1997 QUT Handbook

ests; utmost good faith; brokers and agents; formation of contracts,
proposals, etc.; contract terms; claims; indemnity and
amount recoverable; subrogation; double insurance and contribution;
regulation of insurers; marine insurance; workers’
compensation; compulsory third party insurance; superannuation/re-insurance
contracts.
Courses: LW50, LW51
Credit Points: 24 Contact Hours: 2 per week
■ LWN070 CREDIT FOR UQ SUBJECT 4
See LWN032.
Courses: LW50, LW51 Credit Points: 12
■ LWN071 CREDIT FOR UQ SUBJECT 5
See LWN032.
Courses: LW50, LW51 Credit Points: 12
■ LWN072 CREDIT FOR UQ SUBJECT 6
See LWN034.
Courses: LW50, LW51 Credit Points: 24
■ LWN075 INTERNATIONAL COMMERCIAL
TRANSACTIONS
This unit on international trade law addresses the legal problems
that arise in the formation and operation of commercial
transactions of an international nature. Its scope is largely
confined to the sphere of private law. Topics covered include:
sources of, and modern developments in, international trade
law; harmonisation and unification of law; international contracts
(characteristics, negotiating and drafting, choice of law);
international sale of goods (trade terms, standard conditions,
uniform law); carriage of goods by sea; payment in a documentary
sale, and other financing mechanisms; marketing arrangements
(agency, distributorship, subsidiary, joint venture).
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
Incompatible with: LWN023
■ LWN076 INTERNATIONAL COMMERCIAL
DISPUTES
Legal issues regarding the resolution of commercial disputes
in international trade. Mainly concerned with disputes in respect
of international commercial relationships of a private
law nature. Dispute resolution mechanisms (such as litigation,
arbitration and alternative dispute resolution) are examined,
and their effectiveness evaluated, in the light of the legal
and practical realities in the international trade environment.
Students are introduced to a range of commercial practices,
national regulation, and international uniform rules, model
laws and conventions.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
Incompatible with: LWN023
■ LWN077 LITIGATION – EVIDENCE
This unit is focused on topics of current interest or difficulty
in evidence and advocacy in civil trials. Rules of admissibility
in Queensland and federal courts are considered, as well
as issues of trial and appellate advocacy. Participants will acquire
an appreciation of the dynamics of the adversarial process,
understanding of selected principles of admissibility and
knowledge of key forensic skills such as examination and
cross-examination of witnesses. This unit offers an opportunity
for students to deepen and broaden their legal education
in a way related directly to their professional needs.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
Incompatible with: LWN052 pre 1995
■ LWN078 ADVANCED CRIMINAL EVIDENCE &
PROCEDURE
This unit addresses selected topics in three core areas: (a) the
rules of evidence and procedure in Queensland criminal courts
as set out under the common law, the Evidence Act 1977 (Qld),
the Criminal Code and related legislation; (b) the rules of evidence
and procedure in criminal cases in the Federal Court as
set out in the Evidence Act 1995 (Cth); and (c) the rules of
evidence and procedure in the criminal courts of New South
748
Wales as set out in the Evidence Act 1994 (NSW). Topics in
all areas consider both empirical rules and contemporary issues
which present interest or difficulty. The unit also considers
issues related to extradition, arrest, the function of the coroner,
the committal process, bail and the role of the Queensland
Criminal Justice Commission.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN079 JOINT VENTURES
This unit examines certain major aspects of this subject including
the nature and structure of joint ventures, negotiating
and financing of joint ventures, foreign investment, taxation
implications of joint ventures, government joint ventures, trade
practices and intellectual property rights in joint ventures and
dispute resolution between joint venture partners.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN080 SELECT ISSUES IN THE LAW OF
OBLIGATIONS
This unit examines the phenomena which have led to the creation
and assumption of legal obligations; the historical, socioeconomic
and political considerations underpinning the traditional
categorisations; and the interrelationship, and at times
tension, between the traditional categorisations. In so doing
the unit highlights those areas of categorisation which have
received judicial reconsideration and those areas which may,
or may not, in the foreseeable future receive a similar consideration.
This unit explores the nature, creation, dealing and
extinguishment of obligations in private law. This unit is designed
to deepen the lawyer’s knowledge of private law obligations
and to broaden thinking about traditional legal categories.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN081 RESTITUTION II
This unit will continue the examination of the theoretical basis
of restitutionary claims and defences which were defined
in LWN017 Restitution I. Students will comprehensively examine
the substantive law relating to certain restitutionary
claims and defences as well as considering the scope and operation
of the law of restitution in contemporary Australia and
its relationship with torts, contract, equity and property. Topics
covered include: legal compulsion, necessity, illegality,
subrogation, tracing and restitutionary proprietary claims, restitution
for wrongs, defences, and conflict of laws.
Courses: LW50, LW51 Prerequisites: LWN017
Credit Points: 12 Contact Hours: 2 per week
Incompatible with: Students who have studied both LWN059
and LWN017 pre-1996 are precluded from undertaking this
unit
■ LWN082 INTELLECTUAL PROPERTY:
LITIGATION
Topics covered include: the role of intellectual property litigation
in protection of intellectual property rights; the overlap
between intellectual property rights and consumer protection;
jurisdiction of the courts under the Copyright Act, the
Patents Act, the Trade Marks Act, the Registered Designs Act,
the Circuit Layouts Act and the Plant Varieties Act, and the
general law; the role of international conventions and arrangements
in intellectual property litigation; parties to intellectual
property litigation; appeals from administrative officers under
the various Acts and from single judges; the particular
requirements of Order 58 of the Federal Court Rules as they
apply to intellectual property litigation; groundless threats;
pre-emptive remedies; interlocutory remedies and steps; limitation
periods; the use of the petty patent system and opposition
proceedings as a tactic in patent litigation; cross-claims;
trials; final relief; exclusive rights v. anti-competitive conduct.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN083 ESTATE PLANNING
This unit considers estate planning from three perspectives: