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.

LW100/LAWS1000 Legal Research and Writing
Legal Research and Writing is an introductory core skills unit for Law. Students will learn how to solve legal problems and approach law assignments; how to find, interpret and use primary and secondary sources; how to distinguish credible from non-credible sources; how to communicate clearly and persuasively in academic and professional contexts; and how to reference appropriately. Students will also learn generic study skills applicable outside of a Law course.

LW102/LAWS1020 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 differing 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, the contribution of Christianity in general to the development of the law and the legal aspects of British settlement of Australia, Legal History gives us an insight into how and why our legal system today is what it is. It gives us the opportunity to trace our origins and developments to obtain a better understanding of what the legal profession is and how we are a part of it.

LAWS1040 Ethics and the Law
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.

LW104 Ethics and the Law – 25 credit points
Ethics and the law is an applied ethics unit that explores the theoretical and practical foundations of the moral life and the practice of law. This unit also involves a service learning component that serves develop the capacity to reflect ethically on service experiences.

LW1010/LAWS1010 Legal Process and Statutory Interpretation
This unit introduces students to a critical understanding of the institutions and practices that are basic to the law in Australia. This unit provides a foundation for later units, both in its content and its method of teaching, within the context of legal problem solving. Students will be encouraged to reflect critically on aspects of the legal system, which includes an introduction to the historical and philosophical sources of such elements as the adversarial system, the structure of courts and tribunals and the roles of lawyers and judges. This unit also introduces students to the key principles of and approaches to statutory interpretation, which is an essential legal skill.

LW211/LAWS2110 Contract Law A
Pre-requisites: LW100 Legal Research and Writing, LW1010 Legal Process and Statutory Interpretation
Contracts are legally enforceable promises or agreements. This unit will focus on the principles of contract law governing the formation of a contract. It will also include the separate doctrine of equitable estoppel. This unit will also cover some principles governing the content, effect and enforceability of contractual terms (with additional principles covered in Contract Law B). Relevant principles from common law, equity and statute will be covered. This unit will be taught with a practical focus and thus students will be assessed on their ability to identify relevant legal issues in a contractual dispute and create appropriately reasoned solutions.

LW212/LAWS2120 Contract Law B
Pre-requisites: LW100/LAWS1000 Legal Research and Writing, LW1010/LAWS1010 Legal Process and Statutory Interpretation, LW211/LAWS2110 Contract Law A
This unit will focus on the principles of contract law governing performance, discharge and breach of contract and remedies for breach. It will also include the separate doctrine of restitution. This unit builds on Contract Law A and the relevant principles from common law, equity and statute. Students will be assessed on their ability to identify relevant legal issues in a contractual dispute and create appropriately reasoned solutions.

LW221/LAWS2210 Torts A
In this unit, students will examine a variety of torts. The intentional torts will be covered, alongside a sampling of other torts such as nuisance or defamation. Unifying topics such as vicarious liability, multiple tortfeasors, apportionment of liability, limitation of actions and wrongful death will also be covered.

There are many important contested issues in the law of torts, which speak to how our society should regulate civil wrongdoing. Students will engage with these debates and critically evaluate the direction that the law has taken. Students will also provide basic legal advice to clients in relation to the various torts that have been considered.

LW222/LAWS2220 Torts B
This unit examines the tort of negligence which concerns the negligent infliction of harm by one party on another. The injury sustained may be to their body, their property, their economic interests or their mental health, and the law deals with each type of injury differently. Additionally the law of negligence has specific rules concerning the allocation of risk to occupiers, public bodies, and rescuers among others.

The law in this area is complex, often contentious, and has important social ramifications. Students will consider the current law in depth, and critically evaluate it. They will also provide basic legal advice to clients.

LW231/LAWS2310 Equity - 25 credit points
This unit introduces students to the origin and nature of Equity and examines several of the most fundamental equitable doctrines (such as estoppel, fiduciary obligations and breach of confidence) in order to illustrate the manner in which the law of Equity functions in Australia today.

LW232/LAWS2320 Trusts – 25 credit points
This unit will build on the students’ knowledge of Equity by examining in detail the law of Trusts. Students will become familiar with the fundamental nature of trusts, the most important varieties of trust, and the essential requirements for creating a valid trust, the rights of trustee and beneficiary, and the legal rules pertaining to breach of trust.

LW241/LAWS2410 Property Law A
Pre-requisites: LW100/LAWS1000 Legal Research and Writing, LW1010/LAWS1010 Legal Process and Statutory Interpretation
This unit will focus on 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, and the rules for determining priority disputes between competing claims for property and the doctrine of native title.

LW242/LAWS2420 Property Law B – 25 credit points
Students will examine the application of fundamental common law, equitable and statutory principles of property law under the Torrens System of Land. It will extend students’ understanding of property law concerning the concept of indefeasibility of title, leases, easements, restrictive covenants and mortgages.

LW251/LAWS2510 Criminal Law A - 35 credit points
Co-requisites: LAWS1000 Legal Research and Writing, LAWS1010 Legal Process and Statutory Interpretation
This unit provides an introduction to criminal offences and criminal procedure. While the focus will be on the relevant State jurisdiction, aspects of Federal criminal law will also be introduced. The unit will predominantly deal with matters that need to be proved to successfully prosecute major criminal offences.

LW252/LAWS2520 Criminal Law B - 35 credit points
This unit provides an introduction to criminal offences and criminal procedure. While the focus will be on the relevant State jurisdiction, aspects of Federal criminal law will also be introduced. The unit will predominantly deal with matters that need to be proved to successfully prosecute major criminal offences.

LAWS3001 Evidence
Pre-requisites: LAWS1000 Legal Research and Writing, LAWS1010 Legal Process
This unit deals with the theory and practice relating to the laws of Evidence in both State and Federal jurisdiction across a variety of topics. The key principles governing the procedural rules relating to the collection and admission of evidence are considered, along with the rules of admissibility and the judicial discretion to exclude evidence. The focus will be on the practical application of these principles in the practice of law.

LAWS3002 Administrative Law
Pre-requisites: LW100 Legal Research and Writing, LW1010 Legal Process
Administrative law is concerned with the operation of government and the principles of sound public administration and decision-making. It includes Parliament, the Executive, statutory tribunals and semi-governmental organisations.

The Unit covers major aspects of both Merits Review and Judicial Review at the Commonwealth and State level and the growth of public enquiries. The Unit will provide students with fundamental legal knowledge and skills to address administrative law problems, and to advise and represent clients affected by governmental power and decisions.

LAWS3003 Constitutional Law
Pre-requisites: LW100 Legal Research and Writing, LW1010 Legal Process
Constitutional Law deals with the rules that make up the system of government in Australia. The unit identifies the difference between the state and federal constitutions, but the focus is on the distinctively federal aspects of the Australian Constitutional system, and in particular the division of the legislative, executive, judicial and financial powers between the Commonwealth and the States. The unit begins with an introduction to the sources of constitutional law, types of constitutions, the philosophical underpinnings of constitutions and fundamental principles of constitutionalism including the rule of law, the separation of powers, representative democracy and federalism. Against this background the unit also undertakes a critical examination of selected enumerated legislative powers of the Commonwealth including the External Affairs Power, Defence Power, Corporations Power, Trade and Commerce Power and the Taxation Power. The unit will also address various constitutional rights and freedoms.

LW321/LAWS3210 Corporations and Partnerships - 40 credit points
Pre-requisites: LAWS1000 Legal Research and Writing, LAWS1010 Legal Process and Statutory Interpretation
The incorporated body is the basic legal entity of commerce. Students will learn the principles of company law including the responsibilities of those who conduct business through incorporated structures. Principles learned will include the nature of legal entity status, directors’ duties and the division of power between shareholders and directors, how shareholding can be differentiated; and the difference between a partnership and a corporation.

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.

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.

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.

LW360/LAWS3600 Advocacy
In this unit, students will develop 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 or Local Court level and an appeal in a higher court. Students will develop skills in preparation of an oral argument, court room etiquette and public speaking. They are also required to submit written court documents.

LW402/LAWS4020 Comparative Law
Pre-requisites: Students must have completed 400 credit points in law before they can enrol in this unit
Comparative Law includes study of major families of law (Romano-Germanic and Common Law). The basic differences between civil and common law and their differing approach to public and private law. This unit will include case studies in the common law, civil law and laws associated with the Islamic tradition. The prominent differences between different legal systems will also be examined (e.g. the impact of the doctrine of precedent as well as the differences between adversarial and investigatory civil procedure methods).

LW403/LAWS4030 Private International Law
Pre-requisites: Students should complete 400 credit points in law before they can enrol in this unit.
Private International Law covers traditional resolution of conflict of law issues including foreign enforcement of domestic judgments and domestic enforcement of foreign judgments. This unit will also include, international privacy, counter terrorism and anti-money laundering legislation, anti-corruption legislation, cross-border financing, tax shelters, the enforcement of foreign arbitral awards, the General Agreement on Tariff and Trade, the World Trade Organisation free trade agreements generally, and the jurisdiction of the International Criminal Court.

LW405/LAWS4050 Remedies
Pre-requisites: First, second and third year units (except electives).
Remedies is a capstone unit that ties together the concepts studied in previous units. Topics covered include consideration of the damages available in tort and in contract. Various equitable remedies are also considered. These include restitution, rescission, specific performance, and account of profits, injunctions, equitable compensation and damages, Mareva Orders, Anton Piller Orders, Rectification and Declarations.

LW420/LAWS4200 Public International Law
In this unit students will be provided with an introduction to public international law. Contemporary problems in the field of public international law are examined by reference to key areas including the natural law and Judeo-Christian foundations of international law, the nature of international law; sources of international law (including treaties, customary international law, general principles of international law and juristic opinions); the relationship between international law and domestic (Australian) law; the United Nations system; principles of state responsibility; jurisdiction & immunities; self-determination & secession; and international law and the use of force.

LW350/LAWS3500 Legal Philosophy
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. Particular emphasis is given to the contribution made by the Catholic Intellectual Tradition and Christianity in general to Legal Philosophy.

LAWS4001 Civil Procedure
Pre-requisites: LW100 Legal Research and Writing, LW1010 Legal Process and Statutory Interpretation
This unit will provide students with an overview of civil procedure. The focus of the unit will be dispute resolution pursuant to the relevant legislation, rules, court practices and ethical obligations that apply to legal practitioners engaged in dispute resolution. Students will learn how to apply civil procedure to practical legal scenarios.

LW462/LAWS4620 Alternative Dispute Resolution
This unit will foster the idea of the lawyer as problem solver. This unit introduces processes increasingly being used by parties seeking to resolve disputes without adjudication. These include negotiation, mediation, conciliation, early neutral evaluation and arbitration.
Students will be shown how to distinguish between these processes and how to select the most appropriate form of Alternative Dispute Resolution for particular disputes. Differences between private and court annexed Alternative Dispute Resolution 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.

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

LW464.1 Civil Procedure B
This unit will provide students with an overview of civil procedure. The focus of the course will be dispute resolution pursuant to the relevant legislation, rules, court practices and ethical obligations that apply to legal practitioners engaged in dispute resolution. Students will learn how to apply civil procedure to practical legal scenarios.

LW471/LAWS4710 Commercial Practice and Ethics
This unit covers the legal and commercial characteristics and documentation of various business structures and commercial transactions.
This unit also covers legal ethics and professional responsibility. This will include a lawyer’s ethical duties under common law, equity, legislation and the professional conduct rules. It will also include general ethical principles.


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.

LW230/LAWS2300 Contemporary Legal Issues
Students are invited to explore the law as it relates to controversial and contemporary subjects. Topics are dependent on the issues of the day.

Students will develop a detailed understanding of the merits of the different positions that are adopted 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 that morality should play in the development of the law, and understand the Catholic perspective on any given topic.

LW300/LAWS3000 Health Law
Pre-requisites: LAWS2110 Contract Law A, LAWS2120 Contract Law B, LAWS2210 Torts A, LAWS2220 Torts B, LAWS2510 Criminal Law A, LAWS2520 Criminal Law B
Health Law introduces students to the legal framework in which healthcare practitioners operate. This unit covers 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, the refusal of treatment, and the legal regulation of issues relevant to the beginning and end of life. Students will critically analyse the balance between liability of health care practitioners and rights of their patients. Students will also analyse the contribution of the Catholic Intellectual Tradition to health law.

LAWS3004 Contemporary Issues in Administrative Law
Pre-requisites: LAWS3002 Administrative Law
This unit builds on central principles of the Administrative Law unit. It provides a critical understanding of the extent and efficacy of government power and standards of good administration in selected contemporary Administrative Law areas. Topics of discussion include Australia’s international obligations in the processing of refugees and other immigrants and the appropriate balance between security legislation and personal liberty. This unit will also examine the resurgence of specific area investigative bodies such as royal commissions and anti-corruption commissions.

LAWS3005 Advanced Evidence
Pre-requisite: LAWS3001 Evidence
This unit expands on laws of evidence introduced in the Evidence unit. The focus will be on how the theoretical underpinnings of Evidence impact on practical outcomes in rules and discretions surrounding the admissibility of evidence. It is recommended for students whose career interests include significant quantities of court work.

LAWS3006 Advanced Constitutional Law
Pre-requisite: LAWS3003 Constitutional Law
This unit builds on foundational theory and principles studied in Constitutional Law and provides a deeper understanding of Constitutional Law from an international perspective. This unit also focuses on the role of the High Court, current High Court judgments, practice and procedure in the High Court, preparing for constitutional litigation in the High Court, and the role of the interveners and amicus.

LAWS3007 Advanced Civil Procedure
Pre-requisite: LAWS4001 Civil Procedure
In this unit students will learn how to manage the more complicated aspects of civil cases by themselves. Because the legislature regularly refine civil procedure rules, topics will vary but will include detailed analysis of discovery processes, the preparation, examination and cross-examination of expert witnesses and steps that can be taken to avoid responsibility for party-party costs. Students will also learn how to navigate the ethical challenges arising under the “just, quick and cheap” requirement imposed in Civil Procedure legislation.

LAWS3008 Media Law
The way in which the law regulates the operation of media organisations is of major importance especially in a democracy. A central focus of the unit is on how the law should regulate the media to appropriately protect freedom of speech, privacy and the right to reputation. Students will learn the current Australian law relating to media ownership, regulation and free speech, and how that law compares with media law in other jurisdictions.

LW302/LAWS3020 Mining and Petroleum Law
This unit will familiarise students with key features of law regulating the use and exploitation minerals and petroleum. The unit will consider the conceptual property basis of mining and petroleum law and the history of Australian legal regimes relating to minerals and petroleum, before passing to a detailed consideration of the law applying to the exploitation of resources. Special attention will be paid to law regulating mining as a key industry. The unit will focus on legal regimes affecting the exploitation of gas and petroleum. Consideration is given to preferred commercial structures used by investors and mining companies for exploiting natural resources, including joint ventures and farm-ins. Other areas of study include environmental law as it affects the mining and petroleum industries, mine safety legislation, and native title and its effect on resources projects.

LW303/LAWS3030 Competition and Consumer Law
Pre-requisites: LAWS2110 Contract Law A, LAWS2120 Contract Law B, LAWS2210 Torts A and LAWS2220 Torts B
This unit focuses on competition (antitrust) and consumer protection provisions found in Australian legislation..The first part of the unit considers constitutional underpinnings of competition and consumer protection law in Australia and the role of key regulators, principally the Australian Competition and Consumer Commission (ACCC). The second part of the unit deals with consumer protection law, in particular, the prohibition of misleading and deceptive conduct and false representations, unconscionable conduct as it affects businesses and individuals and the law in relation to consumer guarantees. In both parts of the unit close attention is given to the wide and unique range of remedies available to businesses and consumers for breaches of the Act.

LW304 Employee Relations Law
LAWS3040 Employment Law

Pre-requisites: LAWS1000 Legal Research and Writing, LAWS1010 Legal Proess, LAWS2110 Contract Law A, LAWS2120 Contract Law B
This unit deals with the legal regulation of employment within Australia. It will specifically explore: the employment relationship, creating an employment contract and the terms and conditions (express and implied) of employment contracts. It also covers relevant legislation, awards, agreements and other instruments that govern employment conditions, termination of the employment relationship; and occupational safety and health and equal opportunity in employment.

The Unit will explore both Federal and State jurisdictions and common law principles.

LW305/LAWS3050 Family Law
Pre-requisites: LAWS2410 Property Law A, LAWS2420 Property Law B. LAWS2310 Equity, LAWS2320 Trusts
This unit provides an introduction to contemporary Family Law in Australia. The unit starts with an introduction to Commonwealth and State legislative powers with particular emphasis on the Family Law Act 1975. 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.

LW307/LAWS3070 Intellectual Property Law
Pre-requisites: LAWS2110 Contract Law A, LAWS2120 Contract Law B
This unit will centre on protection granted under the Copyright Act (1968) and Designs Act (2003) 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 (1995) under the common law of passing off and pursuant to relevant statutes will be examined. The protection of computer software, the Patents Act (1990), parallel importing, international treaties and the economic ramifications of intellectual property rights in Australia and overseas will be briefly considered.

LW309/LAWS3090 Human Rights Law
Pre-requisites: LAWS1000 Legal Research and Writing, LAWS1010 Legal Process
Human Rights Law is a rapidly expanding branch of Public International Law. This unit explores the historic evolution and conceptual foundation of contemporary human rights law, the key human rights treaties, and the main international and national institutions established to ensure compliance with human rights standards by governments, organizations and individuals. The extent to which human rights are recognized and protected under international and Australian law is critically examined. There is a particular focus on the universality of human rights, anti-discrimination legislation, religious liberty, vilification and freedom of speech.

LW311/LAWS3110 Indigenous Law
Students 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. Other legal issues of relevance to indigenous people, such as the criminal justice system, Aboriginal heritage, stolen generations, international law and reconciliation also will be addressed.

LW312/LAWS3120 Insolvency
Pre-requisites: LAWS321 Corporations and Partnerships
This unit is an extension of corporation law. The unit provides students with an overview of law affecting insolvency, and in particular, the external administration process undergone by corporate entities in financial trouble. This unit involves study of 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 external administration processes have on the company, its directors, employees, shareholders and creditors. In addition the unit involves comparative analysis between external administration processes.

LW313/LAWS3130 Succession
Pre-requisites: LAWS2320 Trusts
In this unit students will examine the law of wills, intestate succession and the administration and distribution of an estate. This involves the requirements for making and drafting a valid will, factors which may render a will invalid, the revocation of wills, statutory provisions relating to the distribution of intestate property , and the procedures for obtaining grants of representation for the administration of deceased estates. Students will also consider the categories of persons who may make an application for provision against the estate of a deceased person where the applicant receives no or inadequate provision from the estate.

LW315/LAWS3150 Bioethics and the Law
Pre-requisites: LAWS1040 Ethics and the Law
Australian law regulates scientific techniques used in bioethics. Laws regulating provision of medical techniques inevitably raise complex and controversial questions about societal and ethical values. Students will be required to critically examine ethical theories and principles, case law, statutes, treaties, and the perspective of the Catholic Intellectual Tradition, and to consider whether the ethical stance represented in such law requires law reform.

LW317/LAWS3170 The Law of Lender Liability
Pre-requisites: LAWS1000 Legal Research and Writing, LAWS1010 Legal Process and Statutory Interpretation
In this unit students will examine the law of lender liability. This includes 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.

LW318/LAWS3180 Trial Advocacy
Pre-requisites: LAWS3600 Advocacy
In this unit students will build upon the interlocutory skills they learned in Advocacy and will learn how to run a complete trial from beginning to end, culminating with their participation in a full mock trial.

LW325/LAWS3250 Work Health and Safety Law
Pre-requisites: LAWS2210 Torts A, LAWS2220 Torts B
This unit examines the legal framework of occupational safety and health law. It has a practical focus on how law is applied in the workplace. It explores the statutory framework and principles, the obligations of persons conducting businesses or undertakings, the role and function of relevant statutory authorities, statutory notices and prosecutions, workers compensation and safety and health management systems.

LW326/LAWS3260 Environmental Law
This unit explores 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. 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.

LAWS3280 International Commercial Dispute Resolution
Pre-requisites: LW100/LAWS1000 Legal Research and Writing, LW1010/LAWS1010 Legal Process & Statutory Interpretation, LW211/LAWS2110 Contract Law A, LW212/LAWS2120 Contract Law B, LW221/LAWS2210 Torts A, LW222/LAWS2220 Torts B
This unit focuses on resolution of international commercial disputes through negotiation, mediation and international arbitration.

LAWS3800 Law Review A
Pre-requisites: 200 credit points of law units.
The unit is the first of a two part (course) law review project. Over the two courses, students will enhance skills associated with the writing, production and publication of an academic and scholarly law journal. Students will learn to review legal writing critically and develop further their own legal research and writing skills in the process. It will provide opportunities for students to integrate the law learnt in the classroom with material submitted for publication.

LAWS3801 Law Review B
Pre-requisite: LAWS3800 Law Review A
The unit is the second of a two part (course) law review project. Over the two courses, students will enhance skills, associated with the writing, production and publication of an academic and scholarly law journal subject to peer review. Students will learn to review legal writing critically and develop further their own research and writing skills in the process. It will provide opportunities for students to integrate the law learnt in the classroom with writing submitted for publication.

LW422/LAWS4220 International Law Moot
Pre-requisites: Students must be up to electives in their course structure and be invited by the Unit Coordinator in order to enrol in this unit.
This unit provides students with an opportunity to obtain an understanding of international trade law and international commercial arbitration law. The unit is also skills-based because students will be involved in numerous simulated arbitration hearings and will study oral advocacy skills which are needed to address an arbitral court. The goal of the unit is to foster the study of international commercial law and arbitration for resolution of international business disputes through its application to a concrete problem of a client and to train law leaders of tomorrow in methods of alternative dispute resolution.

LAWS4410 Advanced Research Project A
Pre-requisites: 300 credit points from law courses.
The unit is the first of a two part (course) honours research project. Over the two courses, students will be actively engaged in researching an avenue of law which is of particular interest to them through definition of the scope of the research, constructing a sound legal argument and presenting it in both a written and oral form. In this first course, students will be required to choose, and receive approval from the Course Co-ordinator for a research topic. Students will then be required to submit a written abstract and make an oral presentation on the research completed to date.

LAWS4411 Advanced Research Project B
Pre-requisites: LAWS4410 Advanced Research Project A
This course is the second of a two part (course) honours research project. Over the two courses, students will be actively engaged in researching an avenue of law which is of particular interest to them through definition of the scope of the research, constructing a sound legal argument and presenting it in both a written and oral form. In this second course, students will be required to complete a 10,000 – 12,000 word thesis on their chosen topic.

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.

LW322 International Moot
This unit will cover the United Nations Conventions on Contracts for the International Sale of Goods (CISG) and will also provide an introduction to the law on international commercial arbitration. The unit will appeal to those who have an interest in international business and arbitration as an alternative to litigation to resolve international business disputes. The unit requires independent study by students followed by a number of simulated arbitration hearings, during which students will act as arbitrators and counsellors for the parties to the dispute.

LW333/LAWS3330 Construction and Building Contract Law
Pre-requisites: LW211/LAWS2110 Contract Law A, LW212/LAWS2120 Contract Law B
This unit provides students with an understanding of how the principles of contract law apply in the practice of construction law. Discussion will focus on the unique terms which courts have implied into construction contracts, the use of the tender process in construction contract formation, how construction contracts are varied and how time limits under construction contracts can be made essential under either applicable statute law or the common law. Students will also learn the rights of construction contract parties in the event of poor performance or breach of contract.

LW336/LAWS3360 Entertainment Law
Pre-requisites: Students must have completed at least 400 credit points in law before they can undertake this unit
The entertainment sector is a growth industry in the modern Australian economy. In an era of collaboration between human creativity and performance and the emerging networks for digital creation, distribution and exhibition, the operation of the entertainment industry is underpinned by the complex interaction between various types of law including contract and intellectual property law. Accordingly, the legal framework of the entertainment industry is an area warranting focussed study.

LW338/LAWS3382 Mental Health Law
The unit explores how Mental Illness impacts various areas of the law. Areas of focus will include criminal law, human rights legislation, international law, health law, consumer law, and guardianship and administration concerns.

LW339/LAWS3390 Introduction to Canon Law
Pre-requisites: LW100/LAWS1000 Legal Research and Writing, LW1010/LAWS1010 Legal Process and Statutory Interpretation
This unit provides an introduction to the internal laws governing the Catholic Church (Canon Law). These laws are specified in the Code of Canon Law promulgated by Pope John Paul II (1983). Subject matter includes church discipline, marriage and annulment, the administration of Church property and how the church responds to complaints of sexual abuse.

LW343/LAWS3430 Commercial Drafting
Pre-requisites: Students must complete 200 credit points in law before they can enrol in this unit.
This unit will cover a number of principles of law, commercial issues and drafting skills relevant to the interpretation and drafting of a range of commonly used commercial agreements. This will include detailed consideration of formal parts of an agreement, execution issues, and various clauses of commercial agreements. As an applied unit, it will also include an in-depth practical consideration of common commercial agreements.

LW344/LAWS3440 Law and Religion
In this unit students will focus on the key treaties and international institutions relevant to religion and assess the approach they have taken in determining the appropriate international and national role that religion should play. A key focus of the unit will also be on the approach the Australian legislature, executive and judicature have taken in resolving a variety of issues involving religion. Particular topics covered in the unit will include the approach of international law to religion, the role of the Australian Constitution, anti-discrimination laws, blasphemy and anti-conversion laws.

LW345/LAWS3450 Law of Corporate Finance
Pre-requisites: LW321/LAWS3210 Corporations and Partnerships. Students must have completed 400 law credit points in order to enrol in this unit.
In this unit students will expand beyond the fundamental principles of corporate regulation considered in LW321 Corporations and Partnerships to examine the regulation of equity raisings in Australia under the Corporations Act 2001 (Cth) (Act) and the Australian Securities Exchange Limited Listing Rules (Listing Rules). ?The unit covers the raising of equity and debt capital finance and how the Act and the Listing Rules regulate companies once securities have been issued and consider the administrative network relevant to securities offerings and regulation, the regulation of insider trading and market manipulation.

LW346 Education Law
Pre-requisite units: LW100 Legal Research & Writing; LW1010 Legal Process; LW221 Principles of Torts A; LW222 Principles of Torts B.
With increasing government regulation of education in both School and University sectors, there is a corresponding need for more legal education in this area. This unit will determine the legal framework of Schools including secular and religious schools. It will consider education from the both the students’ and the teachers’ perspectives including duty of care, discrimination, privacy, educational negligence, discipline, family law issues, and employment law issues.

LW347 Introduction to Australian Income Tax
LAWS3470 Introduction to Australian Income Tax Law

Pre-requisites: LW100/LAWS1000 Legal Research and Writing, LW1010/LAWS1010 Legal Process and Statutory Interpretation
This unit provides an introduction to Australia’s system of taxing individuals. It examines practical operation of Australia’s income tax laws as well as underlying principles on which those laws are based and considers income tax, capital gains tax and fringe benefits tax. During the unit, students will become familiar with allowable income tax deductions, capital allowances and the tax treatment of trading stock and specific tax accounting regimes. The unit also discusses how Australian income tax legislation responds to tax evasion, avoidance and planning.

LW348/LAWS3480 Advanced Taxation Law
Pre-requisite: LAWS3470 Introduction to Australian Income Tax
This unit builds on the general principles of taxation law studied in LW347: Introduction to Australian Income Tax. In this unit students will learn about the taxation of companies, partnerships and trusts, dividend imputation, the taxation of foreign residents and the foreign source income of Australian residents, goods and services tax and the taxation of superannuation. They will also explore how the Australian taxation system is administered by the Commissioner of Taxation and the Australian Taxation Office.

LW349/LAWS3490 Insurance Law
Pre-requisites: LW100/LAWS1000 Legal Research and Writing, LW1010/LAWS1010 Legal Process and Statutory Interpretation, LW211/LAWS2110 Contract Law A, LW212/LAWS2120 Contract Law B, LW221/LAWS2210 Torts A, LW222/LAWS2220 Torts B
This unit will discuss the definition and history of insurance and the identity of the normal parties involved in insurance contracts. Students will learn how insurance contracts are formed and underwritten, how insurers respond to and settle claims and how the Insurance Contracts Acts 1984 has affected insurance practice.
The unit will consider the traditional marine, life and reinsurance contracts but will also discuss forms of insurance which have emerged more recently, including public liability, professional indemnity, industrial special risks, property, and insurance for company directors and officers.
The unit will also consider the regulatory world in which insurers operate and consider the roles of the Australian Prudential Regulation Authority and the Australian Security and Investment Commission and consider the provisions of the Insurance Act 1973.

LW351/LAWS3510 Law and War
Pre-requisites: LW100/LAWS1000 Legal Research and Writing, LW1010/LAWS1010 Legal Process and Statutory Interpretation
In this unit students will examine the evolving role of law during times of armed conflict with a particular focus on international humanitarian law and international criminal law. The unit will offer both a historical and contemporary examination of the role that law has had in limiting the actions of combatants during times of war. Students will consider the legal rules derived from instruments such as the Geneva Conventions of 1949 (and their Additional Protocols of 1977) as well as the practical difficulties with enforcement of these rules. Students will also consider the development of individual criminal responsibility for breaches of these rules and the challenges associated with criminal sanction for war crimes at the international level. Particular attention will be given to the International Criminal Court.

LW352/LAWS3520 Special Topics in Law I
Pre-requisites: Students must have completed 400 credit points in law to be eligible to enrol.
This unit involves a detailed examination and analysis of a specific topic in law. The topic (along with any pre-requisite units) will be published as part of the annual list of electives published by the respective Schools of Law in Fremantle and Sydney.

LW353/LAWS3521 Special Topics in Law II
Pre-requisites: Students must have completed 400 credit points in law to be eligible to enrol.
This unit involves a detailed examination and analysis of a specific topic in law. The topic (along with any pre-requisite units) will be published as part of the annual list of electives published by the respective Schools of Law in Fremantle and Sydney.

LW366 Aviation Law
This unit will provide an understanding of the complex legal framework underpinning the aviation industry from both an international (particularly the European Union) and Australian perspective. In particular, it will review the relevant international treaties, the structure of Australia's aviation regulatory framework, airport operations, air traffic control, airline operations and maintenance, aviation security and safety management and regulatory compliance, as well as the issues arising from aircraft emissions, accident investigation and passenger compensation. The unit will allow students to explore, by way of a research paper, an aspect of Aviation law of their particular interest thus challenging student's to undertake comprehensive legal research on a new, challenging and highly relevant area of the law.

LW373/LAWS3730 Law in Context (Externships)
Pre-requisites: Students must be up to electives in their degree structure.
This unit involves students working in legal practice engaging in clinical legal education. Students will undertake a work placement with an approved legal practitioner in a Community Legal Centre or similar approved placement for at least 80 hours. The experiential learning in this unit comes through critical reflection on the experience of working in practice. Through reflective learning students will sharpen their practical legal skills, and develop an appreciation and understanding of ethical dimensions of legal practice, particularly in the context of Catholic Social Justice teaching.

LW374 Law in Context
(Pre-requisites: Students must be up to electives in their degree structure.)
This unit involves students working in legal practice engaging in clinical legal education. Students will undertake a work placement with an approved legal practitioner in a Community Legal Centre or similar approved placement for at least 80 hours. The learning in this course comes through critical reflection on the experience of working in real practice. Through reflective learning students sharpen their practical legal skills and develop an appreciation and understanding of ethical dimensions of legal practice with reference to Catholic Social Justice teaching.

LW380 Law Review - 20 credit points
(written application for and acceptance into this unit is required before enrolment)
Students will enhance skills associated with the writing, production and publication of an academic and scholarly law journal. Students will learn to review legal writing critically and develop further their own legal research and writing skills in the process. It will provide opportunities for students to integrate the law learnt in the classroom with material submitted for publication.

LW395/LAWS3950 Commercial Law
Pre-requisites: LW100/LAWS1000 Legal Research & Writing, LW1010/LAWS1010 Legal Process & Statutory Interpretation
This Unit focuses on fundamental areas of commercial law including sale of goods, agency, bailment, insurance, guarantees, negotiable instruments, and consumer credit. Due to the increasing intervention of legislation within the commercial arena, this unit will also focus on legislation covering the areas mentioned above.

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 of this unit is to develop legal research and writing skills on a specific area of law. This unit is only available to final year law students who have been invited into the Honours course. Students 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.

LW442/LAWS4420 Directed Research Project
Pre-requisites: Enrolment at the discretion of the Dean and student must obtain at least Credit average.
This unit provides a limited number of final-year students the opportunity to undertake a research project on a topic of their choice, thus allowing further specialisation in a specific field.