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Overview of the Examinable Curriculum for the Diploma in Law Program.
Relevant examinable case lists will be made available to enrolled students via CANVAS.
View the complete examinable curriculum for 01 Foundations of Law, including all prescribed topics, here.
Subject Description
This course will introduce students to the origins, history and present operation of the institutions which make up the Australian legal system. It will also introduce students to the sources of law, and to the Commonwealth and New South Wales Constitutions. The subjects considered include:
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 02 Criminal Law and Procedure, including all prescribed topics, here.
Subject Description
This course provides the student with an understanding of the general principles of criminal law, together with a detailed knowledge of the application of these principles in respect of major crimes. It also considers aspects of pre-trial criminal procedure, including police powers of arrest, search, seizure and interrogation.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 03 Torts, including all prescribed topics, here.
Subject Description
A tort is a civil wrong for which the law provides a remedy, usually in the form of an action for damage. The law of torts covers a wide range of interests, including bodily integrity, interests in land and personal property and economic interests more generally.
The aim of this subject is to develop an understanding of the function and scope of the tort law and its governing principles. The major areas covered in this subject are: trespass to the person; trespass to land and private nuisance; negligence; and vicarious liability, concurrent liability and proportionate liability.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 04 Contracts, including all prescribed topics, here.
Subject Description
A contract is a promise enforceable by law. The principles relevant to the identification and formation of contracts and the remedies available for their breaches apply to all types of contracts, whether they are for example a simple consumer sale of goods to large multi-party joint ventures.
The aim of the subject is to develop an understanding of the basic principles of contract law, primarily from a doctrinal perspective. The subject covers the elements of formation of contract, contractual capacity, privity of contract, identification of the terms of a contract, matters affecting consent to a contract, discharge of contract and remedies.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 05 Real Property, including all prescribed topics, here.
Subject Description
Real Property is concerned with the law relating to interests in land. Such interests are binding not only between those who have entered into a contractual relationship; they can also be binding between others. Examples include the mortgagor/mortgagee and landlord/tenant relationships and also the operation of easements and restrictive covenants between persons who own neighbouring blocks of land.
A major part of the course is devoted to priorities between competing interests in land. It is possible for a number of persons to have such competing interests. Common law rules and equitable principles are considered. The operation of statutes such as the Real Property Act is seen to be fundamental.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 06 Australian Constitutional Law, including all prescribed topics, here.
Subject Description
The aim of this course is to introduce students to the Commonwealth Constitution, its structure and its operation. The course examines fundamental aspects of Australian constitutional law, such as the legislative, executive and judicial power of the Commonwealth; the federal structure of the Australian polity and its constitutional basis; and the legal relationship between the Commonwealth, States and Territories.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 07 Equity, including all prescribed topics, here.
Subject Description
Equity, which includes the law of trusts, considers the historical origins and development of the equitable jurisdiction, equitable doctrines, and the nature and creation of trusts. Specific topics to be covered are: the history of equity; the nature of equity; the relationship between law and equity; the nature of equitable estates and interests; the law of assignment; confidential information, fiduciary obligations, the law of trusts; the remedies of declarations, specific performance, injunctions, freezing and search orders; account of profits, receivers and delivery up; and the equitable defences of illegality, unclean hands, hardship, laches, acquiescence, the application of statute of limitations legislation, equitable set-off, and waiver.
The emphasis in the course will be on developing an understanding of the principles of equity and their practical application. In this respect, cases will be discussed and studied, primarily as examples of the application of principle and as a means of understanding particular principles, rather than, as an end in themselves. Students are expected to identify and grasp the equitable issues arising in a given set of facts and, also, how a court exercising an equitable jurisdiction would deal with those issues in applying the principles discussed in the course to grant or refuse relief.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 08 Commercial Transactions, including all prescribed topics, here.
Subject Description
This subject introduces students to the fundamental laws that govern commercial transactions in Australia. The course requires students to develop a strong understanding of the law of personal property, including the characteristics of different types of personal property, how personal property is acquired and transferred, how the risk of loss of, or damage to personal property is allocated among those who have an interest in it, the obligations imposed on sellers and buyers and how those obligations vary as between domestic and commercial goods, the basic principles of insurance law, and how security interests are created and lost in personal property.
There is a strong practical component to this course and problem questions will require students to apply concepts learnt in this subject as well as previous subjects, including the law of contract, torts, and real property.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 09 Administrative Law, including all prescribed topics, here.
Subject Description
Administrative law is a branch of public law that is concerned with the legal control of decisions and actions of governmental agencies and officials, and those of non-governmental bodies which affect the public.
In Australia today, governmental and non-governmental regulation - at federal, state and local government levels - impinges on most areas of life. Notable examples include social security, education, immigration, broadcasting and television, public sector employment, industry and commerce, exploration and mining, ownership and use of property, occupational licensing, town planning and the environment.
The emphasis of the course is on the principles and procedures of administrative law relating to the review of such governmental and non-governmental administrative action.
At state and local government levels, these principles and procedures are to be found mainly in the common law of judicial review. This includes the grounds of judicial review – including denial of procedural fairness and error of law - and the judicial remedies - prohibition, certiorari, mandamus, injunction and declaration. Administrative review is by the Ombudsman and the Administrative Decisions Tribunal. Freedom of information legislation has also been enacted.
At federal level, a comprehensive system of review is provided by both statute. This involves judicial review by the Federal Court of Australia and administrative review by the Commonwealth Ombudsman and the Administrative Review Tribunal. Freedom of information legislation has also been enacted.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 10 Law of Associations, including all prescribed topics, here.
Subject Description
Law of Associations is a unit that describes some of the laws which regulate associations of individuals. People often choose to group together in a regimented structure in order to conduct their activities. The rationale behind the choice of the particular type of grouping will vary depending on temporal needs. Some of the reasons behind this choice include taxation advantages, the desire to limit liability, control, and the need to generate capital externally.
This course aims to introduce students to various types of associations which are the end result of the choice being made. In particular, an introduction will be given to associations formed for profit-making purposes as well as those formed not-for-profit. To this end, coverage is given to unincorporated and incorporated non-profit associations, partnerships and companies.
The course involves a critical analysis of decided cases and appropriate State and Federal legislation. It also includes extensive reference to current developments (including law reform proposals) in both corporate practice and academic journals. Knowledge of the problems associated with the current law is expected as is an appreciation of attempts to remedy shortcomings.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 11 Evidence, including all prescribed topics, here.
Subject Description
The course concerns an examination of the rules governing the presentation and use of evidence in hearings, both civil and criminal.
The jurisdictions of NSW and Commonwealth (and others) have each adopted the "Uniform Evidence Law", being an Act that is largely the same, but enacted independently in each jurisdiction. This course focuses on the Evidence Act 1995 (NSW), and the case law relating to it.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 12 Taxation and Revenue Law, including all prescribed topics, here.
Subject Description
This course provides an overview of the Income Tax Assessment Act and related legislation.
General principles concerning the assessability and deductibility of different types of receipts and items of expenditure are considered, along with more recent developments in relation to the tax treatment of fringe benefits and capital gains.
The differing tax consequences in respect of various legal entities, such as partnerships, trusts and companies, are also considered.
The last part of the course deals with the collection and recovery of tax, and the procedures to be followed by a taxpayer in disputing a tax assessment with the Commissioner of Taxation.
This course proceeds through a study of the legislation and decided cases, and the consideration of hypothetical factual situations that would commonly be encountered in practice.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 13 Succession, including all prescribed topics, here.
Subject Description
The law of Succession is concerned with the law of wills and the administration of deceased estates. The applicable principles vary depending upon whether the deceased dies with or without a will and, in either case, the distribution of the estate may be affected by a claim for family provision brought under Chapter 3 of the Succession Act.
Subject Objectives
At the end of this subject students-at-law should be able to:
View the complete examinable curriculum for 14 Conveyancing, including all prescribed topics, here.
Subject Description
The overriding objective of the Conveyancing course is to provide students with knowledge of conveyancing practice and procedure. Detailed analysis of the current edition of the joint copyright Contract for Sale and Purchase of Land is undertaken
The course undertakes a detailed but practical analysis of the current edition of the Contract for Sale and Purchase of Land and also refers to relevant case law to assist students in understanding how many of the provisions within the standard Contract for Sale of and Purchase of Land arose and evolved.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 15 Practice and Procedure, including all prescribed topics, here.
Subject Description
The subject of Practice and Procedure deals with the day-to-day practicalities of civil litigation in New South Wales.
There will be considerable emphasis on the more significant Practice Notes when looking at the step by step procedure, as outlined in the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules 2005.
The emphasis throughout the subject, is on conducting matters through the Supreme Court of New South Wales. However, since the introduction of the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules 2005, the procedures described (with some exceptions), will be uniform throughout the Supreme Court, District and Local Courts of New South Wales.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 16 Insolvency, including all prescribed topics, here.
Subject Description
The course deals with personal insolvency (bankruptcy) and corporate insolvency (covering both liquidation and non-liquidation arrangements). Insolvency law aims to recover funds for unsecured creditors, protect the insolvent during the course of administration and enquire into the circumstances of the insolvency.
The personal insolvency lectures include the following topics of solvency; acts of bankruptcy; bankruptcy notices; creditor’s petitions; the effects of bankruptcy; the doctrine of relation back; exempt transactions; transactions void against the trustee; termination of bankruptcy; and voluntary personal insolvency.
The corporate insolvency component of this course deals with both liquidation and non-liquidation arrangements that have been brought about in consequence of company insolvency.
In relation to liquidation arrangements, particular emphasis will be placed upon: the distinction between voluntary and compulsory winding up; the grounds upon which a company can be wound up; procedure to obtain a winding up order including the use of statutory demands; provisional liquidation; the effects of winding up; liquidator’s powers and duties and the administration of the winding up; assets available to the liquidator; voidable transactions; and insolvent trading actions.
In relation to corporate insolvency resulting in non-liquidation arrangements being entered into, emphasis will be placed on receivership, voluntary administration, and deeds of company arrangement.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 17 Legal Ethics, including all prescribed topics, here.
Subject Description
Legal Ethics has been designed to avoid a philosophical and purely academic approach to the recognition of the demands and standards imposed upon or expected of practitioners. Therefore, as well as stressing the fundamental duties and obligations, the apparent conflicts and their resolution, time is also spent in considering the disciplinary apparatus and functions.
The course has limited opportunity to consider hypothetical examples but these are considered important, so as to bring home the point that, in practice, grave problems often arise without warning.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 18 Conflict of Laws, including all prescribed topics, here.
Subject Description
Conflict of laws (private international law) is the part of Australian law concerned with questions of a private law nature (tort, contract, property and so on) which contain a foreign element. A legal question will contain a foreign element if a fact or party has a relevant connection with a foreign legal system (a foreign country in the conflict of laws sense). For example, conflict of laws issues may arise if proceedings are contemplated in New South Wales in respect of a tort committed in Singapore or against a defendant resident in Norway or to recover damages for breach of a contract governed by the law of California.
In seeking to develop an understanding of the transborder dimension of private law and an appreciation of the fact that questions which arise in legal practice are not necessarily confined within a single legal system, the subject includes detailed consideration of jurisdiction (including discretionary non-exercise of jurisdiction), choice of law in contract, choice of law in tort and choice of law in property (with particular emphasis on governmental seizure of property (expropriation)). The subject also includes detailed consideration of the distinction between substance and procedure, proof of foreign law and the exclusionary doctrines such as forum public policy which may indicate that, in particular circumstances, an Australian court should reject foreign law.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 19 Family Law, including all prescribed topics, here.
Subject Description
This course is designed to provide students with a general yet comprehensive introduction to family law in Australia. The course covers the historic and current development of family law and issues of jurisdiction, marriage and de facto relationships, principal relief (nullity, divorce, and declaration of validity), dispute resolution in family law, violence in family law, parental responsibilities, property settlements, spousal maintenance and child support, and injunctions.
In addition to the statutory and general law principles, emphasis is given to the practical and social policy issues in each of these areas, including the impact of family violence and the growing awareness of children's rights.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 20 Planning and Environmental Law, including all prescribed topics, here.
Subject Description
Planning and Environmental Law course encompasses one of the fastest growing areas of NSW law and practice and addresses the operation and effects of the various changes which are of vital importance to lawyers who specialise, or are developing specialisation, in the field of local government, environmental and planning law. It also covers alternate dispute resolution in those fields. The course examines the bodies of law which regulate the establishment, status, powers, operation and accountability of local and state government and the environmental and planning laws which regulate the use of land, the subdivision of land, the erection of buildings, the carrying out of works, and the demolition of buildings or works.
The law regulating planning and the environment is dynamic and at times quite contentious. It involves consideration of both NSW Government controls as well as the requirements of individual Councils.
Planning and environmental laws are important in determining: what development can happen in an area (from houses to mines) and who gets a say; how suburbs, towns and cities are planned (transport, shops, offices, parks, schools); how our communities manage growth and change, and balance needs and interests; and how developers and governments have to consider and protect the environment.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 21 Industrial Law, including all prescribed topics, here.
Subject Description
Industrial law, or the law of employment, is the body of law that regulates the relationship between employers and employees, employers and trade unions, and trade unions and employees.
The Industrial Law course is a general introduction to industrial law, seeking to introduce students to the minimum entitlements of employees and the system of collective bargaining which operates in Australia, and the common law contract of employment. The course will also introduce students to the law (both common law and statute) relating to industrial disputes and industrial action.
These course proceeds by an analysis of decisions of the relevant courts and tribunals, and statutory provisions. Students will also be expected to consult the academic literature referred to in the course outline.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 22 Intellectual Property, including all prescribed topics, here.
Subject Description
The law of intellectual property includes the areas of copyright, designs, patents, confidential information, passing off and trademarks.
This course provides a general introduction to intellectual property, outlining for each principal category of protection: how rights arise; the nature of the rights; ownership and exploitation of rights; and infringement and remedies.
Throughout the course, key policy issues are considered including: the rationale and role of intellectual property law; the rationale and role of intellectual property law; the overlap between areas of protection; the growing importance of Australia’s obligations under international treaties; and the interaction of intellectual property law with other areas such as trade practices law.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
Subject Objectives
View the complete examinable curriculum for 23 Public International Law, including all prescribed topics, here.
Subject Description
Public international law is the regime of legal rules primarily concerned with the regulation of relations between sovereign states. In seeking to develop an understanding of the theory and operation of rules of public international law, this subject addresses the sources of public international law, the relationship between public international law and municipal law, state jurisdiction, immunity from jurisdiction and the principles which govern state responsibility for internationally wrongful acts.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 24 Jurisprudence, including all prescribed topics, here.
Subject Description
This course in jurisprudence will apply the concepts and techniques of philosophical analysis to an examination of the nature of law, issues surrounding legal reasoning, and the relationship between law, morals and theories of justice.
The course will examine some of the most important theories of jurisprudence, and trace their historical development.
The course will consider the debate about the separation between law and morals, and arguments for and against natural law.
The course seeks not only to introduce students to modern legal philosophy, but to demonstrate how that study gives insights into the nature and function of law important to the practice of law.
Subject Objectives
At the completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 25 Competition and Consumer Law , including all prescribed topics, here.
Subject Description
This subject provides a comprehensive examination of the economic and legal principles of competition law and consumer law in Australia (also known as trade practices law).
It examines Part IV of the Competition and Consumer Act 2010 (Cth) (CCA) (formerly the Trade Practices Act 1974 (Cth)(TPA)) and Schedule 2 of the CCA (which is the Australian Consumer Law (ACL)), the decisions of the courts in interpreting the CCA and ACL. Current issues and recent cases on competition and consumer laws and policies in Australia are also examined.
The subject covers the economic functioning of markets; the relationship between the competition and consumer laws (including both statute law and common law) and economics; the evolution and objectives of Australian competition law and consumer law; and the administration and enforcement of competition law and consumer law, both nationally and internationally.
This subject includes two parts. Part I focuses on consumer law. It covers the policy objective of consumer law; general prohibitions in Schedule 2 of the CCA, such as misleading or deceptive conduct, unconscionable conduct, and unfair contract terms; as well as enforcement issues.
Part II focuses on competition law. It covers the evolution of competition law; the legislative feature of the Australian competition law; major anti-competitive conduct in Part IV of the CCA, such as monopolistic agreements, misuse of market power, mergers/acquisitions; and enforcement issues in Australia, remedies and other related matters.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 26 Advanced Statutory Interpretation, including all prescribed topics, here.
Subject Description
Advanced Statutory Interpretation focuses on the core skill of statutory interpretation and allows students to develop and build their understanding of how to interpret legislation and apply legal research skills in this context.
The subject includes computer-based classes in which students will:
The subject also will examine the common law and statutory principles of interpretation and the broader context of statutory interpretation, including the relationship between statutory interpretation and the protection of human rights.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
View the complete examinable curriculum for 27 Health Law, including all prescribed topics, here.
Subject Description
This subject introduces students to interrelationships between health care, ethics, and the law. In particular students will explore the moral bases of law and the means by which law influences healthcare norms, clinical practice, and health policy. Students are shown how to engage in bioethical approaches and relate those approaches to the interactions between law and healthcare. Students will then examine a number of areas of law that have particular significance for bioethics including the consent, tort law, competence, substitute decision-making, advance care planning, maternal-foetal conflicts, abortion, reproduction, end-of-life-decision-making, tissue regulation and infectious disease control.
Subject Objectives
At completion of this subject, a student-at-law should be able to:
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Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
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