1997 QUT Handbook

lems with a significant foreign element; jurisdiction of domestic
courts to determine matters having a foreign element;
enforcement of foreign judgments in the domestic jurisdiction;
choice of law for the resolution of the dispute, both generally
and in relation to family law, contract, tort, property
and succession.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Prerequisites: LWB131
Credit Points: 12 Contact Hours: 3 per week
■ LWB410 RESTRICTIVE TRADE PRACTICES
An overview of the anti-competitive practices which are proscribed
by Part IV of the Trade Practices Act 1974 (Cth). It
will also deal with the remedies available for contraventions
of Part IV and the possibility of obtaining authorisation and/
or where appropriate notification from the Australian Competition
and Consumer Commission. The access provisions
of Part III A will also be considered.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB412 RESEARCH & WRITING PROJECT
A supervised piece of research on a legal topic, and the writing
of a paper between 8000 and 10 000 words on that topic.
The paper may be placed in the Law Library. A student wishing
to undertake the Research and Writing Project should discuss
the matter as early as possible in the semester immediately
before that in which he or she proposes to undertake it,
preferably with the proposed supervisor of the student’s own
choosing. The written proposal must be approved by the proposed
supervisor and must reach the Director (Research in
Programs), Associate Professor Bryan Horrigan at least two
weeks before the beginning of the teaching semester in which
the project is undertaken so that the student can be notified of
the acceptance or refusal of the proposal not later than the
first day of that semester. Students are welcome to discuss the
proposed topics, proposed supervisors, and any other guidelines
concerning the project with the Director (Research in
Programs). This project offers an ideal opportunity for students
to prepare topics of academic or career-related interest,
and to produce an item of writing which might assist in Scholarship,
postgraduate and career-related applications.
Courses: IF31, IF33, IF34, IF35, F36, IF37, IF38, IF40, IF41,
LW31, LW33, LW41, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB431 CIVIL PROCEDURE
This core unit focuses on developing basic litigation skills.
The followng issues are examined: the structures and processes
of litigation conducted in the Supreme Court; jurisdiction,
limitation of actions, client care, originating process,
appearance, service, parties, joinder, pleadings, evidence, subpoena,
settlement, trial, appeal, costs and enforcement.
Courses: IF31, IF33, IF34, IF35, IF36, IF38, IF40, IF41,
LW31, LW33, LW41, LX31, LX32, LX33
Credit Points: 12 Contact Hours: 3 per week
Incompatible with: LWB404
■ LWB432 EVIDENCE
The law of Evidence concerns those rules and principles which
govern the presentation and proof of facts and information in
court proceedings, both civil and criminal. The rules and principles
that relate to the presentation of facts to a court of law.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LW41, LX31, LX32, LX33
Credit Points: 12 Contact Hours: 3 per week
Incompatible with: LWB402
■ LWB433 PROFESSIONAL RESPONSIBILITY
The ethical principles upon which the practice of all professions
is based; the principles which underpin the discipline of
law and the workings of the legal profession; the history, nature,
organisation and operation of the legal profession; including
codes of conduct, trust accounts and professional legal
ethics.
Courses: IF31, IF33,IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LW41, LX31, LX32, LX33
Credit Points: 12 Contact Hours: 3 per week
■ LWB434 ADVANCED RESEARCH & LEGAL
REASONING
Exploration of suitable theoretical frameworks for understanding
Australian legal reasoning generally, topical developments
in substantive areas of law by way of illustration of the theoretical
models; advanced skills of legal research and analysis.
Courses: IF31, IF33, IF34, IF36, IF37, IF38, IF39, IF40,
LW31, LW33, LW41, LX31, LX32, LX33
Prerequisite: LWB134
Credit Points: 12 Contact Hours: 3 per week
Incompatible with: LWB415
■ LWB451 ALTERNATIVE DISPUTE RESOLUTION
An introduction to theories of conflict and conflict resolution;
an examination and critique of the range of dispute resolution
processes available outside of the adversarial system;
an examination of the integration of alternative dispute resolution
processes into the judicial process and basic skills training
in communication, negotiation and mediation.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LW41, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB452 ASIAN LEGAL SYSTEMS
Basic knowledge of Asian legal systems; a general overview
of the region; specific countries, e.g. China, Japan and Malaysia;
practical areas of the law are studied and comparisons
drawn with Australian law.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF39, IF40,
IF41, LW31, LW33, LW41, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB454 BANKING & FINANCE LAW
An introduction to the Australian banking system, including:
terms of contracts between banker and customer; Clearance
System; rights of recovery and liabilities of paying and collecting
banks; current legal topics of interest in the banking
industry. An introduction to negotiable instruments; principle
of negotiability; liability of parties to a negotiable instrument
and the consequences of fraud.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF39, IF40,
IF41, LW31, LW33, LW41, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB456 LEGAL CLINIC (ORGANISED
PROGRAM)
Students are provided with the opportunity to see law in action
through being involved in the delivery of legal services
to members of the community under the umbrella of the Legal
Aid Office (Queensland). Students’ work in the Legal Aid
Office is supplemented with a weekly seminar program which
deals with such topics as legal interviewing, family and criminal
law practice, professionalism and legal writing.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Credit Points: 12 Contact Hours: 8 per week
■ LWB458 CONSUMER PROTECTION
The course will deal with the Trade Practices Act 1974, and
equivalent State Fair Trading legislation. It will be divided
into two broad parts, the first dealing with misleading and
other unfair practices, and the second with the product liability
provisions found in Part V and Part VA. Unconscienable
conduct is also considered.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB461 PRIVATE LAW REMEDIES
Students develop an overall perspective on and deeper understanding
of the subject of remedies. The unit is designed to
give students a knowledge of the principles underlying the
availability of various private law remedies, and to introduce
students to an understanding of the circumstances which may
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UNIT SYNOPSES