought a
textbook was unnecessary. Aronson, Dyer & Groves; Judicial Review of Administrative
Action was also recommended for those interested in exploring the concepts at a deeper level,
but was considered more advanced than strictly necessary. Simon has since published his own
book co-authored with Prof Bill Lane, Administrative Law in Australia, which no doubt will
prove to be a valuable text.
Study Strategies
Students recommended:
- Taking good notes from lectures;
- Attending and participating in tutorials for sound exam preparation and an easy 10%;
- Persevering to get 100% in the research exercise;
- Paying close attention to Simon’s comments on the underlying rationales, as they
were useful in answering the exam essays; and
- Reading all the major cases mentioned in lectures and tutorials.
Student Comments
‘Simon is always very clear and repeats the important bits.’
‘Admin law – where have you been all my life?’
‘It can be a little dry at times.’
‘Both Simon and Richard are fantastic teachers – fun, entertaining and informative. You will
definitely enjoy the tutes.’
‘Exam weighting was very high, perhaps tutorial participation could be weighted more, or an
assignment could be set.’
‘The power-points could have been better arranged, as they did not always follow the
lectures. It would have been good if they also contained some of the case facts – so students
didn’t have to try and get it all down but could listen to what was said more closely.’
‘Love your lectures. You make difficult concepts seem so straightforward!’
‘Jargon is good!’
16
CORPORATIONS LAW
Unit Coordinators and Lecturers: Normann Witzleb and Barbara Gordon.
Overview
The unit provides an overview of the regulatory framework of company law and the
differences in between corporations and other business structures. Company contracting,
principles of agency, as well as directors duties and the rights of shareholders were examined
in detail.
The unit is well organized and has quite a high level of content. Whilst to some the subject
matter is a bit dry, the lecturers’ good sense of humour provides a counterbalance. Both
Normann and Barbara were regarded as friendly and helpful, and were prompt in replying to
queries.
Students surveyed: 80.
3.4
Assessment
4.2
Resources
Std teaching - Barbara
3.6
Std teaching - Normann
3.7
Enjoyment
2.8
3.7
Difficulty
3.6
Unit Structure
3.3
Workload
0
1
2
3
4
5
Timetabling Issues
Lectures generally ran according to schedule, but Normann’s tutorials occasionally went
over-time.
Many students found the two hour lecture block difficult; with the level of detail involved
many found it difficult to sustain attention.
Online & in-class resources
Lectures were not recorded.
Comprehensive lectures notes were provided, making it much easier for students to grasp the
concepts and reducing the amount of independent reading necessary. The notes are
comprehensive to allow students to gain an understanding, but students need to summarise the
notes themselves to distill the relevant principles.
Students thought that the correlation between the lectures and the lecture slides could be
improved.
17
Assessment
The assessment consisted of a 25% mid-semester exam and self critique, 10% online
discussion participation (optional), and 65% (or 75%) final exam.
The mid-semester exam and critique was helpful; although many students commented it was
‘strange’ and would have preferred an assignment. Students commented that it wasn’t marked
quickly enough for them to benefit from the experience as much as they should have for the
final exam.
Most students did not like the use of online tutorial discussion in lieu of in-class tutorial
participation; as it caused the level of in-class tutorial participation to be very poor. The lack
of student participation meant that students got less out of the tutorials than desired.
Textbook and other resources
Students regarded the Corporations Act as essential.
Both the text by Austin & Ramsay; Ford’s Principles of Corporations Law and that by Lipton
& Hertzberg; Understanding Company Law were recommended, but some queried the
necessity of Ford in light of the comprehensive lecture notes. It should also be noted that
Ford is available free online. Lipton was recommended for providing a basic understanding
which assisted in placing the comprehensive lecture notes in context.
Study Strategies
Students recommended:
- Reading notes before lectures and summarising the notes afterwards;
- Keeping up to date; and
- Preparing for tutorials, you need to practice problem style answers for this unit.
Student Comments
‘A practical and interesting unit.’
‘Challenging unit.’
‘Barbara and Normann are a great team – I really enjoyed this unit. Very well presented.’
‘Barbara is an excellent tutor who makes this unit much easier to understand.’
‘Lectures could be difficult to follow when they attempted to cram in all the content of the
notes. It would be better for the lecturers to focus on the really important and difficult
concepts in lectures, rather than trying to cover everything in the notes.’
‘Barbara can sometimes appear to lose focus in the lectures.’
‘Sexy German accent – Go Normann!’
‘A bit less history at the beginning.’
18
FINAL YEAR COMPULSORY UNITS
COMMERCIAL PRACTICE, CONVEYANCING AND DRAFTING
Coordinators – Dorothy Collins (first few weeks), Clancy Jarvis and Madeleine King.
Lecturers – (various practitioners from the WA legal community).
Overview
This unit (commonly referred to as ‘Comm Prac’) is a compulsory, final year unit which
focuses on a number of practical issues pertinent to legal practice. It is an ungraded pass/fail
unit.
As the name suggest, Comm Prac deals principally with general commercial practice,
conveyancing and drafting. Within that framework, the unit focuses on the basic principles of
legal writing, with an emphasis on ‘plain English drafting’ and then moves onto specific
issues relating to the sale and purchase of land such as stamp duty, settlement and registration.
Comm Prac also introduces students to the practical aspects of leasing, sale of businesses and
sale of shares. The unit also comprises an ethics component.
Comm Prac is taught by a combination of weekly lectures and fortnightly tutorials. The
lectures are given by various members of the Western Australian legal community, most of
whom are practicing lawyers. Although students generally valued the contribution these
guest lecturers made to the course, there was perceived to be a poor correlation between the
lectures and the material covered in assessments. Also, there was found to be some repetition
among different lectures. As a result, it was doubted that the lectures were very important in
the context of the course as a whole. Many students were also unhappy with the fact that
lectures were not recorded, and that many lectures were cancelled or rescheduled on short
notice during the course of the semester.
The tutorials in the unit are focused around the written assessments which must be submitted
the previous week. Students were overwhelmingly positive towards the tutors, however some
found that the subject matter did not lend itself well to tutorial participation, and this made
tutorials uninspiring at times.
Students Surveyed: 45.
Assessment
3.1
Resources
2.3
Std teaching - Various
3.1
Enjoyment
2.3
Difficulty
2
2.5
Unit Structure
Workload
2.4
0
19
1
2
3
4
5
Timetabling Issues
Tutorials rarely went overtime, and lectures were predominantly the same; although some
lecturers would speak for longer than others.
Lectures, though, were often cancelled or re-arranged on short notice and many students
found this problematic.
Online Resources
Most students were happy with the online support in this unit, if (as mentioned) they were
unhappy with the fact that lectures were not recorded.
Assessment
The assessment in Comm Prac was divided between nine written exercises (worth 40% of the
total mark), a stamp duty exam (15%), tutorial participation and attendance (worth 10%) and
a final exam (worth 35%).
Students were very supportive of the exercises as a whole, although some felt that they were
given limited guidance to complete the exercises, and so had to ‘learn from their mistakes’.
The ungraded and subjective nature of the unit tended to discourage students from putting
much more than a few hours’ work into the exercises.
Textbooks and other resources
There was no set textbook for this unit, but students recommended purchasing the ‘Comm
Prac Manual’. Many students also suggested using LexisNexis AU for obtaining a number of
precedents required for the exercises.
Study Strategies
Students recommended:
- Attending tutorials regularly; and
- Reading and using the Manual.
Student Comments
‘Very practical.’
‘Don’t bother with lectures.’
‘Several exercises required knowledge of material not available in manual or covered in
lectures.’
‘As the only compulsory ‘practical’ unit, the tutorials are useful in exposing us to giving
advice on different matters.’
‘Shorten it to one semester.’
‘The lecturers are great and give a lot of practical advice.’
20
PROCEDURE
Unit Coordinator – John Fiocco.
Lecturer – John Fiocco.
Overview
Procedure is a final year compulsory unit dealing with the fundamentals of civil litigation.
This full-year unit introduces students to the nature of procedural law, as opposed to
substantive law, and takes a linear approach to the conduct of a civil action in the various
courts operating in Western Australia.
Procedure deals with a wide variety of subject matters pertaining to the process of civil
litigation. The unit focuses topics such as the commencement of proceedings, service,
appearances, summary and default judgment, pleadings, injunctions, discovery,
interrogatories, enforcement of judgments and appeals.
Procedure was taught through a combination of weekly lectures and tutorials. Lectures were
given by John Fiocco, who has taken the course for many years and has an exceptional grasp
of the subject matter, as well as a plethora of practical experience. Students generally found
John to be a knowledgable lecturer, although the amount of material that needed to be
covered meant they were often rushed and it was difficult to keep up. Some also expressed
dissatisfaction when lectures were cancelled on short notice without proper notification being
given. Many also suggested that two lectures per week would be a positive change to the unit,
given the large volume of material that is covered.
Tutorials were taken by a number of different tutors, all of whom have practical experience in
civil procedure. Students were generally positive towards the quality of tutoring.
Students Surveyed: 51
Assessment
3.2
Resources
3.7
Std teaching - John
3.3
Enjoyment
2.8
Difficulty
4.2
4.1
Unit Structure
Workload
4.4
0
1
2
3
4
5
Timetabling issues
Lectures rarely went overtime, although John would occasionally have to cancel lectures on
short notice, and many students were unhappy with this.
21
Online Resources
There was a general consensus that the online support provided in Procedure, run through
Webct6, was very good. Copious material relevant to the course was easily accessible on the
web and the recorded lectures made life easier for many students.
The written assessments in the unit were submitted through posting them on Webct6, so that
they could be viewed by other students in the tutorial preparing for discussions or the final
exam. This approach was generally viewed positively by students. Some felt, however, that
this made it easy for less scrupulous students submitting the same written exercise to
plagiarise the answers of others; and expressed frustration when complaints of such were not
followed up by the tutors.
Assessment
The assessment component of the unit was divided into two.
50% of the mark was divided between four written assessments over the course of the year,
each worth 10%, and four oral discussions, each worth 2.5%. Many students considered the
written exercises too large, with some requiring in excess of 40 pages to complete, and felt
they had to rely heavily on past years’ answers in order to manage the material. Some
students suggested that the heaviness of the formal assessment discourages people from
‘keeping up’ with the material not covered by their written exercises or discussions, and
thought smaller and perhaps more frequent written exercises would be more beneficial.
The other 50% of the unit was devoted to a three hour exam in second semester. Many
students found preparation for the final exam very stressful and felt it covered too much
material. There was also a negative response to the re-use of previous assessment questions in
the final exam, which enabled some students who had a backlog of previous years’ procedure
papers to simply copy out an existing answer.
Textbooks and other resources
As procedural law is sourced primarily in statutes and delegated legislation, many students
found having access to a printed copy of the Rules of the Supreme Court 1971 essential, as
well as the legislation pertaining to the other courts in Western Australia such as the
Magistrates Court (Civil Proceedings) Act 2004.
Many students admitted to, and recommended, relying heavily on previous years’ notes and
answers, both in answering tutorial papers and in the final exam. The student compilations of
‘the Procedure Bible’ and ‘the Book of Minion’ were also widely used.
Young and Selby’s Rose’s Pleadings Without Tears was also recommended for purchase.
Students recommended Cairns’ Australian Civil Procedure (6th ed) and Seaman’s Civil
Procedure – Western Australia (‘The Red Book’) as commentaries that were useful in
fleshing out concepts introduced by lectures and tutorials; though few felt they needed to be
used heavily. Some responded well to John Fiocco’s work Civil Procedure in Western
Australia – A Practice Manual (1998), although it was felt to be in need of substantial
updating.
Study Strategies
Students recommended:
- Trying to keep up with the content and details of each tutorial paper;
22
-
Getting hold of past student papers and answers, as well as an up to date version of
the Procedure Bible; and
Reading excessively and generally working damn hard leading up to the final exam;
it’s the only way to do well in it.
Student Comments
‘Reduce the tutorial workloads!’
‘Don’t do any original work!’
‘Past notes (including tute papers) are a must.’
‘This is definitely one of the more engaging units and it is well worth putting the effort in.’
‘John is always more than happy to answer students’ questions.’
‘Your perception of this unit should increase with hindsight; it’s a hard slog when you’re
doing it, but once you are in practice, you will undoubtedly understand procedure much better
than your non-UWA counterparts.’
‘John knows everything there is to know about procedure! A very smart guy.’
23
SEMESTER 1 ELECTIVES
ALTERNATIVE DISPUTE RESOLUTION
(Please Note: Unfortunately only 6 students filled out the survey for this unit; so please be
aware that the opinions expressed may not be representative.)
Coordinator/Lecturer: Jill Howieson.
Overview
This unit provides an overview of dispute resolution and the methods used to manage and
resolve legal disputes. A number of different processes are examined, including negotiation,
arbitration and mediation. Both the positive and negative aspects of alternative dispute
resolution processes are explored.
ADR was regarded as a relatively easy, relaxed, and enjoyable unit. Although some students
thought the lectures could have been better organised and structured, it was also felt that Jill
was highly approachable and knowledgeable about the topics covered.
Timetabling issues
Tutorials often went over-time when the group presentations were being done.
Online and in-class resources
No comments were made on the resources available.
Assessment
The assessment consisted of:
- presentation of a group tutorial (20%);
- 3000 word essay (50%);
- continuous journal of class experiences (15%); and
- end of semester in-class test (15%).
The students surveyed had reservations about the usefulness of the group presentations – with
each speaker only given approximately 3 minutes.
Textbooks and other resources
There was no textbook.
Study Strategies
The students recommended:
- Do the journal each week. It's much quicker and easier than leaving it all to the
last minute, when you won’t remember what you did anyway.
24
BANKING LAW
Coordinator– Glen Barton.
Lecturers- Glen Barton, Michael Wood.
Overview
The unit examines the regulation of Banks in Australia, the nature of the bank-customer
relationship and the legal principles governing bank payments and various forms of securities.
The unit is highly structured and well paced. Both Glen and Michael were regarded as very
approachable. The lectures provided a good overview, but reference to the textbook was
required to provide more detail on cases. Despite this, the reading load was considered to be
light. The main complaint of students was the lack of lecture recordings.
Although many students viewed the unit as interesting and commercially relevant, some felt it
should be avoided unless you have an interest in commerce or economics.
Students surveyed: 26.
3.3
Assessment
2.7
Resources
Std teaching - Michael
4
Std teaching - Glen
3.8
Enjoyment
3
3.2
Difficulty
3.5
Unit Structure
2.9
Workload
0
1
2
3
4
5
Timetabling issues
Neither lectures or tutorials went over time.
Online and other resources
The unit run via the unit webpage. Glen provided good lecture outlines and overheads, and
these were available online prior to the lectures.
Students were unhappy that lectures were not recorded.
Assessment
The assessment consisted of a 4000 word, 50% research paper and a 50% exam.
25
Students liked the relative weighting, and found the assignment very interesting. Some
students suggested a tutorial participation mark should be introduced, as tutorial participation
was very poor.
Textbooks and other resources
Students regarded the prescribed text Tyree; Banking Law in Australia as essential. It was
recommended that you have access to legislation.
Study strategies
Students suggested:
- Attendance at all lectures;
- Reading the prescribed text; and
- Keeping up with reading.
Student Comments
‘Glen Barton is nice.’
‘The unit could be improved by increasing the focus on contemporary banking methods such
as internet banking and credit cards.’
‘Some problem questions in tutorials would be helpful.’
‘Lecture overheads as easy to follow.’
‘A great unit.’
NB. Glen Barton is retiring from the Law School and will not be taking this unit in 2008.
26
CONSUMER LAW
Lecturer/Unit Coordinator: Aviva Freilich.
Tutor: Eileen Webb.
Overview
This unit focuses on the rights and remedies available to consumers at both state and federal
levels, with primary focus on the Trade Practices Act and Fair Trading Act. It builds on units
covered in previous years such as contract and equity. Major topics covered include
misleading and deceptive conduct, unconscionability, implied terms, manufacturers’ liability
and consumer credit. Guest lecturers also discussed the application of consumer protection in
practice.
Student Surveyed: 22
3.5
Assessment
3.3
Resources
Std teaching - Eileen
3.6
Std teaching - Aviva
4.2
Enjoyment
3.6
2.6
Difficulty
3.9
Unit Structure
2.5
Workload
0
1
2
3
4
5
Online and in-class resources
The lectures were recorded, and powerpoints available on the unit website.
Assessment
The assessment consisted of a 70% exam, a 10% group presentation on one tutorial problem
question, and a 20% written submission (maximum 1500 words) on the same question
(submitted at the end of the relevant tutorial week), to be completed individually.
Textbook and other Resources
Students didn’t think the recommended texts were necessary to purchase. Access to the
relevant TPA provisions was essential.
27
Study Strategies
Students recommended:
- Going to lectures.
Student Comments
‘Both Aviva and Eileen are very knowledgeable and enthusiastic.’
‘A pretty cruisy unit.’
‘Very interesting lectures.’
‘Aviva was very clear and concise, always pointing out the relevant principles.’
‘It is interesting to know your rights as a consumer.’
‘The guest lecturers were not very effective.’
28
CRIMINAL PROCEDURE: THE TRIAL PROCESS
Coordinator/ Lecturer: Genevieve Cleary.
Overview
This unit covers selected aspects of the criminal process including the nature of adversarial
proceedings, selected pre-charging and pre-trial issues; types of offences and trials;
sentencing options, and appeals against convictions and/or sentence. Students noted that the
lectures placed emphasis on overall themes rather than precise detail, but that the assessments
expected knowledge of the detail as well. Students found Genevieve to be both
knowledgeable and helpful.
Students surveyed: 16.
Assessment
3.6
Resources
3
Std teaching - Genevieve
3
Enjoyment
3.4
Difficulty
3.1
Unit Structure
2.5
Workload
2.9
0
1
2
3
4
5
Timetabling issues
Students found that a number of lectures were cancelled, and felt this was disruptive and
made covering all the material difficult. The Lectures consistently started late.
Online and in-class resources
The lectures were not recorded; however the lecture handouts were regarded as very useful
and there was a plentitude of online material.
Assessment
The assessment consisted of the drafting of submissions and a statement of facts, as well as an
exam. Students felt they needed to be given some guidance on the drafting, as it was a new
form of assessment. It was also commented that the second assignment was due before the
first was returned, so students felt they couldn’t learn from their mistakes.
Textbooks and other resources
There was no textbook for this unit. Students recommended buying a hard copy of the
relevant Acts.
29
Study strategies
Students recommended that:
- You attend lectures.
Student comments
‘Genevieve is very approachable, friendly and knowledgeable; and has lots of practical
experience.’
‘It would have been good if Genevieve attended when there were guest lecturers – so she
could know what we were told before examining us on it.’
‘Better organization needed.’
‘Interesting.’
‘It would be better to have a couple of tutorials for discussions – the lectures tended to
disintegrate into discussions which meant a lot of the law wasn’t covered.’
‘The unit needs more focus on the actual procedure, not just on the overall issues and
themes.’
‘The learning outcomes needed to made clearer.’
‘I loved the practical aspects of the unit, drafting was a great experience.’
Genevieve responds: This year a number of my lectures were cancelled due to
circumstances beyond my control - one at the request of the students due to prosh,
another because I am a practitioner, and sometimes, well, I have to practice. I also had
to travel suddenly with my Board work. On each occasion I provided alternative work via
webct6, where I set up quizzes and surveys and reading which covered the work which would
have been covered in these lectures, or altered the scheduling of topics. There was
nothing that I set out at the start of the year to cover which was not covered.
30
CRIMINOLOGY 1
Coordinator: David Indermaur.
Lecturers - David Indermaur and Harry Blagg.
Overview
The criminology units examine the major theories and positions taken in understanding crime
and its control. This first semester unit introduces students to the history, main dimensions
and methodology of criminological thinking.
As to be expected from a unit which falls within “List B”, this is not your typical law unit.
The course was regarded as providing a useful insight into society, and students unanimously
regarded the practicum visits as a highlight. Both David and Harry were regarded as both
knowledgeable and approachable, and the workload was regarded as reasonable.
Students surveyed: 31.
3.3
Assessment
2.9
Resources
Std teaching - Harry
3.5
Std teaching - David
3.4
Enjoyment
3.6
3
Difficulty
3.5
Unit Structure
2.8
Workload
0
1
2
3
4
5
Timetabling issues
The lectures consistently ran according to schedule.
Online and in-class resources
The unit was run through webct6, and detailed slides were posted on the web. Students
would have liked the slides to be available before the lecture.
The lectures were not recorded, but as the lecture material could be found in the slides, this
was not seen as a major issue.
Assessment
Assessment consisted of a 50% essay and a 50% closed book exam. Students were also
required to participate in the practicum aspect of the course, which involved five visits to
various criminal justice institutions. The practicum aspect fed into the content of the essay.
31
Textbooks and other resources
The textbook was recommended by students as providing a good basic overview of the
subject.
Study strategies
Students recommended that:
- You get hold of the lecture slides;
- Keep up with the reading; and
- Start the essay early.
Student comments
‘Very interesting and challenging subject matter.’
‘The unit could have benefited from running tutorials in addition to lectures to discuss
criminology theories.’
‘Practicums were awesome.’
‘Highly recommended.’
32
CURRENT ISSUES IN CONSUMER LAW AND POLICY
Coordinator: Eileen Webb.
Lecturers: Eileen Webb, Aviva Frelich; and Guest lecturers Chris Field, John Langoulant,
Lydon Rowe, Pat Walker.
Overview
This unit was offered for the first time this year, and was run intensively over the midsemester break. The unit covered the history, theory and current practice of consumer law and
policy; with a particular focus on critical assessment of current issues. The unit, although
primarily concerned with the Australian position, drew comparisons with other jurisdictions.
The unit was informative, organised, and contained a mix of policy and law. The content
encouraged critical thinking of broader policy issues in a way not often elicited in the
traditional law units. Eileen, Aviva and Chris were enthusiastic and approachable, and the use
of guest lecturers was well received.
Students Surveyed: 23.
Assessment
4
3.9
Resources
4.2
Std teaching - Chris
Std teaching - Eileen
4.3
4.1
Std teaching - Aviva
3.9
Enjoyment
Difficulty
2.9
3.8
Unit Structure
3
Workload
0
1
2
3
4
5
Timetabling issues
The unit did not go over time, although students requested a more strict adherence to break
schedules.
Online and other resources
The nature of the unit meant online resources were largely unnecessary.
Students were impressed with the content of the file provided, although some commented it
needed to be made available earlier to give students adequate opportunity to do the prereading.
Some students did find the overheads a bit long winded, and suggested the use of flow charts.
33
Assessment
The assessment consisted of a 4000 word, 90% research paper and a 10% participation mark.
Although some students found the 90% essay daunting, students were pleased with the topic
set.
Textbook and other resources
Students were divided in respect of the textbook. Whilst some students recommended it,
others noted that it was very pricey considering its size; and that the materials provided and
online journals were adequate.
Study strategies
Students recommended:
- Doing the pre-reading.
Student Comments
‘Eileen, Aviva and Chris are fantastic. They are all approachable and enthusiastic.’
‘Keep the break out groups small, as discussion is more productive.’
‘It would have been nice to have at least one guest lecturer with a more left wing view to give
students a clear understanding of the globalisation and free market debate.’
‘A bit of group work is good, but there was a little bit too much.’
‘The unit is great, informative, and interesting.’
‘Interactive and thought-provoking.’
34
EMPLOYMENT LAW
Coordinator: Bill Ford.
Lecturers/tutors: Bill Ford, Tony Buti, Robert Castiglioni, Natalie Skead.
Overview
This unit covers a number of aspects of employment law, including the distinction between
employees and independent contractors, rights and duties between the parties, termination,
and remedies. The course examines both common law contracts of employment,
Commonwealth and State awards and agreements, and the unfair and unlawful dismissal
regimes.
The unit is highly relevant to anyone in, or about to enter the workforce. The tutorials were
regarded as providing good preparation for the exam and clarifying the way the lecture
material was to be applied to problems. Students thought the lectures could have been better
structured.
Students surveyed: 10.
3.1
Assessment
3.2
Resources
Std teaching - Natalie
4.2
3.6
Std teaching - Robert
3.5
Std teaching - Tony
3.2
Std teaching - Bill
3.1
Enjoyment
Difficulty
3.2
Unit Structure
3.2
Workload
3.2
0
1
2
3
4
5
Timetabling issues
Lectures occasionally ran overtime.
Online and in-class resources
The unit was run though the unit web-page, and lectures were recorded. No handouts or
overheads were used.
Assessment
The assessment consisted of a tutorial mark, an optional essay and an end of semester exam.
35
Textbooks and other resources
There were no prescribed textbooks for this unit, and students did not recommend purchasing
any texts. A number of books available in the reserve had one or two relevant chapters
students regarded as worth photocopying.
Course readers were available, but the quality of the photocopying was extremely poor such
that many of the cases were unreadable. The course readers did not include all of the relevant
cases.
Study strategies
Students recommended:
- Looking at the statutes carefully;
- Preparing for tutorials; and
- Reading the cases.
Student comments
‘Interesting and relevant.’
‘Very topical.’
36
ENVIRONMENTAL LAW
Unit Coordinator: Sharon Mascher.
Lecturers/Tutors: Sharon Mascher and Alex Gardner.
Overview
This unit provides an introduction to environmental protection law in WA, with a particular
focus on pollution controls, environmental impact assessments and criminal and civil
liabilities.
The unit is highly focused on the legislative provisions and would likely be dry if not
enlivened by lectures and tutorials which addressed real world, topical problems such as
global warning and climate change. Sharon and Alex are very knowledgeable, and also made
the lectures interesting and easy to understand. The four tutorials were regarded as the
highlight of the unit, and a good way of putting the provisions in context.
Students do warn that there is a lot of content in the unit, and that you must be prepared to do
a large amount of reading.
Students surveyed: 12.
3.7
Assessment
4.2
Resources
Std teaching - Alex
4
Std teaching - Sharon
4
Enjoyment
3.5
3.7
Difficulty
3.8
Unit Structure
3.5
Workload
0
1
2
3
4
5
Timetabling issues
Tutorials often went over time, but generally lectures did not.
Online and in-class resources
Lectures were recorded, and powerpoint slides were placed online. Other online resources
were not regarded as necessary considering the quality of the reader provided.
Assessment
Students were consulted about the assessment structure at the beginning of semester.
37
The assessment consisted of an 80% exam and one of three options (nominated by students at
the start of semester):
- two short essays worth 10% each (maximum 750 words) on assigned questions from
any two tutorials;
- one short essay worth 10% (maximum 750 words) on an assigned question from one
tutorial and presenting and leading the discussion in that tutorial (10%); or
- one essay (maximum 2000 words) on a topic assigned by, and of relevance to, the
Environmental Defender’s Office (EDO) worth 20%. The essay is assigned a grade
by the unit lecturers, but students undertaking this option interacted with EDO
solicitors to define the topic. This option was open to a maximum of 10 students.
Many students were unhappy with the weighting of the exam, and suggested that a system of
assessed, online quizzes, or an option to complete more tutorial papers would be a good way
of resolving this issue.
Students also thought the word limit on the tutorial paper should be increased. .
Textbook and other resources
There was no prescribed textbook for this unit, but course materials were available. The
course materials were regarded as both essential and comprehensive. Students also
recommended that you obtain a hard copy of the Environmental Protection Act (WA).
Study strategies
Students recommended:
- Preparing for, and attending, all tutorials;
- Doing the reading after the lectures; and
- Reading the Act.
Comments
‘Tutorials were great to place things in context.’
‘Lots of reading.’
‘The lecturers really know their stuff.’
‘The unit moves very quickly and there is a bit too much crammed in.’
‘The best thing about this unit is the use of the Act is related to current environmental issues.’
38
HUMAN RIGHTS AND EQUAL OPPORTUNITY LAW
Unit Coordinator: Peter Johnston.
Lecturers: Peter Johnson, Martin Flynn.
Overview
Run semi-intensively, this unit provides an introduction to international human rights law.
Students felt the unit gave a good overview of human rights in the international arena and the
domestic measures taken to ensure the enjoyment of human rights.
Whilst students found the subject matter was interesting, they felt it had huge administrative
problems. Students were required to listen to lectures given in 2006, which was not well
received. There were also issues with the timing, as the webpage was being reconstructed so
those lectures were not available until the week before the seminars commenced. Similar
issues were experienced in relation to the prescribed readings, with significant chances being
made only shortly before the classes. Generally students felt they were unsure of the focus of
the course and ill-prepared for the exam.
Students surveyed: 12.
4
Assessment
2.5
Resources
Std teaching - Martin
3.5
Std teaching - Peter
3
Enjoyment
3
Difficulty
3
2
Unit Structure
3
Workload
0
1
2
3
4
5
Online and in-class resources
See comments above under ‘Overview’.
Students also felt that they would have benefited from a library session on how to locate
treaties and other relevant material.
Assessment
The assessment consisted of an optional assignment (30%) and/or a 100% (or 70%) exam.
Students liked having the option to do an assignment, and also appreciated being able to
chose their own topic.
39
Textbook and other resources
Students did not recommend the textbook, as they felt it did not cover the areas of the course
that were examined adequately.
It was noted that the Human Rights and Equal Opportunity website was a useful resource, as
it has up to date articles and news.
Study Strategies
Students recommended:
- Doing the optional assignment.
Student Comments
‘This is potentially a really great unit with two fantastic lecturers however the unit as a whole
was managed poorly.’
‘I liked the optional assignment – it was a good chance to research on a topic of your
interests. It made me more motivated and enthusiastic to research and present a better paper.’
‘The online recordings were difficult to listen to.’
‘Peter Johnston was in a difficult position because he had such limited time in classes to cover
any sufficient material.’
‘Both lecturers are interesting people.’
40
INCOME TAXATION LAW
Coordinator – George Syrota.
Lecturers and Tutors – George Syrota and Glen Barton.
Overview
Income tax provides students with an overview of the essential principles which govern the
taxation of income in Australia. The unit focuses on the taxation of individuals through the
Income Tax Assessment Acts 1936 and 1997, with specific emphasis on the interpretation and
application of these statutes in a number of contexts. Topics covered include: the history and
constitutional basis of tax in Australia; income according to ordinary concepts; income from
personal exertion; income from business; capital gains tax; fringe benefits tax and deductions.
Students found both George Syrota and Glen Barton to be very good lecturers who explained
difficult concepts clearly and succinctly, although some students had difficulty with George’s
insistence upon strict punctuality at times. Students thought the unit was a good educational
experience, with a high level of practicality; not only in relation to legal practice, but also in
everyday life.
The unit was heavily weighted towards lectures, with 3 hours per week. The unit contained
only three tutorials run in the latter half of the semester.
The unit is a prerequisite for the second semester elective Taxation of Business Enterprises
and Foreign Income.
Students Surveyed: 37.
Assessment
2.9
Resources
2.7
Std teaching - Glen
3.7
Std teaching - George
3.9
Enjoyment
3.2
Difficulty
3.7
Unit Structure
3.7
Workload
3.4
0.0
1.0
2.0
3.0
4.0
5.0
Timetabling issues
Students commented that George’s lectures often went overtime and many felt he did not give
a sufficiently long break in the middle of the two-hour lecturing period on Fridays.
41
Online and in-class resources
Many students found the online support wanting in this unit. The lecturers generally made
handouts, overheads and notices available on the unit webpage, but most students were
unhappy that lectures were not recorded.
Assessment
Assessment was limited to a 100%, open book exam of 2 hours duration. In the 2007 exam,
there were 4 questions of which students had to answer 3; although in reality some questions
were subdivided as well. Some students felt the exam was difficult to complete to a good
standard in 2 hours, but were generally supportive of the assessment structure as a whole.
Textbooks and other resources
The prescribed textbook Woellner & Barcoczy’s Australian Taxation Law was regarded as a
useful text, although some students doubted it was necessary to buy it, in light of the
comprehensive lecturing style in this unit. The casebook Australian Tax Cases was also
recommended by some students.
Students did believe that having a copy of the Income Tax Assessment Acts was essential.
The compilation, Barcoczy’s Core Tax Legislation & Study Guide was recommended, as
during lectures George would often direct students to the specific pages in this book for
particular statutory provisions.
Study Strategies
Students recommended:
- Attending all lectures and tutorials;
- Always bringing your statutes, blue book etc to class;
- Paying attention to George’s exam hints – he will tell you what he wants;
- Having well structured and logical notes for the exam; and
- Preparing summaries on the significance of important cases for the exam.
Student Comments
‘Top lecturers – they give you everything you need to know.’
‘Glen has a very thorough knowledge of tax and is very good at conveying the right
information. UWA is lucky to have him.’
‘George knows his stuff well, but is overly sensitive about some things.’
‘George should allow students to leave when he goes over time so that they are not late for
their next class.’
‘George was an excellent teacher – made all the concepts very clear.’
‘This unit is very relevant in everyday life; especially deductions.’
‘It is good to have a 100% exam – gives you more time during semester for other units.’
‘The 100% exam is scary.’
‘Lectures should be recorded.’
42
INDIGENOUS PEOPLE AND THE LAW
Unit Coordinator/Lecturer: David Ritter.
Overview
This unit provides an overview of Indigenous peoples in Australian law. Topics covered
include the constitutional position of Aboriginal peoples, native title, Aboriginal heritage;
Indigenous legal history; as well as the interrelationship between law and public policy in
Indigenous affairs; and child welfare issues, including responses to the Stolen Generation.
The unit received mixed reactions, and was either loved or hated. While some found the unit
interesting and challenging, others lamented the lack of in-class and online resources, and
lack of direction in assessment. Students found David Ritter engaging, approachable and
quick to respond to queries.
Students did almost universally regard the unit as over-assessed, and found the 3 hour lecture
block in evenings to be difficult.
Students Surveyed: 14.
Assessment
2.8
1.8
Resources
Std teaching - David
3.7
Enjoyment
3.3
Difficulty
3.3
Unit Structure
3.3
Workload
3.3
0
1
2
3
4
5
Timetabling issues
The unit consisted of a 3 hour block of classes in the evenings, which students found a bit
hard to handle.
Online & in Class Resources
The unit had no:
- Active website.
An extensive outline that listed a number of possible texts, as well as three or four
comprehensive public websites was provided at the beginning of semester.
Students did note that David was very quick with responses to any queries.
43
Assessment
Assessment consisted of:
- attendance and participation in symposium classes;
- short written assignment;
- long research assignment; and
- take-home examination.
Some students felt the assignments did not seem to relate to the lectures, and that the
expectations in assignments were not clear. Most students felt the unit had too many
assessments.
Textbook and other resources
There was no text, or other assigned readings; but this matched the assessment structure
which allowed an openness of content to be determined by the student’s own interest, rather
than set learning of fixed content.
Study Strategies
Students recommended:
- Choosing the essay topic early; and
- Going to lectures.
Student Comments
‘A very engaging lecture style.’
‘Very interesting lectures.’
‘David is very opinionated and not open to other points of view – it’s his way or the
highway.’
‘If you don’t like it in the first week, pick another unit.’
‘Interesting to have a different style of content and the symposium classes were enjoyable.’
‘Students would benefit from listening to an indigenous guest speaker and their views on the
system.’
‘Very enjoyable and challenging.’
‘High standards, with too much background knowledge expected.’
NB. In 2008 this unit will be run by Richard Bartlett.
David Responds:
I’m grateful to the editors for the opportunity to respond to the review of Indigenous Peoples
and the Law and to my former students for the largely positive and constructive responses. I
do note the concerns about workload, but (and at the inevitable risk of sounding like an old
man in my thirties) I think that the course assessment largely mirrors my own experience
when I was a student at UWA. Comments suggesting greater clarity about objectives are
44
always helpful, though it is a bit curious though that ‘some students felt the assignments did
not seem to relate to the lectures’, given that the class were able to select and develop their
own major essay topics.
I welcome the observation that I’m opinionated, indeed one of the great joys of teaching is
developing and sharing arguments and ideas in dialogue with students. It’s disappointing that
one student felt that I was not open to other points of view, a claim I’d certainly dispute. It’s
true that I do want the members of the classes I teach to be curious, sceptical and rigorous in
their argumentation and perhaps those ambitions may brush against the entrenched opinions
of some students (or indeed a desire on the part of some to exercise their democratic right to
not be curious, sceptical or rigorous….) I believe that students should challenge their
preconceptions: but that does not mean that I am seeking adherence to a common view. I
suppose too, I’m not exactly sure what ‘my way’ is really meant to mean, given that I don’t
hold monochromatic or un-critical views in relation to Indigenous legal issues.
One final thing: I’m not teaching Indigenous Peoples in 2008 and in the spirit of a miniepitaph would like to thank the classes of 04-07 for the generosity of their participation and
for the high quality of so much of their work, both of which made the unit such a pleasure to
have taught. Having moved to the UK, I hand Indigenous Peoples back to the great Richard
Bartlett next year, with not inconsiderable regret at what I’ll be missing.
45
INTERNATIONAL TRADE LAW
Unit Coordinator/Lecturer: Colin Lockhart.
Overview
This unit examines legal issues that arise for international trade transactions in a multijurisdictional environment. Colin describes it as an applied contract course and it has also
been colloquially referred to as ‘contract on the water’. The unit content covers the relevant
Vienna Convention and the different types of international contract of sale; the contract of
carriage; financing, particularly letters of credit; and dispute resolution, focusing on
international commercial arbitration.
Students found this unit fairly easily to follow with reasonable to light study load. It is statute
/ convention focused with well structured and informative but not interactive lectures.
Following a larger than expected enrolment in 2006, in 2007 this unit had a quota of 120
students.
3.3
Assessment
Resources
3.4
Std teaching - Colin
3.4
2.9
Enjoyment
3.6
Difficulty
Unit Structure
3.2
2.7
Workload
0
1
2
3
4
5
Timetabling issues
The unit was run with three hours of classes per week; with a small number of problem
question sessions. Students noted that the classes always finished on time.
Online and in class resources
The lectures were recorded, and Colin provided good lecture outlines.
Assessment
The assessment consisted of an optional, redeemable 3000 word problem question assignment
(worth 33%) and an exam (worth 67% or 100%).
Students commented that they would like the assignment due earlier in semester so they can
get their grade back before exam.
46
Textbook and other resources
No comments were made on the text.
Study strategy
Students recommended:
- Go to all the lectures;
- Take good lecture notes; and
- Take the Vienna Convention to lectures.
Student comments
‘Colin is nice.’
‘Colin knows his stuff.’
‘The unit could be improved by having problem questions and running tutorials earlier in the
semester.’
‘Colin is informative but his lecture style is not very interactive.’
‘There was too much focus on simply reading out the legislation in the lectures.’
‘The unit gives a good broad understanding.’
‘Well structured and prepared.’
47
INTRODUCTION TO FAMILY LAW
(Please Note: Unfortunately only 2 students surveyed were surveyed for this unit; so please be
aware that the opinions expressed may not be representative.)
Co-ordinator: Ms Robyn Carroll
Lecturers/Tutors –Robyn Carroll; Clea Brierley
Overview
The Introduction to Family Law unit covers the constitutional and jurisdictional issues in
family law, marriage (and de facto marriage), divorce, parenting orders, maintenance and
property division. The more exciting parts of family law, such as international child
abduction, are left to the advanced unit. Nonetheless, a lot is covered in the course and
students should emerge with a thorough grounding in family law.
The lecturers were thorough and clear, though sometimes a little rushed to get through the
material. Tutorials dealt with answering a problem question relating to topics covered in the
lecture, so students had plenty of opportunity to practice answering such questions.
Timetabling issues
Lectures were in a two hour block with a short break between the first and second hour.
Lectures usually ran a little overtime, so the break was rarely the university-mandated fifteen
minutes. Tutorials operated on a fortnightly cycle.
Online and in-class resources
The unit was run on Webct6. Unit and topic outlines were provided in class, and were also
available online. Lectures were consistently recorded.
Assessment
The assessment consisted of a WebCT Quiz worth 10%, an assignment worth 20% and an
exam worth 70%. The exam consisted of a choice of ‘problem questions’ covering topics not
dealt with in the quiz or the assignment. The assignment consisted of a choice between two
‘problem questions’. Each focuses on a single topic already covered in lectures, but required
students to research the topic in greater detail. Two attempts at the quiz were allowed.
Textbooks and other resources
The required text, Monahan and Young’s Family Law in Australia was a good basic text,
however significant changes to family law that occurred at the start of 2007 rendered some
references to specific sections of the Family Law Act (Cth) out of date.
Parkinson and Behren’s Australian Family Law In Context and Dickey’s Family Law were
recommended for students who wanted a deeper understanding of the material.
A hard copy of the Family Law Act (Cth) was recommended (though not necessary), but
second-hand copies were not, as a result of the significant legislative changes at the start of
the year. Students may wish to be cautious about buying a pre-2007 version of the Act, or be
prepared to go through and amend.
48
As far as internet resources, students had to get familiar with CCH Online as many of the
judgments referred to were not available on LexisNexis.
Study Strategies
The student recommended:
- Take good notes from lecturers; and
- Go beyond the textbook and lecture notes for the assignment.
49
INTRODUCTION TO INTELLECTUAL PROPERTY
Coordinator and Lecturer : Jani McCutcheon.
Overview
The Intellectual Property units provide an overview of Australian intellectual property law in
the international context. This first semester unit focuses on protection of information of
commercial value in the context of development and marketing of goods and services; and
involves an examination of copyright, trademarks, designs, patents, the tort of passing off and
the misleading and deceptive conduct cause of action.
Jani was regarded as very knowledgeable and easy to understand. The subject matter was
considered interesting and the unit relevant to commercial practice. Students did consider the
unit gave a very general overview of the subject area but did not explore the subjects with any
real depth.
Students also considered the workload to be very heavy, with the unit trying to cover too
much material.
Students surveyed: 45.
Assessment
3
3.5
Resources
Std teaching - Jani
3.1
Enjoyment
2.9
Difficulty
3.3
Unit Structure
3.1
Workload
3.5
0
1
2
3
4
5
Timetabling
Lectures generally ran according to schedule.
Online and in-class resources
Lectures were recorded and overheads provided prior to the lecture. No reading guide was
provided.
Assessment
The assessment structure of this unit was flexible. Students had the following choices:
50
-
A Group presentation/Seminar paper (50%) and exam (50%)
Critique two seminar papers in partners (25% each) and exam (50%)
Mid-semester closed book test, 1000 word assignment and exam.
Although students appreciated having some choice as to assessment, students thought there
was not enough consistency between the choices; and would have preferred some more
conventional options.
Textbook and other resources
Students recommended the text McKeough; Intellectual Property: Commentary and
Materials.
Study Strategies
Students recommend:
- Do reading – lecture material is not sufficient;
- Keep up with the reading as it is easy to fall behind;
- Review early;
- Read a range of cases – as they are very fact specific; and
- Study hard.
Student comments
‘Very interesting.’
‘Please slow down Jani.’
‘Good lecture slides.’
‘The unit tries to cover far too much material. Less topics, more detail.’
‘It would be better if the seminars involved problem questions.’
‘More guidance on the expectations for each assessment option would be useful.’
51
LAW REVIEW
Unit Coordinator: George Syrota.
Overview
Law Review runs over two semesters and is worth 6 points, with a pass/fail grading. Entry is
by application only. With a class of 5-6 students, chosen primarily on the basis of grades, it is
not your typical law unit. Students selected take on the role of Editors of the UWA Law
Review Journal, selecting and editing articles for publication.
George has never failed a student yet, so it is relatively easy 6 points – but don’t tempt him by
failing to attend!
The role of the student editors
Initially students are required to read an article a week, contributing to a written report on its
suitability for publication. Over the year, each student takes responsibility for approximately
3 reports. The Editors meet once a week, with George Syrota and Cheryl McFarlane to
discuss the articles. The discussions are honest and can be rather frank, and all students are
required to voice an opinion. Although George claims an equal vote, it is inevitably his
opinion which prevails if there is disagreement as to the suitability for publication. Once the
decision is made, it is communicated to the author(s), often with the written report. If the
article was deemed suitable for publication, it is then sent to an independent referee for
confirmation.
Subsequent, to the selection of articles for publication each student is assigned an article for
meticulous editing, including formatting to the Style Guide, and the checking of all citations.
The corrections are made by Cheryl, and then through a process not involving the students,
the journal is produced.
Oh, and students get treated to a wonderful lunch with George and Cheryl, courtesy of Bill
Ford.
A valuable learning experience
Participation in the Law Review is a valuable experience for many reasons.
First, it sharpens your evaluative skills. Through seeing the errors of others, and distilling
what make a good article, it assists in improving your own legal writing skills – which is of
particular assistance in writing essays or an honours thesis. Secondly, anyone considering life
as an academic gets to see the process followed, and the scrutiny your work is subjected to,
before publication. Thirdly, it provides a chance to get to know a few of your peers better, and
form friendships that otherwise may not occurred.
Last but certainty not least, students get to see past George’s gruff exterior (as experienced by
his Tax students and those in the Honours program) to the comedian within. He’s really just a
big softie at heart.
52
NEGOTIATION AND MEDIATION
Coordinator – Jill Howieson.
Lecturers – Bradley Chenoweth, Jill Howieson.
Overview
Negotiation and Mediation, as the title suggests, gives students a crash-course in two major
forms of alternative dispute resolution. The unit uses a combination of lecture-style teaching
and interactive, practical exercises in order to give students a sense of how negotiations and
mediations work. Students are taught how to distinguish between parties’ positions and
underlying interests in a conflict situation, thereby assisting them in reaching an amicable and
lasting agreement.
Students found Bradley Chenoweth’s facilitative teaching style very engaging, and felt he
encouraged class participation at all levels. Students were also positive towards Jill
Howieson’s contributions. The overall perception was that the unit was a good educational
experience, particularly different from the usual subjects available at law school.
The unit was taught intensively over one week, and was run three times in 2007; in February,
in June and in September. The unit is quota-restricted to ensure the practical exercises are
workable, and is generally only available to final year students.
The unit was thought to complement the unit Alternative Dispute Resolution well in many
ways; though some felt there was a degree of overlap with the content at times.
Students Surveyed: 29.
Assessment
4.7
Resources
Std teaching - Jill
3.9
Std teaching - Brad
4.5
Enjoyment
4.2
Difficulty
2.5
Unit Structure
4.3
Workload
3.2
0
1
2
3
4
5
Timetabling Issues
Students commented that classes generally finished at the right time, but found that the
provision of breaks during the day was not well managed.
53
Online Resources
No online support was available (or necessary) in this unit.
Assessment
This is a pass/fail unit with light assessment. In 2007, students were required to submit an
introductory paper of 2-3 pages outlining what they expected to get out of the unit (non
assessable). Students were also obliged to submit a journal for each day of the 5-day course,
plus a concluding summary when the course was over, outlining what they learned from their
experiences.
Assessment also consisted of ongoing participation in class exercises and discussions;
submission of a mediator’s opening statement and ‘7-elements of negotiation’ worksheet, and
participation in three assessable simulated mediations on day 5.
Most students felt the assessment was very reasonable, and required minimal work outside of
class.
Textbooks and other resources
Students were advised to read Getting to Yes by Fisher, Ury and Patton; as well as a few
journal articles prior to the commencement of classes. Many students, though, felt the classes
alone were sufficient in teaching all you need to know to pass the unit.
Study Strategies
Students recommended:
- Paying attention in class;
- Learning the facts for exercises;
- Writing the journal entry daily; and
- ‘Getting into character’ during exercises.
Student Comments
‘Very engaging.’
‘Great way to meet more people at law school.’
‘There should be more emphasis on negotiation and less on mediation.’
‘Sweet unit.’
‘Brad was ace!’
‘Don’t have a full day of theory.’
‘Really enjoyed it…I felt like I got a chance to apply the skills I had learned.’
‘Make this compulsory for all LLB students.’
54
REMEDIES
Coordinator – Tony Buti.
Lecturers –Tony Buti, John Tarrant, Normann Witzleb and a number of guest lecturers.
Overview
This unit aims to provides students with an overview of different remedies both at general law
and created by statutes such as the Trade Practices Act 1974 (Cth). Remedies delves into the
specifics of compensatory damages at common law and under the Trade Practices Act,
equitable compensation, restitutionary and punitive damages, and also considers coercive
remedies such as injunctions and specific performance.
The unit was taught almost exclusively in lecture-style, with no tutorials other than a revision
seminar towards the end of the semester. The lectures were predominantly given by Tony
Buti, John Tarrant and Normann Witzleb, however a number of guest lectures were also
involved. Although many students found the different lecturers made Remedies interesting,
some felt it impacted negatively on the structure and cohesion of the unit. Many students
were unhappy that lectures were not recorded, and found the 8.00am starts onerous.
The relative absence of tutorial-style teaching met a mixed reception; many students were
overwhelmingly positive, whereas others regretted not having a greater opportunity to apply
the knowledge gained in lectures before the final exam.
Students Surveyed: 38.
Assessment
3.6
Resources
3.1
Std teaching - Normann
3.6
Std teaching - John
3.6
Std teaching - Tony
4
Enjoyment
3.3
Difficulty
3.3
Unit Structure
3.3
Workload
3.2
0
1
2
3
4
5
Timetabling Issues
Many students felt the 8.00am lectures were difficult to manage.
Online Resources
Students were generally positive towards the support provided in this unit, and placed
particular emphasis on the comprehensiveness of the notes made available to students on
various topics. There was, however, much frustration expressed at the fact that lectures were
not recorded.
55
Assessment
Assessment was divided between an assignment and exam. Many students were supportive
of the assignment, but some were unhappy with the limited choice of questions available to
students in the final exam.
Textbooks and other resources
No comments were made on the recommended texts.
Study Strategies
Students recommended:
- Attending all lectures;
- Keeping up with the reading;
- Recalling previous units (eg equity, contract);
- Practicing problems; and
- Reading journals.
Student Comments
‘An enjoyable and well-taught unit overall.’
‘This unit should be compulsory – it contains important stuff overlooked in other units.’
‘Good structure and presented in an interesting way.’
‘Lectures are conducted way too early in the morning!’
‘Have more than one essay question in the final exam – give students a choice.’
‘The exam structure is weird and does not seem to cover all aspects of the course.’
‘Lectures by guest lecturers were interesting.’
‘This unit would be a lot better if we had tutorials to practice how to apply what we have
learned to problems.’
‘The lecturers were very knowledgeable on the subject matter presented.’
‘Remedies law is an applicable area to all fields of law and legal practice generally.’
56