Sydney Units
LW Law

Compulsory Units in the Bachelor Of Laws
All subject content requirements specified in the Fifth Schedule to the Legal Practitioner’s Admission Rules 1994 will be met. In addition, broader overviews of these units and the remainder of our compulsory and elective units are provided below.
Notre Dame emphasizes the value of the human person and the importance of maintaining an ethical way of life. In keeping with such emphasis, all students complete core units in ethics, philosophy and theology dealing with issues that go to the very heart of participation in public life.

LW100 Legal Research and Writing - one semester
The aim of this unit is to provide a comprehensive introduction to the language and resources of law and to research techniques appropriate to law. Such an introduction will focus upon legal language, writing and research within the context of the legal information network and local legal institutions. Specific areas of learning are:

• Research techniques: Introduction to a law library, its resources and those of the rest of the legal information network; computer assisted legal research and basic skills in information technology;

• Legal writing: Understanding its nature and development; an introduction to the conventions of ‘plain English’ and good English; introduction to the preparation of briefs to counsel, memoranda of advice; legal drafting;

• Language development: Vocabulary and formal English grammar; the conventions of legal academic writing and the elements of sound argument.

The teaching/learning method will involve participants in a combination of lectures, practical tutorial workshops for hands-on skills practice in a collaborative group context and structured site visits to local legal institutions. The course will occupy 3 hours of instruction time each week of semester.

LW1010 Legal Process - one semester
The purpose of this unit is to introduce students to a critical understanding of the institutions and practices that are basic to the law in Australia. The course will include components which educate the students to greater knowledge, skill and understanding of fundamental elements in the legal system. It will provide a basis for later courses, both in its content, and also in its method of teaching, which will set the subject matter of the course within the context of realistic legal transactions, and include discussion of the ethical dimensions of legal process.

By the end of the unit students will have gained a foundation of basic knowledge about the Australian legal system, including:
• the sources of legal authority in the Australian legal system;
• the system of courts and tribunals;
• the roles of judges and lawyers;
• basic distinctions, such as those between civil and criminal law, common law and equity.

Students will also have been introduced to the skills required in essential aspects of legal work, including:
• the use of statutes and law reports;
• legal research and writing; and
• the elements of legal argument.

Throughout the unit, the students will be encouraged to reflect critically on aspects of the legal system, and this will include an introduction to the historical and philosophical sources of such elements as the adversarial system, the structure of courts and tribunals and the role of lawyers.

LW102 Legal History - one semester
The aim of this unit is to give the student an appreciation of the sources and development of the common law, equity and our legal institutions. The way in which the law has developed as society has changed and has adapted to evolving demands and circumstances provides the key to a proper understanding of the law in its modern environment. The unit will trace the development of legal ideas bearing upon the individual’s relationship with other members of society and with the State, the movement from status to contract and now back again and the part played by lawyers in giving those ideas moral content.
The unit will include a basic examination of British and Australian Constitutional history. Historical development of the law will be examined through such topics as the on-going relationship between the common law and equity, and the legal aspects of British settlement of Australia. Consideration also will be given to the historical role of the lawyer within the Anglo-Australian tradition.

LW251 Criminal Law A / LW252 Criminal Law B – full year
This unit will equip students with an understanding of the criminal justice system as it operates in New South Wales and the society in general. Students will be required to come to close grips with the Crimes Act 1900 while simultaneously considering and evaluating the influences and theories which inform our understanding of criminal law.
Where relevant, reference will be made to the Commonwealth Criminal Code – for example, the Commonwealth provisions which now affect corporate mens rea in light of the recent ‘Federalising’ of corporations law,.
The course will commence by contextualizing crime within history and culture. Various criminal law theories will also be considered, as will the roles of morality and social reaction in shaping our responses to crime.
The criminal process will be engaged with next, touching on the adversarial system, the structure of the criminal courts system and the role of discretion. The appeals process and the appellate jurisdiction of the higher courts will be explained.
Given such backdrop, the essential components of criminal offences will next be unraveled – including the actus reus, mens rea, burden of proof, and the distinction between objective and subjective standards. Negligence and absolute liability will be considered here.
An in-depth analysis will then be embarked upon of the various categories of crime. Homicide will be dealt with first via murder and involuntary manslaughter. The various defences will then be walked through in detail – along with factors which may impinge upon them. Among the topics considered are insanity, automatism, diminished responsibility, infanticide, intoxication, provocation, self defence, necessity and duress.
Assault and sexual assault will follow. The fraught issue of consent will be considered.
Dishonest acquisition - the next category of offences - will unpack the traditional offences of larceny, robbery, burglary, blackmail, receiving, goods in custody and proceeds of crime, along with the more modern white collar offences, such as fraudulent misappropriation and offences involving deception.
The extension of criminal liability through attempt, complicity and conspiracy will next be engaged with – along with some of the controversies surrounding the latter. The subject culminates with a consideration of sentencing and penalty. The various justifications for punishment (“just deserts”, “truth in sentencing”, etc) will also be touched on.

LW221 Principles of Torts A / LW222 Principles of Torts A - full year
This unit examines the role and function of the legal principles affording protection to persons or parties which have suffered loss or damage through the wrongful conduct of other persons or parties, conduct generally described as Torts and also known as civil wrongs. From a critical and theoretical perspective, students will analyse the distinction between intentional and unintentional torts, liability for negligent conduct, causing personal injury, nervous shock and pure economic loss, both at common law and through statutory protection and compensation schemes. This will include loss or damage suffered in road and workplace accidents, the negligent conduct of professionals or the use of defective or dangerous products. Further areas for examination include liability for defamatory conduct and nuisance and consideration of various concepts and defences such as vicarious liability, joint and several torts and contributory negligence. The statutory changes in the area of negligence and related areas will be examined.

LW211 Principles of Contract Law A / LW212 Principles of Contract Law B – full year
The law of contract lies at the very heart of our system of commerce and, of equal importance but perhaps not as clearly recognised, the regulation of personal dealings and of the regulation of public life. An understanding of the principles on which the law of contract is founded is essential to the proper appreciation of the legal system generally. The unit will investigate the interaction between law and equity and study the way in which equity and statute has intruded to refine and develop contractual efficacy.
The unit will discuss the formation of contract, including the notions of bargain, the technique of agreement (offer and acceptance) and the doctrines of consideration and part performance. Various types of contract will be examined, such as those that are formal and informal, standard and tailored, contracts under seal and those that must comply with particular formal requirements.
Some consideration will be given to the interpretation and construction of contracts, including express and implied terms, conditions and warranties, exemption clauses and other limitations. There will be a treatment of vitiating factors such as incapacity (in its various forms), misrepresentation, mistake, duress and undue influence, illegality and severance. Privity of contract and assignment of contractual rights and obligations will also be covered.
Students will be introduced to the elements of contractual termination, including discharge by agreement, performance, breach, frustration and operation of law. The difference between discharge, rescission and termination generally will be covered. There will be an introduction to remedies for breach of contract. However, the treatment of remedies will be basic. It will be designed to give students sufficient information to understand the cases studied. The major treatment of contractual remedies will be deferred to the later “Remedies” course.

LW241 Property Law A / LW242 Property Law B – full year
The aims of this unit are:

• to equip students with the knowledge, understanding, reasoning skills and ethical appreciation to advise on and act in respect of basic transactions within the area of Property Law;

• to develop in them the knowledge and skills to be able to generalise and continue learning beyond that basis, and

• to have stimulated in them a critical appreciation of the significance of this area of law, and some capacity to reflect creatively about it.

The unit includes the central components of a traditional property course, but the arrangement and method of teaching are different. The unit will take a practical approach to the teaching of property law, and students will be exposed to different types of property transactions. Historical, philosophical, ethical and other aspects will be introduced within the context of the transactions.
In relation to each transaction, the students will be introduced to the basic issues and questions and encouraged to grapple with the problems themselves and to see why the outcomes matter.

LW231 Principles of Equity / LW232 Law of Trusts – full year
As the authors of Meagher, Gummow and Lehane say in their book Equity, Doctrines and Remedies, Equity can be described but not defined. It is the body of law developed by the Court of Chancery in England before 1873. Its justification was that it corrected, supplemented and amended the common law. However, equity is and remains "as vital and fruitful a source of principle as it ever has been, because the fundamental notions of equity are universal applications of principle to continually recurring problems".

Having considered the historical foundations of equity and the common law in Legal History, students will move to basic equitable notions such as equitable estates and interests, personal equities and mere equities and the importance of relationships in equity, such as the fiduciary relationship. Rights and obligations attending the fiduciary relationship will be a particular focus of attention. The maxims of equity will be covered. So too will assignments at law and in equity and the basic rules of priorities.

A large part of the unit will be devoted to the doctrine of unconscionable conduct. This will provide a forum in which the student can see equity at work in its traditional role (protecting the deprived and underprivileged) and in its more modern role as an arbiter of commercial morality and the enforcer of similar doctrines in a contemporary commercial context. The equitable obligations associated with confidential information will also be studied.
There will be an introduction to equitable remedies, particularly the injunction, specific performance, equitable damages, restitution, rectification and account.

The study of the law of trusts follows on from, and builds on, the experience gained in studying principles of equity. It will concentrate on the nature of trusts, the distinction between trusts and other legal concepts such as agency and bailment, the manner and form of the creation and termination of a trust, and the respective roles of the settlor, trustee and beneficiary. To contribute to the practicality of the subject, students will study the principles of trusts by having regard to a commercial trust document and a will.

LW321 Corporations and Partnerships – one semester
The incorporated body is now the basic entity through which commerce operates. Knowledge of the principles of company law, setting out as they do the responsibilities of those who choose to conduct business affairs through incorporated structures, is essential to anyone involved in commerce.

Attention will be given to the corporation as a separate legal entity and all that flows from this concept. The process and consequences of incorporation, and the constituent documents of the corporate entity, such as the memorandum and articles of association and powers and capacities of company and what remains of the doctrine of ultra vires will be studied. The importance of contractual capacity and things such as the indoor management rule, both at law and under statute, will be considered.

Issues affecting the management and control of a company, especially the division of powers between shareholders and the board of directors, and the rights, obligations and liabilities of directors, de facto directors, managers and employees, will be considered.

The concept of share capital will be explained. Other ways of raising capital, and the peculiarities of company charges, will be touched on. There will be a brief introduction to dealing with companies in trouble, including voluntary and compulsory winding up, voluntary administration and receivership. There will be a separate, non-obligatory, course in corporate insolvency.
Students will be introduced to other forms of business and commercial associations such as partnerships and joint ventures.

LW331 Administrative Law A / LW332 Administrative Law B – full year
The impact of administrative decisions upon the daily lives of citizens has increased significantly in the last four decades. Administrative law is concerned with the operation of government, including the Parliament, the Executive, statutory tribunals and semi-governmental organisations. The essential aim of administrative law is to ensure, as far as possible, that in these processes the citizen is treated fairly. This unit is concerned with the rules of law which have been developed to achieve that end. Some of those rules, such as the prerogative writs, have their origin in the common law. More recently there has been a tendency, particularly at federal level, but also in certain States, for administrative law to be found in statutes. Administrative law involves a combined study of human rights and the interface between executive and judicial power. Practical matters are often closely inter-related with matters involving a high degree of scholastic involvement.
The aims of this unit are:

• to provide students with the qualifications necessary to advise and to represent clients whose interests are affected by the exercise of governmental and semi-governmental power;

• to encourage students to consider in depth the importance of this area of law and the problem of reconciling the various interests affected by governmental and semi-governmental action.

The unit will begin with an examination of the development of government and the increasing role of government within people’s lives. The course then examines mechanisms for addressing grievances which individuals have with the exercise of governmental power. In particular, emphasis will be placed on merits review and judicial review. Students will also be introduced to the practice of administrative law, looking at how freedom of information and ombudsmen, for example can assist in resolving administrative problems.

LW341 Constitutional Law / LW342 Constitutional Law B – full year
Constitutional Law is about the rules for the government of a country. It is about the institutions of government, the relationships between the arms of government, and between the various levels of government and the relationship of the individual and the State.

This constitutional law unit deals with Federal and State constitutional law. However the main component is Federal constitutional law, with State constitutional law comprising about 25% of the course. State constitutional law covers matters such as the NSW Constitution, its origins, structure and power and processes of amendment, and the relationship of State Constitutions to the Federal Constitution and Australia Acts. Federal constitutional law deals with the text of the Commonwealth Constitution, High Court decisions and academic discussions of constitutional provisions and High Court decisions.

Five main areas will be covered:
• Structural matters - such as the composition of and relationship between the Senate and House of Representatives;
• Executive power including reserve powers and the relationship with Senate power over supply;
• Legislative powers of the Commonwealth Parliament - especially focusing on interstate trade and commerce, taxation, corporation, external affairs, acquisition, race and defence powers;
• Express and implied constitutional prohibitions and federalism prohibitions;
• Amendment power and processes in particular contexts (e.g. converting Australia from a constitutional monarchy to a republic).

LW460 Civil Procedure – full year
This unit examines the processes involved in the resolution of civil disputes in the context of our court systems. Following a consideration of the differences between, and the interrelationship of, substantive and procedural law and the theoretical foundations of our procedural system, students will closely examine the various steps and involve themselves in the preparation of documentation relating to the conduct of civil litigation.
Students will be encouraged to develop a range of skills relevant to the conduct of civil litigation and consider the ethical position of litigation lawyers.

The emphasis of the unit will be on the operation of the Rules of the Supreme Court of New South Wales. Detailed consideration also will be given to the rules governing the conduct of civil litigation in the Federal, District and Local Courts. When the Supreme and District Court Rules are unified by the impending Uniform Procedure, these will be examined. In particular, the following major areas will be examined: Identification of cause of action, jurisdiction and choice of court; joinder of proper parties; commencement of proceedings and service of process; drafting of pleadings, interlocutory proceedings, including particulars, discovery and interrogatories, disposal of proceedings without trial; alternatives to litigation and settlement of proceedings, case-flow management techniques; preparation and entry for trial, enforcement of judgments and orders, costs and appeals.

LW323 Law of Evidence A / LW324 Law of Evidence B – full year
As the authors of Cross of Evidence say in the first paragraph of their standard work on the subject, “The Evidence of a fact is that which tends to prove it - something which may satisfy an enquirer that the facts exist”. The aim of this unit is to introduce the student to the technical, theoretical and practical rules by which those involved in the litigious process go about the task of finding facts. The focus will be on the Evidence Act 1995 and the common law to the extent that it continues to be relevant. It will include the matters that are set out below:

• The role and sources of the Law of Evidence
• Relevance, admissibility and weight of evidence
• The burden of proof, its incidence and shifting burdens of proof
• The standards of proof in criminal and civil actions
• The functions of the judge and jury
• The classification of evidence
• Direct and indirect (circumstantial) evidence
• Hearsay evidence
• Best evidence
• Documentary evidence
• Competence and compellability of a witness
• Corroboration of a witness
• Adducing evidence at trial
• Examination in chief
• Cross-examination
• Re-examination
• Character and credibility of witnesses
• The hostile witness
• Prior consistent statements: The rule and exceptions to it
• Prior inconsistent statements and proof thereof
• Similar fact and propensity evidence
• Documentary evidence, the best evidence rule and refreshing memory
• Privilege
• The evidence of accused persons
• Evidence of voir dire
• Admissions and confessions
• No case to answer in civil and criminal trials
• Opinion evidence (expert and non-expert)
• Hearsay evidence and exceptions to the rule
• The doctrine of res gestae.

LW350 Legal Philosophy - one semester
In this unit, students will learn of the major traditions of thought about law and legal systems, with a view to encouraging them to place their own ideas within the context of those traditions, and to become constructively critical of their own views and the views of others. The unit will combine a rigorous approach to the gaining by students of knowledge about those traditions, with an openness to different views among the students and the encouragement of the development in them of an understanding of where they themselves stand within these traditions, and the advantages and deficiencies in their choices.

LW360 Moot Court - one semester
Students are required to participate in advocacy presentations as a part of their assessment. These include presenting a Plea in Mitigation at Local Court level and an appeal in a higher court (the Moot). Prior to presenting the Moot, students will undertake classes in advocacy and preparation, court room etiquette and public speaking. They are also required to submit written court documents prior to the Moot.

LW405 Remedies - one semester
Remedies is an important final year unit in that it provides a vehicle to tie together many of the strands of learning with which students have come into contact in earlier years.
Areas to be covered include compensatory remedies at law and in equity and in contract and in tort. The measure of damages in contract, tort and in statutes such as the Trade Practices Act will be considered. Restitutionary remedies, including damages, the imposition of constructive trusts and equitable liens will also be studied. Equitable remedies such as injunctions, specific performance, equitable damages, rescission, rectification, tracing in equity, accounts and receivers, will be a particular focus of attention. So too will be equitable defences, such as laches, release and set-off. There will also be consideration of the doctrine of estoppel, both as a shield and a sword.

Some attention will also be given to procedural aspects of remedies, both before and after judgment. In this context there will be an examination of matters such as interlocutory injunctions (mandatory and prohibitory), mareva injunctions and Anton Pillar orders. The enforcement of money remedies and against specific property will be covered.
Separate consideration will be given to remedies in the context of corporate law, including shareholder remedies and the use of the winding up procedure as a remedy, both by shareholders and creditors.

LW462 Alternative Dispute Resolution – one semester
This unit will foster the idea of the lawyer as problem solver, which is consistent with the aims and philosophies of the University generally.
This unit introduces processes increasingly being used by parties seeking to resolve disputes without adjudication. These include negotiation, mediation, conciliation, expert appraisal, early neutral evaluation and arbitration.
Students will be shown how to distinguish between these processes and how to select the most appropriate form of ADR for particular disputes.
Differences between private and court annexed ADR processes will also be explored.
Teaching methods will involve participation by students as various processes are demonstrated by working through examples of disputes arising in the community.

LW420 International and Comparative Law - one semester
This unit is designed to instill in students an understanding of the position of New South Wales and Australia as regards the rest of the world, but particularly as trading economies with links to Asia. It is intended to be an introductory course only and the unit will concentrate on identification and identity of international law, including customary international law, the basis of legal obligation, sanctions in international law, how international law changes and the impact of international advisory and regulatory organisations in the process.
Of particular relevance will be the relationship between international and local law and the recognition and adoption of treaties.

LW470 Commercial Practice and Legal Ethics - full year
This unit is designed to be studied in the final year of the law degree, and it aims to further develop skills already acquired in the degree and to introduce new skills which are essential for professional practice. These professional skills include drafting techniques, interviewing techniques, and communication skills. In addition to these skills, students will be re exposed to the professional responsibilities of lawyer to client, the Courts, the legal profession and the broader community. Students will be required to understand the concept of “unprofessional conduct” and “illegal conduct” and they will also be required to understand the notion of the lawyer as a fiduciary. This unit will be taught in weekly three hour seminars.