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A career at King & Wood Mallesons offers you both global and

local opportunities, the most interesting work, the best training


and all the support you need to become a great lawyer. So, if
you’re smart, social and up for a challenge – get ready to...

SHAPE
YOUR
WORLD
With a vision to create a global law Vision
firm in Asia and a history of bold To create a global law firm in Asia
innovation, it’s only the beginning for
King & Wood Mallesons. Team maTes
Over 380 partners and 1,800 lawyers (biggest
Right now, you can become part of this
international legal network in Asia)
‘game changer’ for the legal industry
– as we deliver a new legal choice and RepuTaTion
help our clients realise their new world Over 100 international and Asia-focused
opportunities. For those who don’t
awards and 50 top-tier rankings
know us well, here’s a snapshot of what
we offer you today and tomorrow… LocaTions
Strategically positioned in the world’s growth
markets, financial capitals and the home of
information technology (21 offices globally
and the only international legal network to
be head quartered in Asia)

cLienTs
Global financial and corporate powerhouses
to new industry-makers to and all levels
of government (some for over 200 years)
UQLS ACKNOWLEDGEMENTS
Student contributoRs STAFF CONTRIBUTORS
Arthur Abal Prof. Jim Allan
Alison Black Dr. Mark Burdon
Johnny Black Mr. Andrew Caple
Nathan Boyd Dr. Clare Cappa
Vanessa Brown Prof. Jennifer Corin
Amelia Burnett Assoc. Prof. Heather Douglas
May-Ann Chen Mr. Russell Hinchy
Bryton Chin Dr. Nickolas James
Elizabeth Clare Ms. Barbora Jedlickova
Madde Copley Assoc. Prof. Nickolas James
Dayle Cranswick Assoc. Prof. Graeme Orr
Maja Cvjetanovic Assoc. Prof. Kerrie Sadiq
Isuru Devendra Assoc. Prof. Andreas Schloenhardt
Grace Devereaux
Lisa Di Marco
Alexandra Doney EDITOR
Benjamin M O’Sullivan
Catherine Drummond
Setina Forsyth
Dan Fuller PUBLICATION EDITOR
Luke Furness Lara Cavanough
Thomas Galloway
Aron Gibbs EDITORIAL TEAM
Kerrie Hales Lara Cavanough
Sophie Harburg Allister Harrison
Chad Hardy Thomas O’Donnell
Damon Hatchett Bridget Wood
Martyn Iles
Aanand Jayachandran
Lachlan Jolly EDUCATION TEAM
Alanie Joseph Ben C O’Sullivan
Cassandra Keenan (VP Education and Competitions)
Lester Kok Alison Black
Marina Kuchmenko Jack Siebert
Thomas Li
Tim Lloyd-Smith
Helen Maguire
SPECIAL THANKS
Julie Collins
Akash Mahendra Ingrid Riener
Abbey Mawby Chrysa Samios
Michael Maynard (VP Careers and Sponsorship)
Lucy McAuliffe Sharmaine Wells
Georgina Morgan
Anthony Mourginos
Stephen Muir DISCLAIMER
Andrea Noble The University of Queensland Law Society (‘UQLS’) provides this LLB Guide
Ben C. O’Sullivan (‘the Guide’) as a service to our members. Whilst every effort has been made
Chrysa Samios to ensure the accuracy of its contents, we disclaim absolutely any and all
Maritsa Samios liability for any damage of whatever kind, however caused, that occurs or is
James Schlunke suffered as a result of any error, inconsistency, omission or ambiguity that
may be found in the Guide. Excluding student reviews, all information in the
James Semit
Guide has been sourced directly from Law School staff or from The Universi-
Jack Siebert ty of Queensland website. Student reviews and results summaries are based
Jo Sri on past course offerings and may not accurately reflect changes to course
Tanushree Venaik content and administration for 2011. The views of students and lecturers
Tim Warwick contained herein do not necessarily represent the views of the authors of the
Erica Wilkinson Guide, the University of Queensland, TC Beirne School of Law, DLA PIPER,
Jake Williams or the UQLS. Reliance on the Guide is at the user’s own risk.
Sarah Wilson
Bridget Wood
Lauren Zanetti

5
CONTENTS
9 Foreword 15 Exam Tips

11 Your LLB 17 Problem Solving Skills

13 Assignment Advice 20 LLB Guide Key

Sem 1 Sem2
22 Compulsory Courses 66 Compulsory Courses
23 LAWS1111 Legal Method 67 LAWS1114 Law of Torts B
25 LAWS1112 Law and Society 68 LAWS1115 Principles of Public Law
27 LAWS1113 Law of Torts A 70 LAWS2112 Law of Contract B
29 LAWS1116 Constitutional Law 72 LAWS2114 Criminal Law and
30 LAWS2111 Law of Contract A Procedure B
31 LAWS2113 Criminal Law & Procedure A 74 LAWS2115 Administrative Law
33 LAWS3111 Law of Property A 76 LAWS3112 Law of Property B
34 LAWS3113 Law of Trusts A 78 LAWS3114 Law of Trusts B
35 LAWS4112 Corporate Law 80 LAWS3115 Law of Remedies
37 LAWS4113 Structure of the Private Law 82 LAWS4111 Jurisprudence

38 Elective Courses 84 Elective Courses


39 LAWS5122 Labour Law 85 LAWS5121 Family Law
41 LAWS5126 Medical Law 87 LAWS5125 Unjust Enrichment
42 LAWS5135 Law and Indigenous 89 LAWS5139 Insurance Law
Peoples 91 LAWS5153 Private International Law
44 LAWS5136 Commercial Law 93 LAWS5154 Public International Law
45 LAWS5138 Competition Law 95 LAWS5160 Maritime Law
47 LAWS5144 Introduction to Taxation Law 96 LAWS5169 Legal History
48 LAWS5151 Law and Technology 97 LAWS5171 Advanced Crime &
49 LAWS5152 Financial Services Criminology
Regulation 99 LAWS5189 Islamic Law
50 LAWS5165 Jessup International 101 LAWS5202 Immigration and Refugee
Law Moot Law
52 LAWS5172 Advanced Jurisprudence 102 LAWS5216 Law of Evidence
53 LAWS5180 Clinical Legal Education 104 LAWS5223 Advanced Tax
54 LAWS5183 Research Project A 105 LAWS5224 Special Topic B -
55 LAWS5208 Law Moot South Pacific Law
56 LAWS5212 Alternative Dispute 107 LAWS5225 Special Topic C -
Resolution Unrepresented Criminal Appellants
58 LAWS5213 Research Project B Program
(Research Group – Criminal Law) 108 LAWS5228 Privacy Law
59 LAWS5215 Civil Procedure
61 LAWS5217 The Legal Profession
63 LAWS5219 Advanced International &
Comparative Law
65 LAWS5226 Special Project

6 %: The percentage increase in the number of students receiving a grade of 5-7 for Law of Property A in 2011
UQLS SPONSORS
platinum sponsors
Corrs Chambers Westgarth
King & Wood Mallesons

gold sponsors
Allens Arthur Robinson
Ashurst
Clayton Utz
QUT Legal Practice Center

silver sponsors
Cooper Grace Ward
DLA Piper
Griffith University LPC
HopgoodGanim
Minter Ellison
Norton Rose

bronze sponsors
ANU Legal Workshop
Bain&Co
DibbsBarker
Freehills
PricewaterhouseCoopers
The College of Law

7
UQLS FOREWORD
If you find yourself reading these pages you may be enthusiastically preparing for the compulsory classes
ahead or carefully selecting your penultimate elective courses. Whether you fall into the above categories or
somewhere in between, it is my pleasure to present the DLA Piper LLB Guide, your unique guide to all law
courses offered at the University of Queensland in 2012.

Hard work and perseverance are undoubtedly key to achieving success in your studies at the TC Beirne
School of Law. However, the DLA Piper LLB Guide contains the extra tips and tactics that come only with
experience. Within these pages you will find a collaboration of the wisdom of past students and the advice
of lecturers alongside pertinent course statistics and data. The information offered ranges from practical
recommendations relating to textbooks and other course resources, to detailed assessment considerations
and guidance.

As always, the 2012 guide provides a comprehensive account of all law courses with a key focus on im-
proving student performance. Student reviewers were confronted with questions such as ‘How would you
approach this course were you to enrol again?’, while lecturers were sought after to recommend assess-
ment techniques. This year’s guide is a product of the UQLS Publication Team’s desire to present you with
this information in a design that is both exciting and coherent.

The guide before you is a testament to the diligence of the UQLS Education and Publications teams and
the generosity and expertise of our sponsors and of course staff. The importance of students’ contributions
must also be acknowledged. The DLA Piper LLB Guide is first and foremost a student driven publication. It
is you, the undergraduate students of TC Beirne, that guarantee the quality and accuracy of the LLB Guide
each year. I would like to thank you all for your invaluable submissions.

On behalf of the UQLS Publications team I wish you the best of luck for the year ahead. It is my sincere
hope that the DLA Piper LLB Guide will bring you one step closer to achieving your academic goals in 2012.

Lara Cavanough

UQLS Publications Team

9
SPONSOR AD HERE
UQLS YOUR LLB
PROGRAM REQUIREMENTS
LLB students are required to complete:

19 Compulsory LAWS Courses


9 Elective LAWS Courses (Students who wish to satisfy the academic requirements for admission to the le-
gal profession in Queensland MUST include LAWS5215 Civil Procedure, LAWS5216 Law of Evidence and
LAWS5217 The Legal Profession as part of the of these elective courses).

COURSE CHANGES
No major changes to compulsory courses.

CHANGES TO ELECTIVE OFFERINGS


LAWS5122 Labour Law is now a semester one course.
LAWS5125 Unjust Enrichment is now a semester two course.
LAWS5219 Advanced International & Comparative Law is now a semester one course.

NEW ELECTIVE OFFERINGS


LAWS5225 Special Topic C - Unrepresented Criminal Appellants Program
LAWS5228 Privacy Law

CONTACTS
LLB DIRECTOR
Dr. Clare Cappa
Ph. +61 7 3365 2252
Fax. +61 7 3365 1454
email: c.cappa@law.uq.edu.au

BEL FACULTY UNDERGRADUATE ACADEMIC ADMINISTRATIVE OFFICERS


Ph. + 61 7 3365 7111
Fax. +61 7 3365 4788
Email: bel@uq.edu.au

ADVISOR TO INTERNATIONAL STUDENTS


Dr. Ann Black
Ph. +61 7 3365 2243
Fax. +61 7 3365 1454
Email. a.black@law.uq.edu.au

ADVISOR TO STUDENTS WITH DISABILITIES


Dr. Clare Cappa
Ph. +61 7 3365 2252
Fax. +61 7 3365 1454
Email. c.cappa@law.uq.edu.au

ADVISOR TO ABORIGINAL AND TORRES STRAIT ISLAND STUDENTS


Dr. Peter Billings
Ph. +61 7 3365 7176
Fax. +61 7 3365 1454
Email. p.billings@law.uq.edu.au

11
ADVISOR TO LOW INCOME STUDENTS
Dr. Tamara Walsh
Ph. +61 7 3365 6192
Fax. +61 7 3365 1454
Email. t.walsh@law.uq.edu.au

Advisor to Gay, Lesbian, Bisexual and Transgender Students, and Advisor to Students on Gender Issues
Dr. Jonathan Crowe
Ph. +61 7 3365 7180
Fax. +61 7 3365 1454
Email. j.crowe@law.uq.edu.au

ADVISOR TO STUDENTS ON GENDER ISSUES


Dr. Francesca Bartlett
Ph. +61 7 3346 7526
Fax. +61 7 3365 1454
Email. f.bartlett@law.uq.edu.au

12 : The number of students that completed Research Project B in Semester 1, 2011


ASSIGNMENT ADVICE
FROM THE DESK OF MR. RUSSELL HINCHY
The following points are not intended to be an exhaustive list. However, the list identifies
some common problems that arise across different non-examination items of assessment such
as: research assignments and essays involving independent student research; a problem solving as-
signment involving given hypothetical circumstances; or case analysis of the judgments in a particular
court decision. Some of the points identified below might appear obvious but the issues do arise.

1 Plagiarism is an extremely important issue for a law student. Plagiarism amounts to


academic misconduct and this must be disclosed prior to admission as a legal practitioner.
Collusion between students when completing assessment amounts to plagiarism (unless
the assessment involves group work). All students must be familiar with the Law
School’s document, ‘Avoiding Plagiarism When Conducting Legal Research’. This
document was forwarded to all students during second semester 2011. It will also be
forwarded to commencing first year students in 2012.

2 Answer the required task, comply with the assignment/essay instructions and have a
clear understanding of the marking/criteria prior to commencing the task. Do not make
assumptions in this regard. If unsure, clarify any issues with the course co-ordinator e.g.
whether the maximum word length includes direct quotations and/or footnotes. However,
it is important that students show some initiative in completing the required task because
usually a particular task does not have only ‘one’ correct approach or answer.

3 Clarity of reasoning is an essential aspect of any assignment. This is so even if ‘clarity of reason-
ing’ is not a specific criterion to be taken into account in marking. For example, sometimes a student
contradicts himself/herself within an assignment and this detracts from the overall strength of argument.
The line of reasoning must be consistent from the introduction through to the conclusion. However, this
does not mean that counter arguments should not be raised in an assignment. This raises the issue of
‘sitting on the fence’ i.e. addressing an issue from opposing points of view without coming to a definite
conclusion or without selecting one line of argument and following this through. If students are warned
against ‘sitting on the fence’ or if such a comment is made by the marker in feedback, this does not
mean that students should not address weaknesses in a particular line of reasoning. Often a particular
assignment task is intended to raise counter arguments and these should be addressed as part of the
overall line of reasoning. This does amount to ‘sitting on the fence’. Confronting weaknesses in argu-
ment provides evidence of in depth analysis.

4 Achieve a proper balance between scope of analysis and depth of analysis. This balance de-
pends on the nature of the assessment task. For example, a problem solving task involving a hypo-
thetical situation might involve several issues and sub-issues that have to be addressed. In view of the
maximum word length, a decision must be made regarding prioritising the importance of the issues and
sub-issues. In relation to a research assignment, a balance has to be made between the number of
secondary sources used and the depth of analysis of each source. In writing a research assignment it is
important that evidence of research is provided. This is the nature of the task. In saying this, rather than
merely referring to a large number of secondary sources in footnotes without proper analysis, a research
assignment should provide evidence of in depth analysis of the most relevant secondary sources. This
is an important skill that students should try to develop at law school.

13
5 Do not use secondary sources such as journal articles for the purposes of case analysis.
Case analysis must be carried out through analysis of the actual judgments of a court
decision as the primary source and the assignment/essay must provide clear evidence that
this has occurred. Use relevant secondary sources to ascertain and evaluate the opinions
of commentators. This is a very important issue that students should always keep in mind.

6 Comply with the third edition of the Australian Guide to Legal Citation (AGLC). Talk to
a law librarian if a particular circumstance does not appeared to be covered by the AGLC.
Students should also be familiar with the Law School’s A Guide to Citation of Sources
and Writing Style in Assignments.

7 Always use the authorised version of a law report where a particular decision is reported
in an authorised report. Only use one case citation when referencing a particular decision
in a footnote. Do not reference both authorised and unauthorised case citations for the
same decision.

8 During the assignment/essay do not change between different versions of a case citation
when referencing the same decision. This suggests that the student has analysed a
particular decision through various secondary sources rather than through the actual
judgments of the decision.

9 Be accurate when analysing the opinion of a commentator in a journal article or the basis
of the reasoning in a particular judgment. In relation to case analysis of an appellate court
decision, do not be selective when stating the basis of the decision. In other words, do not
rely solely on the approach taken in one judgment when this is at odds with the majority
approach taken in the decision. If a student prefers the basis of the reasoning contained
in a dissenting judgment, then the fact that it is not the approach of the majority must be
clearly stated.

10 Always check whether a first instance decision or a Court of Appeal decision has been taken on
appeal. Sometimes students rely on a particular decision without identifying or acknowledging that it has
been considered by a higher court.

14 % of students received a grade of 4 For Public International Law in 2011


UQLS PROFESSOR ALLAN'S
FIVE BASIC EXAM TIPS
1 Remember that an exam is just a rough-and-ready way of distinguishing between
the abilities of large numbers of students. Over time, sitting lots of exams, they do a good job
of sorting people out. But in any single exam you can be lucky or unlucky with questions. That’s
just life.

2 An exam is the only socially acceptable time for bragging. You are shamelessly
showing the marker how clever and knowledgeable you are. So do that. And remember that hid-
ing what you don’t know is as important as showing what you do know. You are competing with
everyone around you.

3 Answer the question. At least half of any class wanders off on irrelevant tangents. Yes,
there will be parts of the curriculum not asked about on the exam. And yes, you’ve invested a
lot of time studying it. Too bad. People who insist on just regurgitating what they’ve studied (and
many students do this) get lower marks. I barely caricature when I give this implausible example.
Question: Explain Hart’s theory in chapter 9 of the Concept of Law. Answer: What a good ques-
tion. But before I get to chapter 9 let me tell you what Hart said in chapters 1 to 8 because I’ve
spent a fortnight studying this and I’m sure you’ll want to hear about it.

No. You get little or no credit for this. Answer what you’re asked. We assume you know what we don’t
ask, a nice, polite little fiction. If you go off topic you get no credit and worse, if you get it wrong you
lose marks. Of course really smart students can sometimes work in things that don’t initially seem rel-
evant to the question but can be made so. But the general rule is a good one. Answer the question.

4 Be ruthlessly careful with your time. If there are three questions of equal value in a
three hour exam NEVER go over time for any question. Even if you have Nobel Prize winning stuff
left to say on your first answer after writing for an hour, stop. Why? Well, assume what you’ve writ-
ten this far on that first answer is worth 78 out of 100. In the next 10 or 15 minutes of continued
writing, even if it’s Nobel Prize quality, what will you achieve? Maybe you’ll move from a 78 to an
85 or 86, maybe. That’s 8 marks out of 100. If you start another question in 10 or 15 minutes of
writing you could be struck down by paralysis and barely be able to write anything at all and you’d
still get more than 8 out of 100. It’s called the diminishing marginal utility of time. Unless you can
say absolutely nothing about some question, a complete zero, never go over time.

You can always leave a small space at the bottom of an answer and after answering all the other ques-
tions come back and make a few points there at the end. But stop when the allocated marks for a ques-
tion indicate you should, however much you have left to say.

5 Take a bit of time to plan your answers. This ensures you don’t leave stuff out, which
can happen to anyone in the heat of answering a question.

15
PROBLEM SOLVING SKILLS
COURTESY OF THE LEARNING HUB, STUDENT SERVICES, THE UNIVERSITY OF QUEENSLAND

Introduction
WHAT IS A PROBLEM?
A problem is a question for which neither the answer nor the method of solution are immediately
obvious. In other words, you have a problem if you haven’t already been taught a straightforward
algorithm (i.e. “recipe”) for how to answer the question.

TIPS AND OBSERVATIONS ABOUT PROBLEM SOLVING


UNDERSTANDING THE PROBLEM
•May need several readings of the question.
•May need the information in the question reorganised into tables or graphs or translated into a diagram
in order for sense to be made of it (e.g. a social worker might draw a diagram indicating the relationships
and dynamics of the relationships between the people who are having an important impact on their
client’s life).
•May need you to start actually trying to solve the problem! (Trying a few things and seeing what
happens can lead to insights into what a question is actually asking!)

SOLVING THE PROBLEM


•Identify and collect relevant information and/or formulas which might be useful in solving the problem.
Relevant information could be things given in the problem, such as contextual factors which need to
be taken into account or factors in a case or medical history, or additional information not given in the
problem but which are needed to address the problem.
•Where relevant, consider first the full range of possible solution options, then use a process of
elimination to decide which is the best to pursue in this instance (cf. a doctor considering which of
several treatment options would be best for a particular patient).
•May require the trialling of several different solution approaches before you hit on the right one.
•The difficulty many novices face is not that they don’t have the requisite knowledge, but that they have
trouble identifying and activating the relevant knowledge that they do have.
•So, try to see failed/incorrect solution methods as learning experiences and perhaps clues to where the
correct answer or approach might lie rather than indications of a lack of intelligence or ability on your
part!
•Also, don’t just stare at a problem and hope the answer will just pop into your head – put pen to paper
and try out a few things!

IF A PROBLEM SEEMS UNSOLVABLE


•Try reframing it (remember the problem of the slow lift being reframed as a problem of people
getting bored while waiting for it).
•Check that you aren’t making any unnecessarily restrictive assumptions
•Try a different method or approach.
•Try tackling a simpler similar problem to see if that gives you any insights into solving the more complex
problem.
•Put it aside and try again another day – you may need to “clear your mind” so you can approach the
problem from a different angle.
•Seek help – while there’s value in struggling with things yourself, sometimes you just don’t know
enough to solve your problem.
•Remember though, that problem solving success is often just as much about perseverance as it is
about knowledge and skill – so don’t give up too quickly! (Recall that Einstein took several years to
finally figure out the full details of his general theory of relativity.)

17
ONCE YOU HAVE A SOLUTION
•Check that it seems reasonable;
•Review what was finally successful to see if you can learn any general principles from what you
experienced.
•Problem solving abilities, like any other abilities, can only be improved through sufficiently regular,
reflective practice. Some reflection questions that you might find helpful as you’re working through a
problem are:
•What (exactly) am I doing?
•Why am I doing it?
•How does it help me?

FURTHER READING
D. Perkins (2000), The Eureka Effect: The Art and Logic of Breakthrough Thinking, New York: W W
Norton and Co.

18 %: The percentage difference between the number of students achieving a grade of 5-7 in Law of Trusts A in 2010 and 2011
UQLS LLB Guide Key
SYMBOLS ABBREVIATIONS

LEARNING GUIDE
C CONTACT HOURS pER
SEMESTER

LECTOPIA
L LECTURE

PAST EXAM
FEEDBACK NA NOT APPLICABLE

POWERPOINT SLIDES
S SEMINAR

TUTORIAL NOTES
T TUTORIAL

20 % of Students that commenced their degree post 2008 do not think that participation in extra curricular
ac tivities should be formally recognised by the law school
matching ambition

with opportunity
You’ve worked hard. Done well. You have ambition.
You can match your ambition with the many opportunities at Ashurst. Ask us how.

www.ashurst.com/graduates

blake dawson is ashurst,


australia’s new global law firm.
SEMESTER ONE COMPULSORY COURSES
legal method
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mr. Russell Hinchy In the context of an analysis of the structure and origin of the Australian legal
Classes: system, students gain fundamental knowledge and develop essential skills in rela-
13L 10T tion to: legal reasoning, case analysis, precedent theory and identification of ratio
decidendi; fundamental legislative principles and legislation; theories and principles
of statutory interpretation; legal research and legal writing.

STUDENT PERSPECTIVES
CONTENT
Legal Method provides an introduction to the Australian legal system. The course explores how the le-
gal system works, case analysis, statutory interpretation and the development of the common law. The
content was, for the most part, practical and engaging, though slow to start.

CLASSES
The classes were clear and engaging. Russell Hinchy is a wonderful and passionate lecturer but can
sometimes get caught up in unnecessary detail. While some of the material was dry it was evident that
the subject matter was important and relevant.

The tutorials provided the opportunity for group discussion. The tutorial are very similar in style to those
in the exam and thus worth completing. I would recommend writing down the answers provided by tu-
tors as they can be brought into the open book exam for reference. The weekly workload was manage-
able and in terms of reading, is a lot lighter than other first year subjects such as Law of Torts A.

ASSESSMENT
The course assessment in 2011 was comprised of an assignment, an online quiz, and an open book
exam. The online quiz was based on the library skill sessions which are held early in the semester. The
quiz was relatively easy for those who attended the sessions and assists in developing research skills
which are necessary for later subjects. The assessment was well-timed and structured very well for an
introductory course however there was little feedback given for the assignment.
The exam is open book and as with the quiz, those who had done the readings and attended lectures
and tutorials were very well prepared.

RESOURCES
The lecturer set up feedback sessions that were very useful. He even dedicated slots of around 40-50
minutes for one on one time with students who required further assistance. They were fantastic and
students should aim to utilise them fully.
Lectopia and detailed powerpoint slides were always provided however the slides were not always
available before the lectures. Past exam feedback could be obtained by attending consultation with
the lecturer.

TEXTBOOK
The recommended textbook was extremely useful and often reflected the structure of lectures. Many
tutorial exercises were based on information contained in or questions taken from the textbook. It would
be advisable to tab the main parts of each chapter for reference in the exam. The exam is open book
so you can save a great amount of time by doing this.

23
RECOMMENDATIONS
Reading through the textbook is vital preparation for the exam. Be sure to complete the past exam ques-
tions and tutorial questions. Although preparing a good set of notes is necessary, it is difficult to remem-
ber the content when you haven’t actually applied the knowledge.

Focus on the process of identifying the ratio of cases as well as statutory interpretation. Develop a clear
method for questions concerning these key topics.

Attend the library skills sessions. The research skills gleaned from these sessions assist not only in this
course, but in all other assessment.

1 2 3 4 5 6 7

1% 2% 0% 31% 43% 18% 5%

24 : t he number of students enrolled i n Clinical Legal Education in Semester 2, 2011


LAWS1112 Law and Society
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Dr. Nickolas In most law courses you will learn the doctrinal details of a particular area of law. In
James this law course, you will approach the law from a different perspective. You will learn
Classes: about law’s various cultural, philosophical, ideological, political and ethical contexts,
13L 10T and acquire the critical thinking skills and critical disposition necessary for your later
studies in law.

The course will be presented as a series of 12 Topics:


1. Critical thinking
2. Critical skills
3. Law in popular culture
4. Legal education
5. Jurisprudence
6. Liberalism
7. Judicial reasoning
8. Rights and liberties
9. Access to justice 1
10. Law, gender and race
11. Ethics
12. Law and nature

LAWS1112 is an introductory level law course. It is however assumed that you are either in the pro-
cess of completing, or have already completed, the course LAWS1111 Legal Method. You are also ex-
pected to approach this course with an open mind, and to be prepared to think in ways with which you
are not necessarily familiar. You are expected to prepare for lectures by doing the prescribed readings
and to prepare for tutorials by completing the weekly summaries. Most importantly you are expected
to demonstrate the traits of a critical thinker: a thirst for knowledge, a concern to engage in disciplined
thinking, an ability to practice intellectual courage, and a willingness to question your own beliefs and
assumptions.

The prescribed text is N James, Critical Legal Thinking – 3rd ed (Pearson, 2011).

Classes consist of a two hour lecture and a one hour tutorial each week. Lectures will commence in
Week 1, and will include guest lectures by distinguished judges, practitioners and academics. Tutorials
will commence in Week 2.

Your final grade for the course will be based upon your preparation for and participation in the weekly
tutorials (10%), a major essay due 11 May (30%) and a final written exam (60%).

Some comments by previous students


• Overall it was a great course which really made me think about a variety of issues I hadn’t previ-
ously considered. Thanks!
• I definitely am a changed person as a result of taking this course and I will look at laws with a
new frame of mind.
• Fantastic course. An absolute must for all law students. Really helped to broaden my perspec-
tives and understanding. Thank you!

25
STUDENT PERSPECTIVES
CONTENT
The course content was focused on the impact of law on the society in general and many legal theories
which have been developed by philosophers in this area. The course also gave a set of methods for
analysing claims relating to legal theories. This material was often abstract and not particularly applica-
ble to other first year subjects, but was challenging for a student without a creative mindset.

CLASSES
The course classes were objective and often interesting. The course material was abstract and quite
different from the content of other level one courses. The lectures were very similar to the textbook.
Some students managed to skip the readings, or complete them instead of the lectures fairly easily.
The weekly workload was manageable.

ASSESSMENT
The course assessment included ‘Tutorial Participation’ marks which were awarded if students provided
a sufficiently meaningful answer which was within the length guidelines. In addition, there was a com-
pulsory assignment that was based on one of the tutorial responses. Abundant feedback was provided
on the assignment. As long as one took the task seriously it was fairly easy to do well. A very long time-
frame was given for the assignment. The topic was available at the start of the semester but the task
was not due until approximately Week 11/12.

RESOURCES
The lecture slides were provided well in advance of lectures. These were comprehensive and extremely
similar to the textbook. Each week there was also an set of extra readings provided on Blackboard.
These related to the weekly tutorial exercises. Tutorial notes, a learning guide and past exam feedback
were also provided.

TEXTBOOK
The prescribed textbook follows the structure of the lectures almost exactly. It gives a complete outline
of the terms that are applicable to the course as well as the structure of a legal argument. In addition,
the textbook is split into the topics that are covered and give examples of things that can be written
about during tutorial responses. However, it is possible to complete the course and achieve a decent
grade without purchasing the text book.

RECOMMENDATIONS
Choose a tutorial topic that is in the early to middle area of the semester and have the assignment
completed well in advance of the deadline. This will allow more time to study for the final exam.

Have multiple perspectives on each issue prepared before the tutorials as you may be asked to advo-
cate a different position.

2011DIST 1

1%
2
2%
3

0%
433%
5637% 19%
7
9%

26 more students received a grade of 7 in Law of Torts A than in Law of Torts B in 2011
Law of torts A
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Prof. John This course explores the nature of the law of tort including intentional torts against
Devereux the person and torts in relation to the use and enjoyment of land and chattels.
Classes: Students are introduced to the tort of negligence including modification by the Civil
13L 10T Liability Act 2003 (Qld).

STUDENT PERSPECTIVES
CONTENT
Law of Torts A provides a fascinating overview of the different torts available. The course was divided
into two main areas: intentional torts (which included trespass to person, land and chattels) and negli-
gence (i.e. the elements of duty, breach, causation and remoteness). Negligence was more challeng-
ing than intentional torts, as the approach to answering questions in this area was less formulaic, and
required the use of both case and statute law. The content covered in the negligence area in Torts A
provides an underlying basis for the content of Law of Torts B.
This course is the most challenging of all the first semester, first year law courses, purely because of the
large amount of content and the technical nature of the material. The content is interesting, challenging
and practical.

CLASSES
The lectures were extremely clear and engaging. The weekly workload was significant but not insur-
mountable. To receive a good grade, at a minimum, one would need to read and understand the learn-
ing guide material and prepare for the tutorials. Professor Devereux was great as a tutor; he reinforced
important points and cases, and provided a clear structure for answering questions. Tutorials are very
important, it would be extremely difficult to achieve a high mark on the exam without attending all the
tutorials.

ASSESSMENT
The assessment in this course consisted of an optional assignment and an exam. The exam rewarded
those who had undertaken study throughout the semester and attended tutorials. Marks were allocated
fairly and gave a good chance of receiving a high mark.

The criteria for the optional assignment was very specific and many students were not satisfied with
their grades or the feedback provided. The assignment is worthwhile for those who tend to get stressed
during exam times and generally do better on assignments than on exams. However for those students
who are able to consistently keep up with the content in the course, I would advise against doing the
optional assignment, as it could potentially pull one’s grades down and may be very time-consuming. It
is definitely possible and perhaps even easier to get a 7 by choosing to only do the exam.

RESOURCES
Lectopia and powerpoint slides are not provided for the first half of the course. The learning guide
includes detailed case summaries and all the important elements of the course material. Tutorial notes
were not provided for students and past exam feedback is only available if past exam questions are
used as tutorial exercises.

27
TEXTBOOK
The main textbook for the course is Balkin & Davis. I would have found it difficult to pass the course
without this text, however, some students managed to do so comfortably. The readings from Balkin &
Davis are difficult to understand on the first read and can be quite lengthy. The second textbook (Clarke,
Devereux & Werren) is is easier to read, but does not cover all of the topics in great detail. The end-of-
chapter problems with detailed answers in the Devereux text were was very helpful during exam revi-
sion.

RECOMMENDATIONS
It is physically impossible to learn all the content required to do well in this course without studying well
in advance. Keep up to date with the weekly readings and attend all the course classes. I would also
recommend doing brief notes for each topic every week. Complete several negligence questions before
the exam. It is an important area that is almost definitely examinable.

0%
2
1%
3

0%
4
26%
5 47%
6
18%
7

9%

28 % of students received a grade of 6 for Law of Property B in 2011


LAWS1116 CONSTITUTIONAL LAW
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Prof. Suri This course continues the study of state & federal constitutional law introduced
Ratnapala in LAWS1115 Principles of Public Law. The course will examine the constitutional
Classes: relationship between the States and the Commonwealth, the subjects of Common-
13L 10T wealth legislative power, constitutional rights & freedoms, government finance, free
trade and the amendment of the State and Commonwealth Constitutions.

STUDENT PERSPECTIVES
CONTENT
The content of this course is diverse and conceptually challenging. It covers various constitutional pow-
ers, studying a different power each week, as well as how to amend state and federal constitutions.
There is some overlap with Principles of Public Law.

CLASSES
The tutorials were usually based on a hypothetical piece of legislation of which you had to assess the
validity. The tutors were of a resoundingly high standard across the board. The weekly workload was
moderate, but the readings were quite intense, sometimes up to 3 chapters per week. It is possible to
get through the course without completing all the readings in their entirety.

ASSESSMENT
Students who completed the assignment generally received better grades overall for this course. The
average mark for the assignment was very high and few students regretted completing it. The final exam
contained 4 equally weighted problem questions, out of which you completed 3.

RESOURCES
Lectopia was always made available. The Powerpoint slides were very comprehensive and functioned
essentially as a learning guide as well.Tutorial notes were provided but were not detailed. I would not
recommend using these notes as an alternative to attending tutorials.

TEXTBOOK
The two Ratnapala textbooks are very comprehensive. One covers principles and the other case sum-
maries. The cases and commentary text was particularly useful for detailed exploration of course
content; the foundations and theory text provides a road-map of constitutional law. I found the principles
textbook to be just a more detailed version of the Powerpoint slides.

RECOMMENDATIONS
Read the textbooks thoroughly.
Definitely attend all tutorials, they provide invaluable exam techniques.
The exam problem questions are usually limited to one topic each. Don't bother trying to
study the different topics together.

2011DIST 1
1%
2
6%
3

0%
4
29%
5 32%
6
25%
7
8%

29
LAW OF CONTRACT A
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Prof. Nick Gaskell This course introduces the concept of contractual obligation, including the rules
Classes: relating to formation of contract, terms and exemption clauses.
13L 10T

STUDENT PERSPECTIVES
CONTENT
This course focuses on the formation of an agreement between parties whereas Law of Contract B is
concerned with how such an agreement can be discharged. A major focus of the course was the inter-
pretation of terms within a contract and the provisions of the Australian Consumer Law. The content has
the potential to be practical, however, it has a focus on English law and older cases.

CLASSES
The classes were generally clear. However, one lecture often spanned over two weeks and it was
therefore important to be aware of where the lecture was recommencing otherwise it was easy to get
lost. The tutorials are worth attending and preparing for. They usually consisted of reading a case and
answering a problem-style question. The readings were time consuming but worthwhile for a clearer
overview of topics.

ASSESSMENT
The course is assessed on the basis of an optional assignment and an exam. Most students found the
optional assignment straight-forward and that it increased their grades overall.
Studying for the exam was quite difficult based on the sheer number of cases. It would be advisable
to make a succinct case list for the purpose of revision. The 2011 exam had a focus on the Australian
Consumer Law.

RESOURCES
The Learning Guide provided some useful information that was additional to the lecture content. De-
tailed lecture slides were also provided. I found that the slides contained too much information, I believe
I absorbed less of the content stated by Professor Gaskell as a result.

TEXTBOOK
I would recommend both the prescribed and recommended textbooks (the Cases and Materials text as
well as Principles of Contract Law). The Cases and Materials text contained helpful case summaries
while Principles of Contract Law elucidated the lecture and Learning Guide material. The Cases and
Materials book could be easily borrowed from the library.

RECOMMENDATIONS
I would recommend completing the optional assignment.
Keep on top of the readings and begin learning the cases progressively throughout the semester. There

4 5 6
are an extremely large number of cases which are very difficult to learn just before exams.

2011DIST 1 2 3 7
1% 8% 0% 36% 34% 15% 6%

30 %: The percentage increase in the number of students achieving a grade of 5-7 for Law of Torts A in 2011
laws2113 criminal law & Procedure A
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Assoc. Prof. Criminal law is of fundamental concern in any society. The role of the criminal law
Andreas and the relationships between crime, punishment, law, justice, and morality are the
Schloenhardt subject of continuing and frequently bitter debate.
Classes:
13L 10T

Criminal Law & Procedure A offers an introduction to many issues of contemporary criminal justice in
Queensland. Students in this course are invited to critically reflect on their relationship to the criminal
law as citizens, as future practitioners of the discipline, as victims, and, perhaps, as potential subjects of
its sanctions.

Criminal Law & Procedure A has two main aims. The first aim is to provide a critical introduction to
the principles of criminal responsibility under the Queensland Criminal Code, federal criminal law, and
(where relevant) at common law. The second aim is to impart skills in the techniques of analysis of
existing and proposed law; and enhance students' abilities to communicate and discuss controversial
issues of contemporary criminal justice, research relevant legislation, case law, and other literature.

Criminal Law & Procedure A enables students to acquire a competent understanding and problem-
based approach to the application of the criminal law in the following areas:
1. Principles of criminal responsibility; subjects and sources of criminal law; elements of criminal liability;
burden of proof.
2. State and federal criminal law dealing with a selection of fatal and non-fatal offences against the per-
son (including sexual offences); offences of stealing and dishonesty; drug offences.
3. Extensions of criminal liability.
4. Defences (excuses and justifications).

Criminal Law & Procedure A is critical in its orientation. Students in this course are expected to do more
than just acquire a body of knowledge and develop skills in the application of principles and analysis of
criminal responsibility. Students are also expected to consider the aims of the criminal law, limitations of
criminal liability, and avenues for law reform and policy change in this field of study.

Criminal Law & Procedure A is delivered in an interactive way with students expected to engage in dis-
cussions and collaborate with each other. For this reason, Lectopia is not used in this course.

The assessment in this course involves two separate pieces of assessment that are closely connected
to the lectures and tutorials each week. For this reason, it is absolutely essential that students attend all
lectures and tutorials. Furthermore, because the lectures and tutorials are interactive (and not read out
from a script), it is important that students read the required material and prepare relevant tutorial ques-
tions in advance. Lack of regular attendance and participation will result in great difficulties (and
generally poorer performance) in the assignments.

31
STUDENT PERSPECTIVES
CONTENT
The course focuses on the substantive aspect of criminal law: proving the elements of particular
offences. Although this forms the basis of the law, Criminal Law and Procedure B is probably more
readily applicable and pertinent to the practice of criminal law. The content is very interesting for
some, and tedious for others. Criminal law has a different feel to private law courses and suits some
people better than others. In particular, Andreas’ lecturing style and course structure is very polarising.
You will either love it or hate it. Notwithstanding this, it is quite easy to follow and if you turn up, keep
up with the content and follow his instructions it is very easy to do well.

CLASSES
Essentially the tutorials work as practice for the assignments, covering both problem and essay style
questions. They provide great practice for the assignments, and are not particularly time consuming.

ASSESSMENT
The assessment comprised of two written assignments, both offering a choice between two ques-
tions. The latter question provided the option to do an essay style answer. This advantaged some and
disadvantaged others. It was sometimes hard to effectively manage time to complete these assign-
ments with other course assessment.

Some students disliked that all of the assessment was focused on one or two topics. But really it is
the analytical style that is the focus of the course. The feedback on the first assignment was timely
and informative. Again, if Andreas’ style is followed it is not all that difficult to obtain a good grade.

RESOURCES
The lack of Lectopia is particularly frustrating. However, Prof. Schloenhardt’s textbook covers almost
everything he will say in the lecture, and in more depth. The most useful aspect of the lectures is learn-
ing Andreas’ teaching style. Given that the assessment is solely assignment-based, it is almost impossi-
ble to see past paper feedback. Tutorials are therefore the best resource for both feedback and becom-
ing accustomed to the assessment style.

TEXTBOOK
The textbook is very useful as it covers the same content as the lectures, and in more depth.

RECOMMENDATIONS
Begin the first assignment early and predict the topic for the second assignment (which is fairly easy).
Start researching the second assignment before it is released.

2011DIST 1
2%
2
5%
3

0%
4
25%
5 42%
6
22% 4%
7

32 :The average number of students achieving a grade of 7 across all level 4 compulsory LAWS courses
LAW OF PROPERTY A
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Dr. Darryn The course offers an introduction to the concept of, and theoretical bases for,
Jensen private property. The course also considers the analytical nature of property rights,
Classes: including the nature of rights in rem, types of property rights, emergent types of
13L 10T property, and the modes of vindicating property rights.

STUDENT PERSPECTIVES
CONTENT
The course covered a variety of topics, loosely held together by a study of the “life cycle of property”.
This included the creation of property rights (possession, ownership), characteristics of property rights
(bailment, security interests) transfer of property rights (gifts, sale of goods), restitution, and extinguish-
ment of property rights (competing rights and other mechanisms). The course does not cover real prop-
erty as that is the domain of Law of Property B.

CLASSES
The tutorials were sometimes very basic, but occasionally content was presented only in tutorials,
so attendance was necessary. In 2011, the earlier lectures had a slow pace and were easy to follow.
However, some of the later lectures covered a vast array of topics very quickly, for this reason Lectopia
was quite valuable. Be prepared in particular, for a large amount of content to be covered in lectures five
and six. In 2011, the lecturer also held a SWOTVAC lecture which considered past exam questions and
allowed time for studens to ask questions. This was extremely helpful.

ASSESSMENT
The compulsory assignment offered several topics to choose from and was manageable.The final exam
reflected the course content. Most students found the marking of the final exam to be fair.

RESOURCES
The Lectopia recordings were of great assistance in content heavy weeks.

TEXTBOOK
The textbook was quite simplistic. It was easy reading and consolidated some topics, but not necessarily
in a comprehensive manner. It is probably best suited to pre-lecture reading. That is not to say that read-
ing it was not helpful, but a focus on the course content as presented in the lectures and tutorials is where
a student’s emphasis should lie.

RECOMMENDATIONS
There is no special approach needed to course, simply keep up with the lectures and learn the content
as you go. Take special care not to neglect the course work during the semester as the array of topics
will likely seem confusing and insurmountable during SWOTVAC. Also, I would probably not bother with
the text if you are short on reading time.

1
1%
2
3%
3

1%
4
29%
5 6
41% 20%
7
6%

33
LAWS3113 LAW OF TRUSTS A
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Assoc. Prof. Law of Trusts A introduces the nature and history of the equitable jurisdiction and
Peter McDermott the law of trusts, focusing upon the creation of trusts, both testamentary and inter
Classes: vivos. The classification of trusts is also explored. The application of trusts to
13L 10T commercial and other situations is also considered.

STUDENT PERSPECTIVES
CONTENT
The course began with several lectures on the general nature of equity and went on to consider the na-
ture of trusts. In terms of trusts law, there was an emphasis on the cases. The number of cases covered
was manageable but students were expected to know the key cases in some depth.

CLASSES
Some students found the initial lectures on equity a little dry. This was probably because the introduc-
tory lectures do not cover a lot of case law. When the course switched to trusts law, this was no longer
an issue. The tutorial atmosphere was quite relaxed, especially in the first half of the semester. The
initial tutorials involved short answer type questions relating to basic principles such as the nature of
equity. Get into the habit of arriving prepared to these classes. Some students who did not prepare for
the initial tutorials had difficulties with the problem style questions in later weeks.

ASSESSMENT
The assessment consists of a 30% mid-term assignment and a 70% final exam. The assignment was
marked leniently. The purpose of this assignment was to encourage students to research cases. The
exam contained problem questions primarily, hence assignment performance was not necessarily a
good indicator of exam performance. Some students were unhappy with their exam results and the
feedback provided.

RESOURCES
The Learning Guide provided an outline of the course and was useful for checking that key topics had
not been missed in student’s notes. It was advisable to rely more on what is stated in lectures. The
lecturer used slides, but do not rely primarily on these. It is best to rely on his commentary on principles
and especially his summaries of cases.

TEXTBOOK
The textbook was useful for expanding on the case summaries and lecture notes. In general students
found that they had enough reading to contend with without considering the prescribed text.

RECOMMENDATIONS
Read the asterisked cases in the Learning Guide.
Have a broad knowledge of the course content, in 2011 some key topics (such as the Rule of
Perpetuities) were not assessed, while more abstract issues were.

2011DIST 1
0%
2
2%
3
0%
4 5 6
30% 45% 17%
7
6%

34 % of students received a grade of 5 for Patent and Trademark law in 2011


Corporate Law
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Dr. Andrew Corporate Law is a study of aspects of the law concerning companies, including the
Johnston nature of corporate bodies, corporate personality and limited liability, formation, man-
Classes: agement and governance, finance and liquidation.
13L 10T

STUDENT PERSPECTIVES
CONTENT
The course focuses on the many facets of corporate law including: corporate personality, corporate con-
tracting, corporate governance, minority shareholder protection, capital and debt, and insolvency. The
Corporations Act is examined in depth. Overall, Corporate Law is extremely interesting and practical as
it is relevant and applicable to nearly every other area of law.

CLASSES
The lectures were well structured and stimulating. The lecturer did a fantastic job of making the course
content both interesting and relevant. The tutorials were extremely beneficial. Students were expected
to have prepared and were called upon to step through hypothetical problems and apply the relevant
law. It was in the tutorials that students really became familiar with and learnt how to apply the
Corporations Act.

ASSESSMENT
The assessment was fair and well timed. A 30% mid-semester exam covered the first six weeks of con-
tent while the 70% final exam placed emphasis on the content of the final weeks of the semester. Both
exams were open book. The exams were not overly difficult, just time consuming. The tutorials provided
a clear indication of the exam questions. If you prepared for the tutorials then you were likely to do well
in the exam. While general exam feedback was provided to the cohort, no specific feedback was written
on exam papers.

RESOURCES
The Learning Guide was quite brief and students were expected to use it as a foundation to build on
with lecture, textbook and tutorial notes.Powerpoint slides were limited to helpful diagrams and extrac-
tions from the Corporations Act. Lectopia was provided and past exam papers and feedback were
made available on Blackboard well in advance of the exams.

TEXTBOOK
The Boros and Dunns textbook supplements the lectures well; I would recommend purchasing it. In
saying this I think it would be possible to complete the course without the textbook if you were attentive
during lectures. The Ford textbook goes into greater detail however it is too comprehensive to read as
your primary text. If you’re really stuck, Lipton and Herzberg is written for business students so it is a
little bit easier to understand. However, do not use this text alone. Journal articles are abundant in this
course and are interesting and useful to read.

Purchasing the Corporations Act at the beginning of the course is a must. It is referred to continually
throughout the lectures and tutorials. It’s a large act, so it is important to begin flagging it and become
familiar with it from the beginning of the course.

35
RECOMMENDATIONS
Keep up with the course content and appreciate the Corporations Act. Understanding the relevant
sections of the Act will ensure a good result.

Definitely prepare answer plans for the final exam and become familiar with the cases from the be-
ginning of the semester. This is a course in which a practical answer is acceptable; don’t be afraid to
draw logical conclusions.

1%
2
2%
3
4%
4
23%
5 6
31% 24%
7
15%

36 % percent of students received a grade of 6 for Law and Society in 2011


LAWS4113 Structure of the private law
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mr. Russell This capstone course is an advanced level examination of the foundations, organisa-
Hinchy tion and purposes of the private law in Australia. Structure of the Private Law seeks
Classes: to provide students with the opportunity to synthesise, evaluate and reflect upon their
13S prior learning and to develop their research, collaboration and communication skills in
preparation for the transition to professional practice and/or post-graduate study.

STUDENT PERSPECTIVES
CONTENT
The course focused on the theoretical underpinnings of the private law. This resulted in the course
being largely concentrated on the theories of corrective and distributive justice. Some students lost
interest in the content as it consisted of topics that had been taught previously and had limited practical
relevance.

CLASSES
The classes were structured as a 2 hour lecture followed by a 1 hour seminar. The classes seemed
disorganised with there being little nexus between the teachings of the multiple lecturers used during the
course. In 2011, the lectures were not particularly relevant to the assessment.

ASSESSMENT
In 2011, the assessment consisted of a 100% group assignment which was broken down into a 30% re-
search proposal and a 70% research project. Little feedback was provided throughout the course which
left many students unsure of whether the work they were submitting was of sufficient quality. In 2012 the
course assessment includes a 70% research assignment and a compulsory 30% exam.

RESOURCES
Lectopia and Powerpoint slides were made available to students.

TEXTBOOK
There was no prescribed text for this course in 2011.

RECOMMENDATIONS
Strong organisation within your assignment group and self-motivated study would be the keys neces-
sary to succeeding in this subject.

2011DIST 1 2 3 4 5 6 7
0% 0% 0% 29% 28% 32% 12%

37
SEMESTER ONE Elective COURSES
LABOUR LAW
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Labour Law is focused on the federal law regulating employment. The course seeks
Assoc. Prof.
to develop student awareness of this practical and important area, covering both
Graeme Orr
individual and collective aspects, and common law, constitutional and statutory is-
Classes:
sues. It also places the black-letter law in its political context, including the balance
13L 5T
between employee protection and economic efficiency. Students should note that this
course does not cover discrimination or occupational health and safety law.

STUDENT PERSPECTIVES
CONTENT
This course focused upon the law that regulates employment and workplace relations within Australia.
Given the politically sensitive nature of employment law, the course not only presented the black-letter
law but also placed it within a political and social context. It emphasised the current position of the law
but also provided some comparison with the law under previous governments.

It is not a technically difficult course and is overall very useful (even for those who do not wish to prac-
tice as solicitors) as it focuses on very topical issues.The course was not as content heavy as many
other law courses.

CLASSES
The lecturer was engaging and clearly had a passion for this area of law. He also attempted to pro-
vide a fairly objective view of the subject matter. The fact that disputes between employers and unions
are frequently splashed across the media ensured that there was always something topical to discuss
in class.

ASSESSMENT
The assessment was evenly spread with an assignment due in Week 9 (40%) and then a final exam
(60%). The assignment was a hypothetical in which we were asked to advise a prospective client about
an unfair dismissal claim. The material covered in class provided us with most of the information need-
ed to complete the assignment. The final exam was closed book but was not onerous as students were
not required to remember a huge amount of substantive material.

RESOURCES
The Powerpoint slides set out brief summaries of the lectures and included the key cases to note. All
lectures were also recorded on Lectopia. Practice questions were also covered during some of the lec-
tures and these were very useful for exam and assignment preparation.

TEXTBOOK
The textbook was fairly useful in preparation for the exam and in doing the assignment. It was very
easy to follow and understand. One criticism would be that it is a little basic and so further reading is
necessary if you wish to obtain a better grade.

39
RECOMMENDATIONS
If I were to enrol in this course again I would do some background reading on workplace relations and
unions in Australia. People who are avid followers of current affairs and politics will have no problem
diving straight into the course but for those who are not, I would suggest familiarising yourself with the
basic framework no later than a few weeks into the course. It is important to get a grasp of the social
and political context in which employment law disputes take place as well as the developments that
have occurred as a result of successive governments. If you understand the basic concepts early on
you will find this course clear and engaging.

1
0%
2
2%
3
0%
4
18%
5 6
53% 23%
7
4%

40 % percent of students are more likely to choose an elective that provides lectopia according to the 2011 UQLS Eds survey
LAWS5126 MEDICAL LAW
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Professor John Medical law examines the law as it relates to selected aspects of medicine and
Devereux medical practice including medical negligence, medical battery, abortion, euthanasia,
Classes: property rights in human body parts, competency determinations and product liability.
13L 5T

STUDENT PERSPECTIVES
CONTENT
The course content was similar to Law of Torts A with a medical focus. The material was very interesting,
focusing largely on the law of negligence. Topics such as the law surrounding organ donation and sale,
abortion and euthanasia were either covered only briefly, or missed entirely. Some students were disap-
pointed by the content, as it focused primarily on negligence, rather than other niche issues. While there
are several pieces of legislation revelant to practitioners of medical law, most are not examined in depth.
As a result the course content is not entirely practical.

CLASSES
The lectures were entertaining and engaging. It is very easy to take notes during the lectures. Lectopia
and Powerpoint slides are not available, so attending is a must. The tutorials provided good preparation
for the exams.

ASSESSMENT
In 2011, students completed a mid-semester and final exam. Both exams were very straight forward,
no trick questions were thrown into the mix. This meant that students absolutely had to have a strong
handle on the nuances of the course content to receive a good grade. Most students found the course
easy to pass, but difficult to excel in.

RESOURCES
The Learning Guide provides a good overview of the course. Lectopia and Powerpoint slides are not
supplied.

TEXTBOOK
The prescribed textbook is very useful. It contains case extracts and is mostly very easy to read.

RECOMMENDATIONS
Take note of the journal articles in the textbook. In 2011, a question on the final exam related closely to
an article that was referred to in passing in the first lecture, but was examined extensively in the text.

2011DIST 1

0%
2

0%
3

0%
4
16%
5 6 7
42% 30% 12%

41
LAW AND INDIGENOUS PEOPLES
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mrs. Margaret This course involves a study of the relevant laws and policies governing the rights of
Stevenson and the issues faced by the Indigenous peoples of Australia, both nationally and under
Classes: International Law. Included in this study will be an analysis of Australian native title law
3S and Indigenous cultural heritage law. Additionally, this course affords the opportunity for
a comparative study of the laws and policies governing Indigenous peoples in USA,
Canada and New Zealand.

STUDENT PERSPECTIVES
CONTENT
This is an extremely interesting course. The content is spread evenly over four different jurisdictions:
Australia, New Zealand, The United States of America and Canada. You will be given a deep insight
into the history and laws relating to the Indigenous Peoples of each jurisdiction. The first four weeks of
the course focus on social justice. From week four onwards, the land rights (e.g. Native Title) of Indige-
nous Peoples around the world is considered. Students need to learn practical content only for the final
exam, which focuses primarily on how a Native Title claim is made and the process that is involved.

CLASSES
The course begins one month before Semester one and ends one month before SWOTVAC. I found
this to be quite useful when it came time to knuckle down before exams, knowing that I only had three
courses to worry about. Each week there is one seminar which runs for approximately 3 hours. Each
seminar is taken by a professor from his/her respective jurisdiction. There are no tutorials and no tuto-
rial work that needs to be done. The first eight to ten seminars are all video-linked and streamed live
around the world. The final two to three seminars are taken by Margaret Stephenson and are Australian
law specific.For all of the seminars the readings are listed in the Learning Guide. However, unless the
topic of the seminar relates to your chosen assignment topic (or is Australian law specific) you will not be
assessed on it. Therefore, pre-seminar preparation and weekly workload is pretty minimal. Definitely do
not skip the seminars. I found them to be very engaging and thought provoking. All of the professors are
extremely passionate, and this passion really shines through in their presentation of the content.

ASSESSMENT
There were two pieces of assessment for LAWS5135. Firstly, there was an individual (70%) compara-
tive essay in which students compared aspects of the law relating to indigenous peoples in various
jurisdictions (Australia, New Zealand, USA and Canada). It was left to students to select a topic and
choose when to begin writing. I recommend selecting topic as early as possible so that you can flag
those lectures that relate to your chosen topic. Mrs. Stevenson was more than happy to offer feedback
for the assignment. Secondly, there was a (30%) exam that covered Indigenous laws and policies. The
exam covers Native Title claims in Australia. This content is taught by Mrs. Stevenson over three to four
seminars.

RESOURCES
The Learning Guide is of little use. It should not be relied on to provide useful content for your assign-
ment or exam. Mrs. Stephenson usually offers to take the class through a Native Title problem style
question a week or two before the final exam. I recommend taking it seriously because it will strongly
reflect your exam question.

42 % of students received a grade of 4 for Family Law in 2011


TEXTBOOK
The prescribed textbook is very useful. It contains case extracts and is mostly very easy to read.

RECOMMENDATIONS
Focus on the topics that directly relate to your assignment and exam. In terms of the assignment,
students shound select a topic very early and discern which video link class will be relevant. There are
no lecture slides for the important seminars. I strongly recommend being prepared to type every single
word that is said. These notes will be invaluable for exam preparation.

1
0%
2
0%
3
0%
4
6%
5 6
60% 24%
7
10%

43
LAWS5136 Commercial Law
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mr. Paul O’Shea This course addresses some of the issues which arise in commercial law practice
Classes: such as agency, sale of goods, bailment, insurance, and business to business trade
13L 5T practices law.

STUDENT PERSPECTIVES
CONTENT
This course provides an overview of a wide number of aspects of commercial law; due to time con-
straints, each subject is treated quite generally. The content includes the drafting and construction of
commercial agreements in the first few weeks, then moves onto the law of agency and the general
nature of the law of sale of goods and the rules for deceptive and misleading conduct under the Com-
petition and Consumer Act. The course is quite practical and following the 2011 Queensland floods the
section on insurance was topical.

CLASSES
Classes were reasonably well structured. However, the lecturer can be a chaotic presenter, who will
at times go off topic with irrelevant stories and examples. The course load is easy to moderate. Some
of this material is quite dry, and is best completed with colleagues. There were only 5 tutorials for this
course, each addressing major topics. The tutes and their focus questions proved very helpful while
studying for the final exam. An easy 10% of your marks comes from tutorial attendance.

ASSESSMENT
The assessment includes a 45% closed-book mid-semester exam, and a 45% open-book final. Both
exams were relatively straightforward content-wise. However, many students found themselves pressed
for time. To an extent the exams assess your exam technique rather than knowledge. Study time
may be better spent practising to write and answer questions quickly rather than learning voluminous
amounts of information. It is incredibly beneficial to bring past exam answers into the final exam as
most of the questions will be quite similar. Notepool has some solid notes covering all of the examinable
topics. The course coordinator is quite helpful if you need to see him during consultation hours.

RESOURCES
Mr. O’Shea generally uses the same lecture slides each year. Sometimes these are not updated before
the lecture and he will make amendments when they are presented. As such, relying on the lecture
slides alone is a bad idea.

TEXTBOOK
As commercial law is essentially a splattering of a number of different legal areas, a single textbook isn’t
really applicable. It is not essential to buy the recommended text. Mr. O’Shea refers moderately to page
numbers and chapters, so the library high-use copy should prove sufficient. I would recommend avoid-
ing generic commercial law books, and seaching for a textbook on agency law instead.

RECOMMENDATIONS
Practice your exam technique because you knowledge will be of little use if you can’t get it written-
down in time. Allocate a significant amount of time to study for the mid-semester exam.

2011DIST
1
1%
2
8%
3
0%
4 5
32% 32%
6
20%
7
7%

44 % of respondents to the UQLS Eds survey believe that students at TC Beirne are well informed of the consequences of
plagiarism
COMpetition law
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Ms. Barbora Competition law significantly influences the economic welfare of society including the
Jedlickova welfare of individuals - companies and consumers. The Competition Law Course
Classes: offers an opportunity to learn about an increasingly important area of commercial law.
13L 5T
This course will provide a comprehensive introduction to Australian competition law and policy dealing
with mergers and anti-competitive conducts such as cartels and misuse of market power within monop-
olisation. It will consider the role and function of the Competition and Consumer Act 2010 (Cth) (CCA) in
contributing to Australia’s National Competition Policy. The CCA aims to preserve competition by pro-
hibiting conduct which restricts or prevents competition. We will examine the anti-competitive conduct
provisions of the CCA, their development, current doctrine and the legal and economic concepts and
policy drivers underpinning those provisions. We will also consider the role of the Australian Competi-
tion and Consumer Commission (ACCC) in enforcing the CCA and the remedies available to it and to
private parties should a contravention be established. Some references will also be made to compara-
tive aspects of United States antitrust law and the competition law of the European Union. This course
will include various interactive and practical activities. It will develop students’ knowledge of Australian
competition law and ability to solve complex legal problems. Familiarity with competition law and
economics is not a prerequisite.

STUDENT PERSPECTIVES
CONTENT
This is a highly interesting course on what does and what does not constitute anti-competitive conduct.
The course is different to the typical traditional law course in the sense that it draws on various eco-
nomic principles in the process of legal analysis. Accordingly, various aspects of the course straddles
economics and law. The course examines, inter alia, the process of market definition, cartels, misuse of
market power and the concept of ‘substantial lessening of competition’. In 2010, the course was taught
in intensive mode by a partner of Minter Ellison. The course was very practical with a strong empha-
sis on real world problem solving whilst maintaining a sound introduction of theoretical legal and eco-
nomic concepts. Doing well in the course requires sound understanding of basic economic principles.
The legal principles are based on economic theories of free markets and competition. If you have not
studied basic economics, then greater time will need to be spent on grasping these concepts, which are
not difficult to understand but may initially appear a little foreign. Overall, a highly recommended course
particularly for those who plan to practice in commercial law or in any area relating to mergers and
acquisitions.

CLASSES
The classes are very engaging. In 2010, the course was taught in intensive mode over two weekends,
so consumption of a sound quantity of energy drinks was essential in staying focused (a point clearly
embraced by the lecturer).

ASSESSMENT
There was a take home exam and a final exam. Both were challenging but were not marked very
harshly despite being taught by a competition law guru.

RESOURCES
The prescribed textbook was available to be purchased, with a Learning Guide and Powerpoint slides.

45
TEXTBOOK
The prescribed textbook written by Professor Stephen Corones is very comprehensive and highly
recommended.

RECOMMENDATIONS
This is a fair course. Work hard and you will see results.

1 2 3 4 5 6 7
0% 4% 0% 29% 39% 23% 5%

46 % of students have not participated in mooting because they do not have the time according to the 2011 UQLS Eds survey
LAWS5144 Introduction to taxation law
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mr. D Burton This course provides an Introduction to basic concepts of income tax legislation such
Classes: as income, residence and source; timing of recognition of receipt of income; capital
13L 5T gains; allowable deductions and treatment of trading stock.

STUDENT PERSPECTIVES
CONTENT
The course was heavily focused on personal income tax. It was a good subject to take because you
are guaranteed to use what you learn in practice, just by filling out your own tax return. Number haters
should fear not, the course involved minimal calculations. Rather, it was centred on the legal principles
and cases that determine which numbers to include/exclude.

CLASSES
The tutorials were essential and gave practical application to the law learnt in lectures. The review
lecture was on point and helpful for the exam. The lecturer altered the focus of the lectures to expand
on points that the students demonstrated interest in and taught in an incredibly engaging way. I actually
looked forward to classes (a first in four years of law).

ASSESSMENT
Both the mid-semester exam and the final were very fair. The mid-sem was closed book but early in the
semester so the content was manageable. The essay topic on the final had been properly discussed in
class and gave scope for opinionated discussion to counterbalance the factual application in the other
questions.

RESOURCES
The slides were incredibly detailed and getting down the information you required was no trouble at all.

TEXTBOOK
The textbook was rather expensive but you can’t live without the copy of the legislation it contains.

RECOMMENDATIONS
Read the examples in the taxation rulings mentioned in class. I can’t stress this enough. They may just
form inspiration for the exam questions, and if you’ve read the tax rulings you already know the answer.

2011 DIST 1 2 3 4 5 6 7
0% 1% 0% 34% 36% 22% 8%

47
LAW and Technology
COURSE OVERVIEW
Offered: Law and Technology considers the legal and commercial rules and issues
Semester 1 underpinning electronic commerce, including electronic banking,
Coordinator: transnational electronic business transactions, electronic sale of goods and
Mr. Alan Davidson verification, cybercrime, jurisdictional issues and privacy.
Classes:

5 6
13L 5T

1 2 3 4 7
0% 0% 0% 21% 51% 23% 5%

48 : The increase in the number of enrolments in Criminal Law and Procedure A in 2011
LAWS5152 FINANCIAL SERVICES REGULATION
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mr. Paul This course provides an overview of the law of financial services including: theories
O’Shea of regulation; financial services regulatory history, instruments and agencies; bank-
Classes: ing law; negotiable instruments; letters of credit; industry codes of conduct; financial
13L 5T reporting; and the regulation of financial advisers, planners and dealers in financial
products.

STUDENT PERSPECTIVES
CONTENT
The course was divided into two sections taught by Mr. Alan Davidson and Mr. Paul O’Shea. The course
covered instruments and methods used to finance transactions, regulatory theories, the Australian
framework for financial regulation under the Corporations Act and the banker-customer relationship.
While still interesting, the course had a much greater focus on actual financial and banking transactions
rather than regulation itself.

CLASSES
The lectures were valuable in gaining an understanding of the course content that probably would have
been difficult to achieve through written material alone. The weekly workload was fairly average for an
elective subject, however as there are only five tutorials, not all topics were able to be covered.

ASSESSMENT
There was a mid-semester and final exam, both of which were compulsory. The mid-semester exam
was on the content covered by Mr. Davidson, while the final covered the content taught by Mr. O’Shea.
The exams were fairly consistent with the material taught in class and in tutorials, however the time we
were given to complete them was quite short.

RESOURCES
Both Mr. Davidson and Mr. O’Shea provided detailed lecture notes off which they based the majority of
their lectures. Alan Davidson’s notes are quite long, and also went into far more detail than was covered
in lectures.

TEXTBOOK
There was one prescribed textbook for the course, which provided a useful overview on the content
covered. However, it did cover the topics in much greater depth than was necessary for the course.

RECOMMENDATIONS
Firstly, make sure you keep on top of the material each week, as the material tends to span a number of
weeks rather than beginning a separate topic each lecture. It can be quite difficult to follow what is being
taught in lectures otherwise. Finally, make sure you manage your time well in the exam. Particularly in
the final, in order to answer all questions you need to complete them quite quickly.

2010 DIST 1 2 3 4 56 7
0% 3% 0% 20% 37% 31% 9%

49
JESSUP international law moot
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Dr. Anthony Offered in conjunction with student participation in Jessup International Law Moot
Cassimatis Competition. Students represent the Law School in this prestigious competition
Classes: which involves both oral advocacy & preparation of written submissions. Students
NA wishing to enrol in this course should first make an application to the coordinator.

STUDENT PERSPECTIVES
CONTENT
This course involves participation in the Jessup international law moot. The Jessup is one of the largest
mooting competitions in the world and is regarded as one of the most prestigious. You work in a team
of five students over the summer holidays. You are presented with a problem scenario raising various
issues of public international law, often including issues about treaty interpretation, the law of armed
conflict and state sovereignty. You argue the case for both sides. You are required to prepare two,
9,000-word ‘memorials’ outlining your submissions for the applicant and the respondent. Around one
month later, you will go to Canberra to present oral submissions in a standard moot format (two speak-
ers, 40 minutes total). If you reach the finals in Canberra, you will do it all again in Washington DC in
March.

Participating in the Jessup requires a notoriously large time commitment. You should expect to spend
your entire summer holidays researching, writing and participating in practice moots. There are two
reasons for this. The first is that the problem scenario is long and dense, and raises legal issues that
you will almost certainly not be familiar with even if you’ve studied public international law. The second
reason is that you will need a lot of practice to hone your mooting skills to a level that will be competitive
in Canberra. Having said that, the opportunity to research and learn about a broad range of interna-

CLASSES
Most of the first half of the Jessup will involve sitting in a small room in the Law Library poring over trea-
ties, books and journals and discussing issues and arguments with your teammates. In that way it is like
a very intense self-guided study session. You can call on your coach and faculty advisor for some guid-
ance, and can get some general assistance from other academic staff, but outsiders have a very limited
role under the Jessup rules so you’ll be mostly on your own.

You will have much more contact with others after your memorials are submitted and you move on to
doing practice moots. Practice moots are generally judged by law faculty staff, former Jessupers and
other knowledgeable outsiders, so by that time you’ll be getting much more feedback on your work than
you probably wanted!

ASSESSMENT
The assessment is your participation in the competition -- preparation of memorials and involvement in
moots. You will not necessarily speak in the actual competition in Canberra, but you will be expected to
do practice moots.

RESOURCES
The Law Library (and librarians) will be your main resource. Traditionally participants in the Jessup Moot
have had first call on relevant items in the UQ Law Library and the librarians are extremely helpful in
tracking down more esoteric material from other libraries. You will also have access to Dr. Cassimatis’s
Learning Guide from the public international law course, which is very comprehensive but necessarily
general. The nature of the Jessup is that most of your research will be self-guided, but again, that’s part
of the attraction.

50 % of students achieved a grade of 5 in Public International Law in 2011


TEXTBOOK
Not applicable.

RECOMMENDATIONS
I’ve made the Jessup sound fairly daunting and it is. It is also an experience that you will not get any-
where else in your university career (and maybe even in your post-university career). Your research
and advocacy skills will improve immensely and you’ll probably find your subsequent law courses a lot
easier. You will learn to work better in a team. You will also work harder than you probably have or will
in any other course and suffer significantly more stress. If you can handle this, and you have a passion
either for international law or for arguing about seemingly inane legal technicalities, I highly recommend
this course.

1
0%
2
0%
3
0%
4
0%
5
0%
6
0%
7100%

51
LAWS5172 ADVANCED JURISprudence
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Prof. Jim Allan An advanced analysis of selected issues in legal philosophy, including the ethical
Classes: dimensions of law, and sociological, economic and epistemological theories of law
3S and society.

STUDENT PERSPECTIVES
CONTENT
LAWS5172 is legal philosophy on steroids. As a general guide, if you didn’t like the compulsory Juris-
prudence subject, you probably won’t like this (though I’m sure there are some exceptions). The course
goes through the works of various philosophers, dealing not only with legal theory, but sociological and
economic philosophies as well. This is a highly theoretical course, looking at why the law is the way it is.
Future politicians and law reformers would benefit from being forced to think about this stuff. Practical
law courses often lose their relevance over time, as the law is constantly changing, but the philosophi-
cal justifications for the existence of those laws are much more lasting. I found advanced jurisprudence
reasonably challenging and very interesting. It greatly improved my critical thinking and my ability to
develop rational arguments, and these skills have served me well throughout the rest of my degree.

CLASSES
Classes were taught as 3-hour seminars rather than separate lectures/tutorials. Having two lecturers
meant that we encountered a broader range of perspectives and theoretical methodologies over the du-
ration of the course. The lecturers were fairly even-handed in their treatment of the different philosophi-
cal traditions.

ASSESSMENT
There was one assignment and one final exam, both of which were relatively easy. Thanks to the small
class sizes, it was easy to get lots of detailed feedback.

RESOURCES
There aren’t any prescribed textbooks. Don’t buy anything for this course (unless the readings are
available in a compilation printout). Just do as many of the recommended readings as possible.

TEXTBOOK
Try to do the readings before each week’s seminars, and participate actively in class discussions.
Sometimes it can feel like a waste of time to be debating ideas in class when you’ve already made up
your mind about a particular issue, but the point of the discussions is to let you practice your rhetorical
skills and explore the nuances of your standpoint. You can learn a lot by being forced to explain your
point of view to others.

RECOMMENDATIONS
Try to do the readings before each week’s seminars, and participate actively in class discussions.
Sometimes it can feel like a waste of time to be debating ideas in class when you’ve already made up

6
your mind about a particular issue, but the point of the discussions is to let you practice your rhetorical
skills and explore the nuances of your standpoint.

2011DIST 1
0%
2
0%
3
0%
4
8%
5
22% 46%
7
24%

52 : The number of students who achieved a grade of 6 in The Legal Profession in 2011
CLINICAL LEGAL EDUCATION
COURSE OVERVIEW
Offered: This clinical legal education course provides students with the opportunity to
Semester 1 engage in supervised legal practice.
Semester 2 A range of clinics will be available each semester.
Coordinator:
Dr. Tamara Walsh (1)
Mr. Paul O’Shea (2)
Classes:
36C

STUDENT PERSPECTIVES
CONTENT
This course immerses students in the day to day operations of a range of legal clinics. The course
content is contingent upon the legal clinic of placement. All the clinics are practical, with the majority
involving case work. The exception to this is the Research Clinic, which requires students to engage in
a semester-long group research project. Each clinic exposes students to disadvantaged members of the
community. An open mind is essential for this course. Students should be prepared to have their percep-
tions about the legal system and social welfare challenged.

CLASSES
Working at the legal clinics is both interesting and inspiring. Students are expected to attend one day
per week. Attendance outside of these hours is not mandatory however, many students found them-
selves willing to volunteer more of their time.

ASSESSMENT
The assessment consisted of two reflective essays: 500 words at mid-semester, and 1000 words at the
end of semester. Apart from these, attendance and participation are key.

RESOURCES
The resources of the community legal centres are made available to students.

TEXTBOOK
There are no textbooks for this course.

RECOMMENDATIONS
Keep an open mind and be ready and willing to invest yourself in this extremely rewarding course.


PASS 100%
FAIL
0%

53
LAWS5183 RESEARCH project A
COURSE OVERVIEW
Offered:
Semester 1 This course provides an opportunity for students to
Semster 2 pursue in some depth an area of special interest
Coordinator: under the supervision of a member of the Law School
Prof. academic staff. Further guidelines are available from
Jennifer Corin the Law School.
Classes:
26C

STUDENT PERSPECTIVES
CONTENT
When you are accepted into the research project you will be given a topic area (which is one of your
preferences in your application). From there it is up to you to negotiate with your supervisor a more
refined scope to focus on. I found the course to be absolutely brilliant. Primarily because it allowed me
to focus on an area of the law I was interested in and pursue indepth research into it. It can at times be
challenging, but that is all part of the fun of it as well. This is a highly theoretical course, looking at why
the law is the way it is. Future politicians and law reformers would benefit from being forced to think
about this stuff. Practical law courses often lose their relevance over time, as the law is constantly
changing, but the philosophical justifications for the existence of those laws are much more lasting. I
found advanced jurisprudence reasonably challenging and very interesting. It greatly improved my
critical thinking and my ability to develop rational arguments, and these skills have served me well
throughout the rest of my degree.

CLASSES
Not Applicable.

ASSESSMENT
30% Literature Review - not more than 10 pages. This was due in the first few weeks of semester.
70% Dissertation - 8000 words. Due just before exams.

RESOURCES
The course provides plenty of resources to guide you on blackboard. The actual content of your project
is obviously up to you to find. End Note training is also provided - and useful!

TEXTBOOK
Not applicable.

RECOMMENDATIONS

6 7
Start the research and get in touch with the supervisor during the holidays. The sooner you know what
you are going to be writing about, the easier.

2011DIST 1
0%
2
0%
3
0%
4
8%
5
22% 46% 24%

54 % of students received a grade of 5-7 for Family Law in 2011


LAW MOOT
COURSE OVERVIEW
Offered:
Semester 1
Semester 2
Coordinator: The course will involve mooting on a topical legal issue or
Dr. Sarah field of law. Moots will vary from year to year. Refer to the
Derrington Law School website for current competition and topic.
Classes:
NA

STUDENT PERSPECTIVES
CONTENT
The maritime law moot involved the preparation of written submissions and then making oral submis-
sions at the competition itself. The written submissions were 25 pages in length for both claimant and
respondent. The oral submissions are in an arbitration format before professional arbitrators, legal
professionals and leading maritime law academics. The course was very interesting and involved
working closely with Professor Sarah Derrington who coached the team. Professor Derrington was a
fantastic coach and all members of the team learnt the substance of maritime law and the procedure
of a commercial arbitration. The moot is a great practical experience, replicating a commercial arbitra-
tion and requiring working closely with people practicing in the field. The course is a great opportunity
for those interested in either maritime law or litigation generally.

CLASSES
The workload was similar to that of a normal course, but does require a significant investment of time,
particularly in the preparation of written submissions.

ASSESSMENT
Not Applicable.

RESOURCES
Not applicable.

TEXTBOOK
Not applicable.

RECOMMENDATIONS
I would strongly recommend this course.

1
0%
2
0%
3
0%
4
0%
5
0%
6 7
50% 50%

55
LAWS5212 ALTERNATIVE DISPUTE RESOLUTION
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mr. Andrew Dispute Resolution is an integral part of modern legal practice. ‘Pure’ litigation is,
Caple however, but one means of resolving disputes. Lawyers are increasingly under
Classes: legal and professional duties to advise their clients on the availability of means of
13L 5T resolving disputes other than through the courts and to assist them in selecting
means of dispute resolution that are appropriate to their particular cases. Those
who aspire to be lawyers would therefore do well to become familiar with alterna-
tives to litigation from an early stage in their legal education.
Mechanisms that are alternative to the courts and which may be invoked by agreement of parties in dis-
pute are known collectively as Alternative Dispute Resolution (ADR). Such mechanisms may be facilita-
tive, such as mediation, or evaluative, such as conciliation – each process being predicated on impartial
and neutral third party assistance to the parties to reach an agreed solution to a dispute. ADR mecha-
nisms may also, as in the case of arbitration, be judicial in nature, with the third party imposing a decision
on the parties, i.e. one that not only legally binds them but is also enforceable in the courts.

Furthermore, ADR mechanisms are increasingly being co-opted by the litigation system. Thus, under
modern rules of court, judges may refer parties to a particular ADR process, in an attempt not only to
encourage parties to settle disputes, but also to take cases out of the court system, so as to minimise
pressure on court dockets and bring about savings in costs, both to the parties themselves and to the
administration of civil justice as a whole.

This course provides an introduction to the theories and principles applicable to ADR processes, both
within Australia and internationally, and with regard to disputes between not only private legal parties
(individuals and corporations) but also States. Included in the course is an overview of the principal ADR
processes in use worldwide (such as mediation and arbitration) and an analysis of their theoretical and le-
gal underpinnings and their practical applications. Accordingly, the course covers concepts that, whilst not
entirely based on black letter law, are of critical importance to lawyers dealing with real legal problems.

The course will consist of thirteen lectures and five tutorials. The lectures will provide the core content,
while tutorials will both explore particular topics in greater depth and enable students to acquire some
practical insights into ADR processes through problem-solving role-plays. 30% of the assessment will
consist of a research assignment in which the students will be required to research and comment upon
their choice of several of the areas of ADR. The final exam is worth 70% of the final grade for the course.

STUDENT PERSPECTIVES
CONTENT
The course content is not like your standard Law subject, it is very practical in nature at times. There is
some theoretical aspects discussed in relation to ADR towards the beginning of the course, then more
practical aspects including mock negotiations and mediations in tutorials. The course also touched
upon international aspects of ADR.

CLASSES
Lectures had the tendency to be lengthy and quite dry. But tutorials were more interactive and
enjoyable.

56 : The number of students that completed Private International Law in 2011


ASSESSMENT
The assessment was an assignment and a take home exam. The expectations for the assignment were
not explained clearly and a last minute qualification was made to the topic which proved very trouble-
some for many students. The take home exam was however explained in a better manner and expecta-
tions made clear.

RESOURCES
The lecturer provided comprehensive lecture notes on a weekly basis that formed much of the course
content. Some external reading was also required.

TEXTBOOK
This is a very practical course, the required reading is minimal.

RECOMMENDATIONS
Being able to grasp some of the theory and concepts in the early weeks is quite helpful for
understanding the rest of the course content. The lecture notes provided would also be the primary
source for study.

2011DIST 1

0%
2

0%
3

0%
4
1%
5
27%
6 70%
7
2%

57
RESEARCH PROJECT B
Research group - Criminal Law
COURSE OVERVIEW
Offered:
Semester 1
Semester 2
Coordinator: This course provides an opportunity for students to study an area of
Assoc. Prof. criminal law in depth under the supervision of a member of the Law
Andreas School academic staff.
Schloenhardt
Classes:
3S

STUDENT PERSPECTIVES
CONTENT
The course covers discrete topics relating both to human trafficking and people smuggling. In addition
to providing a general knowledge base for both areas, students must pick a specific topic to research
and produce an oral presentation and written report. People smuggling and human trafficking feature
prominently in political debate and news so the outcomes of study generally have real-world applica-
tions. The course is very challenging and involves a high degree of involvement with the lecturer and
classmates.

CLASSES
The course is set up with a weekly three hour combined tutorial and lecture. Professor Schloenhardt
may provide some background information at the start of the class but it is generally led by whomever
is scheduled to deliver their presentation that week. This student essentially acts as a lecturer or tutor
for that class and will explain their research and findings so far. In this way, all students gain an under-
standing of discrete topics beyond their own area of research, particularly in the preparation of written
submissions.

ASSESSMENT
One student in the class will deliver a presentation each week and all students submit a written report
at the end of the semester. Students delivering their presentation at the start of the semester have the
benefit of gaining feedback early in the research process and those presenting later obviously have the
benefit of developing a more in depth presentation.

RESOURCES
Generally the specific focus of study has been chosen predominantly because it has not yet been
researched. Obviously this has a significant impact on the availability of resources, however, Professor
Schloenhardt is usually able to assist either by providing access to information or pointing students in
the right direction with their research.

TEXTBOOK
There are no textbooks prescribed for this course. Professor Schloenhardt may recommend certain
texts to assist with developing the knowledge base necessary for further research.

RECOMMENDATIONS
I would strongly recommend this course.

1 2 3 4 5 6 7
0% 0% 0% 8% 17% 50% 25%

58 % percent of students achieved a grad e of 5-7 for Law of Contract B in 2011


LAWS5215 CIVIL PROCEDURE
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Mrs. Katherine Civil Procedure is an analysis of the common law system of adversarial
Curnow adjudication, including State and Federal civil court jurisdiction, costs of litigation,
Classes: service of process, the role of the court in managing civil litigation, defining the
13L 5T questions for trial, obtaining evidence, pre-trial disclosure, disposition without trial,
settling litigation, judgment and enforcing judgment, and appeals.

STUDENT PERSPECTIVES
CONTENT
The course focused on the Uniform Civil Procedure Rules including the jurisdictions of courts, costs of
litigation, service of process, obtaining evidence, pre-trial disclosure, judgement and appeals.
I found the content to be very straight forward and easy to follow, albeit a bit dry. It was helpful to learn
more about the jurisdictions of the various courts, and I felt that the course covered a lot of practical as-
pects that I hadn’t considered before. There was not as much emphasis placed on case law as in other
courses. It was also different in that the topics from week to week were not really interrelated, and did
not build on previously acquired knowledge.

CLASSES
The lectures were easy to follow, particularly if you skimmed through the Learning Guide beforehand.
The weekly workload was not onerous.The only challenge was memorising the content for the closed
book exam, as the legislation was relatively straightforward. There were five tutorials (one in which you
drafted pleadings, which was interesting though not assessable). The fact that there were only five tuto-
rials meant that they were very spread out over the semester and felt disjointed. I found that the tutorial
tasks did not resemble exam questions and so did not provide adequate preparation for the final exam.

ASSESSMENT
Students were faced with a 30% mid-semester exam and a 70% final exam. Both exams were closed
book. The mid-semester exam was multiple choice and left many students unsure of their performance.
While some were pleasantly surprised when results were released others were annoyed or unsure of
where they went wrong. Some students struggled with the end of semester exam as problem style
questions were not dealt with in the tutorials. I would recommend going over the content of the entire
course for the final exam. There was quite a bit of content that had already been covered in the mid-
semester exam that students were required to know, such as jurisdiction of the courts. Some questions
were similar to final exam questions from past years, so reviewing past exam feedback would be advis-
able. While memorisation of section numbers was not directly needed, it definitely helped. Tabbing of
legislation was essential to complete the exam in time.

RESOURCES
The Learning Guide was quite helpful and gave a good summary of the course. However, there were
quite a few cases mentioned that weren’t included in the Learning Guide. It was also helpful to have the
use of Lectopia. Powerpoint Slides were only used a couple of times, and were not of too much use.
The past exam feedback provided was incredibly useful, with a few very similar questions repeated in
the final exam.

TEXTBOOK
The textbook was not difficult to read and useful to consolidate the lecture notes. It was however, at
times, dry and long winded. It would be possible to make do with the Learning Guide and lecture notes
particularly if you could manage to find a good set of notes from previous years.

59
RECOMMENDATIONS
If possible, obtain a set of notes from previous years to supplement the lecture notes. Have a good
knowledge of the legislation and don’t worry if the tutorials seem confusing. I found them to be more
difficult than the questions in the actual exams.

Prepare well for the mid-semester exam. By simply learning the material, it is an easy way to get
marks since it is multiple choice. Be prepared to distinguish from memory the causes of action that
can be brought in each court (for both state and commonwealth jurisdictions).

Don’t assume that the end of semester exam will only cover topics not included in the mid-semester.
There are plenty of journal articles about the important civil procedure cases. If you have time try and
read a few of these, this will be really useful for the essay question on the final exam.

2011DIST 1
1%
2
2%
3
0%
4 27%
567
37% 24% 8%

60 % of students that completed the UQLS Eds Survey believe that lectopia improves teaching and learning
THE LEGAL PROFESSION
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
Dr. Clare An introduction to philosophies of applied ethics and to the idea of
Cappa professionalism, including the structure and regulation of the legal profession, ad-
Classes: mission and discipline, and professional duties to the law, the courts, other practi-
13L 5T tioners and the client.
This is to be (ideally) undertaken as a final year subject as it provides an insight into our ‘honourable’
profession. This elective course is required for admission to legal practise across Australia. Students will
be taught the law of lawyering which includes how lawyers are policed, liability, obligation and ethical
duties. The course also aims to provide an interactive and enjoyable forum for students to think about
what it is to be a lawyer: the challenges and the obligations. Why do you want to be a lawyer? To whom
do you owe duties (client/public)? Are legal and ethical duties even more difficult these days with new
technologies (like Facebook)? Students are expected to actively participate in the discussion of such
questions in class and in written work. The course includes guest lectures from regulators and senior
practitioners. Students will not only learn the relevant law of the area but are also asked to think about
their aspirations and beliefs in relation to being a legal professional.

STUDENT PERSPECTIVES
CONTENT
This course provides an introduction to the development and structure of the legal profession, admis-
sion as a lawyer, moral frameworks of legal practice, duties to clients, duties relating to holding and
dealing with trust money, duties of advocacy and representation, competence, loyalty and confidential-
ity, and professional discipline. While the course itself never came across as challenging, the final exam
proved quite difficult and I should have prepared more thoroughly. The use of guest speakers kept the
course quite interesting although because of this many students would regularly skip lectures. Lectures
were, however, usually recorded and there is comprehensive learning guide. The course content is use-
ful if one plans to practice law eventually, however it seemed that practical legal training done prior to
admission would cover many of the same topics.

CLASSES
Most classes involved a guest speaker and then sometimes content from one of the course co-ordina-
tors would be delivered in addition to this. It is hard to make generalised comments about all the guest
speakers but there were a number of lectures that were quite interesting. The weekly workload was not
onerous but this can create a false sense of security; the final exam is actually reasonably difficult.

ASSESSMENT
The assessment involved a presentation in a tutorial, an online quiz and a final exam, all of which were
compulsory. The assessment was all fairly marked and weighted but as previously mentioned the final
exam was more difficult than envisaged. The timing of the tutorial presentation was randomised and as
such, some students may have had to present early on in the semester, during assessment periods or
right near the end of semester. The tutorial presentation was, however, not particularly difficult.
The online quiz (from memory it was an hour long) could be completed at any time during a one week
period. This meant that students could find out the questions from other students and prepare. This
meant that some students had a significant advantage over others. In the future it may be better to
have randomised questions that come from a pool of questions. Alternatively the exam could be
completed in class.

61
RESOURCES
The learning guide is a comprehensive resource to which notes from the lectures can be added.
Because there were guest speakers most weeks there was variability in whether there would be notes/
slides from each week and their actual quality.

TEXTBOOK
The learning guide was quite comprehensive and there was no set text book for the course in general.
There was a small textbook required for the week on trust accounting however I wouldn’t recommend
buying this. It would suffice to just take notes on the library copy and possibly hire it out when doing the
online quiz that takes place for the trust accounting topic.

RECOMMENDATIONS
If I were to enrol again I would take the course far more seriously. There seems to be an impression that
the course isn’t as difficult as the usual law courses and doesn’t require a great deal of work. The final
exam proved that one had to know the content quite well.

1 2 3 4 5 6 7

0% 0% 0% 32% 44% 23% 1%

62 % of students received a grade of 5-7 for Law of Property A in 2011


ADVANCED INTERNATIONAL
LAWS5219
& COMPARATIVE LAW
COURSE OVERVIEW
Offered:
Semester 1
Coordinator:
This course is an in-depth examination of specialised areas of international or
Dr. Vincent
comparative law. The course seeks to develop student’s knowledge of legal issues
Cogliati-Bantz
and problems confronting the nation, the region and/or the international community
Classes:
generally. The specific focus of the course may vary from year to year, and students
13L 5T
must consult the current course profile for more information.

STUDENT PERSPECTIVES
CONTENT
Advanced International and Comparative Law is an umbrella course that gives the lecturer flexibility in
determining the precise topics, so the course content may vary between the times it is taught. In 2010
the course focused on the law of international organisations. This is a rapidly developing area of inter-
national law and the course examined the fundamental principles applicable to all types of international
organisations, including creation, definition, international legal personality, classification of membership,
structure, designature and scope of powers and relations with both member States and third States. It
then focused on case studies of the European Union, the United Nations and sui generis organisations
such as the Order of Malta and the Holy See.

CLASSES
Dr. Cogliati-Bantz, as always, is a very interesting lecturer. Doing the readings prior to class is prefera-
ble, otherwise it is sometimes difficult to follow the more technical parts of the course, particularly given
the lack of lecture slides or lectopia to enable students to go back and re-listen or look up particular
parts from lectures.

Given the course deals with principles of international law, there is a bit of overlap with Public-
International Law. As this was an advanced course, that was a little disappointing as the subject mat-
ter offered a fantastic opportunity for in-depth application of international law to a specific case study of
international organisations.

ASSESSMENT
There was no optional assessment. There was a 30% tutorial presentation on basically anything tan-
gentially related to the course. There was a notable lack of guidance and assessment criteria, and the
lecturer tended to score everyone quite highly. This was tempered by a 70% final exam which, on paper,
appeared reasonable but the final spread of marks reflect a substantially harsher standard of marking.
Only limited feedback was provided.

RESOURCES
Dr. Cogliati-Bantz took this course in 2010, and he has a personal policy of not using lectopia or lecture
slides, so attendance at lectures is a must. Although one can understand the content from doing the
readings and not attending the lectures, Dr. Cogliati-Bantz’s particular emphasis on specific aspects of
each topic are essential for doing well in the final exam and who doesn’t love his unique teaching style?

TEXTBOOK
There are no prescribed textbooks for this course, though there are a number of very good texts on the
recommended list. Unfortunately, the library does not have a lot of copies, and so one finds themselves
spending many hours photocopying in the high use section. However, Dr. Cogliati-Bantz did endeavour
to put as many as possible online, which was very helpful.

63
RECOMMENDATIONS
Do the readings prior to the lectures. Attend the lectures. Ask questions to ensure that you understand
particular issues. Ensure you have a theoretical grasp of the underlying principles as well as their
practical application.

2010 DIST 1
0%
2
0%
3
0%
4
0%
56 48% 44%
7
8%

64 % of students received a grade of 5-7 for Law and Society in 2011


SPECIAL PROJECT
COURSE OVERVIEW
Offered: This course is available to students adversely effected by the 2008 LLB
Semester 1 program restructure, it provides an opportunity for students to pursue in
Semester 2 some depth an area of special interest.
Coordinator:
Asooc. Prof.
Graeme Orr
Classes:
26C

1
0%
2
0%
3
0%
4 5
20% 20%
67
40% 20%

65
SEMESTER TWO COMPULSORY COURSES
laws1114 LAW OF TORTS B
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Assoc. Prof. This course is a study of particular applications of the tort of negligence, product
Kit Barker liability, wrongful death, breach of statutory duty, concurrent and vicarious liability,
Classes: alternative methods of providing compensation for accidental injury and the law of
13L 10T defamation.

STUDENT PERSPECTIVES
CONTENT
This course covers a large amount of content that is both interesting and relevant. Key topics covered
include negligent misstatements, defective structures, product liability and defamation.

CLASSES
While this is a content heavy course, the workload is manageable provided that you attend the lec-
tures and tutorials. I found the tutorials to be a good forum for developing ideas and arguments relat-
ing to the course material. The tutorial questions were interesting as most claims could be argued for
both sides provided that students justified their opinions.

ASSESSMENT
Students had the option to complete a 30% assignment in addition to a compulsory final exam.
I did not participate in the assignment and this resulted in heightened stress levels during the exam
period. It was generally found that the marking standards for the assignment were very high. I would
not recommend completing the assignment unless you are prepared to invest a lot of time and effort
in order to make it a worthwhile process.

RESOURCES
The Learning Guide was sufficient and Lectopia and Powerpoint slides were always made available.

TEXTBOOK
The Balkin and Davis text can be heavy reading; I chose to rely more heavily on my lecture notes and
journal articles where available.

RECOMMENDATIONS
Attend all classes and be sure to ask questions in tutorials to ensure that you have a good handle on
the course content.

2011DIST 1

0%
2
7%
3

0%
4548% 31%
6
11%
7
3%

67
PRINCIPLES OF PUBLIC LAW
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
This course introduces students to the histories, theories, institutions, concepts and
Assoc. Prof.
principles of domestic public law (in particular Australian public law). It provides a
Graeme Orr
foundation for Constitutional Law and Administrative Law. Topics include: the State
Classes:
and public law; the development of the State, public law and the concept of constitu-
13L 5T
tionalism; the sources of public law; the institutions and structures of public law and
public law principles.

STUDENT PERSPECTIVES
CONTENT
The course was a broad introduction to constitutional and administrative law, examining the Australian
system of government in contrast with other Western government systems. The content was extremely
interesting and topical. It provided a relatively balanced set of arguments for both sides of issues such
as entrenched and statutory bills of rights, and written and unwritten constitutionalism. Many of the
important cases of constitutional law were discussed at some level and more often than not looked at in
tutorials.

CLASSES
I found both Professor Allan and Professor Orr’s teaching styles highly enjoyable. It would be advisable
to come to lectures prepared to discuss the content, as both lecturers pose questions to students. Pro-
fessor Allan in particular, frequently singles students out.

The tutorials were both helpful and engaging. Preparing for the tutorials was incredibly important as the
articles you read are the best basis for the final exam’s essay questions. The weekly workload was gen-
erally reading two to three articles in the Learning Guide, these were often short but complex requiring
a solid analysis. Students were also expected to read chapters from the text. I found that it was easy
to keep up with the weekly readings and there was not a great deal of work to do to ensure one under-
stood and remembered the content.

ASSESSMENT
Students were assessed on the basis of an optional assignment and a final exam. Most found that the
optional assignment was marked fairly. Those who were organised and prepared adequately, reaped
the benefits. If you’re someone who finds 90% exams daunting, this is unquestionably the way to go.
That said, I can’t say I found the exam particularly challenging, it consisted of three questions: two com-
pulsory essay questions and the option between another essay or a hypothetical application of law.

RESOURCES
The first half of the course did not use Lectopia or provide Powerpoint slides. The second half, however,
did use them. I thought that it was, in some ways, rather a refreshing change not to have access to Lec-
topia. The Learning Guide and Powerpoint slides were immensely helpful. While past exam feedback
was minimal, the questions on the final exam were generally predictable.

TEXTBOOK
I would not recommend purchasing the textbook as in 2011, only three chapters were essential
reading. The other chapters provided a general outline of the government system. However, the
Learning Guide and course reader were essential. A hard copy was the best option for study al-
though electronic versions of all of the necessary articles were provided. Some of the journal arti-
cles overlap so it is not necessary to read every article in depth.

68 % of students achieved a grade of 5-7 for Law of Trusts A in 2011


RECOMMENDATIONS
The exam placed emphasis placed on the last few lectures in particular, I would study these.
Also be prepared to answer an exam question on the more topical issues covered by the course. In
2011 many students dismissed the ‘wikileaks’ topic only to find it on the exam.

1
0%
2
1%
3
1%
4
30%
5
51%
6
15%
7
2%

69
LAWS2112 LAW OF CONTRACT B
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Warren Swain This course is a continuation of the study of contract law, including
Classes: the rules relating to discharge, vitiating factors, remedies and the
13L 10T doctrine of privity.

STUDENT PERSPECTIVES
CONTENT
Where Law of Contract A focused on the formation of contracts, Contract B explores the factors
which vitiate consent and how contractual obligations can be discharged. The course was extremely
practical and had a relatively heavy emphasis on remedies and damages (having been outlined at
both the beginning and end of the course). This emphasis was also evident in the final exam. Law of
Contract B did not have a strong correlation with Law of Contract A, a basic knowledge of Contracts
A was all that was required to comprehend the course material.
The content itself was relatively simple, but difficult to understand in the abstract. Those unwilling to
actually read the cases and see how the issues were explained by different judges tended to have
trouble in tutorials and on the final exam. Some of the issues covered are still unsettled at common
law so students were required to acknowledge various legal approaches.

CLASSES
Lectures were usually well structured and quite engaging even though the content itself was a little dry
at times. Some students found that the use of three different lecturers resulted in a somewhat dis-
jointed course.
Tutorial questions usually consisted of one five minute case note and a problem question with multiple
parts. The tutorial problems were generally good exam practice.
The weekly workload was not too onerous for a law course. However, students should be prepared to
work extremely hard towards the end of the semester when the course comes together.

ASSESSMENT
The assessment included a 30% optional mid-semester assignment and final exam.
The assignment was an unseen research essay which took place in the week before the mid-semester
break. Choosing to participate was slightly risky, since it was unseen (you had to agree to do the essay
unconditionally before the question was released). When the question was released, students had one
week to complete it. The feedback provided went well beyond any feedback I have previously received
in a law assignment. The students who elected to participate seemed to have mixed feelings about their
results.

The final exam did not include perusal and instead gave longer writing time which was highly beneficial.
This was the first law exam that I comfortable completed within the time constraints. It contained two
problem questions and an essay question, weighted at 35 marks each. The problem questions were
sometimes very similar to cases, so it was worth being extremely familiar with the case law. I found the
exam quite challenging; I’d definitely recommend practicing picking out the issues in problem questions
in the lead up to the exam.

70 : The increase in the number of students that completed Law of Remedies in 2011
RESOURCES
Learning resources were made available in a timely manner. Multiple Learning Guides were provided
between the three lecturers. There was some discrepancy as to the quality of the Learning Guides.
Some contained a good number of cases with relevant principles, others provided an insurmountable
quantity of cases with very little direction or guidance. On the whole the Learning Guides contained all
the cases you needed to achieve a seven but provided very little information and minimal guidance on
them, leaving it up to students to read or research a multitude of cases.
Lectopia was made available all weeks. Powerpoint slides, like the learning guides varied in quality
from week to week.

TEXTBOOK
The prescribed text is an excellent resource. It covers all of the necessary topics and more. It is also
very good at explaining those topics which have the potential to be confusing. Additionally, I would
highly recommend the Butterworths “Q & A for Contracts”. Another good resource is Carter on Contract
which is available online though LexisNexis (available through the library site). It distills contract law
down to bare principles and is also very useful for assignment writing. In this course students should
avoid placing emphasis on one single resource and look towards a variety of sources for their study.

RECOMMENDATIONS
Have a good understanding of the concepts presented each week as they often interlink with certain
cases and are applicable in more than one area. Be sure to read the asterisked cases each week and
attend tutorials.Keep an eye out for topics which seem to have been covered in an unusual amount of
depth, they can sometimes turn up in essay questions.

I would also suggest forming a small study group of 4 - 7 people and each work through various topics
of the course. You’ll find that working with other people cements your knowledge of the course and
provides an extra incentive to achieve.

2011 DIST 1
0%
2
0%
3
0%
4 5 6
42% 46% 10%
7
2%

71
CRIMINAL LAW AND PROCEDURE B
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Assoc. Prof. Criminal Law and Procedure B examines the practical operation of the
Heather Douglas criminal law. The course explores two central concepts; discretion and
Classes: fairness, to examine the processes involved from the pre-trial stage to
13L 5T sentencing and appeals.

STUDENT PERSPECTIVES
CONTENT
Unlike Criminal Law and Procedure A this is primarily a procedure orientated course. Criminal Law
and Procedure B focused on the practical realities of a criminal trial, basically presenting students with
the police and court procedure that surrounds and facilitates the ‘substantive legal argument’ that was
previously explored in Crim A. The content included police powers, rights and responsibilities of the ac-
cused, duties of the prosecution and the appeals process.

Criminal Law and Procedure B is made interesting by the fact that it is so practically based. Students
literally see what is being taught in lectures being applied everyday in the papers and the news, this
provides helpful memory triggers for exam revision. A downside (though probably an unavoidable one)
is the lack of connection in the content between weeks. It sometimes seemed that Crim B swept the
‘leftovers’ from Crim A into a whole course. Crim B does not facilitate a neat little search for ‘Elements’
and ‘Tests to be Applied’ as well as Crim A does. In terms of the structure for exam answers the content
ties together around week 10. The cases were always interesting, as was Professor Douglas’ insight
into her legal practice.

CLASSES
Tutorial questions were very similar to exam questions. Tutorials consisted mainly of explaining these
questions and how best to respond to them in an exam.
Lectures were worth going to generally, however if you follow the textbook only this probably would
get still get you a good mark as Professor Douglas relies on it. The weekly workload was not heavy at
all, tutorials were fine to attend and participate in without prior preparation. Tutorials were very helpful,
especially the ones on past exams where they will outline exactly what you need to cover. As it is an
open book exam normally, this is a must.

ASSESSMENT
As the assignment was discounted if exam performance was better, it was not entirely necessary to
complete the assignment, it simply provided a safety net. Many students complained that inadequate
feedback was given on the assignment. The exam was fair in the sense that students were provided
with adequate time to complete their questions.

72 % of students received a grade of 5-7 for Criminal Law and Procedure A in 2010
RESOURCES
Professor Douglas supplied ample resources. Past exam feedback was provided and some tutorial
notes were given. However, tutorial notes were only provided for tutorials discussing previous exam
questions, so some of the earlier weeks were not provided.Lectopia was available every week and
lecture slides were available before every lecture. The relevant sections of the required legislation were
also provided each week in word document, which probably saved hours of time (and hundreds of
trees). These were not formatted like the original legislation (indented subsections etc), which was a
little frustrating during revision and in the exam.

TEXTBOOK
The prescribed textbook was clearly written, succinct, and the footnotes were particularly helpful for
extra resources. I would recommend that students buy it. However, the same content can be deduced
from the legislation itself as the course deals primarily with legislation. Also, it is important to note, that
the textbook may not always be up to date with section numbers.

RECOMMENDATIONS
Whilst my tendency is generally to summarise as much as humanly possible during exam period, I had
to go back and fill back out a lot of my revision notes using the textbook. As the exam is open book,
make your weekly notes more comprehensive than you usually would. Keep detailed lecture notes and
don’t be afraid to gather as many cases under your belt as you can. Use them more for their factual
scenarios (because they may repeat the same legal principle), which you can then draw analogies with/
distinguish from the facts in your exam problem. Further, annotate the legislation that Professor Douglas
provides each week! Write case names next to the legislative sections that they have dealt with. You
will be faced with an absolute mountain of legislation when preparing your exam notes, and it really
helps your recollection if you have done this.I also would have found it helpful to accumulate a list of
‘Appeal Points’ along the way, though you couldn’t really know to do that before week 10.

Pay careful attention to the assignment if you choose to do it. As the exam is open book, there is a
temptation to bring in absolutely everything. Don’t. Just ensure you have well written-revision notes,
otherwise you’ll be swimming in a sea of paper and you’ll spend half your time looking for the exam
questions.

1
0%
2 3
4% 0%
4 5 6
3% 31% 16%
7
6%

73
LAWS2115 ADMINISTRATIVE LAW
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
This course is an examination of the rules, principles and procedures applied by the
Dr. Anthony
courts to review the legality of government action, including: the contrast between
Cassimatis
legality review by the courts and merits review by tribunals; the grounds of judicial
Classes:
review historically associated with the concepts of ultra vires, jurisdictional error and
13L 10T
natural justice; the statutory remedies available federally (principally via the
Administrative Decisions (Judicial Review) Act 1977 (Cth)) and in Queensland (via
the Judicial Review Act 1991); and other relevant statutory, common law and equi-
table remedies.

STUDENT PERSPECTIVES
CONTENT
Administrative Law focuses on the legal accountability surrounding bodies that hold public power and
ensuring that the rights of people are upheld and respected in relation to dealings with these bodies.
The content of the course is very interesting, and deals with the study of the procedures dealing with
the review of the application of this administrative power; a thorough understanding of these process-
es is critical. Central to the course was an understanding of how the rule of law frames administrative
law, as well as how statutes such as the ADJRA and JRA condition the exercise of government power.
In lectures, emphasis was placed on administrative law in a migration context, with an analysis of
topical migration law cases. The course was broken into two clear cut halves, focusing on the judicial
review process and then the remedies available. The first half is more interesting, but at times harder
to follow, whereas the second half is dryer but better structured. The course was conceptually chal-
lenging. However, it was never dull and it was surprising to see how administrative law fitted in to the
wider social and economic milieu of contemporary Australia, especially in understanding the current
political positions on migration. In practice however some of the course content was irrelevant - much
time was spent on areas of law which were mostly an academic triviality. The course is probably not
practical unless you are heading towards this area of law, but nonetheless helps one develop an over-
all understanding of the system.

CLASSES
There’s a heavy workload each week, featuring many questions and assigned high-profile cases, and
the course has a strong legislative emphasis. Tutorials are engaging, and go through most of the mate-
rial. Invariably, content covered in tutorials appears in the end of semester exam. However, sometimes
they lacked structure and it was easy to get lost. I’d strongly recommend doing all the readings before-
hand. Billings’ part of the course stimulated a discussion of administrative law and its various contexts.
Dr. Cassimatis’ part was more dry, but that was due to the nature of the law in that area and should not
be seen as a reflection on the lecturing style of Dr. Cassimatis. The lectures were facilitated in typical
fashion, utilising easy to understand lecture slides, and and clear (Lectopia recorded) notes. It is critical
to work consistently throughout the semester.

ASSESSMENT
The optional 50% assignment, covering the first half of the course, was extremely worthwhile, as the
final exam, looking at the second half, is only half the length if you complete the assignment. It is still
difficult, but administrative law is not a subject amenable to assessment, let alone a single, 100% two
and a half hour exam. The assignment also provides a lighter revision load in SWOTVAC, given only
the second half will be covered. However, students should make decisions based upon their writing
strengths, and consider that such an assignment will be worth 50% at a time when other compulsory
assessment is due, and contacting tutors is difficult. Generally, completing the optional yields
significant long-term benefits.

74 : The increase in the number of enrolments in Criminal Law and Procedure B in 2011
RESOURCES
Dr Cassimatis’ learning guide for the second half of the course should become your Bible, rivalling any
textbook dealing with remedies. It is incredibly detailed (one might say too detailed), but is at least a
thorough grounding in the relevant law. PowerPoint slides weren’t particularly helpful as they only had
minimal information on them, and Dr. Cassimatis’ are in PDF which are frustrating to copy into Word.
In-depth past exam feedback should be capitalised on, and the course featured Lectopia and pertinent
tutorial questions.

TEXTBOOK
There is a wide selection of prescribed textbooks, all of which are useful. The Creyke and MacMillan
textbook was very useful in the first half (particularly for the optional assignment), and helped clarify
points during the second half. The Lane and Young textbook centres its analysis around the specific
sections of the relevant statutes (ie. the ADJRA). The Cane and MacDonald textbooks (commentary
and normal) are pretty good, but lack some information here and there. You can probably buy one
book, and use library books to cover the empty areas.

RECOMMENDATIONS
It is critical to keep up with background reading, though it may seem copious at the time. There’s a lot
of information to learn. You should become very familiar with legislation. Prepare for your tutorials and
participate heavily.

2011 DIST 1
0%
2
7%
3
0%
45632% 34% 23%
7
5%

75
LAW OF PROPERTY B
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Mrs. Margaret This course focuses on real property and considers: the concepts of ownership and
Stephenson title to real property; types of Interests in land, including concurrent interests and
Classes: equitable interests; modes of acquisition and disposition of interests in land including
13L 10T the Torrens system; proprietary interests in land, including leasehold interests and
security interests.

STUDENT PERSPECTIVES
CONTENT
The course focuses on real property law (land law) as opposed to personal property law (studied in
Property A), covering the concept of ownership and title to real property, native title, tenure, types of
interests in land (e.g. concurrent interests, leasehold interests, equitable interests), modes of acquisition
and disposition of land, and the Torrens title system (including registration of interests, indefeasibility,
caveats and easements). The course covers most of these topics in a detailed way, providing students
with a broad yet detailed introduction into land law in Queensland. The course is interesting, closely
related to other areas of law including contract law, equity and taxation law (though no tax aspects were
taught). The course was challenging in the sense that there was a lot of content which was covered in
a short amount of time and needed to be studied for examination purposes, and much of the procedural
content is remarkably dry. However, given the emphasis on ‘real’ property the course seems much more
relevant than the theoretical principles of Property A. It is one of the most important courses in the law
degree. Given the scope of content, broad and deep, and what often seems like a lack of structure, it is
difficult to avoid simply learning the bare necessities of each topic.

CLASSES
The lectures seemed to be a poorly-structured race to get through content, with many slides can-
vassed; the lecturer would often spend extensive time on simple ideas, and rush over the more com-
plex ones, or repeat content from previous lectures. In the absence of Lectopia, lectures featured
stressful note-taking at a hectic pace. Sometimes more difficult content was glossed over quickly,
particularly towards the end of semester, so recording the lectures is a good idea. Tutorials were worth
1% per week, requiring a page of prepared answers. While this amped the workload up, it meant you
were better able to stay on top of work than in other courses. A primary difficulty is the covering of ma-
terial in tutorials from subsequent lectures, so preparation is required; however, as each tutorial worked
through a number of practical scenarios, the tutorials provided good utilisation and revision of the
lecture contents. However, some tutors, lacking extensive experience in this field, are unable to offer
confident answers to various questions.

ASSESSMENT
The optional assignment was only worth 20%, and was selected by a small portion of the class. Those
that chose to do it did very well. The assignment was on Native Title, Margaret’s own area of expertise,
and is well worth the time it took in terms of the gain received, if you have the time, the writing skills or
interest in the subject. It is, however, due in an extremely busy period. The exam was pretty straightfor-
ward; it was closed-book, with no real surprises. It consisted of 3 problem-based questions. The most
challenging aspect is the 2 hour time-constraint.

76 : The number of students that completed Commercial Law in 2010


RESOURCES
As per usual, towards exam times all textbooks were hard to come by. Neither Lectopia nor lecture
slides feature in this course, and no past exam feedback was posted prior to the exam. However, there
is some solace provided in the structured learning guide which had a solid amount of information, often
replicating the lecture material. It is exceptionally difficult to keep up with Margaret for 13 weeks in
lectures, purely because of the rate at which content has to be processed in a short semester. Finding
someone who records the lectures, combined with utilising Notepool can offer great relief.

TEXTBOOK
The required textbook is written by the lecturer. However, it focuses significantly upon Western Australia
property law, and only briefly covers the differences in Queensland. As the exam only covered Queens-
land and relevant Commonwealth legislation, the set textbook was of no use, particularly as it did not
even follow the format in her slides or her learning guide, nor did it use the same cases she referred to
the lectures. This led to little understanding of the various cases, so I would recommend one of the ‘rec-
ommended’ textbooks by MacDonald or Butt. It was a comprehensive, easy to understand and seemed
to follow the outline of the lecturer’s slides more than her own textbook did. You may find a textbook not
necessary, given there is so much content in the lectures and study guide.

RECOMMENDATIONS
Use the MacDonald textbook. Start learning the content early - it was 100% closed book exam that cov-
ered a ridiculous amount of topics. If I were to take the course again, I would not bother attending the
lectures, but rather share some high quality notes with friends. Do the optional assignment, and pick
up the easy tutorial marks. Check past exams, as the subject is examined in a similar way each year.

5 6
Focus on larger topics such as Torrens rather than topics like easements.

1 2 3 4 7
0% 0% 0% 19% 51% 28% 2%

77
LAWS3114 LAW OF TRUSTS B
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
The course examines administration of trusts and deceased estates, including
Dr. Darryn Jensen
consideration of duties and powers of trustees and executors, variation of trusts,
Classes:
trustees’ right to indemnity, remedies for breach of trust. Consideration of situations
13L 10T
in which resulting trusts arise.

STUDENT PERSPECTIVES
CONTENT
The course focused on the duties and powers of Trustees, remedies for breach of trust,
administration of deceased estates and resulting trusts. The course content which in itself is rather dry,
was made interesting by Dr. Jensen. It is not challenging to grasp the content but structuring
arguments, which is the crux of the course, requires some dedication. Other than that, it was very
practical; aspects of Trusts B and concepts of equity are relevant to Property B, and the consideration
of fiduciary duties is very important for Corporations Law which you’ll study the following year. If you
keep up with the work in this subject, you’ll be better placed in other subjects. For this reason I would
say it’s a key LAWS subject and is of wide relevance. It is moderately challenging, but Dr. Jensen really
does explain it so clearly that if you take good lecture notes you can hardly go wrong. In addition, it is
not too content heavy.

CLASSES
Trusts B is one of the best taught courses. The lecturers and tutors are highly intelligent and explain
everything with clarity and structure. The lectures, in particular, are probably the clearest I’ve
encountered. Dr. Jensen unswervingly sticks to his structure and emphasises key points as they come
up. He also talks through the important cases in detail such that you won’t have to read them in full - it
is worth checking any excerpts or page numbers he references, however, because a quote from one
such reference came up in the final exam. He is the best lecturer I’ve had, likely owing to diligent
preparation.

ASSESSMENT
There was a 30% assignment which involved structuring an argument and a 70% exam. The assess-
ment was well timed and feedback was aptly provided. The assignment task was unique and unlike
anything else we’ve been set before. If a similar task is set for 2012, I would strongly recommend at-
tending the first tutorial which is set aside to discuss it. If you do not, you may well do very badly even
with the best of intentions. The final exam was strongly reflective of the course content and, in my
opinion, fairly marked.

RESOURCES
The course is wonderfully structured and students are provided with everything they need to succeed.
Lectopia is a particularly precious resource.

TEXTBOOK
The course has no textbook, but Darryn compiles an equally effective learning guide. His teaching style
is more than adequate to impart a good understanding of the subject without reference to broader read-
ings from a set textbook. Everything in the course reader was directly relevant and I would recommend
taking the time to consider all the pieces therein.

78 % of students expect to receive past exam questions for exam preparation according to the 2011 UQLS Eds survey
RECOMMENDATIONS
Continuously memorise the material throughout the course! Because in the end your main focus will be
the argument, and half the work is done if you know the stuff. All you do then is apply it in accordance
with IRAC. Take great lecture notes. Read them. Dr. Jensen gives the framework you need through the
lectures. Don’t simply memorise the case names and a major point - know them in detail. There are
fewer cases to know in this course, but a deep knowledge of them is expected. Attend any assignment
preparation tutorial if one is set.

2011 DIST 1
1%
2
0%
3
2%
4
15%
56 60% 22%
7
1%

79
LAW OF REMEDIES
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Darryn This course involves a study of the nature, goals and structure of private law rem-
Jensen edies and is organised around the remedial goals of performance, reparation,
Classes: restitution and consideration of other grounds, such as punishment.
13L 10T

STUDENT PERSPECTIVES
CONTENT
The course revisits the topic of private law remedies - their nature, goals and structure. It examines
various legal and equitable remedies and attempts to define the process by which the law determines
what remedies are available for the infringement of different types of rights.

CLASSES
Dr. Jensen is a brilliant lecturer. He sets out the law in a clear and concise manner, points out the con-
troversial bits in any decision and encourages you to think critically about them. The content covered
during each lecture might seem a bit heavy as sometimes as many as 10 cases are discussed in a
single lecture. But if you are able to maintain good notes during each lecture (including any paragraphs
from cases that he specifically cites), then you are certain to at least pass.

ASSESSMENT
The course features a 60% exam and 40% compulsory assignment, for which you are given the topic
well in advance. You could pass or maybe even get a 5 if you merely read through the materials re-
ferred to in the learning guide and do your assignment in the last few days. However, if you’re keen
on getting a 6 or 7 (and bear in mind, the exam is no walk in the park), you need to start early and go
above and beyond the materials given in the learning guide. Also, have someone proofread your
assignment. Dr. Jensen does not appreciate mistakes in grammar or spelling.

RESOURCES
The most important resource is the course reader which is basically a collection of articles, excerpts
from cases and chapters from books that Dr. Jensen considers are important to your understanding of
any particular topic. Looking at past exam feedback is also very useful. Dr. Jensen has gained a reputa-
tion as a rather strict marker. So, the past exam feedback gives a good indication of his expectations
with respect to the level of detail and the structure of exam answers.

TEXTBOOK
Dr. Jensen, by his own admission, doesn’t like learning from textbooks. However, he has prescribed a
number of them in the course profile. While some of these maybe useful in your research for the assign-
ment, my advice would be to stick to any chapters that he has included in the course reader.

80 % : The percentage of students that received a grade of 5-7 for Law of Property B in 2011
RECOMMENDATIONS
Keep up with lectures and the readings from the course reader. This is important because the exam is
closed book. So you need to have your study material ready by SWOTVAC so that you leave sufficient
time to memorise in the days leading up to the exam. Look at past exam feedback well in advance and
practice past exam questions. Dr. Jensen was happy to give feedback (he likes to criticise, construc-
tively of course) but you need to get these practice answers to him before SWOTVAC and not the day
before the exam.

1
0%
2
2%
3
2%
4
19%
5 6
50% 23%
7
4%

81
LAWS4111 JURISPRUDENCE
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Jonathon Jurisprudence offers an overview of the historical, doctrinal and philosophical per-
Crowe spectives that have influenced the development of law, together with an introduction
Classes: to key theoretical positions and interdisciplinary movements that provide critique and
13L 10T commentary on the role of law. Topics include theoretical accounts of the nature of
law (including the theories of Hart, Dworkin, Austin, and Kelsen); the central ideas
of the natural law tradition, the nature of legal reasoning & the role of the judge; the
analytical nature of legal rights and duties; conceptions of justice; the internal
organisation of the law; and an introduction to a range of theoretical perspectives of
the law, both internal and external.

STUDENT PERSPECTIVES
CONTENT
Jurisprudence focused on legal positivism, natural law theories (classical and contemporary), evolu-
tionary jurisprudence, contemporary jurisprudence, feminist jurisprudence and Hohfeldian theory. The
content is interesting, but lacks practical application almost entirely. The course was split into three
sections, taken respectively by Professor Allan, Dr. Crowe, and Professor Ratnapala. Each lecturer
focuses on a different theory, and each lecturer differs drastically in style and manner from the others.
While the course content wasn’t particularly challenging, it was quite different to most other compul-
sory Law courses, and the different scenarios and questions arising from the course material could
get quite tricky - particularly problem questions arising from the mostly theoretical material.

CLASSES
Each lecturer was unique. Despite the absolute fear instilled in anyone wearing a red shirt or using
an Apple computer (some of his favourite things to pick out in a lecture room crammed full of people
- remember, no Lectopia), Professor Allan’s lectures were some of the most engaging and interesting
I have attended so far. The material covered by Professor Ratnapala and Dr. Crowe was also interest-
ing, but given the extensive slides and lectopia, attendance was not as necessary and with no one
calling on you at random to answer a question, less people did the readings and engaged in lectures.
There were also 5 tutorials in the semester, which were important to attend to give you an idea of how
to answer the more difficult problem questions, and they often covered new material not discussed in
lectures. Also, as the three lecturers were the tutors too, tutorials were really helpful for getting an idea
of how that particular lecturer (hence marker) wanted their exam questions answered.

ASSESSMENT
Assessment fell at appropriate times, with a 60% final and 40% mid-semester, each closed-book,
with a huge amount of choice. There were no surprises in either, and each were very fair. It was pos-
sible to pick your most comfortable topics and only study those, but in order to do well you had to re-
ally know those topics. I liked that the mid semester exam covered the first half of the course, which
was then not re-assessed in the final exam. Professor Allan’s mid-semesters took a long time to get
back to us.

82 % of students received a grade of 5-7 in Law of Trusts B in 2011


RESOURCES
Professor Allan taught Legal positivism - he, of course, did not Lectopia, but was thoughtful enough to
provide us with a course reader not unlike a ream of paper in size. Professor Ratnapala and Dr. Crowe
taught the second part of the course, using Lectopia and great use of lecture slides put up well in ad-
vance of lectures. These slides are so detailed that you don’t really have to make notes if so desired.
Professor Ratnapala also provided past exam feedback for one of his topics.

TEXTBOOK
You need to read HLA Hart’s ‘The Concept of Law’ to understand what Professor Allan is going on
about. While he does go through most of the important chapters in the lectures, I found it pretty impor-
tant to read those chapters myself in order to make sense of some of Professor Allan’s more abstract
examples. Dr. Crowe and Professor Ratnapala both set readings each week from their respective
textbooks, but I found them to be almost exactly the same as their lectures. Professor Ratnapala’s book
is unnecessary if you don’t intend to choose his topics as an exam question - you can easily get by with
just Hart and Dr. Crowe’s nutshell book, which is money very well spent - although useful to clarify any
points.

RECOMMENDATIONS
In Professor Allan’s lectures: don’t forget to do the readings (he will probably ask you a question, and if
you don’t know the answer he’ll keep asking you questions), but also wear inconspicuous clothing. For
Professor Ratnapala and Dr Crowe’s half of the course: don’t be put off going into the final exam only
knowing half of the assessable topics - it sounds strange, but we had 6 questions from which to choose
2 to answer. Jurisprudence is warped in that no matter how much you understand a concept, you can
go into an exam and still come out just passing. They want you to bend and shape the concepts in ways
you’re never going to get from doing readings, or readings of interpretations of the theorists. I honestly
can’t give any advice as to how one can guarantee success. You just have to be really deep, really un-
derstand stuff, and be able to consider its relevance in light of the world today.

2011 DIST
1
0%
2
1%
3
0%
4
12%
56 47% 31%
7
10%

83
SEMESTER TWO Elective COURSES
FAMILY LAW
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. David Family Law examines the distribution of marriage and matrimonial causes powers
Morrison between Commonwealth and States, marriage and its legal implications, nullity and
Classes: dissolution of marriage, custody, adoption, matrimonial property, maintenance, matri-
13L 5T monial injunctions, costs and procedure.

STUDENT PERSPECTIVES
CONTENT
We started looking at three theoretical perspectives to family law before moving onto children matters,
spousal maintenance and finally to property matters. Property matters, being the more difficult of the
three subjects, took up most of the course. As it is a legislative area, we focussed on the legislation with
reference to case law to explain the provisions and demonstrate how the legislation is implemented. I
found the course interesting, however sometimes the lectures were presented rather unenthusiastically.
The course wasn’t too challenging, and is quite practical. The course was generally interesting but at
times a little dry. There was definitely an effort made by the lecturers to point out what actually happens
in reality and the difficulties that can arise in family matters. Be warned, this is not like many other law
courses. Precedent has little effect and the course is largely centred around statute law and the indi-
vidual circumstances of the case. Practical enforcement of the law is limited, with a preference towards
agreements between the parties. It is highly subjective and definitely a ‘no right answer’ course so long
as you follow the evaluation process given in the statute. Most of the cases are rather interesting
factually but the course is not overly challenging.

CLASSES
Some lectures were engaging; the lectures on children’s matters in particular, were presented extremely
passionately. There were participation marks for the tutorials - the tutor led with great enthusiasm,
allowing everyone an opportunity to contribute, offering content that was not covered in lectures. With
so few course resources the weekly workload was significantly less than most courses.

ASSESSMENT
The is assessed by 10% for course participation across 5 tutorials, an optional mid-semester worth 20%
and a final worth 70% or 90%. These assessments are timed well; as the final is a take-home exam, the
mid-semester exam was by no means necessary, given the quantity of other assessment at that time.
The mid-sem was not even discussed until a few days before its due date, so its emphasis in the course
is somewhat downplayed. You have sufficient time to complete the final, and it was enjoyable, but with
a tight word limit. The best part of the course was that you could hand in a tutorial answer and have it
marked like an exam. This provided terrific feedback that was incredibly useful in the take-home exam,
which had a similar structure to several tutorials. There was plenty of time to complete the take-home
exam and it made for an almost enjoyable assessment item. The optional mid-semester exam turned
out to be a poor choice, with an unexpected focus.

85
RESOURCES
Sometimes the Powerpoints weren’t available on blackboard until a couple of hours before the lecture.
Such slides are normally rather broad, with only a few points on a few slides; furthermore, the learning
guide from 2010 had been scrapped/removed and not replaced with any kind of equivalent for 2011,
leaving a severe lack of resources aside from the skeleton slides.
The legislation is strangely designed and sections are difficult to correctly order in application so at-
tending tutorials is absolutely essential. Lacking a set text, this course requires a lot of independent
learning. Occasionally lectures were cancelled, for which the lecturer substitutes a 24 minute recording,
generally consisting of provisions from the Family Law Act read aloud.

TEXTBOOK
There is no prescribed textbook. The recommended text, Dickey, is not essential; it’s better to read the
cases to see how judges apply the law. I would suggest buying Dickey, just hire it from High Use and
have a read over it for any relevant cases which you might be able to use to support your arguments
once assessment rolls around.

RECOMMENDATIONS
Read more cases and submit tutorial attempts for marking by the tutors. Make sure to engage with the
facts in the problem question. It is all about what is best suited to the particular client rather than rules of
law. Follow the procedure set out in the legislation, weigh up competing arguments that the other party
may try to present, apply your tutorial feedback to the exam, and you’ll pretty much be set. Make sure
to use recent cases because trends in the law have changed. Consider taking the mid-semester, as the
marking on the final is somewhat erratic and it would be nice to guarantee marks in the bank.

1
0%
2
4%
3
0%
4 5 6
42% 33% 17%
7
4%

86 % of students achieved a grade of 5-7 for Public International Law in 2011


LAWS5126 UNJUST ENRICHMENT
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
This course examines selective claims involving unjust enrichment by the receipt
Assoc. Prof.
of money or other benefits at the expense of the plaintiff. Topics include mistaken
Kit Barker
transactions; misdirected payments; claims arising out of ineffective contracts;
Classes:
duress and other abuses of power; unauthorised exactions; justifiable intervention;
13L 5T
disgorgement of profits from wrongdoing; defences.

STUDENT PERSPECTIVES
CONTENT
This course concerns an emergent area of private law known as ‘unjust enrichment’. Broadly, ‘unjust
enrichment’ is a form of action that stands alongside contract, tort and equity as a source of legal rights.
Consequently, in my view, no understanding of the private law is complete without it. It is particularly
important for those who intend to enter private practice.

This was easily my favourite course at law school. That had as much to do with the teaching as the
content.

The content is intellectually challenging but very interesting. The core of unjust enrichment is largely
settled, but there is a considerable uncertainty as to its periphery. For this reason, a lot of the discus-
sion focused on the interface between unjust enrichment and other areas; contract and property in
particular. You will learn as much about these other areas, and the history of the common law, as you
will about the substantive law of unjust enrichment. Most importantly, you will come to understand the
private law as a contiguous whole and not simply rules of individual application.

CLASSES
The teaching style may be different to that in other courses. Because there are few concrete ‘rules’, the
course is taught in the Socratic style. That is, lectures are interactive forums for discussing material that
students read about beforehand, rather than comprehensive expositions of the material. I found this to
be extremely rewarding. For possibly the first time in my degree I was forced to really think about what
I was learning. As a result, I have no doubt that I am a better lawyer today for taking the course and I
encourage everyone who is serious about the law to do so.

ASSESSMENT
There was a 30% essay and 70% open-book exam.

The final exam comprised four (4) extended responses: two essay-style and two problem-style. We
were told in advance broadly what topics would be covered and so it was simple to prepare. The exam
itself was generous, with no surprises.

The essay topic required students to evaluate a High Court decision in the area. There is no word limit
imposed. There is a lot written in this area and so researching for the essay may take a while and
should be started early.

RESOURCES
As the teaching is conducted in the Socratic style there is limited use of slides and Lectopia is not used.

87
TEXTBOOK
The course text is ‘Barker and Grantham, Unjust Enrichment’. It is a very good commentary and materi-
als book and there is no need to purchase another.

RECOMMENDATIONS
Start reading for the essay early.Read the set material prior to each lecture and tutorial.
Participate in the discussion.

2010 DIST 1
0%
2
0%
3
0%
4
24%
5
46%
6
21%
7
9%

88 % of students passed Private International Law in 2010


INSURANCE LAW
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Mr. Ken Horsley The course focuses on the statutes and common law principles regulating i
Classes: nsurance law. The aim of the course is to familiarise students with legislation such
13L 5T as the Insurance Contracts Act 1984 (Cth) and compulsory third party motor vehicle
workers compensation legislation as well as the common law principles applicable
to insurance contracts.

STUDENT PERSPECTIVES
CONTENT
The course was essentially about the legal framework around the formation and enforcement of insur-
ance contracts. It focused on general insurance rather than specific types of insurance and focused
more on liability insurance than, for example, property insurance. The content was quite dry. The parts
of the course that focused on the common law were often boring because the law is fairly simple and
well-settled. The rest of the course focused on statutory interpretation, which was more interesting but
usually involved fighting against poorly drafted legislation. On the other hand, the cases presented
some of the more bizarre factual scenarios I’ve come across in law school. The lecturer was also a
practitioner and so could give some interesting practical examples.

CLASSES
The course was taught intensively so the lectures were very long and even the lecturer seemed sick of
them by the end. Long lectures coupled with dry content do not make for the best learning experience.
The lecture content was fairly clear and the lecturer was clearly very knowledgeable, though the lectures
were sometimes disorganised and some of his explanations of more complex concepts were confusing.

There were only two one-hour tutorials during the entire course and in my opinion these were mostly a
waste of time. We only discussed two problem questions (most of the exam comprised problem
questions) and did not discuss the answers in any detail. My tutor (who was the lecturer) did not seem
prepared and the discussion often went in circles around minor issues.

ASSESSMENT
We were given a fairly long time to complete the case note assignment, which was short and quite sim-
ple. The lecturer’s expectations were unclear but the assignment seemed to be marked generously so it
didn’t really matter.

We received marks just for attending lectures, which seems pointless but nobody really complains about
free marks. On the other hand, some marks were reserved for tutorial participation and it was never
said how many were reserved or how these marks would be allocated. This led to tutorials dominated
by a couple of students trying to make an impression, which is not helpful for anyone.

Apart from a brief revision lecture/tutorial later in the semester, we received no help in preparing for the
final exam. In particular, no past exam feedback was provided and even the format of the exam
(problem questions, essay questions) was not made clear.

RESOURCES
The bulk of the course content was in the lecture slides, although some of them required elaboration.
The learning guide seemed to be a slightly more detailed version of those slides and so was not very
helpful. Having said that, most of the essential principles were fairly simple and the more complicated
principles were explained fairly comprehensively in lectures.

89
TEXTBOOK
The lecturer did not refer to the recommended textbook outside the first lecture. The learning guide con-
tained recommended readings from that textbook but they did not match exactly with the lecture content
and sometimes barely matched at all. I personally found the textbook useful as a fairly simple and clear
summary of general principles, but it went into more detail than was necessary for the course in some
areas and insufficient detail in others (particularly the issues around statutory interpretation).

RECOMMENDATIONS
Don’t get caught up on technicalities. There are some difficult unresolved issues in insurance law, but
you will generally just need to identify the issues when they arise and know the gist of the arguments on
both sides.

Pay attention when the lecturer is discussing specific areas of insurance law. Even though little time is
spent on motor vehicle insurance and workers’ compensation, at least one exam question will probably
focus on these areas.

1
0%
2
9%
3
0%
4 5 6
40% 25% 19%
7
6%

90 % The PASS RATE FOR LAW OF CONTRACT B IN 2010


LAWS5153 PRIVATE INTERNATIONAL LAW
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Craig Forrest Problems associated with intrusion of a “foreign” system of law including topics of
Classes: jurisdiction, recognition of foreign judgments, domicile, family law, property law,
13L 5T contracts, torts, succession & administration of deceased estates.

STUDENT PERSPECTIVES
CONTENT
The course focuses on disputes that arise in either Australian courts or international jurisdictions that
have an international element to them. This element may mean that a different body of law to that of
the jurisdiction applies, or that a foreign jurisdiction may be more appropriate. In particular, the course
focuses on the areas of tort, contract and family law and their interaction with international law. The
course was very interesting. It often addresses complex and interesting factual situations, and it is
good to learn about rules and law in other jurisdictions. It is quite challenging, with certain topics being
complex and requiring you to consider the international law of various jurisdictions. It is necessary to
work out methodologies to work through this, which Craig is very helpful with. The course is relatively
practical. While you are unlikely to work exclusively in international law, it is good to know the general
process you follow as it may arise in any area of law you work in. It will also explain certain things
about areas of law you may have already come across (e.g. why certain clauses to do with jurisdiction
appear in many contracts).

CLASSES
Dr. Forrest does a really good job of setting everything out and making it clear so classes were easy
to follow and interesting. The weekly workload was not too bad. While the text book chapters were
long some weeks, it was an easy book to read. Also, Dr. Forrest identifies the case law you should
be focusing on. It is highly recommended that you prepare for tutorials. It does not take long as you
could usually have a decent go based on the lecture materials for that week.

ASSESSMENT
The assignment was optional, and even better, it only contributed to your overall mark if it affected it
positively. For this reason, it is probably a good idea to have a go at the assignment as a ‘learning
experience’. That being said the assignment is usually on a topic which is not particularly important
for the final exam. In 2011, the exam material was centred around, not so much the content studied,
but the current issues as discussed in lectures and made available on blackboard.

RESOURCES
The resources were decent for this course. Craig recorded the lecturers for the first time, but attending
the lectures is highly recommended as Craig has a very good teaching style and will often take extra
time to go over things which you might skip if listening at home. Past exam feedback was provided and
was very helpful to go through. As the exam is usually all problems it is good to have a really good idea
of the structures of answering questions as his exams are always very time pressured.

TEXTBOOK
The textbook is very detailed and helpful. If you are not going to read cases, at least go over the brief
summaries that are often provided in this. Craig does not let you take it into the exam (although it is
open book, just no books allowed), which is annoying because it is really expensive.

91
RECOMMENDATIONS
It is important to engage with the course week to week. It is not a huge workload but will make a big
difference come the final exam, where because it is so time pressed, it is important and helpful to
have a really strong fundamental understanding of the subject.

2011DIST 1

0 %
2
10%
3

0%
456
45% 25% 13%
7
7%

92 %: The percentage of students achieving a grade of 5-7 for Research Project B in 2011
public international law
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Anthony The course examines the sources of international law, international and municipal
Cassimatis law; international personality; recognition; state territory; human rights and
Classes: international law; treaties; personal jurisdiction; use of force; pacific settlement of
13L 5T disputes; international organisations including International Court of Justice;
regional organisations; international economic organisation and the law of the sea.

STUDENT PERSPECTIVES
CONTENT
The course examines the sources of international law, international and municipal law; international
personality; recognition; state territory; human rights and international law; treaties; personal jurisdic-
tion; use of force; pacific settlement of disputes; international organisations including International
Court of Justice; regional organisations; international economic organisation and the law of the sea.

CLASSES
Dr. Cassimatis is a great lecturer who is clearly passionate about international law. He was engag-
ing and always extremely well prepared. He did cover the material at an extremely rapid pace, purely
because of the amount of material to cover and his desire to give students an adequate knowledge
in all of the main areas. Therefore, doing the readings, or at least reading through the relevant lecture
notes (which can sometimes be 40 pages per lecture) prior to the lectures is very helpful. The tutorials
were structured around the readings, so it was advisable to do the readings prior to class. One or two
exam questions are always drawn from the topics covered in tutorials, so the ability to cite the read-
ings discussed was beneficial for students seeking to do well.

ASSESSMENT
There was no optional assessment. Students completed an assignment for a third of their grade and a
final exam for the remaining two thirds. The assignment was (and is always) on a recent international
case that demonstrates a particular principle of international law (usually concerning interests of the
international community, such as jus cogens norms or erga omnes obligations). This gave students
an opportunity for both theoretical and practical discussion. The final exam was open book and gave
students a choice between questions. Thirteen years worth of past exam papers and feedback wasl
make available, so the style and content of the final exam was no surprise to students who prepared.
The final exam was fair and reasonable.

RESOURCES
All lectures were available on Lectopia and an extremely comprehensive and detailed Learning Guide
was provided. Tutorial notes were provided towards the end of the course for topics not covered. Sub-
stantial past exam feedback was also available.

TEXTBOOK
There are two recommended texts - one on principles and one on cases and materials by Harris.
Both are very helpful, but quite basic. However, given the breadth of the material covered, many stu-
dents were grateful for a text that didn’t delve too deeply into the complexities and theoretical under-
pinnings of each area which at times can become very overwhelming. For those students interested
in the intricate details, there were a number of other recommended texts available in the library. The
texts by Triggs and Shaw are the best in this regard.

93
RECOMMENDATIONS
Be sure to keep on top of the content as the course progresses. Given the breadth of what is covered,
trying to cram close to the exam is just impossible. Even just reading the Learning Guide would be
better than falling behind in this course.

1
0%
2
1%
3 4 56
0% 1 4% 50% 24% 11%
7

94 % of students passed International Trade Law in 2011


LAWS5160 MARITIME LAW
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Craig Forrest Aspects of admiralty & maritime jurisdiction, including liens & arrest of ships, bills of
Classes: lading, charter parties, marine insurance, securities, collisions & groundings,
13L 5T salvage, pilotage, towage, wreck, bounty & ransom.

STUDENT PERSPECTIVES
CONTENT
Maritime law is an extremely broad area, and thus this course covers a lot of ground. It looks at the
fundamental ‘Law of the Sea’ rules (public international law), admiralty (my ship collides with your
ship) as well as, importantly, carriage of goods by sea (bills of lading, charterparties). The subject is
fascinating, and students get a feel for just how significant the issues are (the fact that over 90% of
Australian trade is done by sea will be emphasised!). Maritime law is tough - veterans of the class of
2010 will recall the behemoth final exam paper. Ultimately though, the work pays off. Maritime law is
truly international in scope, and there is an ever increasing demand for lawyers with expertise in this
broad area.

CLASSES
The lectures were clear and engaging - teachers and practitioners in the area have a passion for the
subject, and it shows. Guest lecturers feature heavily in the lecture program, and students who pre-
fer more continuity in their classes might be unsettled by this. The workload for maritime law is a tad
above average for an elective course.

Assessment
Case notes, case notes, case notes. If case notes are your thing (and provided the 2012 iteration
of the subject is consistent with its 2010 counterpart) then you shall do well in this subject. In 2010
students were required to complete two case notes (40%), in addition to a final exam (60%). The case
notes were not overly difficult, and high marks were generally received across the board. Don’t expect
particularly detailed feedback, however. Of course, there’s also a final exam to contend with. Because
of the broad scope of maritime law, the exam - even as an open book exam - is daunting. Doing well
in the case notes makes completing the final exam a much less stressful affair.

Resources
The course is well resourced. In 2010 students were required to have a copy of Davies and Dickey,
Shipping Law (3rd ed, 2004). It is the writer’s humble opinion that it’s possible to survive the subject
without owning the book. Such a course of action is not advised, however. In an area as diverse as
maritime law, it helps to have a core tome of knowledge to guide you through the complex material.

Recommendations
Maritime law is an industry-specific subject, and students will be surprised at how different each of the
topics are. This is a good thing, as sometimes efforts to compartmentalise various areas of law (tort,
contract, insurance) do not end up faithfully reflecting practice. Maritime law, by contrast, draws on a
range of different areas. It is important to be on top of the fundamentals, particularly contracts. It is
also important to be open-minded.

2011 DIST 1 2 3 4 5 6 7
1% 4% 0% 39% 38% 20% 2%

95
Legal history
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Warren An examination of the origins of the Common Law system. In particular an
Swain examination of the emergence of the courts, legal personnel, the jury, the equitable
Classes: jurisdiction, and key areas such as the law of contract, negligence and criminal law.
13L 5T

STUDENT PERSPECTIVES
CONTENT
The course focused on the common law tradition as it developed in Britain. This focus was com-
plemented by an examination of Scandinavian and Continental influences on the common law, and
the common law’s reception in Australia. Though not particularly practical, at least not relatively, the
course did give context to presently applicable legal principles. It’s impracticality, however, likely con-
tributed to the course being quite interesting. Of special note was our study of the duel as a means of
resolving a civil dispute, which was only outlawed in Britain in the late nineteenth century.

CLASSES
The workload was fair. The course is minimally legalistic; I found that it felt more like a
sociology subject, which meant less focus on case law. Which is good.

ASSESSMENT
The assessment was fair, with feedback provided on request. The lecturer was a patient, generous
man and had time for everybody.

RESOURCES
The resources were made easily available by the lecturer. They were important, especially to the final
piece of assessment.

TEXTBOOK
The textbook did not account for the entire content of the course, though was useful for the portion to
which it related.

RECOMMENDATIONS
I would approach this subject with glee.

1
0%
2
4%
3 4 56
0% 11% 58% 20% 17%
7

96 % of students passed Family Law in 2011 the


laws5171 ADVANCED CRIME & CRIMINOLOGY
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Clare The discipline of criminology involves a systematic study of crime and social control.
Cappa In addition to analysing the causes of crime and the responses of criminal justice
Classes: agencies such as the police, the courts and the correctional system,
13L 5T criminology offers critical perspectives on the nature of social control in
contemporary societies. This course focuses on four major concepts within the
discipline of criminology, and explores the theoretical underpinnings and policy
implications of each issue.

STUDENT PERSPECTIVES
CONTENT
The course initially focused on criminological theories as a foundation for the examination of specific
types of crime, the rationale for imposing penalties and the sentencing process, and the role of alterna-
tive forms of punishment and sentencing options in the Criminal Law context. The course encourages
students to critically consider the Criminal Law’s practical application with reference to criminologi-
cal theories and propose theoretically-informed policy recommendations. Therefore, the course was
focused upon contemporary crime policy with reference to both theoretical and practical implications.
Tutorials and assessment were geared toward highlighting this.

CLASSES
Lectures were very well-structured and engaging and were enhanced by comprehensive powerpoint
slides. It is recommended that students read the relevant section of the Learning Guide prior to attend-
ing lectures, particularly for the topics concerning criminological theories which can be quite intricate.
Tutorials often involved class discussion regarding a factual scenario, contemporary crime policies, or
current criminal cases.

ASSESSMENT
A mid-semester exam examining material from the first half of the course was held during lecture time.
It involved a variety of exam question formats including multiple choice questions, true/false questions
which required a response accompanied by written justification, and short answer questions. The take-
home exam gave students a choice of several extended essay questions with a crime policy emphasis
to respond to. Critical consideration of the topics covered in the course was required. Ample individual
feedback was provided for the take-home exam.

RESOURCES
The course’s Learning Guide provided an excellent introduction to the topics and material to be covered
in lectures each week. This was supplemented with comprehensive powerpoint slides for every lecture.
These resources formed a useful and clear summary of the essential information to note, particularly for
assessment purposes.

TEXTBOOK
White and Perrone’s book is the required text for this course and is highly recommended as it compli-
ments the course work well. Additional readings were mentioned in the Learning Guide and were often
made available via Blackboard or the UQ Library website.

97
RECOMMENDATIONS
Carefully consider how criminological theories can be applied practically, especially in the context of
contemporary crime policy. Compare and contrast criminological theories and identify how their applica-
tion may lead to different policy outcomes. Completing the weekly readings will assist you in preparing
for the mid-semester exam and will provide a useful starting point for your take-home exam responses.
Take note of interesting criminal cases in the news while studying this course as it will enhance tutorial
discussions.

2010 DIST 1
0%
2
3%
3
0%
4 19%
567
39% 26% 10%

98 : The increase in the number of enrolments in Commercial Law in 2011


ISLAMIC LAW
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Ann Black An introduction to the history and scope of Islamic law and the legal system including
Classes: an examination of comparative issues relating to Islamic and western secular legal and
13L 5T constitutional thought. Topics include: pre-Islamic background; features of the Islamic
legal system; sources, the theoretical and practical application of Islamic law;
comparative issues and Islamic criminal law and procedure.

STUDENT PERSPECTIVES
CONTENT
The course content for Islamic law focused primarily on the comparative issues concerning Islamic law
and secular western legal systems. Also addressed in this course were the historical aspects of Islamic
law, its various sources and how its edicts are applied in a criminal context. Of particular interest to my-
self (and a significant theme throughout the course) was the question of whether Islamic law and Sharia
courts could be compatible within a secular western legal system.

CLASSES
The most attractive part of the course was certainly the lectures and tutorials. The tutorials were ex-
tremely engaging and provided an excellent platform for discussion. Tutorial attendance was essential
as students were required to complete short answer questions that were similar to those on the final
exam. Occasionally there were guest lecturers who had an area of expertise within the field, these pres-
entations were quite fascinating and are well worth attending. The lecturer, Ann Black, was approacha-
ble and well organised. She always encouraged student input and offered compelling insight throughout
the semester.

ASSESSMENT
Assessment for this course was divided into 3 parts. There was a 10% piece of optional assessment
which allowed the students to partake in an oral presentation on a particular aspect of Islamic culture. I
would encourage all students to choose the oral assessment in order to greater expand their knowledge
of the subject matter. Also, if students complete the oral assessment, their assignment on contemporary
legal issues will be worth 30% rather than 40%. Students are given virtually all semester to complete
the assignment and are able to choose from a variety of intriguing topics. The final exam was worth
40% of the grade and although challenging, assessed the student’s knowledge fairly.

RESOURCES
A wide range of resources were made available for this course. The lecturer made use of lectopia in ad-
dition to very detailed power-point slides. The learning guide was quite succinct and primarily consisted
of tutorial questions. However, it also referred students to the compulsory tutorial readings which were
vast but extremely informative. Overall, I found that there were ample resources available.

TEXTBOOK
There were a wide variety of books recommended on the course profile and I found the most
informative to be Jamila Hussain’s book, Islam: Its Law and Society (2nd Edition). However, none of
these texts were compulsory and although I found the recommended textbooks to be useful for
reinforcing my knowledge, they were by no means essential material.

99
RECOMMENDATIONS
It is well worth attending every lecture for this course and to pay careful attention to the key points of
law introduced by the lecture slides. Tutorials are absolutely essential as they are often used to discuss
intricate points within the journal articles. These are extremely useful for giving the student a much
deeper scope of knowledge concerning contemporary legal issues within the course.

1
0%
2
0%
3 4
0% 24%
5653%
7
34% 11%

100 %: The percentage of students achieving a grade of 7 in the Jessup International Law Moot in both 2010 and 2011
laws5202 immigration and refugee law
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Dr. Peter Immigration and Refugee Law examines the legal and regulatory framework under
Billings which persons are permitted to migrate to Australia. It examines the various
Classes: migration programs (Family, Skilled, Refugee) as well as the ability of the courts to
13L 5T review migration decisions.

STUDENT PERSPECTIVES
CONTENT
This course gives an interesting introduction to Australian migration law, which encompasses busi-
ness, family or tourist immigration, as well as ‘humanitarian immigration’, ie the law applicable to
asylum seekers and refugees. Migration law is a vast and detailed area of law; Dr. Billings focuses
primarily on refugee law as the subject through which the broad principles and materials of Austral-
ian migration law are examined. The course also integrates elements of administrative law and public
international law.

CLASSES
Immigration and refugee law is a politically charged and complex area. This reality lends itself to engag-
ing class discussion and interesting legal questions. Dr. Billings has an unbiased approach to teaching
and class involvement was encouraged. As there were only five tutorials during the semester, tutorials
were taken up with the oral presentations. These were generally interesting and supplemented the
course materials well.

ASSESSMENT
The course assessment was a unique combination (for a law course) of a group tutorial presentation
(20%), a research essay (40%) and a final exam (40%). The group work was generally a successful
and positive experience for students. The assessment was reasonably weighted.

RESOURCES
Most resources for the course are available electronically. While the Learning Guide is not very detailed,
the required and suggested readings are manageable, interesting and relevant to explaining the subject
of each week’s class.

TEXTBOOK
Most resources for the course are available electronically.

RECOMMENDATIONS
It is important to keep an open mind throughout this course. If I were to enrol again, I would take more
time to soak up the readings. There are many dimensions to immigration and refugee law - legal,
social, political, economic, global - and it is useful to clarify how specific law and policy initiatives or
research fits in this spectrum. Understanding the underlying rationale, and domestic and global context,
for the ‘rules’ will help students make better legal arguments - a useful skill for the assessment and in

56
general!

2011 DIST 1 2 3 4 7
0 % 0% 0% 10% 42% 42% 6%

101
LAW OF EVIDENCE
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Assoc. Prof. This course involves the study of the law governing admissibility of evidence. As
Jennifer Corrin Twining says, evidence is ‘traditionally perceived as a dry, highly technical, and
Classes: mysterious subject’. In fact, as he goes on to point out, ‘the problems of evidence in
13L 5T law are closely related to the handling of evidence in other kinds of practical
decision making and to other academic disciplines … it is closely related to
common sense and … an interesting, lively and accessible subject’.
The course concentrates on the law of evidence in Queensland. It also makes reference to the Com-
monwealth law of evidence, particularly where there are interesting comparisons to be drawn. The
topics include: identification evidence, including consideration of the problems with eye witness
evidence and a look at the use of DNA evidence; examination of witnesses and other aspects of evi-
dence at trial; competence and compellability; privilege; burdens and standards of proof; documentary
evidence; opinion evidence; hearsay evidence; admissions and confessions; illegally obtained evi-
dence; and corroboration. The approach taken throughout this course is not merely to study and learn
the rules of evidence, but to look at the way the rules work in practice, and to question whether they
are just. We will also make reference to some of the rules of ethics that apply in relation to evidence.

There is a 53 page Learning Guide giving outlines and readings for each Module. Teaching mode is
face to face, apart from in Exhibition week when there is an online Module. There is a two hour lecture
each week and ten tutorials spread out over the semester. There is usually at least one guest lecturer
during the semester given by a judge, a practitioner, or a police prosecutor. In tutorials you will be
asked to participate in discussion designed to promote understanding of how the rules of
evidence operate and how they might be improved. This course has a reputation for being difficult,
possibly because it is conceptually different from substantive law courses. Do not be put off by this!
The key is to attend classes and think about the material as you go along. If in doubt please ask me
– I have an open door policy. Preparation for tutorials and participation in the discussion
is good preparation for the exam. Students seeking admission to the legal profession must complete
this course or its equivalent. Criminal Law B and Civil Procedure are prerequisites for this course.

STUDENT PERSPECTIVES
CONTENT
This course provides an introduction to the development and structure of the legal profession, admis-
sion as a lawyer, moral frameworks of legal practice, duties to clients, duties relating to holding and
dealing with trust money, duties of advocacy and representation, competence, loyalty and confidential-
ity, and professional discipline. While the course itself never came across as challenging, the final exam
proved quite difficult and I should have prepared more thoroughly. The use of guest speakers kept the
course quite interesting although because of this many students would regularly skip lectures. Lectures
were, however, usually recorded and there is comprehensive learning guide. The course content is use-
ful if one plans to practice law eventually, however it seemed that practical legal training done prior to
admission would cover many of the same topics.

CLASSES
The lectures were well-structured and interesting and the lecturer was approachable and happy to
answer any questions. The lecturer also showed a couple of videos on hearsay and examination of
witnesses at trial which helped to explain some of the lecture content. The reading load each week was
very heavy and as there were 2 textbooks it was at times a little repetitive. The tutorials were very well-
structured and clearly applied the law to the problem questions.

102
102 : fewer students enrolled in Civil Procedure in 2011 than in 2010
ASSESSMENT
There was a compulsory assignment (court visit) and final exam. The court visit was an eye-opening
experience and allowed students to observe the rules of evidence in practice. I was fortunate enough to
only have to attend court once (many students had to visit multiple times, so ensure you leave yourself
enough time) and really enjoyed the opportunity. There were examples of past court reports on Black-
board which were helpful in seeing what was expected as well as a tutorial devoted to discussing the
court visits. The lecturer was also very helpful in answering questions relating to the assignment (espe-
cially regarding topics not yet covered in the course).

The final exam was time pressured and there were a lot of issues to cover in each question. There were
past exam papers and feedback available on Blackboard allowing students to observe what the lecturer

RESOURCES
The lectures tended to follow the structure of the Learning Guide (which was quite detailed) and were
supplemented by Powerpoint slides. On Blackboard the lecturer provided feedback from past exams
and examples of past assignments which were very helpful in preparing for assessment. There was an
online module during Exhibition Week which was easy to follow.

TEXTBOOK
There were two prescribed textbooks for the course (Field and Waight & Williams). Be warned, as there
are two textbooks there are is an exorbitant amount of prescribed reading each week. However, having
said that, it was beneficial to read both textbooks in order to gain a deeper understanding. Field was
easier to read and provided more of an overview of Queensland law whereas Waight &Williams
provided case and legislation extracts but it was not specific to Queensland.

RECOMMENDATIONS
It is really important to complete the reading in order to gain a good understanding of the course as
some topics are rather technical. The reading may seem impossible each week but it will really show
through in your answers in the assignment and final exam.

1 2
0% 1%
3
0%
456
33% 44% 20% 2%
7

103
laws5223 advanced tax
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Assoc. Prof. The course builds on the basic tax concepts used to determine income tax pay-
David able by considering specific contemporary issues such as the taxation of entities,
Morrison special topics in capital gains tax, international issues, tax evasion & avoidance,
Classes: administrative aspects of tax, & goods & services tax.
13L 5T

STUDENT PERSPECTIVES
CONTENT
Advanced tax focuses on the taxation issues regarding companies, partnerships, sole traders and
trusts. The content was interesting and topical. Emphasis was placed on the importance of choos-
ing the right structure for a business entity, and topics such as capital gains tax, GST, tax evasion and
avoidance, and asset protection were also covered. While it would be helpful to have taken corporate
law or commercial law prior to taking this course, they are not pre-requisites and Dr. Morrison was well
aware of this and accommodated for it.

CLASSES
The lectures were engaging and treated more like a forum than a lecture. Dr Morrison welcomed ques-
tions and was keen to know what areas the class was interested in so that he could cover those. Tutori-
als were interesting and aligned with the assessment content. The workload was average for an elec-
tive course.

ASSESSMENT
The assessment consisted of a 40% open book mid-semester exam and a 60% take home exam for
the final which was due prior to SWOTVAC. Dr Morrison’s examination technique focused on assessing
people’s knowledge and understanding of the course rather than their ability to regurgitate the course
content under exam conditions. The mid-semester exam’s fact scenario was provided to the class the
day before the exam to ensure everyone understood the facts and was confident with them, and then
accompanying problem questions were provided to us on the day. We were given two days to complete
the final take-home exam which was ample time.

RESOURCES
The Tax Act can be downloaded online. Dr Morrison uploaded scanned copies of the relevant chapters
of his text book and provided links on Blackboard to any important journal articles.

TEXTBOOK
The prescribed textbooks were helpful but library copies will suffice.

RECOMMENDATIONS
Ensure that you treat take-home exams seriously. Study as you would before any exam, and don’t
assume that just because you have two days, that you can learn the applicable content as you go.

2011DIST 1
0%
2
0%
3
0%
4
28%
5
44%
6
19% 9%
7

104 students that completed the UQLS eds survey strongly opposed the idea that the UQ exam viewing procedure is efficient
special topic B - south pacific law
COURSE OVERVIEW
Offered:
Semester 2
Coordinator:
Prof. Jennifer South Pacific Law offers you the opportunity to study the law and legal systems of
Corin the small island countries of the South Pacific, including Fiji, Samoa, Solomon
Classes: Islands, Tonga, and Vanuatu.
36C
This will be a comparative study, concentrating on aspects which make South Pacific law and legal
systems distinctive, such as the collision between Western concepts of law and customary law and
the hybrids that have emerged. Although you will be required to become familiar with the patterns of
law operating throughout the South West Pacific, you will be invited to choose one main country and
one secondary country of interest to you from the list in the Course Profile to concentrate on during the
course. The comparative work we do will assist you in evaluating the law and legal systems in force and
in the development of your own ideas for change. The course examines some exciting current issues in
the South Pacific, with implications for law and society outside the region. After a brief look at the de-
velopment of law from pre-colonial times, through independence to the present day, we will explore the
current legal systems, including constitutions, sources of law, court systems and dispute resolution, and
traditional leadership. Customary law is a major theme, with particular emphasis on its inter-relationship
with introduced law and human rights. There will be a Learning Guide, and PowerPoints for each lecture
will be available on this site at least one week before the class. There will be a two hour face to face
lecture every week, and five tutorials spread out through the semester. The assessment regime for 2012
has not yet been finalised, but is likely to be a case note worth 30% and an examination worth 70%.

STUDENT PERSPECTIVES
CONTENT
Laws of the South Pacific considers the often complex interaction between customary, colonial, and
post-independence laws in nations in the South Pacific. The competition between these sources of
law and the emerging body of South Pacific jurisprudence is considered through, inter alia comparison
of constitutional frameworks, family law and land rights regimes, court structures and approaches to
human rights. The interaction between customary or tribal law and new formal laws, in particular in the
area of human rights/womens’ rights was thought provoking and the subject of much class discussion,
especially where the country in question is a signatory to human rights treaties. This subject is an excel-
lent comparative law subject and would be a good choice for anyone interested in constitutional law
and human rights law particularly given Australia’s ongoing role in assisting South Pacific nations with
their legal systems.

CLASSES
The classes were clear and engaging and class discussion was encouraged. The weekly workload was
reasonable.

ASSESSMENT
The major assessment was an essay on a topic of your choice. Given the extensive ambit of the mate-
rial covered in this course it was good to have the opportunity to gain an in depth insight into one topic.

RESOURCES
Adequate resources were provided for the course and resources provided were helpful in preparation
for assessment.

105
TEXTBOOK
There is little commentary on South Pacific laws. Dr Corrin’s textbook is extremely helpful and analysis
of cases is used more than in other subjects to illustrate teaching points. This approach is not burden-
some because the cases are not long and, because they frequently involve customary law, are not dry
and often sparked class debate.

RECOMMENDATIONS
If you are interested in law and development; indigenous laws; law and culture; and/or human rights,
this course may be for you.

1 2 3 4 5 6 7
0% 0% 0% 0% 25% 33% 42%

106 students completed Law of Remedies in 2010


SPECIAL TOPIC C - UNREPRESENTED
laws5225
CRIMINAL APPELLANTS PROGRAM
COURSE OVERVIEW
Offered: Up to six students will be selected for each of the semester programs to be run in
Semester 2 2012 and 2013. Students will be required to have successfully completed Criminal
Coordinator: Law A & B and preference will also be given to those students who have successfully
Assoc. Prof. completed Evidence Law.
Heather
Douglas Students will be supervised one day each week (Wednesday) for a thirteen week
Classes: semester in semester 2, 2012 and 2013 as they provide advice and assistance to
NA individual litigants who have not been able to obtain Legal Aid or other professional
legal advice in criminal appeal matters. In its first intake, cases will be limited to
sentence appeals and extension of time applications to the Court of Appeal. It is well
known that, despite the importance of these matters, it is very difficult for individuals
to obtain legal assistance for these matters.
Cases will be referred to the program by Legal Aid Queensland and the Registrar of the Queensland
Court of Appeal. Students will be allocated up to two cases to manage during the semester. Students
will be supervised by Professor Heather Douglas and by a practicing lawyer.

Students will undertake a range of legal tasks under supervision:

• Take instructions from clients (some clients may be custody so visits to prisons may be required)

• Assist in the preparation, filing and service of applications and affidavits at court and on other
parties.

• Assist appellants to prepare for their appearance in court.

• Prepare applications for Legal Aid review where Legal Aid has been refused and there are
appropriate grounds for review.

• Instruct pro-bono representation as appropriate / available (written instruction and instruct at


hearing as appropriate).

107
PRIVACY LAW
COURSE OVERVIEW
Offered: Privacy is a constant concern in the Information Age. Potential privacy intrusions are
Semester 2 manifest and manifold. Take for example:
Coordinator:
Dr. Mark Burdon •The News of the World phone hacking scandal - http://www.abc.net.au/news/2011-
Classes: 07-06/key-
2L, 1T players-in-news-of-the-world-scandal/2784372

• The Star Wars Kid - http://www.smh.com.au/digital-life/digital-life-news/the-star-


wars-kid-
where-is-he-now-20100604-xi0f.html

• The Sony Play Station Hack - http://www.theaustralian.com.au/australian-it/sony-playstation-


hack-hits-700000-australians/story-e6frgakx-1226045764154

• Facebook web tracking and the sale of personal information -http://abcnews.go.com/GMA/Consumer/


facebook-privacy-scandal-facebooks-watergate/story?id=11912201#.TulqfPLka8o

• The Google WiFi controversy - http://www.smh.com.au/technology/technology-news/google-


wifi-snooping-broke-the-law-privacy-watchdog-20100709-103eh.html

• Even CCTV cameras in school toilets - http://www.guardian.co.uk/uk/2011/jun/09/schools-surveil-


lance-spying-on-pupils

These controversies give rise to fundamental questions. What exactly is privacy? How do concepts
of privacy translate into privacy law? And is privacy law effective in the face of rapid technological
change? LAWS5228 will address these complex questions by:

1. Examining the concept of privacy – Lectures 1-3 will identify the different legal perspectives of pri-
vacy with particular focus on the concept of information privacy, privacy as the protection of personal
information;

2. Investigating the application of privacy law in Australia and abroad – Lectures 4-9 will examine sub-
stantive privacy law: Privacy Act 1988 (Cth); Information Privacy Act 2009 (Qld); privacy related torts
law and the newly proposed statutory cause of action for serious invasions of privacy; and

3. Applying privacy law to contemporary controversies – Lectures 10-13 will critically examine the
application of privacy law to: Social networking sites, particularly Facebook; media organisations and
corporate security breaches.

The aim of the course is to facilitate your understanding about the importance and complexity of priva-
cy law from a legal, social and personal viewpoint. Throughout the course you will be asked to critically
reflect upon the purpose and application of privacy law and your own role as a provider, collector and
user of personal information.

There will be two forms of assessment: a research essay (30%) and open book exam (70%).
Attendance at the tutorials is important as they will provide a forum to frame your understanding of
privacy law and assist you to prepare for both assessments.

You are encouraged to use your favourite technologies (laptops, iPads, smart phones etc.) in both
lectures and seminars. Most learning sessions will be technologically interactive and you will be asked
to prepare for and participate in different web related activities.

108 students that completed the 2011 Eds survey believe that it is appropriate to award a small proportion of marks for
tutorial participation
EXPLORE OUR WORLD
We are an ambitious, expanding, international legal practice with a clear strategy for
the future and a strong industry focus – in financial institutions; energy; infrastructure,
mining and commodities; transport; technology and innovation; pharmaceuticals and
life sciences.

Can you demonstrate global thinking, commercial acumen and the drive to provide the
highest standard of service to clients across these sectors? If so, you’ll like our world.

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Singapore | Sydney | Tokyo | Toronto | Warsaw. *associate office

Our world is demanding, innovative and supportive.


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