1997 QUT Handbook

give rise to a claim for restitution. It also develops a knowledge
and understanding of the choice and range of private
law remedies and defences and the capacity to make sound
judgments in electing which remedies to pursue against a background
of heterogenous fact situations.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Prerequisites: LWB132, LWB133, LWB234
Credit Points: 8 Contact Hours: 2 per week
■ LWB482 COMPUTERS & THE LAW
The role of computers in legal practice; the body of law that
has arisen in relation to computers and computer applications.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB483 MEDICO-LEGAL ISSUES
The constitutional framework supporting the regulation of
health care; the relationship between the individual and the
health care provider in terms of consent to treatment and negligence;
the impact of the criminal law: abortion, removal from
life support systems; mental illness and fitness to plead; medical
records and evidence: ownership and confidentiality of
records, expert evidence; the role of the coroner; complaints
against hospitals and health care workers.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Prerequisites: LWB131, LWB133
Credit Points: 8 Contact Hours: 2 per week
■ LWB485 ENVIRONMENTAL LAW
An introduction to environmental law in Queensland; the
sources, nature and development of environmental law in
Queensland; the concepts of environmental law (e.g. property,
administrative control, law and policy, planning, management);
access to the environment; planning to prevent environment
degradation and pollution; protecting the environment;
managing the environment; conservation; ecologically
sustainable development; enforcement of environmental law;
the role of the Commonwealth.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB486 INTELLECTUAL PROPERTY LAW
The most significant of the legislative enactments creating or
protecting intellectual property in Australia, including those
governing copyright, designs, patents and trade marks; application
of the common law, particularly confidential information
and passing off.
Courses: IF31, IF33, IF34, IF35, IF36, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB487 MARITIME LAW
Carriage of goods by sea; charterparties; marine insurance;
general average; salvage; collisions; admiralty jurisdiction and
arrest of ships; oil pollution; registration, sale and mortgage
of ships; and limitation of ship operators’ liability.
Courses: IF31, IF33, IF34, IF35, IF36, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Credit Points: 8 Contact Hours: 2 per week
■ LWB492 SECURITIES
The unit examines security interests including securities given
by third parties over real and personal property. Those securities
examined include Torrens title mortgages, guarantees, bills
of sale over personal assets and motor vehicles, and possessory
liens. The consumer credit legislation and Trade Practices Act
1974 as they affect the validity and operation of securities
will also be considered.
Courses: IF31, IF33, IF34, IF35, IF36, IF38, IF40, IF41,
LW31, LW33, LX31, LX32, LX33
Prerequisites: LWB132, LWB233
Credit Points: 12 Contact Hours: 3 per week
744
■ LWB493 LAW & CUSTOMS OF PARLIAMENT &
CABINET
An advanced Constitutional law unit covering topics relating
to the law and conventions of Parliamentary government that
are not dealt with in compulsory units. Includes law of electoral
distributions; eligibility for election, and elections; Parliamentary
powers, privileges and procedures; the convetions of
Cabinet government; claims to confidentiality of Cabinet proceedings;
and law relating to audit of government expenditure.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LW41, LX31, LX32, LX33
Prerequisites: LWB231 and LWB235
Credit Points: 8 Contact Hours: 2 per week
■ LWB494 PRINCIPLES OF SENTENCING
This unit seeks to examine in detail the principles underlying
the sentencing of offenders, firstly by examining the theories
of punishment and how they are employed in practice (for
example, under the Penalties and Sentences Act 1992 (Qld));
and secondly, by looking at particular issues in sentencing,
for example, sentencing different classes of offenders.
Courses: IF31, IF33, IF34, IF35, IF36, IF37, IF38, IF40, IF41,
LW31, LW33, LW41, LX31, LX32, LX33
Prerequisites: LWB232 or JSB022 and JSB024
Credit Points: 8 Contact Hours: 2 per week
■ LWN003 ADVANCED FAMILY LAW
A detailed examination of the law, policy and underlying principles
of selected areas of Family Law including: jurisdiction;
financial aspects of marriage and divorce; children; marital
and non-marital relationships. Where appropriate, comparisons
with other countries are used and the impact of treaties
is considered.
Courses: LW50, LW51
Credit Points: 24 Contact Hours: 2 per week
■ LWN008 COMMERCIAL LEASES
The principles governing standard clauses of a modern Australian
commercial lease in the light of recent case law and
Queensland statutory provisions affecting such interests. Topics
include: negotiation of leases, subject matter of leases,
construction of leases, covenants for repair, user, assignment,
quiet possession, options to renew and purchase, insurance,
the phenomenon of default, remedies of lessor and lessee,
guarantees of leases and retail shop leases generally.
Courses: LW50, LW51
Credit Points: 24 Contact Hours: 2 per week
■ LWN017 RESTITUTION 1
The law of restitution is concerned with those cases where a
plaintiff obtains a money remedy and/or recovers property
from a defendant who has been unjustly enriched by the receipt
of money or other benefits at the expense of the plaintiff.
The theoretical basis and scope of restitutionary claims
and defences to them and their relationship with those claims
founded on the traditional common law obligations, torts and
contract and the law of property are considered.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN018 SELECT PROBLEMS OF TRUSTS
Aspects of the principles of equity in the context of express,
resulting and constructive trusts including the creation of
trusts, the nature of equitable proprietary interests, proprietary
remedies for the recovery of property in equity including
equitable charges and liens and various aspects of tracing
in equity, particularly in the context of bankruptcy and
insolvency. Some aspects of resulting trusts are considered
in relation to illegality and in relation to determining the
ownership of property. Various aspects of constructive trusts
are also considered, including the nature of the constructive
trust, the acquisition of property by a fiduciary, the acquisition
of property on death, the acquisition of land under an
oral agreement or trust, unconscionable conduct in the context
of undue influence, unconscientious dealing, estoppel
and in the context of determining the equitable ownership of
property.