Law units

University of Tasmania
Law Units - 1996


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BLA611 Jurisprudence 1


Special notes not offered in 1996  
teaching staff
campus & mode
unit weight
teaching pattern
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA612 Jurisprudence 2

Introduces students to some of the major theories of law, such as Natural Law, Positivism and Realism and some of the most influential modern theories, including those of Professors Hart and Dworkin with a view to encouraging students to think about the possible justifications for law and for the powers judges exercise. The unit falls into two parts: (a) an analysis of the major theories of law; and (b) an analysis of the types of justification which could be given for judicial decisions.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
Dworkin RM, Taking Rights Seriously,  2nd edn, Duckworth, London
-, Law's Empire,  Fontana, 1986.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA613 Jurisprudence 3

Introduces students to contemporary work in critical theory in jurisprudence. The unit provides students with an understanding of the central issues in contemporary jurisprudence and the ways in which these issues function as sites of contested meaning. Students learn to apply various theoretical perspectives to central issues in law, including the nature of justice and the role of equality before the law. Because this is a unit about law, rather than a unit in law, it emphasises the development of basic analytical skills and the ability to debate central legal and ethical issues. It centres on the work of the critical legal studies movement, critical race theory, and mainstream work in feminist jurisprudence.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2
prerequisites
corequisites
mutual exclusions
method of assessment original 4,000-word research paper (topics individually negotiated with the lecturer in charge)
required texts, etc
Berns SS, Concise Jurisprudence,  Federation Press, Sydney,1993.

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA614 Jurisprudence 4

Introduces postmodern feminist legal theory and provides students with an understanding of the central issues in feminist jurisprudence through an examination of the marginalities of gender and race and their relationship to law. Students explore whether and how there can be a role for the feminine in law and in adjudication without either relying on some form of essentialism or simply seeking to reverse existing gender hierarchies. Students learn to analyse the relationship between law, justice, and the female body. The relationship between law and justice is a central theme, and the idea of justice as 'what did not happen when the law has had its way' will be explored. The unit centres on the work of feminist theorists who have been influenced by the 'French feminisms' and by the work of Jacques Derrida.

Special notes not offered in 1996  
teaching staff Assoc Prof S Berns
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2-hour seminar weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 4,000-word research paper, topics individually negotiated with lecturer in charge
required texts, etc
Berns SS, Writing Otherness into Law: A Reader in Feminist Jurisprudence.  

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA615 Criminology

Is the study of the nature and explanations of crime and its control. The unit seeks an understanding of the nature of crime and society's response to it in its historical, social and political context. Studies cover: the phenomenon of crime, why some forms of conduct are criminalised; theories and explanations of crime, focusing on the extent to which these approaches deal with the crimes of women as well as of men; and selected criminological issues, e.g. juvenile offenders, victims and any contemporary issues.

Special notes
teaching staff Assoc Prof K Warner and Ms T Henning
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 50-minute lecture, and 50-minute seminar weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 2 assignments (40% ea) or 1 assignment (40%) and a 2-hour open book exam (40%), seminar paper (10%), participation (10%).
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA616 Sociology of Law

Addresses the way in which the law and legal and political institutions have constructed the social meaning of gender. Central ideologies such as the public/private distinction and liberalism will be deconstructed and their role in maintaining the status quo examined. Unit objectives are: to encourage students to think critically about the ways in which gender is constructed by law and legal and political institutions; to enable students to draw upon insights from a variety of disciplines, including legal history, sociology of law and legal philosophy in analysing the relationship between law, gender and power; to assist students to understand the ways in which various legal doctrines in a range of areas have structured gender roles and the expectations associated with them; and to encourage students to apply their insights to the possibilities of law reform aimed at overcoming gender bias.

Special notes
teaching staff Ms P Baron
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2-hour seminar weekly (14 weeks).
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA617 Comparative Law

Not offered in 1996

Gives students a broad overview of the world's legal systems and, through concentration on the sources of law in those systems, of the methods of resolving legal problems in those systems as compared with our own. The unit covers civilian systems of law, Asian legal systems, customary legal systems, law in post-communist societies and in emerging federal structures. Where appropriate, the unit emphasises a comparative approach to problems which have a practical relevance in Australian law or which impact upon Australia's international obligations.

Special notes not offered in 1996  
teaching staff Assoc Prof S Blay, Mr G Dal Pont, Ms H Gwilliam, Dr R Piotrowicz
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment exam (100%) or research essay on approved topic.
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA631 International Law

Introduces the structure of the international legal system and the basic methodology of International Law. The unit discusses the international system since 1945 through the institutions of the United Nations. The legal significance of the General Assembly, Security Council and the International Court of Justice are discussed at length. It then considers what international law actually is and how it works, by referring to its sources. Extensive reference is made throughout the unit to current international affairs, which are analysed from a legal perspective. An interest in, and familiarity with, international affairs will assist in the study of this unit.

Special notes
teaching staff Dr R Piotrowicz
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment essay (25%), take-home exam (75%)
required texts, etc
Blay, Piotrowicz and Tsamenyi (eds), Public International Law in Australia,  expected date of publication, Jan 1996.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA633 Antarctic and Southern Ocean Law

Focuses on the law relating to man's activity in and around the continent of Antarctica. The unit deals with national claims to sovereignty in Antarctica and related jurisdictional issues, resource issues, environmental matters and protection of the fauna and flora. The unit seeks an understanding of the importance of law in regulating activity in Antarctica, as well as of the close interrelationship between such matters as claims to sovereignty and environmental protection.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - weekly 110-minute class, a combination of lecture and discussion, for which students are required to prepare in advance
prerequisites BLA631 is desirable
corequisites
mutual exclusions
method of assessment assignment (100%).
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA634 Human Rights

Examines the theory of rights and their development in international law. The international judicial processes for protection of human rights and the difficulties of enforcement are discussed. The unit also studies the impact on Australia of human rights theory and practice.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly (14 weeks).
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA635 Advanced International Law

Builds on a basic knowledge of BLA631 by looking in detail at selected topics which vary annually, according to current events. In 1994 the unit was devoted to the law of armed conflicts; in 1995 to the use of force, includijng nuclear weapons, and the law of the sea. Reading lists and questions for discussion are issued in advance and students are required to participate in the classes through a contribution to the discussion.

Special notes not offered in 1996  
teaching staff Assoc Prof S Blay, Dr R Piotrowicz
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly (14 weeks)
prerequisites BLA631
corequisites
mutual exclusions
method of assessment take-home exam (100%).
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA636 Law of the European Union

Covers the following topics: (a) Origins and framework of the European Union (EU) - Treaty of Rome; merger of early Communities/EU Institutions (Court, Council, Commission, Parliament); (b) EU Law making - by treaty, regulation, directive, decision, incorporation into member states legal systems (Doctrine of Direct Effects); conflict of EU and national law; doctrine of margin of appreciation; case law; enforcement by citizens and states, procedures under Article 169; (c) EU Common Market Principles - four freedoms (movement of goods, persons, capital and services); competition policies (Articles 85-90); dominant markets and relevant case law; and (d) The relationship between EU and Australian/International Trade law; community power and competence in external trade agreements.

Special notes not offered in 1996  
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly (14 weeks).
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA641 Planning Law

Familiarises students with the land use planning system of Tasmania; the types of planning controls and their relationship to environmental controls, the appeals system and the legal effects of planning. Controls studied include State government planning policies, planning schemes, interim orders and subdivision controls.

Special notes not offered in 1996  
teaching staff Mr M Stokes
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly, 50-minute tutorial fortnightly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 3-hour exam in Nov.
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA642 Advanced Administrative Law

Explores in greater depth the principles examined in BLA203 and considers important aspects of review of administrative action not covered in that unit. Alternative extra-judicial review systems, including Ombudsmen, independent appeal tribunals and internal review systems are examined as well as the Federal and State systems of review which are studied in some detail - especially freedom of information legislation. Topics may include subordinate legislation dealing with corruption, and administrative remedies.

Special notes
teaching staff Mr R Snell
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1
prerequisites BLA203
corequisites
mutual exclusions
method of assessment major assignment of 3,000-5,000 words (60%), 2 minor assignments of 750 words each (40%)
required texts, etc
recommended reading
Douglas & Jones, Administrative Law: Cases & Materials,  Federation Press, 1993.

Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA644 Advanced Constitutional Law

Falls into two parts. The first part aims to familiarise students with the basic doctrines of Australian Federal Constitutional Law . Topics include: (a) the basic structures of a federal system; (b) the extent to which the Commonwealth and the States are/ought to be immune from each others' laws; (c) the interpretation of Commonwealth powers and the characterisation of Commonwealth laws; (d) the Constitutional position of the States, 109 and the scope of State residual powers; (e) the scope of the important Commonwealth powers; (f) Commonwealth-State financial relations; and (g) The federal common market: 92, 90, 117. The second part aims to examine the extent of protection given to civil and political rights by the Australian Constitution. Topics include: (A) Express rights - (a) due process (trial by jury; prohibition of bills of attainder; right to have government decisions affecting private rights reviewed by a court); (b) freedom of religion; (c) acquisition on just terms; (d) the right to vote; and (B) Implied rights - (a) freedom of political speech and assembly; (b) freedom of movement; (c) equality in application of federal law.

Special notes
teaching staff Mr M Stokes
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly, a 50-minute tutorial fortnightly (14 weeks)
prerequisites BLA203
corequisites
mutual exclusions
method of assessment 3-hour open-book exam in Nov (all materials except Library books).
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA645 Environmental Law

Aims to give students an understanding of the legislative framework within which environmental issues are dealt. The unit looks at how competing interests between the environment and the needs of human beings, in both an international and domestic context, are resolved; how decisions are made and how they may be challenged; and what environmental duties and safeguards have been introduced by legislation.

Special notes
teaching staff Ms N Sidebotham
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 50-minute lecture and 50-minute seminar weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 3,000-word paper (60%), 2-hour exam in June (40%)
required texts, etc
Bates G, Environmental Law in Australia,  4th edn, Butterworths, 1995.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA646 Employment Law

Gives students a good understanding of the sources and applications of common law and statute to the employment relationship. The uniit traces key aspects of the legal conceptualisation of the..

Special notes not offered in 1996  
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 50-minute lecture, 50-minute seminar weekly (14 weeks).
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA647 Trade Union Law

Gives students an overview of the law dealing with trade unions and their place within the Australian industrial relations system and in the international context. Topics to be considered include registration and legal status, regulation of the internal affairs of trade unions, trade union secretary, the rights of individuals with respect to the union, trade union structure, and regulation of industrial conflict. While the primary focus is on the federal position, consideration is also given to the law at State level where appropriate. Students are encouraged to evaluate critically the role of the law in the regulation of trade unions, particularly in the area of legal regulation and industrial action. Students are also given an understanding of the dynamic nature of labour relations, influence by political, economic and social forces and the implication this has for the law in this area. Other underlying themes include the limits of the law in industrial relations and the movement towards deregulation.
May be offered in 1996

Special notes
teaching staff Dr M Otlowski
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 2-hour closed book exam.
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA648 Advanced Criminal Law

Seeks: (a) to develop a sound understanding of some of the more complex issues in criminal law; (b) to build on problem solving skills; (c) to stimulate an understanding of the role and limits of the criminal law by studying a subject area or areas where the need to criminalise is questioned;and (d) to stimulate an understanding of the way in which the social context influences changes in the criminal law. Topics include: the law of homicide, mental disorder and criminal responsibility; accessorial liability; AIDS and the criminal law; abortion and defences for victims of domestic violence; and an advanced study of chosen topics in the criminal law.

Special notes
teaching staff Mr J Blackwood, Assoc Prof K Warner
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2-hour seminar weekly (14 weeks)
prerequisites BLA202
corequisites
mutual exclusions
method of assessment
required texts, etc
Criminal Code Act 1924.
Blackwood J and Warner K, Tasmanian Criminal Law: Test and Cases,  1995.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA652 Media Law

Investigates the common law and statutory controls over mass media and telecommunications in Australia. The unit examines legal and economic aspects of the regulatory regimes which apply to telecommunications and the electronic media, including issues of licensing, ownership and control. Legal controls on the content of media, including those imposed by the laws of defamation and contempt, are also examined. The unit also looks at journalists copyright and copyright in transmission/broadcasts.

Special notes
teaching staff Mr R Snell, Dr R Piotrowicz, Ms A Fitzgerald
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 3x1,500-word research papers
required texts, etc
Armstrong, Lindsay and Watterson, Media Law in Australia,  3rd edn, 1995.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA661 Commercial Law

Aims to (a) raise awareness of major areas of the substantive law affecting commercial practice; (b) raise awareness of consumer protection law; and (c) develop the ability to resolve legal problems which may simultaneously involve several areas of substantive law. The unit concentrates on: (a) insurance law; (b) sales of goods; (c) the consumer protection provisions of the Trade Practices Act; (d) commercial financing; and (e) dealings with property in a commercial context - bailment; and retention of title clauses.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
Vermeesch RB and Lindgren KE, Business Law of Australia,  (latest edn), Butterworths, or
Latimer P, Australian Business Law,  CCH, (latest edn), or
Gillies P, Business Law,  Federation Press, (latest edn), or
Turner, Australian Commercial Law,  Law Book Co (latest edn).

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA662 Tax 1

Studies the taxation of income under the Income Tax Assessment Act 1936 (Cwlth). The unit aims to provide an understanding of the assessment of income tax adequate for those not planning on specialising in income tax practice. The unit is divided into two parts: (a) the concepts of assessable income, including capital gains, and allowable deductions; and (b) the taxation of tax entities (partnerships, trusts and companies); and an introduction to tax planning, tax avoidance and tax administration.

Special notes this unit is a prerequisite for enrolment in Tax 2.
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
Australian Income Tax Assessment Act 1936,  Butterworths or CCH edn.
Woellner RH et al, Australian Taxation Law,  CCH, 1993 (latest edn), or
Lehmann and Coleman, Taxation Law in Australia,  3rd edn, Butterworths, 1994.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA663 International Trade

Examines the major international agreements which establish the rules governing trade between nations and their implementation in domestic regulatory systems. The GATT /World Trade Organisation (WTO), regional arrangements, including APEC, ASEAN, PARTECA and Australian and New Zealand CER, are considered. Topics include the concept of 'most-favoured nation' treatment, the use of tariffs as an instrument of trade policy, unfair trade practices such as dumping and subsidies, the WTO dispute settlement body, the General Agreement on Trade in Services, the agreement on Trade Related Intellectual Property Rights and trade and the environment.

Special notes
teaching staff Ms A Fitzgerald
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2-hour seminar weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 4,000-word research assignment (80%), class presentation and participation (20%)
required texts, etc
Pryles et al, International Trade Law,  Law Book Company, 1995.
Burnett, The Law of International Business Transactions,  Federation Press, 1994.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA664 Intellectual Property

Provides an overview of the major forms of intellectual property protection. The unit covers the statutory systems of copyright, designs, trade marks and patents as well as related areas including protection of trade secrets by the action for breach of confidence, passing off and the protection provided by the Trade Practices Act and the Fair Trading Act. In any particular year, the unit focuses on a selection of intellectual property regimes in which the law is developing rapidly or is under review, e.g. moral rights, computer software or biotechnology. A comparative and international approach is adopted.

Special notes
teaching staff Ms A Fitzgerald
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x1-hour classes weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 4,000-word research assignment (90%), class participation (10%)
required texts, etc
Ricketson, Intellectual Property: Cases, Materials and Commentary,  Butterworths, 1994.
McKeough and Stewart, Intellectual Property in Australia,  Butterworths, 1991.

recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA665 Internal Company Structure

Examines the internal distribution of power within modern corporate structures, and the role of the general meeting and of the board of directors. The unit explores the statutory and common law remedies available for corporate defalcations and for abuse of power by the board or the general meeting. Students are expected to develop: an understanding of the roles played by various corporate organs, and the requirement imposed by equity, by the common law, and by statute upon each of these organs; a familiarity with relevant judicial decisions and an ability to predict future likely decisions; an understanding of the areas in which further reforms are required and the reasons for these reforms. Students are also encouraged to analyse the internal dynamics of corporate structures in political terms and to explore the various types of corporate persons and the reasons why it might be preferable to institute different legal regimes for different types of corporate persons.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 50-minute lecture and 50-minute seminar weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 3-hour closed book exam in Nov.
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







Staff of the Law School
To return to Units Contents Page
To return to Handbooks Home Page

© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA666 Trade Practices Law

Inquires into the theoretical and practical aspects of governmental invervention of commerce. The particular emphasis is on the regulation of anti-competitive behaviour as determined by Part IV of the Trade Practices Act 1974 (Cwlth). The concerns fundamental for students, for the most part, touch upon the philosophical, economic and legal difficulties that arise during their investigations. As raw legal material, Part IV of the Act is examined in light of recent decisions arising in Australia, the United States and the European Union. The recommendations advanced by the Independent Committee of Inquiry ('the Hilmer Committee") in its National Competition Policy report are also analysed.

Special notes
teaching staff Mr M Deegan
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 3-hour open-book exam in June (100%)
required texts, etc
Conones SG, Restrictive Trade Practices Law.  
Trade Practices Act 1974  (Cwlth), annotated: CCH or Butterworths.
Report by the Independent Committee of Inquiry, National Competition Policy,  AGPS, Aug 1993.

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA667 Law and Finance

Covers the law relating to obtaining and securing commercial finance and the enforcement of securities. The unit looks at the characteristics of the various trading entities (with particular reference to trading trusts), contracts of guarantee, common forms of securities, including the mortgages of realty, chattel mortgages, debentures and liens, priorities and current topics.

Special notes not offered in 1996  
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern
prerequisites
corequisites
mutual exclusions
method of assessment
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA668 Personal and Corporate Solvency

Provides: an overview of the legal principles applicable to personal and corporate insolvency; an understanding of the process by which individuals can declare themselves bankrupt; an understanding of the means by which a creditor can force someone bankrupt; the options available to a company in financial difficulties and the advantages and disadvantages of each; the means by which the estate of an insolvent person can be enlarged; the manner in which an individual is discharged from bankruptcy. Besides the consideration given to the technical rules associated with these issues the unit looks at the operation of the present legal framework and theoretical justification for the present law and the public purposes it is intended to serve.

Special notes not offered in 1996  
teaching staff Mr L Griggs
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute seminars weekly
prerequisites recommended that Law of Groups be completed before undertaking this unit
corequisites
mutual exclusions
method of assessment 3-hour exam in Nov (100%)
required texts, etc
CCH Australian Bankruptcy Act 1966. The Corporations Law.  

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA671 Tax 2

Is for those seeking a specialist knowledge of the subject with a view to practising as a tax specialist. The unit includes an analysis of the taxation of partnerships, companies and trust estates and explores current issues in the capital gains tax, considers the tax aspects of superannuation and introduces international aspects of income taxation, tax avoidance, tax evasion and tax planning; and concludes with an examination of taxation policy and proposals for reform.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2
prerequisites BLA662
corequisites
mutual exclusions
method of assessment
required texts, etc
Australian Income Tax Assessment Act 1936,  CCH Australia or Butterworths edns.
Woellner RH, Vella TJ and Chippendale RS, Australian Taxation Law,  CCH, (latest edn), or
Lehamann and Coleman, Taxation Law in Australia,  Butterworths, (latest edn).

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA673 Financial Institutions Law

Examines the law and practice of domestic and international financial institutions. Topics include: regulatory framework of the financial industry in Australia; the securities industry; financial market instruments and other facilities such as cards and electronic funds transfers; financial institution-customer relationships; the law of negotiable instruments; cheques and payment orders; lending and security; and international financial institution arrangements such as letters of credit.

Special notes not offered in 1996  
teaching staff Assoc Prof S Blay
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment assignment in June (100%)
required texts, etc
Blay S and Clark E, Australian Law of Financial Institutions,  Harcourt & Brace Jovanovich, 1993.

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA681 Family 1- the Family and the Child

Seeks to convey an understanding of the family both as a legal and as a social institution and of the legal relationships arising out of the family (with the exception of financial relationships which are dealt with in BLA682). The concept of 'family' is examined in its wider social context, especially the changing nature of family patterns. Topics include: marriage, nullity, and the dissolution of marriage; the role and operation of the Family Court; methods of dispute resolution in family law; children's rights (particularly in relation to their parents); principles of child placement on the breakdown of the parents' relationship; adoption, artificial conception and domestic violence. Students are encouraged to consider the application of family law from a broad perspective including relevant policy issues; and are given an understanding of the changing nature of the law in this area, especially those areas of family law that have recently undergone reform, and those areas where reform may be desirable.

Special notes
teaching staff
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly, 50-minute seminar fortnightly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 2-hour closed book exam in June.
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA682 Family 2- Financial Aspects of Family Law

Seeks to convey an understanding of the financial aspects of family law. Topics include: maintenance, property division and financial agreements. The position of married couples within the jurisdiction of the Family Law Act 1975 (Cwlth) and de facto couples (presently falling within the State jurisdiction) are contrasted with a view to highlighting the differences in the present law regulating the financial aspects of these relationships. Students are encouraged to examine the underlying policy issues in this area, particularly with regard to the approach of the law to parties in unformalised relationships; and they are required to consider the application of the law in its wider socio-economic context, particularly in relation to the unequal economic consequences of family breakdown upon men and women. Emphasis is given to the changing nature of the law in this area, especially to the proposed reforms with respect to both married and unmarried couples.

Special notes
teaching staff Dr M Otlowski
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly, 50-minute seminar fortnightly (14 weeks)
prerequisites BLA681 is desirable.
corequisites
mutual exclusions
method of assessment 2-hour closed book exam in Nov.
required texts, etc
recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA683 Succession

Gives a general coverage of the law relating to succession to property on death. Topics include: the law relating to intestacy; the execution, revocation, alteration and republication of wills; the legal and equitable doctrines relating to testamentary gifts; the powers, duties and liabilities of executors and administrators; and family provision.

Special notes
teaching staff Mr K Mackie
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 2 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment 2-hour open-book exam in Nov (100%)
required texts, etc
Mackie K and Burton M, Outline of Succession,  Butterworths, 1994.

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA684 Conflicts

Is concerned with disputes involving a contact with a system of law other than that of the local court. The unit looks at legal problems associated with such disputes being decided in a Tasmanian court. The non-local element in such disputes may be intranational or international. The overall objective of the unit is to give students an appreciation of the methods of resolving all Conflicts disputes as well as of the influence of federalism and the Constitution on the resolution of these disputes. The issues addressed are: jurisdiction, choice of law and the recognition and enforcement of foreign judgments. The law is studied in selected contexts only (that is, Family Law, Contracts and Torts), but in such a way as to enable students to apply the techniques learned to the solution of Conflicts problems in other areas of the law.

Special notes
teaching staff Dr CEP Haynes, Mr K Mackie
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2x50-minute lectures weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment assignment (40%), 2-hour open-book exam (60%)
required texts, etc
Nygh PE, Conflict of Laws in Australia,  6th edn, Butterworths, 1995.
Cases and Materials on Conflict of Laws  (issued by the Law School)

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA688 Sentencing

Seeks: (a) an understanding of the growing statute and common law relating to the sentencing of offenders; and the range, nature and efficacy of sentencing options; and (b) to evaluate critically sentencing law, the role of the judiciary and criminal justice policy. The unit studies the law and practice in Tasmania governing the sentencing of offenders, including: the general sentencing principles enunciated by the courts, procedures at the sentencing stage of a criminal trial or hearing, mechanisms of appellate review, the sentencing options available to the courts and sentencing practice and policy in relation to the most common offences. Current developments in sentencing and sentencing reform are also studied.

Special notes not offered in 1996  
teaching staff Assoc Prof K Warner
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem - lecture and seminar weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment assignments (40%), open book exam in June (60%)
required texts, etc
Warner K, Sentencing Law in Tasmania,  Federation Press, 1991.

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.



BLA695 Law and Ethics of Health Care

Is a unit not 'in' but 'about' law. It examines the relationship of law and ethics to the delivery of health care. Studies cover: the major areas of law relevant to the delivery of health services; the consideration of the policy issues underlining delivery of health services; the consideration of the ethical issues involved in the delivery of health services; the consideration of the major areas of law relevant to the practice of medicine; case studies of some of the major issues in bio-ethics debates.

Special notes not offered in 1996  
teaching staff Dr M Otlowski, Mr J Blackwood and Prof D Chalmers
campus & mode Hbt, int
unit weight [10%]
teaching pattern sem 1 - 2-hour seminar weekly (14 weeks)
prerequisites
corequisites
mutual exclusions
method of assessment exam in June (70%), course work (30%)
required texts, etc
Kennedy and Grubb, Medical Law: Text and Materials,  Butterworths, London, 1989.

recommended reading
Course: Bachelor of Laws (L3B)







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© University of Tasmania, 1996.
Details shown above were correct at the time of publication. While every effort is made to keep this information up to date, the University reserves the right to discontinue or vary courses at any time without notice.

To continue with Management units BMA1-