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Foundations of Law Full Notes
LAWS1006 - Foundations of Law
7 Found helpful • 109 Pages • Essays / Projects • Year: Pre-2021
LEGAL INSTITUTIONS
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Topic 1 |
Legal Institutions: General Considerations Texts: Vines, chh 1 & 10 Cook, Creyke et al, chh 1, 8 & 15
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Topic 2 |
Legal Reasoning Texts: Vines, ch 14 Cook, Creyke et al, chh 9, 10, 11 Legislation: 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 |
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Topic 3 |
English Legal and Constitutional History from 1066 to 1875 Texts Vines, chh 2, 3 & 4 Cook, Creyke et al, pp 9-27
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Page 19 |
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Topic 4 |
New South Walesand Commonwealth Legal and Constitutional History From 1788 to the Present Texts: 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 |
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Topic 5 |
The Commonwealth Parliament Legislation 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 |
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Topic 6 |
The New South Wales Parliament Legislation:
Cases (Extracts only):
Further reading: Hughes, Leane & Clarke + Aitken & Orr+ Hanks+ Lumb |
Page 47 |
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Topic 7 |
What is Law? Texts: 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 |
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Topic 8 |
The Legal Profession Texts: 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) Legislation: 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 |
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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 Legislation: Constitution, ss 53, 54, 55, 57, 61-70, 128 Further reading: Hughes, Leane & Clarke + Aitken & Orr + Hanks + Lumb + Morison |
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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 Legislation: Constitution, ss 71-77 Further reading: Hughes, Leane & Clarke + Parkinson + Crawford + Aitken & Orr + Hanks |
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Topic 11 |
Non – Judicial Tribunals Legislation: 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] |
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Topic 12 |
Arbitration and Alternative Dispute Resolution Texts: 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 |
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