LAW Unit Details as at 13th June, 2002
Introduction to Law
Enrolment code: LAW101
Offered: Hobart: semesters 1 & 2, Launceston: semesters 1 & 2
Special note: compulsory unit for all intending law students. Subject to quota
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 pattern 2x50-min lectures weekly, 50-min tutorial weekly in sem 1 and fortnightly
in sem 2
Assessment mode 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]
Faculty website <http://www.law.utas.edu.au/>
Contract Law
Enrolment code: LAW200
Offered: Hobart: semesters 1 & 2
Special note: compulsory unit; the unit is weighted at 20% for combined degrees
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 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; privity; 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
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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 pattern 2x50-min lectures weekly, 50-min tutorial fortnightly
Assessment mode 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]
Faculty website <http://www.law.utas.edu.au/>
Torts
Enrolment code: LAW201
Offered: Hobart: semesters 1 & 2
Special note: compulsory unit; the unit is weighted at 20% for combined degrees
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 and oral presentation.
Staff Assoc Prof M Otlowski, Mrs J Davis
Unit weight 25%
Teaching pattern 2x50-min lectures weekly, 50-min tutorial fortnightly
Assessment mode tba
Required texts etc
Davies M, Torts, 3rd edn, Butterworths, Vic, 1999.
Recommended texts etc
Balkin R and Davis J, The Law of Torts, 2nd edn, Butterworths, Syd, 1996
Trindade F and Cane P, the Law of Torts in Australia, 3rd edn, OUP, Vic, 1999
Fleming J, the Law of Torts, 9th edn, LBC, Syd, 1998
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Criminal Law
Enrolment code: LAW202
Offered: Hobart: semesters 1 & 2
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Special note: compulsory unit for students of Law; may be taken as a BSocSc(PoliceStudies) unit
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 pattern 2x50-min lectures weekly (28 wks), 50-min tutorial fortnightly (24 wks)
Assessment mode 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]
Faculty website <http://www.law.utas.edu.au/>
Principles of Public Law
Enrolment code: LAW203
Offered: Hobart: semesters 1 & 2
Special note: compulsory unit
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, Dr G Carne
Unit weight 25%
Teaching pattern 2x50-min lectures weekly, 50-min tutorial fortnightly
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Assessment mode 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]
Faculty website <http://www.law.utas.edu.au/>
Property Law
Enrolment code: LAW303
Offered: Hobart: semesters 1 & 2
Special note: compulsory unit
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 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 pattern 2x50-min lectures weekly, 50-min tutorial fortnightly
Assessment mode tba
Required texts etc
tba
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Law of Groups
Enrolment code: LAW304
Offered: Hobart: semester 1
Special note: compulsory unit
Outlines the various forms of business organisation: the sole trader, partnership, joint
venture, association and corporation (the trading trust is considered in LAW401) 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
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management of each type of entity; and to serve as an introduction to LAW665, LAW668,
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 pattern 2x50-min lectures weekly, 50-min tutorial fortnightly
Assessment mode tba
Required texts etc
Corporations Law
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Equity and Trusts
Enrolment code: LAW401
Offered: Hobart: semester 1
Special note: compulsory unit
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 pattern 100-min lecture weekly, 50-min tutorial fortnightly
Assessment mode drafting exercise, and 3-hr exam (100%)
Required texts etc
Dal Pont G, Chalmers D, Equity and Trusts in Australia and New Zealand, 2nd edn, LBC, Syd,
2000
Dal Pont G, Chalmers D, Maxton J, Equity and Trusts – Commentary and Materials, 2nd edn,
LBC, Syd, 2000.
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
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Faculty website <http://www.law.utas.edu.au/>
Litigation
Enrolment code: LAW402
Offered: Hobart: semesters 1 & 2
Special note: compulsory unit
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 pattern 2x50-min lectures weekly, 1 50-min seminar fortnightly (13 wks), 7x50-min
workshops as notified
Prerequisites LAW200, LAW201, LAW202, LAW303
Assessment mode sem 1: 3-hr exam in June (40%), mid-sem-1 exam (10%), 1,000-word
written court report (10%); sem 2: 2-hr exam in Nov (30%), mid-sem-2 exam (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)
Judiciary Act 1903 (Cwlth)
Justices Act 1959 (Tas)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Mooting
Enrolment code: LAW407
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LAW Unit Details as at 13th June, 2002
Offered: Hobart: semesters 1 & 2
For details of this unit, please contact the Faculty of Law.
Faculty website <http://www.law.utas.edu.au/>
Foundations of Media and Information Technology
Law
Enrolment code: LAW602
Offered: Hobart: semester 1 Launceston: semester 1 [by video-link]
Provides students studying journalism and information systems with an introduction to
basic legal concepts and an overview of the major legal issues in their respective
disciplines. Topics include: the Australian legal system and the Australian Constitution;
basic common law principles; the balance between freedom of speech, defamation,
censorship and privacy; intellectual property law; regulation of electronic commerce; and
media regulation.
Staff Dr D Nicol (Coordinator), Ms S Hardy
Unit weight 12.5%
Teaching pattern 2x50-min lectures weekly; 1x50-min tutorials fortnightly (13 wks)
Assessment mode 3-hr open book examination (70%), coursework (30%)
Required texts etc
tba
Majors BSA HEJ
Courses [C3S] [R3A] [L3D] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Jurisprudence 1
Enrolment code: LAW611
Offered: not offered in 2002
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
other than the perpetrator; (2) of the justifications for punishment; (3) of the justification
for compensation.
Unit weight 12.5%
Teaching pattern 5x50-min lectures/seminars/tutorials fortnightly
Assessment mode 3-hr exam or 5,000-word assignment (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Jurisprudence 2
Enrolment code: LAW612
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LAW Unit Details as at 13th June, 2002
Offered: Hobart: semester 2
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 pattern 5x50-min lectures/seminars/tutorials fortnightly
Assessment mode 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 texts etc
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]
Faculty website <http://www.law.utas.edu.au/>
Jurisprudence 3
Enrolment code: LAW613
Offered: not offered in 2002
Introduces students to contemporary work in critical theory in jurisprudence. The unit
provides students with an understanding of the 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 pattern 2x50-min lectures weekly, 1x50-min tutorial fortnightly
Assessment mode 5,000-word research paper (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Jurisprudence 4
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LAW Unit Details as at 13th June, 2002
Enrolment code: LAW614
Offered: not offered in 2002
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 pattern 5x 50-min lectures/seminars/tutorials fortnightly
Assessment mode 3-hr exam or 5,000-word assignment (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Criminology
Enrolment code: LAW615
Offered: Hobart: semester 1
Special note: may be taken as a BSocSc(PoliceStudies) unit
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 pattern 50-min lecture, 120-min seminar weekly
Assessment mode 2 x 2,000-word assignments (40% ea), oral presentation, seminar paper
(10%), participation (10%)
Recommended texts etc
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]
Faculty website <http://www.law.utas.edu.au/>
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LAW Unit Details as at 13th June, 2002
Sociology of Law
Enrolment code: LAW616
Offered: not offered in 2002
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).
Unit weight 12.5%
Teaching pattern 2-hr lecture weekly, 1-hr seminar fortnightly
Mutual exclusions HAF209/309, HGA207/307
Majors HAF
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K] [R3A] [R3K]
Faculty website <http://www.law.utas.edu.au/>
Comparative Law
Enrolment code: LAW617
Offered: Hobart: summer school
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.
Staff Mr N Palmwe, Mr R Redmond-Cooper, Mr P McGovern
Unit weight 12.5%
Teaching pattern tba
Assessment mode 3-hr open-book exam or 5,000-word assignment (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Legal History
Enrolment code: LAW618
Offered: Hobart: semester 1
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
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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 pattern 2x50-min lectures weekly, 50-min tutorial fortnightly
Prerequisites HTA100 or LAW100 or equiv (eg for students enrolled in L3B, LLB,
completion of LAW20, LAW202 and LAW203).
Mutual exclusions HTA218/318
Assessment mode 3,000-word essay (50%), 2-hr exam (50%)
Required texts etc
a reader to be prepared
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
International Law
Enrolment code: LAW631
Offered: Hobart: semester 1
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 LAW635 Advanced International Law and is useful, though not required,
for LAW634 Human Rights, LAW633 Antarctic and Southern Ocean Law and LAW632 Law of
the Sea.
Staff Dr G Carne
Unit weight 12.5%
Teaching pattern 3 hrs lectures/seminars weekly unless otherwise advised
Assessment mode 2,500-word research essay (35%), open-book exam (65%)
Required texts etc
Dixon M, McCorquondale R, Cases and Material on International Law, 3rd edn, Blackstone,
2000.
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
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Law of the Sea
Enrolment code: LAW632
Offered: Hobart: semester 1
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 tba
Unit weight 12.5%
Teaching pattern 5x50-min lectures/seminars/tutorials fortnightly
Assessment mode 2,000 to 2,500-word assignment (50%), 3-hr open-book exam (50%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Antarctic and Southern Ocean Law
Enrolment code: LAW633
Offered: not offered in 2002
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 tba
Unit weight 12.5%
Teaching pattern 3x50-min lectures weekly, 50-min tutorial fortnightly
Prerequisites LAW631 is desirable
Assessment mode 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]
Faculty website <http://www.law.utas.edu.au/>
Human Rights
Enrolment code: LAW634
Offered: Hobart: semester 2
Examines the theory of human rights and their development in international law and
application in Australian domestic law. A consideration is made of the basic principles,
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instruments and issues in international human rights law. The international judicial
processes for the protection of human rights and the difficulties of enforcement are
discussed. A study is undertaken of the principles, development and application of
international humanitarian law. International human rights are also considered in an
Australian domestic context. The impact of human rights on Australian law and policy,
including constitutional and federal issues, as well as Australian legislative mechanisms
for human rights protection.
Staff Dr G Crane
Unit weight 12.5%
Teaching pattern 5–6 hrs of lectures/seminars fortnightly
Assessment mode 2,000 to 2,500-word research essay (35%), 3-hr open-book exam (65%)
Required texts etc
Piotrowicz and Kaye, Human Rights in International and Australian Law, ISBN 0409314153
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Advanced International Law
Enrolment code: LAW635
Offered: not offered in 2002
Builds on LAW631 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 pattern teaching pattern tba
Prerequisites LAW631
Assessment mode tba
Required texts etc
tba
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Law of the European Union
Enrolment code: LAW636
Offered: not offered in 2002
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
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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
Staff Mr R Piotrowicz
Unit weight 12.5%
Teaching pattern tba
Prerequisites LAW631 is useful
Assessment mode 3-hr exam or 5,000-word assignment (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Maritime Law
Enrolment code: LAW638
Offered: not offered in 2002
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%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Planning Law
Enrolment code: LAW641
Offered: not offered in 2002
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 pattern 2x50-min lectures weekly, 50-min tutorial fortnightly
Assessment mode 3-hour exam (80%), 1,500 to 2,000-word seminar paper (20%)
Recommended texts etc
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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]
Faculty website <http://www.law.utas.edu.au/>
Advanced Administrative Law
Enrolment code: LAW642
Offered: not offered in 2002
Explores in greater depth the principles examined in LAW203 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 pattern 5x50-min workshops fortnightly
Prerequisites LAW203
Assessment mode major assignment of 3,000-5,000 words (60%), 2 minor 750-word
assignments (40%)
Recommended texts etc
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]
Faculty website <http://www.law.utas.edu.au/>
Conciliation and Arbitration Law
Enrolment code: LAW643
Offered: not offered in 2002
For details of this unit, contact the Law Faculty.
Unit weight 12.5%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Advanced Constitutional Law
Enrolment code: LAW644
Offered: Hobart: semester 2
Falls into 4 parts: (1) the first familiarises students with the scope of important
Commonwealth powers including the trade and commerce power, the corporations
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power, the external affairs power, the defence power and the territories power; (2) the
second familiarises students with the executive and judicial powers of the Commonwealth
and with the relationship between judicial power and due process. (3) the third gives
students an understanding of the extent to which the Constitution protects civil and
political rights, including express rights such as the right to trial by jury, freedom of
religion, acquisition on just terms and the right to vote, and implied rights such as
freedom of political speech and assembly, freedom of movement, and equality in the
application of federal law. (4) the fourth gives students an understanding of potential
constitutional change, such as change to a republic or the adoption of a constitutional bill
of rights.
Staff Dr G Crane
Unit weight 12.5%
Teaching pattern 5x50-min lectures fortnightly
Prerequisites LAW203
Assessment mode 5,000-word research paper (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Environmental Law
Enrolment code: LAW645
Offered: Hobart: semester 1
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 M Stokes
Unit weight 12.5%
Teaching pattern 3x50-min lectures weekly, 50-min tutorial fortnightly
Assessment mode exam (80%), assignment (20%)
Required texts etc
Bates GM, Environmental Law in Australia, 4th edn, ISBN 0409308625
Environmental Defenders Office (EDO), The Environmental Law Handbook, ISBN 0646372017
Recommended texts etc
Bates G and Lipmann Z, Corporate Liability for Pollution, ISBN 0455216118
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Employment Law
Enrolment code: LAW646
Offered: Hobart: semester 2
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LAW Unit Details as at 13th June, 2002
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 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.
Staff Assoc Prof M Otlowski
Unit weight 12.5%
Teaching pattern 2x1-hr lectures weekly, additional lecture/seminar fortnightly
Assessment mode tba
Required texts etc
Wallace-Bruce, Outline of Employment Law, ISBN 0409314323
Recommended texts etc
Macken, McCarry and Sappideen, The Law of Employment, ISBN 0455214549
Creighton and Stewart, Labour Law: An Introduction, ISBN 1862872317
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Trade Union Law
Enrolment code: LAW647
Offered: not offered in 2002
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 pattern 2x50-min lectures weekly, additional 50-min lecture/seminar fortnightly
Prerequisites a knowledge of employment law is desirable
Assessment mode 3-hr open-book exam (100%)
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LAW Unit Details as at 13th June, 2002
Required texts etc
Creighton and Stewart, Labour Law: An Introduction, ISBN 1862872317
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Advanced Criminal Law
Enrolment code: LAW648
Offered: not offered in 2002
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%
Prerequisites LAW202
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Welfare Law
Enrolment code: LAW649
Offered: not offered in 2002
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%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Anti-discrimination Law
Enrolment code: LAW651
Offered: not offered in 2002
For details of this unit, contact the Law School.
Unit weight 12.5%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
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Faculty website <http://www.law.utas.edu.au/>
Media Law
Enrolment code: LAW652
Offered: Hobart: semester 2
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 Dr D Nicol
Unit weight 12.5%
Teaching pattern 110-min seminar weekly, 50-min tutorial fortnightly
Assessment mode 3x1,500-word assignments
Required texts etc
Butler and Roderick, Media Law, LBC, 1999
Recommended texts etc
Pearson M, the Journalist’s Guide to Media Law, 1998
Armstrong, Lindsay and Watterson, Media Law in Australia, 3rd edn, 1995
Majors HEJ
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K] [R3A]
Faculty website <http://www.law.utas.edu.au/>
Commercial Law
Enrolment code: LAW661
Offered: Hobart: semester 2
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 (Coordinator)
Unit weight 12.5%
Teaching pattern 110-min seminar weekly, 50-min seminar fortnightly
Assessment mode tba
Required texts etc
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LAW Unit Details as at 13th June, 2002
tba
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Tax 1
Enrolment code: LAW662
Offered: Hobart: semester 1
Special note: prereq for enrolment in LAW671 Tax 2
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 pattern 120-min lecture weekly
Prerequisites completion of all first-year core units
Assessment mode 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]
Faculty website <http://www.law.utas.edu.au/>
International Trade
Enrolment code: LAW663
Offered: Hobart: semester 1
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.
Staff tba
Unit weight 12.5%
Teaching pattern tba
Assessment mode tba
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
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LAW Unit Details as at 13th June, 2002
Intellectual Property
Enrolment code: LAW664
Offered: Hobart: semester 1
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 Dr D Nicol
Unit weight 12.5%
Teaching pattern 110-min seminar weekly, 50-min tutorial fortnightly
Assessment mode tba
Required texts etc
tba
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Internal Company Structure
Enrolment code: LAW665
Offered: Hobart: semester 2
Examines corporate liability as well as the methods by which a company may raise
finance. Corporate control transactions and 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 Dr CEP Haynes
Unit weight 12.5%
Teaching pattern 3x50-min lectures weekly, 50-min tutorial fortnightly
Assessment mode 3-hr open-book exam (100%)
Required texts etc
Ford’s Principles of Corporations Law, ISBN 0409315664
Recommended texts etc
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]
Faculty website <http://www.law.utas.edu.au/>
Trade Practices Law
Enrolment code: LAW666
Offered: Hobart: semester 1
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LAW Unit Details as at 13th June, 2002
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, Mr S Hardy
Unit weight 12.5%
Teaching pattern 5x50-min seminars fortnightly
Assessment mode tba
Required texts etc
Trade Practices Act 1974 (Cwlth)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Law and Finance
Enrolment code: LAW667
Offered: not offered in 2002
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 securities, including the mortgages of realty, chattel mortgages, debentures and liens,
priorities and current topics
Unit weight 12.5%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Personal and Corporate Solvency
Enrolment code: LAW668
Offered: not offered in 2002
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 pattern 5x50-min seminars fortnightly
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LAW Unit Details as at 13th June, 2002
Assessment mode tba
Required texts etc
Australian Bankruptcy Act 1966.
Corporations Law.
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Consumer Protection
Enrolment code: LAW669
Offered: not offered in 2002
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
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%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Information Technology Law
Enrolment code: LAW670
Offered: Hobart: semester 2
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 Dr D Nicol
Unit weight 12.5%
Teaching pattern tba
Prerequisites C3S: BSA101
Assessment mode tba
Required texts etc
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LAW Unit Details as at 13th June, 2002
tba
Courses [C3C] [C3S] [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Tax 2
Enrolment code: LAW671
Offered: Hobart: semester 2
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 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 pattern 2x120-min seminars weekly (7 wks)
Prerequisites LAW662
Assessment mode 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]
Faculty website <http://www.law.utas.edu.au/>
Regulation of Securities
Enrolment code: LAW672
Offered: not offered in 2002
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%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Financial Institutions Law
Enrolment code: LAW673
Offered: not offered in 2002
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
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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 weight 12.5%
Required texts etc
tba
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Elective 2 – Supervised Research
Enrolment code: LAW679
Offered: Hobart: semester 1 OR semester 2
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 students wishing to enrol in this unit must first consult the Academic Dean of the
Faculty of Law
Unit weight 12.5%
Teaching pattern consultation between student and staff member
Mutual exclusions LAW699 Elective 3 (Supervised Research)
Assessment mode 7,000 to 10,000-word research project
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Family 1 – the Family and the Child
Enrolment code: LAW681
Offered: Hobart: semester 1
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 LAW682 Family 2 – Financial Aspects of Family Law).
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; 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.
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Staff Assoc Prof MFA Otlowski
Unit weight 12.5%
Teaching pattern 3x50-min lectures weekly
Assessment mode 3-hr open-book exam (100%)
Required texts etc
Finlay, Bailey-Harris and Otlowski, Family Law in Australia, ISBN 0409310573
Recommended texts etc
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]
Faculty website <http://www.law.utas.edu.au/>
Family 2 – Financial Aspects of Family Law
Enrolment code: LAW682
Offered: Hobart: summer school
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 Prof F Bates
Unit weight 12.5%
Teaching pattern 3x50-min lectures weekly
Prerequisites LAW681 is desirable
Assessment mode 3-hr open-book exam (100%)
Required texts etc
Finlay, Bailey-Harris and Otlowski, Family Law in Australia, ISBN 0409310573
Recommended texts etc
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]
Faculty website <http://www.law.utas.edu.au/>
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LAW Unit Details as at 13th June, 2002
Succession
Enrolment code: LAW683
Offered: Hobart: semester 2
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 weight 12.5%
Teaching pattern 5x50-min lectures fortnightly
Assessment mode tba
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]
Faculty website <http://www.law.utas.edu.au/>
Conflicts (Private International Law)
Enrolment code: LAW684
Offered: Hobart: semester 1
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 pattern 5x50-min lectures fortnightly
Assessment mode assignment (30%), 2-hr open-book exam (70%)
Required texts etc
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LAW Unit Details as at 13th June, 2002
Davies M, Ricketson S, Lindell G, Conflict of Laws: Commentary and Materials, ISBN
0409307599
Mortensens R, Private International Law, ISBN 0409311073
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Information Law
Enrolment code: LAW685
Offered: not offered in 2002
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 pattern 5x50-min lectures/seminars/tutorials fortnightly
Assessment mode 3-hr exam or 5,000-word assignment (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Landlord and Tenant
Enrolment code: LAW687
Offered: not offered in 2002
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%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Sentencing
Enrolment code: LAW688
Offered: not offered in 2002
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
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LAW Unit Details as at 13th June, 2002
some common offences. Current developments in sentencing and sentencing reform are
also studied.
Unit weight 12.5%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Compensation Law
Enrolment code: LAW689
Offered: not offered in 2002
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%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Restitution
Enrolment code: LAW691
Offered: not offered in 2002
For details of this unit, contact the Law School
Unit weight 12.5%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Elective 1 (Jessup Moot)
Enrolment code: LAW692
Offered: Hobart: summer school
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 Ms W Lacey
Unit weight 12.5%
Teaching pattern no formal classes, but students are expected to work over the summer
under the supervision of staff
Prerequisites LAW631, LAW635 is desirable
Assessment mode moot participation (100%)
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
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LAW Unit Details as at 13th June, 2002
Elective 2 – Art Law
Enrolment code: LAW693
Offered: Hobart: summer school
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 students wishing to enrol in this unit must first consult the Academic Dean of the
Faculty of Law
Unit weight 12.5%
Teaching pattern consultation between student and staff member
Mutual exclusions LAW699 Elective 3 (Supervised Research)
Assessment mode 7,000 to 10,000-word research project
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Clinical Legal Education
Enrolment code: LAW694
Offered: not offered in 2002
For details of this unit, contact the Law School.
Unit weight 12.5%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Law and Ethics of Health Care
Enrolment code: LAW695
Offered: Hobart: semester 2
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.
Staff Prof DRC Chalmers
Unit weight 12.5%
Teaching pattern 5x50-min lectures/seminars/tutorials fortnightly
Assessment mode 3-hr open-book exam
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
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LAW Unit Details as at 13th June, 2002
Professional Conduct
Enrolment code: LAW696
Offered: Hobart: semester 1
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), Mr J Blackwood
Unit weight 12.5%
Teaching pattern 120-min seminar weekly
Prerequisites completion of first-year core units
Mutual exclusions LAW302 Lawyers and Legal Institutions
Assessment mode 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.
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Remedies
Enrolment code: LAW697
Offered: not offered in 2002
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
LAW200, LAW201, LAW401, and LAW303, and assumes that students are familiar with
the law covered in these units.
Unit weight 12.5%
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Heritage Law
Enrolment code: LAW698
Offered: not offered in 2002
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
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LAW Unit Details as at 13th June, 2002
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.
Staff Mr KF Mackie
Unit weight 12.5%
Teaching pattern 5x50-min lectures fortnightly
Assessment mode tba
Required texts etc
tba
Recommended texts etc
tbas
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
Elective 3 (Supervised Research)
Enrolment code: LAW699
Offered: Hobart: semesters 1 & 2
Special note: students wishing to enrol in this unit must first consult with the Academic Dean of
the Faculty of Law
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 pattern consultation between student and staff member
Mutual exclusions LAW693 Elective 2 (Supervised Research)
Assessment mode 15,000 to 16,000-word research project
Courses [L3B] [L3D] [L3E] [L3F] [L3G] [L3K]
Faculty website <http://www.law.utas.edu.au/>
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