Units: Law

COMPULSORY UNITS IN THE LLB AS A SINGLE OR DOUBLE DEGREE

Please refer to your course structure (attached as an appendix to your course regulations) for correct enrolment on a yearly basis. Any departure from your structure must be given written permission by the Dean or Assistant Dean.

AB100 Aboriginal People – 25 credit points
This unit is the foundation unit in Aboriginal Studies. It aims at promoting, from an historical perspective, an understanding of Aboriginal people of Western Australia. It focuses on a broad range of ideas including Aboriginal and European contact and the ensuing disruption of traditional culture, interracial conflict and government legislation. The unit provides an introduction to a number of current issues affecting Aboriginal people including health, education, law, business, cross-cultural relationships, land rights and Aboriginal self-determination.

LW100 Legal Research and Writing – 30 credit points
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 (with the law library at its centre) 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.

LW102 Legal History - 20 credit points (an elective unit in the graduate entry LLB 3179)
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. It will trace the development of legal ideas and disciplines from English history around 1066 to modern day Australia.
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, and more particularly, Western Australia.

LW 104 Ethics and the Law – 25 credit points
Ethics and the law is an ‘applied ethics’ unit which both introduces students to theoretical foundations for living the moral life, and also exposes students to the opportunity to apply ethical theory in practice under supervision, and with the opportunity to reflect on their experience in a systematic and structured way. Students will be introduced to philosophers and ethicists with different theories about what it means to live an ethical life. Some of the competencies aimed at being developed are the ability to analyse complex ethical issues, and the ability to argue and defend ethical positions. Students will also be introduced to key elements of service learning and will develop the ability to reflect ethically on service experiences. .

LW1010 Legal Process
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 should 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, and 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.

LW211 Principles of Contract Law A - 35 credit points
Principles of Contract Law A will teach students the fundamental principles of contract law including contract formation and the express and implied terms of a legally enforceable contract including exclusion clauses.  Students will be taught to answer two fundamental questions: Is there a legally enforceable contract, and what are the terms of the contract?  This unit will be taught with a practical focus in order to teach students how to answer a legal problem question in a law school through to providing legal advice to a client as a legal practitioner. 

LW212 Principles of Contract Law B - 35 credit points
Principles of Contract Law B will build on the fundamental principles of contract law covered in Principles of Contract Law A.  The unit will focus on topics such as breach of contract, remedies for breach, restitution, specific performance and discharge by performance.  The unit will also teach students to assess whether a contract may be unenforceable by virtue of common law mistake, duress, unconscionability, undue influence, misrepresentation and frustration. This unit will consolidate the skills required for students to answer a legal problem question as well as legal research and writing skills.

LW221 Principles of Torts A – 25 credit points and LW222 Torts B – 25 credit points
The law of torts is one of the fastest growing legal subjects. The word “tort” refers to conduct which is a civil wrong. It refers to a breach of duty, other than one arising under contract, which gives rise to a civil cause of action and for which compensation is recoverable. The law of torts protects the general rights of every person which are conferred by law and not by way of agreement between the parties. These general rights include rights not to have one’s person, property and economic interests injured. It is therefore an essential aspect of legal education. A significant amount of the semester’s teaching focuses upon the law of negligence. This is because it is the fastest growing and most modern tort. There are some torts which are not included in the course – this is because of the limitations of time and the desire to give some cohesion to what is a disparate group of actions. The objectives of this course are to assist students in learning and understanding the substantive law associated with the particular torts taught in this course, to help students to evaluate this substantive law in a critical fashion, including consideration of possible reform and to encourage students to develop their skills of legal analysis and their ability to reason by analogy with precedent.

LW230 Contemporary Legal Issues
This is a unit where students are invited to take a closer look at issues at the cutting edge of the law.

Students are invited to explore with the law as it relates to controversial subjects such as terrorism, prostitution, refugees, cloning, drugs, stem cell research, immigration, brain death, torture, women, children, abortion, white collar crime, indigenous people, euthanasia, capital punishment, same sex couples, bills of rights, hate speech, imprisonment and capital punishment.
Students are required to become conversant in both sides of the debate on any given topic.  They are required to think critically about the strengths and weaknesses of the law as it stands, and present suggestions for how it may be improved. 

Students will reflect on the appropriate role of morals and values in the development of the law, and understand the Catholic perspective on any given topic.

In Contemporary Legal Issues, students are encouraged to reflect critically, and debate openly.  All perspectives and viewpoints are welcomed and respected – the only requirement being that every stance must have intellectual merit.

LW231 Principles of Equity - 25 credit points
The Principles of Equity will introduce students to the origin and nature of Equity and examine several of the most fundamental equitable doctrines (such as estoppel, fiduciary obligations and breach of confidence) in order to illustrate the manner in which Equity functions in Australia today.

LW232 The Law of Trusts – 25 credit points

The Law of Trusts will builds on the students’ knowledge of Equity by examining in detail the most important of all equitable doctrines – Trusts.  Students will become familiar with: the fundamental nature of the trust; the most important varieties of trust; the essential requirements for creating a valid trust; the rights of both trustee and beneficiary; and  the legal rules pertaining to the breach of trust.   

LW241 Property Law A – 30 credit points
Property Law A will teach students the fundamental common law, equitable and statutory principles of property law, such as the nature of property, formal requirements for the creation and transfer of proprietary interests, co-ownership of property, the difference between legal and equitable proprietary interests, the rules for determining priority disputes between competing claims for property and the doctrine of native title. 
 
LW242 Property Law B – 25 credit points
Property Law B will teach students the application of fundamental common law, equitable and statutory principles of property law to Torrens System land.  It will extend students’ understanding of property law in relation to the Torrens System of registration of interests, the concept of indefeasibility of title, mortgages and leases. 

LW251 Criminal Law A - 35 credit points
This unit provides an overview of the general principles of criminal law and criminal responsibility in Western Australian law. It explores homicide offences, sexual offences, property offences and non fatal offences of violence.  The law relating to parties to offences, inchoate offences, conspiracy and attempts is also examined. The principle sources of law include the Criminal Code, Misuse of Drugs Act, Police Act and Road Traffic Act and the Commonwealth Crimes Act and Customs Act. Summary and indictable offences are distinguished, and the right to fair trial is analysed.  Upon completion of the course students should be in a position to scrutinize hypothetical criminal cases and identify relevant criminal offences.  They should also be able to advise a ‘client’ on the elements and proof requirements of the offence(s), and assess the prospects of conviction. 

LW252 Criminal Law B - 35 credit points
This unit is taught in collaboration with members of the profession Judges, prosecutors and Defence lawyers who conduct occasional lectures. It examines the general principles law relating to defences under the Criminal Code, as well as the substantive defences themselves.  Specific attention is paid to exculpatory defences such as self defence, provocation, accident, mistake of fact, extraordinary emergency, automatism, insanity and intoxication.
Students will develop the capacity to identify applicable defences to criminal law problems.  Students are required to undertake field research in the form of a court visit and prepare a report setting out their observations.

LW321 Corporations and Partnerships - 40 credit points
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.
Students will be introduced to other forms of business and commercial associations such as partnerships and joint ventures.

LW323 Evidence A – 20 credit points
The unit will provide students with an overview of the application of the Evidence Act 1906 (WA) and the Evidence Act 1995 (Cth).  Other legislation will be examined when relevant.  Emphasis will also be placed on the applicability of the common law.

The unit will cover topics such as relevance and circumstantial evidence; the rules relating to the burden and standard of proof; the competence and compellability of witnesses; character evidence; the evidence of an accused as a witness; privilege against self-incrimination; legal professional privilege; public interest immunity.  The unit will provide an overview of the trial process, including the functions of the judge and jury.

Planned specific skills that will be learned from the unit include:

  • an understanding of when the provisions of the Evidence Act 1906 (WA) apply;
  • an understanding of when the provisions of the Evidence Act 1995 (Cth) apply;
  • an ability to identify, and understand, the legislation relevant to the law of evidence;
  • an ability to identify, and understand, the main common law authorities relevant to the areas of the law of evidence examined;
  • an ability to understand and apply the law of evidence in various factual scenarios;
  • a consolidation of answering legal problem questions / providing legal advice to a client

LW324 Evidence B – 20 credit points
The unit will continue to provide students with an overview of the application of the Evidence Act 1906 (WA) and the Evidence Act 1995 (Cth).  Other legislation will be examined when relevant.  Emphasis will also be placed on the applicability of the common law.

The unit will cover topics such as hearsay and res gestae; documentary evidence; the admissibility of confessions and admissions; opinion evidence; similar fact/propensity/tendency evidence; illegally obtained evidence; identification evidence; and corroboration.

Students will be required to attend a criminal or civil trial in either the District Court of WA or the Supreme Court of WA involving the calling of witnesses and will be required to submit a report outlining, inter alia, the general and specific evidentiary issues observed.

Planned specific skills that will be learned from the unit are the same as in Evidence A.

LW331 Administrative Law A – 20 credit points
Administrative Law A aims to provide students with a sound theoretical and practical overview of Administrative Law.  The unit considers the law concerning the accountability and control of the administrative actions of government departments and government officials.  Administrative Law A focuses on the development of the law in Australia, who may exercise administrative powers, the making of delegated legislation, the provision of reasons for decision making, the role of discretionary powers by administrators, the different forms of merits review of administrative action, the scope and operation of the Administrative Appeals Tribunal and the State Administrative Tribunal, the scope and operation of Freedom of Information legislation, the role of the Ombudsman and other methods for controlling administrative behaviour such as anti corruption commissions and whistleblower legislation.

LW332 Administrative Law B – 20 credit points
Administrative law is concerned with the operation of government, including the Parliament, the Executive, statutory tribunals and semi-governmental organisations. It is an area of law that commonly affects the daily lives of citizens. The essential aim of administrative law is to ensure that citizens are treated fairly by administrative (that is, governmental) decision making processes. Administrative Law B will continue to build on the knowledge and skills taught in Administrative Law A. That is, to provide students the skills to answer a legal problem question in the classroom and to provide students with the qualifications necessary to advise and represent clients affected by governmental power and decisions. In particular Administrative Law B will focus on the concept of Judicial Review; that is, review by the courts of governmental power and decisions.

LW341 Constitutional Law A – 20 credit points
Constitutional Law deals with the rules that make up the system of government in Australia. The course begins with an introduction to the sources of constitutional law, the types of constitutions and the philosophical underpinnings of the Constitution.
This course will equip students with a thorough understanding of the concepts of Constitutionalism, Separation of Powers, reserve powers and ministerial responsibility. It will also cover the powers of the federal House of Representatives and Senate and the relations between the two Houses. Representative Democracy and Implied Rights will also be explored, in addition to the interpretation of Commonwealth legislative powers and immunities. 

LW342 Constitutional Law B – 25 credit points
In addition to building on students’ understanding of the issues covered in Constitutional Law A, this course will focus on the distinctively federal aspects of the Australian Constitutional system, in particular the division of the legislative, executive and financial powers between the Commonwealth and the States.
The course will cover the Corporations Power, Taxation Power, Defence Power, Acquisition Power and compensation, spending and grants, and excise duties. The External Affairs Power and freedom of interstate trade will also be explored, along with the issues of express rights and freedom of religion.

LW350 Legal Philosophy – 25 credit points
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 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 Advocacy - 25 credit points
This unit extends students’ advocacy skills through the development and presentation of a legal argument. Students are required to participate in advocacy presentations including a Plea in Mitigation at Petty Sessions 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 - 30 credit points
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 judgement. 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 under Part IX of the Corporations Law and the use of the winding up procedure as a remedy, both by shareholders and creditors.

LW420 International and Comparative Law – 25 credit points
This unit is designed to instil in students an understanding of the position of Western Australia as regards the rest of the world, but particularly as a trading economy 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.

LW462 Alternative Dispute Resolution – 25 credit points
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 legal disputes arising in the community.

LW463 Civil Procedure A – 25 credit points
The unit will continue to provide students with an overview of civil procedure in Western Australia and will cover topics up to close of pleadings such as: the conduct of a matter prior to issuing proceedings including relevant professional duties owed to the client and the court and identification of jurisidictional and limitation period issues; preparation and service of originating processes; general pleading rules and preparation of particular pleadings; applying for summary judgment and setting aside default judgment; requesting further particulars and applying to strike out defective pleadings; and the principles governing amendment of pleadings and joining causes of action and parties.

Specific skills of the unit include:
1.         An understanding of the legal background in WA in which the civil courts operate, solicitor's professional duties and the court’s role in managing litigation (“case management”).
2.         An understanding of the relevant legislation and statutory rules governing the procedure of the civil courts in WA with particular focus on the District and the Supreme Court.
3.         Learning techniques for taking accurate instructions from  clients prior to commencement of litigation and identifying alternative commercial solutions.
4.         Identifying appropriate steps to protect the client’s and the legal practitioner's own interests prior to commencing litigation including costs disclosure and retainer agreements.
5.         Identifying legal restrictions on litigation such as the operation of relevant limitation periods, jurisdiction issues, and contractually limiting mechanisms (eg arbitration clauses).
6.         A basic understanding of the steps involved in commencing litigation including how to identify, prepare and serve the correct originating process.
7.         An understanding of, and an ability to, prepare statements of claim, defences and counterclaims, replies and defences to counterclaims, the principles governing amendments of the same, as well as requesting particulars and applications to strike out defective pleadings and other summary applications.

LW464 Civil Procedure B – 20 credit points
The unit will continue to provide students with an overview of civil procedure in Western Australia and will cover topics post close of pleadings such as: discovery and inspection; interrogatories; pre-trial conferences, mediation and settlement; interlocutory proceedings and chambers advocacy (with a focus on injunctions); entry for trial; trial preparation; trial procedure and manner of presentation of evidence; extraction of orders; costs issues; judgment enforcement.

Specific skills of the unit include:
1.         Learning to identify discoverable documents and privileged documents and professional duties to the court regarding the same as well as understanding the process of giving discovery and inspection and being able to prepare the relevant documentation involved.
2.         Learning to evaluate when interrogatories are appropriate and appreciating how to frame interrogatories correctly and recognise the principles behind objecting to the same.
3.         Understanding how to enter a matter for trial including preparing the relevant documents.
4.         Understanding pre-trial conference and mediation conference procedures, formal offers of compromise and payments into court, and the steps necessary to give effect to any settlement reached and finalise proceedings.
5.         Understanding the steps leading up to trial preparation including both procedural preparation such as issuing subpoenas, exchanging witness statements and filing legal submissions and personal preparation such as preparation of questions for witnesses and opening and closing addresses.
6.          Understanding of the procedure at trial and the manner of presentation of evidence.
7.          Learning the various costs orders that may be made and the how costs are taxed.
8.        Learning to extract orders and enforce judgments with particular focus on the Civil Judgments Enforcement Act 2004

LW471 Commercial Practice & Ethics A – 20 credit points
The unit will continue to provide students with an overview of commercial legal practice and ethics in Western Australia and will cover topics such as: drafting of legal documents and correspondence; preparation of wills and understanding of probate practice; lawyers' ethical and legal duties applicable to daily legal practice with a particular focus on the professional conduct rules; and sale and settlement of land.

Specific skills of the unit include:
1.         Writing clear, concise and effective legal letters in plain language.
2.         Drafting and structuring documents in clear, concise terms appropriate to clients' needs and adapting and applying commercial precedents effectively.
3.         Adopting techniques for taking complete instructions from clients and strategies for the effective conduct of a matter in the client’s best interests.
4.         Understanding and applying areas commonly arising in commercial legal practice, namely:
•           Wills & probate practice
•           The different stages involved in buying and selling of land and parties' rights thereunder.
5.         Identifying and managing ethical issues which arise in daily legal practice with particular regard to the duties owed to clients and other parties

LW472 Commercial Practice & Ethics B – 25 credit points
The unit will continue to provide students with an overview of commercial legal practice and ethics in Western Australia and will cover topics such as: an overview of the different types of business structures (with particular focus on sole proprietorships, partnerships, companies and trusts) and the legal implications of each as well as a comparative analysis of same; steps involved in the sale and settlement of a business; advising on and preparation of commercial leases and the operation of the WA retail shops legislation; advising on and the preparation of security transactions with particular emphasis on guarantees and mortgagees.

Specific skills of the unit include:
1.         Understanding how legal services can be a prevention rather than a cure, that is how correct legal advice and drafting early on can prevent or minimise problems likely to be encountered by clients in their commercial activities.
2.         Learning to draft a counsel's opinion on a complex commercial matter.
3.         Learning how to identify the documents required for, and the main components of, common commercial transactions such as partnership agreements, business sale agreements, commercial leases, mortgages and guarantees.
4.         Understanding and applying areas commonly arising in commercial legal practice, namely:
•           Business structures including partnerships, companies and trusts
•           Sale and settlement of a business and the parties' rights thereunder
•           Commercial leasing and the operation of WA retails shops legislation
•           Security transactions including guarantees and mortgages
5.         Identifying and managing ethical issues which arise in the above areas of legal practice with particular focus on the professional conduct rules.

Elective Units : Law

Each year, prior to the re enrolment period in September, the Law School will provide a list of all elective units available in the following year. Not all elective units are offered on an annual basis or in each semester. 

If recommended units have not been completed you need to seek written permission of the Assistant Dean to enrol in the unit. Preference will be given to students who have completed the recommended units.

Students should not consider enrolment in elective units unless and until they have reached the electives in their course structure. Permission to do electives before this must receive written permission of the Dean or Assistant Dean.

BS245 Basic Principles of Taxation (run through School of Business – written permission to enrol must be obtained from the School of Business) - 20 credit points
This unit provides an overview of the law and principles of taxation, principally income tax. The political and economic objectives of the Income Tax Assessment Act are addressed. Attention is given particularly to the framework and structure of the Act to equip students with the conceptual skills and ability to adapt themselves to a system of law which is in a climate of constant change. Topics covered include basic theory of income tax, deductions, depreciation, repairs, anti-avoidance provisions, tax accounting, capital gains tax, taxation of fringe benefits, assessments, objections and appeals.

LW300 Health Law – 20 credit points
(Completion of LW 221 Principles of Torts A and LW 222 Principles of Torts B and LW211 Contract A and LW212 Contract B is recommended)
The new discipline of health and medical law is now firmly established and many doctors and other health professionals are alarmed about the increase in medical injury litigation. There is also a need for knowledge in the areas of privacy and confidentiality, patients incapable of health related decision making and duties to provide information to patients.
This course will therefore cover areas of law such as the legal duties of health professionals, consent to medical procedures, basic tort liability of health workers, access to medical records, privacy and confidentiality, withdrawal of treatment and euthanasia, and abortion and wrongful birth.

LW302 Mining and Petroleum Law (formerly Natural Resources Law) – 20 credit points
(Completion of LW211 Contract A and LW212 Contract B, LW241 Property Law A and LW242 Property Law B and LW 221 Principles of Torts A and LW 222 Principles of Torts B is recommended)
The aim of this unit is to familiarise students with the chief features of the law regulating the use and exploitation of natural resources. The unit will consider the conceptual property basis of natural resources law and the history of Australian legal regimes relating to natural resources, before passing to a detailed consideration of the law applying to the exploitation of particular resources. 
Special attention will be paid to the law regulating mining as a key industry of Western Australia. The unit will also study the legal regimes affecting the exploitation of gas and petroleum, and the use of water in relation to extraction of minerals and petroleum.
Careful attention will be given to the manner in which considerations of law, and those relating to such matters as the environment and native title, inter-act in relation to the use of natural resources.
The course aims to prepare students for work in the resource sector. It aims to provide students with the ability to understand the law and the wider business and social context of resource extraction.

LW303 Trade Practices - 20 credit points
The Trade Practices Act 1974 has proved to be one of the most litigated and wide-reaching pieces of legislation in Australia. All who are engaged in trade and commerce must factor the provisions of the Act into their conduct and commercial behaviour.  The purpose of this course is to enable students to become familiar with certain aspects of the Act.
Quite apart from the enormous amount of case law that has been generated by the operation of the Act, it is important to consider the policy issues raised by the legislation, which both motivated its introduction in 1974 and continues to shape the continuing frequent amendments to the Act. This overview, together with a study of those legal entities whose conduct is affected by the Act, forms the introduction of the course.
The second part of the course examines the substantive aspects of the Act, namely:

  • the restrictive trade practices provisions, contained in Part IV, which are designed to prohibit conduct which may lessen competition among firms;
  • the Part V “consumer protection” provisions which disallow misleading and deceptive conduct on the part of corporations in trade or commerce; and
  • Part VA which imposes a form of strict liability on manufacturers for defective products.

Where applicable, reference will also be made to the corresponding provisions of the Fair Trading Act of the various states.

LW304 Employee Relations Law- 20 credit points
For many individuals the most significant contract they have is the contract of employment yet most people do not seriously consider this contract until something has gone wrong.  This area of law covers a wide range of jurisdictions and legal issues which are continuously changing in Australia’s political and legal climate. This unit explores the legal regulation of employment within Australia and will specifically explore: the employment relationship; creating an employment contract; terms and conditions (express and implied) of employment contracts; legislation, awards, agreements and other instruments that govern employment conditions; significant issues that arise during employment; termination of the employment relationship; and occupational safety and health and equal opportunity in employment
The course will explore both Federal and State jurisdictions and common law principles.  Throughout the course students will be encouraged to critically evaluate current issues arising in employment law and politics and the changing world of employee relations.

LW305 Family Law - 20 credit points
(Completion of LW241 Property Law A and LW242 Property Law B, and LW231 Equity and LW232 Trusts is recommended)
This unit is designed to provide an introduction to contemporary Family Law in Australia.  The course starts with an introduction to Commonwealth and State legislative powers with particular emphasis on the Family Law Act 1975 (Cth).  Other topics covered include a study of the law of marriage, nullity and divorce, the law relating to children, the alteration of property interests between parties to a marriage and the interaction with third parties.  The course aims to be practical and relevant to students who may wish to practise in this area in the future.

LW307 Intellectual Property Law - 20 credit points
Monopolies are anathema to the common law, except where authorised by statute.  This unit will explore the various monopoly and quasi-monopoly statutes as well as common law and statutory protection of reputation.
The course will centre on the protection granted under the Copyright Act and Designs Act, including principal areas such as copyright protection in literary, dramatic, musical and artistic works (for example, protection in sound recording, films, radio and television broadcasts). Protection of reputation through the Trade Marks Act, under the common law of passing off and pursuant to section 52 of the Trade Practices Act will be examined. Additionally, the protection of computer software, the Patent Act, parallel importing, international treaties and the economic ramifications of intellectual property rights in Australia and overseas will be briefly considered.

LW308 Indian Pacific Trade Law - 20 credit points
(subject to availability of sufficient enrolment numbers)
The aim of this subject is to provide students with an introduction to the law relating to international trade and business transactions.
The subject commences with a study of commonly used trade terms and international business contracts. It then considers the Vienna Convention on the Sale of Goods, the General Agreement on Tariffs and Trade (GATT), the World Trade Organisation, and the ways in which these have shaped the majority of domestic import and export laws.
Studies then focus upon anti-dumping laws, subsidies and countervailing duties, and domestic laws used by governments to directly or indirectly regulate trade. The course concludes with an analysis of alternative dispute resolution procedures available in international trade disputes.

LW309 Human Rights - 20 credit points
(Completion of LW251 Criminal Law A and LW252 Criminal Law B, and  LW331 Administrative Law A and LW332 Administrative Law B is recommended)
The rise in international terrorism poses significant challenges and dilemmas.  It undermines the basic rights of the individual, and on occasions, tempts States to act outside the rule of law.  This unit explores the historic evolution and conceptual foundation of contemporary human rights law. The genesis of the modern international human rights movement is discussed, current international human rights norms are examined, and the effectiveness of implementation-monitoring agencies scrutinized.  The balance between effective counter terrorism laws and the protection of basic human rights is explored.  The relationship between international humanitarian law and international human rights law is considered. The extent to which international human rights norms are recognised and protected under Australian domestic law is critically examined. 

LW311 Indigenous Law - 20 credit points
The area of law relating to indigenous people has been one of the fastest growing and most interesting aspects of the Australian legal system for a number of years. This unit seeks to examine that area of law in a manner which places it firmly in its wider legal, constitutional, social and economic context.
The unit will examine both the initial interaction of indigenous and European law through the doctrine of terra nullius, and the notion of customary law as a distinct entity, including proposals to give greater recognition to customary law. The development of the Native Title Act will be traced, as will its operations in relation to native title claims, and pastoral and resource management. Other legal issues of relevance to indigenous people, such as the criminal justice system, also will be addressed. The role of the National Native Title Tribunal will be examined, and a practical perspective placed on the arbitration and mediation of claims. Comparisons will be drawn with other indigenous law regimes in comparable jurisdictions, such as Canada.

LW312 Insolvency - 20 credit points
(Completion of LW 321 Corporations and Partnerships is recommended)
This unit is designed to provide students with an overview of the law affecting corporate insolvency, and in particular the external administration process.  It involves an in-depth study of the procedures governing voluntary administration, receivership and liquidation with an emphasis placed on the statutory requirements in the Corporations Act 2001.  The unit examines the effects that the various external administration processes have on the company, its directors, employees, shareholders and creditors.  Consideration is given to the administrative role and powers vested in the insolvency practitioner, particularly with respect to the collection and distribution of assets, which involves examining the order of payment to creditors.  In addition the unit involves comparative analysis between the various external administration processes.

LW315 Issues in Medical Law
Students of Medical law consider and study law and bioethics.  Medical Law is the new frontier of human rights.  It is Medical Law that regulates developing science. Topics considered include: assisted reproductive technology; genetics; cloning; stem cell research; abortion; wrongful birth; post-coma unresponsiveness (vegetative state); euthanasia; organ donation and transplantation; forensic evidence; human research and disposing of the dead.

Students will examine contemporary issues in medicine and ethics as they relate to the legal profession. The course is taught from a perspective which reflects both ethical approaches and human rights arguments.

LW313 Succession - 20 credit points
(Completion of LW 241 Property Law A and LW242 Property Law B, and LW231 Equity and LW232 Trusts is recommended)
This unit deals with selected topics in the law of succession such as the making of wills, vitiating factors affecting wills and beneficiaries, legacies, devises, revocation and revival of wills, equitable doctrines affecting the law of succession, intestate succession, the administration of estates and testator's family maintenance. A practical aspect of the course includes a will drafting exercise. Procedures relating to the grant of representation, administration of estates following a grant of representation and problems of testator's family maintenance are covered in the course.

LW315 Issues in Medical Law (formerly Bioethics) - 20 credit points
(LW 221 Principles of Torts A and LW 222 Principles of Torts B, and LW251 Criminal Law A and LW252 Criminal Law B are recommended)
The aim of this unit is to expose students to a rapidly emerging area of legal practice and to examine by way of case studies and recent court decisions within Australia and internationally, contemporary issues in medicine and ethics as they relate to the legal profession. This unit has an emphasis on death and dying and issues in reproduction, but additionally looks at genetic testing and cloning, medical research, including stem cell research, and organ and tissue donation. The course is taught from a perspective which reflects both ethical approaches and human rights arguments.

LW317 – Lender Liability - 20 credit points
(LW 241 Property Law A and LW242 Property Law B, and LW231 Equity and LW232 Trusts is recommended)
This Unit aims to introduce students to the substantive law of lender liability and to actively engage them in a practical analysis of it.  The topics intended to be covered include overviews of the current regulatory and fiscal framework, the practice of lending, debt recovery and securities taken by lenders, general theories of liability pertaining to lenders and a transactional analysis of the lender’s potential liabilities from the pre-contractual preliminary stage to the final enforcement stage.  In addition two specific types of financing, that relating to syndicated loans and project financing, are examined to give students a better insight into this area of law. Students can also expect to be provided with opportunities to apply the law studied.              

LW318 Trial Advocacy - 20 credit points
(LW323 Evidence A and LW324 Evidence B are pre requisites)
This is a higher level unit building on skills acquired in LW360 Moot Court. The unit is run as an intensive week- long course, to better replicate the pressures of practicing in litigation. It is designed to develop skills and learning methods required to become competent advocates.
Guest presenters will be drawn from the profession and judiciary, offering a unique practical perspective as consumers of advocacy. Participation, engagement and self-evaluation in all aspects of the unit will form a significant part of the assessment.
In addition to the week itself, participants will be notified of a required one-day preliminary workshop to take place approximately 3 - 4 weeks before the commencement of the course. This workshop will provide students with essential information regarding course outline and format, case studies, and reading prerequisites.

LW319 Maritime Law - 20 credit points
(Completion of LW211 Contract A and LW212 Contract B and LW 221 Principles of Torts A and LW 222 Principles of Torts B is recommended)
This unit will provide an understanding of the complex legal framework underpinning the shipping trade from both an international and Australian perspective. In particular, this unit will deal with the legal relationships brought about during the carriage of goods by sea, including bills of lading, waybills and the various types of charter parties, the Admiralty jurisdiction, International Maritime Conventions, Maritime Insurance and the relevance of International Conflict of Laws to Maritime disputes. Specific topics of interest that will be covered include piracy and the pursuit of illegal fishing vessels.
This unit allows students to explore, by way of a research paper, an aspect of Maritime Law of their particular interest. This will challenge students to undertake comprehensive legal research on a new, challenging and highly relevant area of the law.

LW325 Occupational Safety and Health Law
(there are no pre requisites)
Many graduates from law school end up dealing with issues of workplace safety and health in one form or another.  This unit examines in detail the legal framework of occupational safety and health law in Western Australia, focussing on the Occupational Safety and Health Act 1984 (WA), yet with a practical focus on how the law is applied within the workplace.  It explores the statutory framework and principles, the obligations of employers, the role and function of WorkSafe, statutory notices and prosecutions, workers compensation and safety and health management systems.  The course is tailored to the perspective and role of the legal practitioner in this field.

LW326 Environmental Law – 20 credit points
(completion of LW341 Constitutional Law A,LW342 Constitutional Law B,LW331 Administration Law A, LW332 Administration Law B andLW420 International and Comparative Law is recommended)
This unit explores the fundamental principles of environmental law. Legal responses to contemporary environmental challenges are assessed, including those related to: loss of biodiversity; ozone depletion; global warming; and harm to the marine environment from various activities (ranging from noise pollution to the dumping of waste at sea).  Other themes explored include the nexus between human rights law and environmental law. Students will gain an understanding of the impact of environmental laws on both States and non-State actors (corporations and individuals). Particular attention is paid to: international treaties on environmental protection; domestic environmental law and policy; enforcement measures; remedies; regional mechanisms; the nexus between planning and environmental law; and the expanding field of climate change law. Emerging norms on reduction of carbon emissions and other responses to global warming are examined.  The pre-requisite units for law students taking this subject are Torts Law and Criminal Law. 

LW333 Construction and Building Contract Law – 20 credit points
(LW211 Contract A and LW212 Contract B are pre requisites)
The aim of this unit is to provide students with an understanding of the principles of contract law relevant to the practice of construction law. The topics to be considered are: the structure of standard construction contracts, implied terms in construction contracts, tendering and contract formation, time for completion, right to payment, variations, extras and omissions, subcontracts, issues in performance and breach, determination and remedies.

LW339 Introduction to Canon Law
Pre-requisites: Nil Co-requisites: Nil
This course is intended to provide students with an introduction to the internal laws governing the Catholic Church – which laws are known as ‘Canon Law’.  These are specified in the Code of Canon Law promulgated by Pope John Paul II in 1983.  The course will cover a variety of topics such as the historical background to Canon Law; the purpose, nature and sources of Canon Law; parts of the 1983 Code of Canon Law; the Church’s tribunals (including procedure, evidence and appeals); the disciplining of clergy and laity; marriage and annulment; the administration of Church property; and complaints of sexual abuse against clergy, religious and Church employees (such as teachers).

LW345 Law of Corporate Finance
Pre-requisites: LW100, LW1010, LW321 Co-requisites: Nil
The unit will expand beyond the fundamental principles of corporate regulation considered in LW321 Corporations and Partnerships to examine the regulation of equity and debt capital finance in Australia under the Corporations Act 2001 (Cth) (Act) and the Australian Securities Exchange Limited Listing Rules (Listing Rules).
The course will examine the raising of equity and debt capital finance and how the Act and the Listing Rules regulate companies once securities have been issued. The course will also consider the administrative network relevant to securities offerings and regulation, the regulation of insider trading, securities litigation and the basics of mergers and acquisitions.

LW380 Law Review - 20 credit points
(written application for and acceptance into this unit is required before enrolment)
The annual production of a Law Review by a University College of Law is an extremely important part of its academic mission. Participation by law students in all aspects of the production of a law review is seen as a prestigious honour and one which is typically limited to those students who have excelled academically.
This unit is available to a limited number of students entering their third or fourth year of the law degree. Entry is by invitation only, and selection of students to participate is made by the Dean of the College of Law in consultation with the unit coordinator (Associate Editor).  
The Law Review is a year long commitment from the enrolled students who will work as assistant editors to the Associate Editor.  The responsibilities include:

  • assisting in the solicitation of appropriate articles, notes and review from academics and practitioners;
  • editing and research work to transform submitted manuscripts into publishable form;
  • advertising, sponsorship and subscription drives; and
  • liaising with the printer of the Review.

This is a pass/fail unit only and it does not have a final examination.  The Associate Editor will be responsible for assessing whether the enrolled student has adequately performed the duties required of the enrolment. 

LW395 Commercial Law  - 20 credit points
(completion of LW211 Contract A and LW212 Contract B is recommended)
This Unit aims to expose students to the fundamental areas of commercial law.  The areas intended to be covered include sale of goods, agency, bailment, insurance, guarantees, negotiable instruments and consumer credit.  With the increasing intervention of legislation within the commercial arena, students can also expect to be exposed to a fairly broad range of legislation covering the areas examined.  Students can also expect to be provided with opportunities to apply the law studied.               

LW399 Peer Tutoring for Information Literacy: Advanced Legal Research Skills – 20 credit points
(LW 100 Legal Research and Writing is a pre requisite)
This Unit is designed to provide an opportunity for senior students to revise or update their information literacy skills as they assist students beginning a course of study in the same discipline area with their initial development of these important skills.
This unit may be taken by senior students from the College of Law for credit or audit.  Students are expected to study the set references for LW100 Legal Research & Writing and at least one book from those set for review as well as the notes and reading allocated for each topic.  Students must demonstrate that they can integrate and evaluate perceptions and perspectives on legal research and writing in light of the experience of studying law at tertiary level and are encouraged to draw on the wealth of the bibliography provided. Students will need to spend at least the equivalent of 20 hours over the semester on the subject. The preparation for the week’s class will last up to 1 hour and the tutorial delivery will last for 1 hour. In conjunction with reading, reflection and engaging directly with the experience, students will be required to complete an evaluation form and also submit to an evaluation by their tutees at the conclusion of the programme.

LW441 Advanced Research Project (Honours students) - 20 credit points
(This unit is only available by invitation)
The aim is to develop the students’ research and legal writing skills and to provide an opportunity for the student to focus on a specific area of law which is of interest to the student. This unit is only available to final year law students who have been invited into the Honours program.
Students who have been invited to embark on this unit are required to submit an appropriate research topic for approval by a supervisor. Approval depends upon the subject-matter of the proposal and the availability of an appropriate supervisor. Once approved, the student must write an abstract, a 10 -12,000 word thesis on the topic and make an oral presentation of the thesis.

LW 442 Directed Research Project – 20 credit points
(written application for and acceptance into this unit is required before enrolment)
This unit provides an opportunity for a limited number of final year students to undertake a research project on a topic of their choosing, thus allowing further specialisation by these students in a specific field.
Students must apply in writing to the Dean for acceptance into the unit and the Dean will not allow a student to enrol in the unit unless
a) the student has maintained at least a credit average over the course of their degree, and
b) the student has already identified a suitable research project to undertake which they can demonstrate is of significant importance, and
c) the Dean is satisfied that the proposed topic is within the supervisory capacity of the staff.
Enrolment in the unit is not guaranteed and entry into the unit is at the sole discretion of the Dean.

LW5/338   Mental Health Law – 20 credit points
(completion of Legal Research & Writing, Legal Process and Criminal Law is a pre requisite)
This aim of this unit is to explore how Mental Illness impacts various areas of the law. The course considers the history of mental illness within the judicial system.  Areas of focus will include criminal law, human rights legislation, international law, health law, and guardianship and administration concerns. The unit provides an introduction to a number of current issues affecting persons diagnosed with a mental illness. As a practical part of the course, students will prepare moot arguments for Criminal Courts, the State Administration Tribunal and State Review Boards on behalf of hypothetical clients diagnosed with various mental illnesses.

LW5339 Introduction to Canon Law
Pre-requisites: Nil Co-requisites: Nil
This course is intended to provide students with an introduction to the internal laws governing the Catholic Church – which laws are known as ‘Canon Law’.  These are specified in the Code of Canon Law promulgated by Pope John Paul II in 1983.  The course will cover a variety of topics such as the historical background to Canon Law; the purpose, nature and sources of Canon Law; parts of the 1983 Code of Canon Law; the Church’s tribunals (including procedure, evidence and appeals); the disciplining of clergy and laity; marriage and annulment; the administration of Church property; and complaints of sexual abuse against clergy, religious and Church employees (such as teachers).

LW5345 Law of Corporate Finance
Pre-requisites: LW100, LW1010, LW321 Co-requisites: Nil
The unit will expand beyond the fundamental principles of corporate regulation considered in LW321 Corporations and Partnerships to examine the regulation of equity and debt capital finance in Australia under the Corporations Act 2001 (Cth) (Act) and the Australian Securities Exchange Limited Listing Rules (Listing Rules).
The course will examine the raising of equity and debt capital finance and how the Act and the Listing Rules regulate companies once securities have been issued. The course will also consider the administrative network relevant to securities offerings and regulation, the regulation of insider trading, securities litigation and the basics of mergers and acquisitions.