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Foundations of Law Full Notes

LAWS1006 - Foundations of Law

109 Pages Essays / Projects Year: Pre-2018





Topic 1

Legal Institutions: General Considerations


Vines, chh 1 & 10

Cook, Creyke et al, chh 1, 8 & 15


Page 3

Topic 2

Legal Reasoning


Vines, ch 14

Cook, Creyke et al, chh 9, 10, 11


Acts Interpretation Act 1901(Cth), ss 15AA, 15AB

Interpretation Act 1987(NSW), ss 33-34

Further reading:

Parkinson + Hughes, Leane & Clark + Gifford and Gifford, generally

Page 12

Topic 3

English Legal and Constitutional History from 1066 to 1875


Vines, chh 2, 3 & 4

Cook, Creyke et al, pp 9-27


Page 19

Topic 4

New South Walesand Commonwealth Legal and Constitutional History From 1788 to the Present


Vines, ch 6

Cook, Creyke et al, pp 33-48

Cases: (extracts only)

Mabov State of Queensland(No 2) (1992) 175 CLR 14

State Government Insurance CommissionvTrigwell(1979) 142 CLR 617

Further reading:

Parkinson + Hughes, Leane & Clarke + Aitken & Orr +Hanks + Lumb + Morison +Castles + Crawford

Page 27

Topic 5

The Commonwealth Parliament


The Commonwealth Constitution

Cases(extracts only):

Western Australiav The Commonwealth (First Territorial Senators Case) (1975) 134 CLR 201

Amalgamated Society of Engineersv Adelaide Steamship Co (Engineers Case) (1920) 28 CLR 129

Viskauskasv Niland (1983) 153 CLR 280

University of Wollongongv Metwally (1984) 158 CLR 447

The Commonwealthv Tasmania(Tasmanian Dam Case) (1983) 158 CLR 1

Further reading:

Hughes, Leane & Clarke + Aitken & Orr + Hanks

Page 35

Topic 6

The New South Wales Parliament


  • Constitution Act 1902(NSW), ss 3, 5,5A,5B, 7,7A,7B, 8A, 9A,17,22B(2),24
  • AustraliaAct 1986(Imp), ss 6-10

Cases (Extracts only):

  • Attorney – General for New South Walesv Trethowan [1932] AC 526
  • Clayton v Heffron (1960) 105 CLR 214

Further reading:

Hughes, Leane & Clarke + Aitken & Orr+ Hanks+ Lumb

Page 47

Topic 7

What is Law?  


Vines, ch 12

Cook, Creyke et al, ch 1

Ratnapala, "What is law?", in Corkery, A Career in Law, 2nd ed., Federation Press, 1989 (Available from the Library Reserve)

Further reading:

Hughes, Leane & Clarke + Parkinson

Page 55

Topic 8

The Legal Profession  


Cook, Creyke et al, ch 2

The Hon Ken Marks “Judicial independence” (1994) 68 ALJ 173

The Hon Mr Justice Young “Current topics: Dismissal of judges” (1993) 67 ALJ 83

The Hon Mr Michael Kirby, “Judicial Activism: Authority, Principle and Policy in the Judicial Method”, The Hamlyn Lectures, 55th series, Delivered 19-20 & 24-25, November 2003, University of Exeter, UK

(Articles available from Library Reserve)


Constitution Act 1902(NSW), pt 9, s 7B

Constitution, s 72

Further reading:

Hughes, Leane & Clarke + Crawford + Aitken & Orr

 The Hon Sir Gerard Brennan “The State of the Judicature” (1998) 77 ALJ 33

Wilsonv Minister for Aboriginal & Torres Strait Islander Affairs(1996) 70 ALJR 743

Justice Debelle “Judicial Independence and the Rule of Law” (2001) 75 ALJ 556

Page 61

Topic 9

The Executive Government 

Cases (extracts only):

Victoriav The Commonwealth (Petroleum and Minerals Authority Case or PMA Case) (1975) 134 CLR 81

Minister for Arts, Heritage and Environmentv Peko Wallsend(1987) 75 ALR 218 at 225


Constitution, ss 53, 54, 55, 57, 61-70, 128

Further reading:

Hughes, Leane & Clarke + Aitken & Orr + Hanks + Lumb + Morison

Page 67

Topic 10

The Court System

Cases (extracts only)

Waterside Workers Federation of Australiav J W Alexander (Alexander's Case)(1918) 25 CLR 434

Rv Kirby: ex parte Boilermakers Society of Australia (Boilermakers Case)(1956) 94 CLR 254

Harrisv Caladine(1991) 172 CLR 84

Hiltonv Wells(1985) 157 CLR 57

Building Construction Employees and Builders' Labourers Federation of New SouthWalesv Minister for Industrial Relations(1986) 7 NSWLR 372

Re Wakim; Ex parte McNally(1999) 73 ALJR 839


Constitution, ss 71-77

Further reading:

Hughes, Leane & Clarke + Parkinson + Crawford + Aitken & Orr + Hanks

Page 73

Topic 11

Non – Judicial Tribunals


Trade Practices Act 1974(Cth), ss 6A, 7, 8, 8A, 28, 30, 31, 31A, 32, 86

Consumer Trader and Tenancy Tribunal Act 2002(NSW), ss 5, 6, 7, 8, 10, 11, 21, 22, 23.

Consumer Claims Act 1998(NSW), ss 3, 6, 7, 8, 13, 14

Consumer Claims Regulation 1999(NSW), reg 6

Further reading:

Crawford + Notes on the Administrative Decisions Tribunal (NSW)

Complaints to the Ombudsman: Procedural Notes, in Flick, Federal Administrative Law, vol 2, paras [20001]-[20060]

Page 87

Topic 12

Arbitration and Alternative Dispute Resolution


Cook, Creyke et al, ch 5

Sir Laurence Street, The language of alternative dispute resolution, (1992) 66 ALJ 194

Sourdin, Alternative Dispute Resolution, Thomson Lawbook, Sydney 2002, pp.1-8; 63-72; 81-84; 115-120; 125-134

(Articles available from Library Reserve)


Further reading:

Parkinson + Hughes, Leane & Clarke

Page 93

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