Adelaide Law School teaching activities

Transcription

Adelaide Law School
Annual Teaching Report
2010
CRICOS PROVIDER 00123M
Contents
Welcome from the Dean
03
Associate Deans of Learning and Teaching
04
Academic Staff
05
Sessional Teachers
06
Associate Teacher Programme
07
A focus on an innovative law school course:
Clinical Legal Education Program
09
Internships at Adelaide Law School:
Internship – Native Title
11
Internship – Public Law
13
Internship – International and Human Rights
15
Teaching Prize – Laura Grenfell
17
Mooting at Adelaide Law School:
New Mooting Elective
18
Jessup Moot
19
Student Prizes
20
Scholarships
30
Student Exchanges
32
Adelaide Law School Teaching Activities
35
2010 Courses
38
Sponsors
49
Contact Information
50
Adelaide Law School Teaching Report 2010
Page 2 Welcome from the Dean
This is the first teaching report for the Adelaide Law School. This is surprising given that Law has been taught at the University of Adelaide for over 125 years. Yet a publication of this kind only serves to highlight the great advances that have been made in the discipline of Law and the great diversity in learning and teaching which takes place within the School. There are many marvellous teaching and learning initiatives to reflect upon in 2010. For instance the new elective ‘Moot Court’ was introduced. Adelaide Law School has had a history of competing in national and international mooting competitions. The ‘Jessup Moot’ continues that tradition with the success of our students in the Australian rounds of this worldwide international mooting competition. The new elective opens up greater opportunity for students and has already proved to be popular. The Clinical Legal Education Program continues to grow with 70 students placed in legal aid agencies around Adelaide. These experiences provide breadth to the learning of our students as well as offering their skills to the community. I am pleased to acknowledge our students continue to excel in their studies. Many seek new experiences and enrol in our successful internships in Australia such as the Native Title and Public Law programs. Internationally our students have been placed in a number of prestigious overseas organisations. Our graduates consistently take their place in the leading firms, the prestigious government agencies and win scholarships to the world’s top universities. Their achievements are acknowledged by various prizes and awards. The Adelaide Law School is fortunate to have the support of generous sponsors who contribute to make these prizes possible. I thank them for their support. I would also like to congratulate Dr Laura Grenfell who was awarded both the Faculty of the Professions Executive Dean’s Prize for Excellence in Teaching and the University of Adelaide Excellence in Teaching Awards. Lastly, I would express my gratitude to my colleagues who bring their world class research into the class room. The successful coordination of the teaching in learning programme owes much to the tireless work of our Associate Deans Alex Reilly and Anne Hewitt and the professional staff who assist them. I would also like to acknowledge Kerrin Maratos who has taken primary responsibility for the collating and editing of this Teaching Report. Professor John Williams Dean, Adelaide Law School 2011 Adelaide Law School Teaching Report 2010
Page 3 Associate Dean Learning and Teaching (UG) Semester 1, 2010:
Associate Professor Alexander (Alex) Reilly
Alex Reilly joined the Adelaide Law School in 2007. Prior to his
appointment at Adelaide he was a Lecturer in the School of Law at
Murdoch University, Perth from 1997 to 2000. In 2001 he joined
Macquarie University as a Senior Lecturer in the Division of Law until
2007.
Alex teaches and researches in various areas of public law, and has
a particular interest in migration law and policy and Indigenous legal
rights.
Teaching Interests
Research Interests
Foundations of Law
Administrative Law
Immigration and Refugee Law
Constitutional Law
Migration law and policy
Refugee law
Indigenous legal rights
Legal Theory
Public law
Associate Dean Learning and Teaching (UG) Semester 2, 2010:
Ms Anne Hewitt
Anne became the Associate Dean for Learning and Teaching in mid
2010. She has come to the role with experience gained in teaching
and coordinating in the final year suite of subjects offered as part of
the Adelaide Law degree, and from developing and teaching
undergraduate electives and post graduate subjects on equality and
anti-discrimination law. Anne developed her interest in teaching
while completing a Graduate Certificate in education, and is currently
completing further qualifications in education. She is a member of
the editorial board of the Legal Education Review, and the
coordinator of the Adelaide Law School's 'Teaching the Law' seminar
series. In 2009 Anne was a joint recipient of an Australian Learning
and Teaching Council Citation for Excellence in Teaching with
Cornelia Koch, Margaret Castles and Andrew Ligertwood. In 2010
that team of teachers was also nominated by The University of
Adelaide for an Australian Learning and Teaching Council Award for
Excellence in Teaching.
Teaching Interests
Procedure
Evidence and advocacy
Anti-discrimination law
Research Interests
Equality and antidiscrimination laws
Native title
Legal education
Page 4 ACADEMIC STAFF
The following members of the Adelaide Law School’s academic staff taught in courses in
2010:
DEAN / HEAD OF SCHOOL
SENIOR LECTURERS
Professor Rosemary Owens
Cornelia Koch
Paul Leadbeter
PROFESSORS
Bernadette Richards
Professor Andrew Stewart
Dr Alex Wawryk
Professor John Williams,
Faculty Associate Dean (Research)
David Wright
Associate Dean (International)
Professor Ngaire Naffine
LECTURERS
ASSOCIATE PROFESSORS
Gabrielle Appleby
Associate Professor David Brown,
Director of Post Graduate Programs
David Caruso
Associate Professor John Gava
Suzanne Le Mire
Associate Professor Jim Hambrook
Anna Olijnyk
Associate Professor Alex Reilly,
Associate Dean Learning and Teaching
(UG)(Semester 1)
Allan Perry
Matthew Stubbs
Associate Professor Christopher Symes
SENIOR LECTURERS
Dr Sonia Allan
Dr Paul Babie,
Associate Dean (Research)
Dr Judith Bannister
Margaret Castles
Dr Laura Grenfell
Anne Hewitt
Associate Dean Learning and Teaching
(UG) (Semester 2)
Dean of Adelaide Law School 2010:
Professor Rosemary Owens
Page 5 SESSIONAL TEACHERS
In addition to our full and part-time academic staff a number of sessional teachers taught
within the Adelaide Law School in 2010, many of whom are post graduate students or
members of the legal profession in Adelaide or elsewhere. The Adelaide Law School is
grateful for their continuing contribution to our teaching program.
Our sessional teachers in 2010 were:
Tom Besanko
Helen Luu
Kate Borrett
Beth Nosworthy
Kate Bradbury
Rachel Price
Peter Burdon
Evan Richards
Monique Cormier
Rowan Nicholson
Julia Dreosti
Harley Schumann
Michael Foundas
Matt Simpson
Christian Haebich
Kellie Toole
Andrew Hawking
Jen Travers
Kate Bradbury
Natalie Truong
Simon Kupec
Adam Webster
Debra Lane
Anna Wells
Kos Lesses
Vanessa White
Jemma Lister
Tanya Wundke
Melati Lum
Paula Zito
Page 6 Associate Teacher Programme
The Adelaide Law School is committed to ensuring that the educational experience of our
students is of the highest quality. While ongoing opportunities for professional development
are offered to our full-time academic staff, we are mindful of the fact that ordinarily these are
not available to sessional staff. Thus, although our sessional teachers have always been
well qualified academically to teach and frequently bring to the classroom experience in the
practice of law, they have not always had opportunities to reflect on the processes of
learning and teaching at University level. The Associate Teacher Programme was
introduced in 2010 to fill this gap. It is designed to be completed during the course of one
semester and to complement and build upon our sessional teacher’s teaching commitments.
Teachers who successfully complete the programme earn the title of ‘Associate Teacher,
Adelaide Law School’.
I ran the inaugural associate teacher programme in the Adelaide Law School in 2010, and
found it to be a satisfying and inspiring experience.
Each sessional teacher participating in the programme was assigned an academic mentor
who they met regularly during the semester and who observed their teaching on at least one
occasion. Both academic mentors and sessional teachers found this to be a very rewarding
relationship. Sessional teachers also completed a number of written assessments and
attended face - to - face training during the programme.
In 2010 the following 16 teachers completed the programme:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Jane Moularadellis
Kellie Toole
Kate Bradbury
Adam Webster
Christian Haebich
Vanessa White
Monique Cormier
Matt Simpson
Debra Lane
10. Peter Burdon
11. Harley Schumann
12. Simon Kupec
13. Kate Borrett
14. Adam Zaknic
15. Nicola Julius
16. Andrew Hawking
Congratulations to them all! Their commitment to the programme was exemplary, and we
look forward to their continued contribution to the Adelaide Law School in years to come.
Anne Hewitt
Associate Dean Teaching and Learning (UG) Semester 2 2010
Page 7 Sessional Teachers Programme Completion Presentation
Pascale Quester, Executive Dean for the Faculty of the Professions, presented the sessional
teachers with a certificate on 8 December 2010. Photos courtesy of Allayne Webster.
Kate Bradbury
Kate Borrett
Adam Zaknic
Kellie Toole
Christian Haebich
Adelaide Law School Teaching Report 2010 Vanessa White
Page 8 A FOCUS ON AN INNOVATIVE LAW SCHOOL COURSE:
Clinical Legal Education Program (CLE)
The CLE program is a final year elective subject. About 25 students each semester are placed
in a legal aid agency, a community legal centre, one of three Law School legal advice
services, or a private law firm. Students work in their placement for one day per week,
providing hands on legal advice to clients, supporting solicitors, and attending court and
tribunal hearings. Students also attend a practical training session, seminars, as well as
completing a professional journal and a community project. The length of the placement and
the opportunity to be immersed in legal work with a legal agency for a whole semester, gives
students the chance to refine their practical legal skills, develop self confidence, and start to
develop their own professional personality.
2010 was a busy year for CLE.
The Magistrates Court Legal Advice Service provided legal advice to 230 new clients during
the year, operating every Thursday at Adelaide Magistrates Court and every fortnight at
Holden Hill Magistrates Court.
The Adelaide Legal Outreach Service, operating every Friday at Westcare in Adelaide, with
fortnightly outreach to the Salvation Army in Hutt Street, also assisted 31 new clients and a
number of returning clients with ongoing cases.
70 students completed the CLE course in 2010, over three semesters (Summer, First and
Second). A number of these students have gone on to obtain employment or further work
experience in the community legal sector.
2010 also saw a number of new partnerships providing placements for students forged with
the Young Workers’ Legal Service, the Women’s Legal Service, and the Police Complaints
Authority.
Students involved in the CLE program participated in a range of Community Outreach
services. Students at Young Worker’s Legal Service developed and delivered an outreach
program to several schools in Adelaide, informing secondary school students about their
employment rights.
The CLE program maintains close partnerships with:
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Magistrates Court Adelaide
Magistrates Court Holden Hill
Westcare Homeless Services
Salvation Army
Adelaide Central Community Legal Centre
Westside Lawyers
Welfare Rights Centre
Women’s Legal Service
Young Workers’ Legal Service
Police Complaints Authority
Private law firms/ Barristers
Adelaide Law School Teaching Report 2010 Page 9 Students at ALOS collaborated with Legal Studies Students at University Secondary College
to produce a series of videos about youth legal issues for Law Week 2010. Photo below:
The Adelaide Law School, as operator of these two services, became a member of the South
Australian Legal Aid Fraternity, a body set up to enable legal aid providers to liaise and
support each other in South Australia.
A Funding Grant from the Law Foundation of SA was won to investigate the development of a
Legal Advice Service in the Criminal Jurisdiction of the Magistrates Court. This report was
completed and work is continuing in setting the foundation for this service.
The following photos are of ALOS (Adelaide Legal Outreach Service) students working with
University Secondary College students on a youth outreach video for Law Week 2010.
Adelaide Legal Outreach service is one of the legal advice services run by the Adelaide Law
School as part of the Clinical Legal Education Program.
Adelaide Law School Teaching Report 2010 Page 10 INTERNSHIPS AT ADELAIDE LAW SCHOOL:
1. Native Title Internship
The native title internship elective builds on student’s experience participating in a
competative and exciting Aurora Project internship. Those internships are with native title
representative bodies and other organisations which deal with native title in Australia, and
enable students to build on their understanding of the theory of native title law by gaining an
appreciation of its practical operation.
The elective runs parallel to the internship experience. The major assessment in the
internship is the completion of an agreed research in the broad field of native title under the
supervision of the course coordinator. The research task might involve research into a
specific aspect of native title law or procedure. Each research topic is individually negotiated
and is intended to build on the work the student completes during their internship.
Adelaide Law School Teaching Report 2010 Page 11 2010 Interns: Native Title Internship
Jonathan Davies completed an internship with an Adelaide barrister working on a number of
native title claims. I can say that my internship with Andrew Collett was highly valuable and
that I learned so much from the practical experience. I witnessed a major Supreme Court trial
and was privy to strategic discussions with two QC's running the trial, attended meetings with
clients and did legal administration work. Most importantly, I was able to pick the brains of
someone who has had a long and successful history of working as a legal advocate for
Aboriginal people in South Australia.
Nicola Caon spent her six week internship with the NSW Aboriginal Land Council (NSWALC)
in the Policy and Research Unit. My six weeks with the NSW Aboriginal Land Council
(NSWALC) in the Policy and Research Unit was one of the most interesting experiences of my
professional development. I learnt not only about the creation of law, but much about its
application in the policy/ political world. NSWALC was established in 1977 and was handed a
number of powers under the Aboriginal Land Rights Act 1983 (NSW) (ALRA). The ALRA,
amongst other things, provides a scheme whereby the Minister for Aboriginal Affairs can hand
back freehold Crown land to the Local Aboriginal Land Councils (LALCs). It took me a few
weeks to familiarise myself with the systems and functions of NSWALC in supporting the
LACLs. The summer was a great time to work in the Policy and Research Unit, as they were
in the middle of a campaign regarding proposed changes to NSW Aboriginal culture and
heritage legislation. As a policy intern, my involvement was broad– from researching and
gathering information about compliance with the current legislative scheme, to drafting briefs
for our director and conducting social science-style analysis of LALCs’ five year Community
Land and Development Plans. What was most interesting was learning about how a policy
unit operates; responses to government proposal had to be made promptly and relationships
with working partners maintained. It also shed light on the often complex interaction between
law and those whose rights it affects, and how the transition of rules from paper to operation is
sometimes fraught with difficulty.
James Apps completed an internship with a Native Title Barrister in Adelaide.
Adelaide Law School Teaching Report 2010 Page 12 2. Public Law Internship
The Public Law Internships enable students to build on their understanding of the theory of
public law by gaining an appreciation of its practical operation. The course aims to give depth
and context to students existing knowledge of public law. Student interns are involved in dayto-day activities of their internship office and gain a broad understanding of how such
accountability organisations operate and of the operation of public law generally.
In 2010 internship positions were available at the following public law institutions:
1) The State Ombudsman – Students were involved in the day-to-day activities of the
State Ombudsman’s Office.
2) The Administrative Appeals Tribunal (AAT) – Students were involved in the day-to-day
activities including research projects.
Students completing this elective course are are required to complete an agreed research
task (3500 words) under the supervision of the course coordinator. The research task
involves research into a specific aspect of the powers of their internship office, for example the
Ombudsman’s powers. The research task is negotiated with the student and the course
coordinator and builds upon the work the student completes within their internship office.
Students are also required to keep diary summaries during their internship that analyses (i)
how the internship is helping to develop their legal skills; (ii) the applicable law; and, (iii) the
effectiveness of the legal processes they are observing/ interacting with.
The 2010 Interns were:
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Reena Padman
Jasmin Stacey
Sanjay Schrapel
Nicola Pearce
A selection of some intern’s experiences appears below:
Sanjay Schrapel I elected to be put on a placement at the Adelaide registry of the
Administrative Appeals Tribunal (AAT). While at the AAT I was fortunate enough to become
involved in a wide range of experiences as a result of being involved from day one with the
running of the Tribunal. I was given research tasks from the Tribunal members and also the
registry officers, who requested I researched and wrote a number of papers to give them more
information about various aspects of the Tribunal that they would regularly be asked over the
phone. I was also given the opportunity to proof draft determinations and attend and
participate in think-tanks that the Tribunal registry ran during my time there. Needless to say,
my time at the Tribunal saw me gaining a wide range of insights into a legal body many know
little about.
The experiences I gained from my internship have proven invaluable in my post-University life.
I have been asked about it at every job interview I have taken since the internship and have
actively been able to put the skills I have gained to use in the position I currently hold in a
commercial law firm.
Adelaide Law School Teaching Report 2010 Page 13 Nicola Pearce I participated in an internship at the State Ombudsman's Office (the "Office") in
semester two of 2010. The Office was a wonderful place to gain some experience in
Administrative Law processes. I was directed by two solicitors, and much of my work focused
upon the steps within the Freedom of Information (FOI) process.
In particular, I enjoyed meeting with FOI applicants, and FOI officers who were trying to
determine whether their government department's documents should be released.
Overall, I am impressed with the personal and dedicated manner in which the Office
approaches the concerns of people requiring the Ombudsman's assistance. The welcoming,
friendly environment within the office was also a wonderful first experience of office life. As a
result, I strongly encourage others to apply for an internship position such as this one.
Adelaide Law School Teaching Report 2010 Page 14 3. International and Human Rights Internship
Finding a job in the field of international and human rights law is hard work. Many
organisations are only interested in you if you have some experience. And the best way of
getting some experience is by doing an internship. This innovative University of Adelaide Law
School elective allows students to complete 3 units of academic credit while they undertake
an internship, in Australia or overseas, in the human rights arena.
The course assists students to be placed in internships with human rights and international
law organisations located internationally and nationally for a period of approximately 10
weeks. The internships enable students to build on their understanding of the theory of
international law and human rights law by gaining an appreciation of its practical operation.
During their internship, the students are required to complete an agreed research task under
the supervision of a senior person at the chosen organisation and the course-coordinator.
Each research task is negotiated by the student and the organisation, with the approval of the
course co-ordinator. The students are also involved in the day-to-day activities of the
organisation and gain an understanding of how such organisations operate.
Prior to commencing the internships, students are given an orientation seminar. This seminar
prepares students by introducing them to structure of the international and human rights law
system, as well as the strategies and procedures generally employed by human rights and
international law organisations.
Upon completion of the internships, students hand up a portfolio of 3500-5000 words for
assessment. This includes the agreed research task, an exposition on research methodology
employed in the research task, as well as a briefing on the operation of the organisation.
Photo (left to right) Alex James-Martin, Josephine Battiste and Jade Cooper, who each
completed an International and Human Rights internship in 2010.
Adelaide Law School Teaching Report 2010 Page 15 2010 Interns: International and Human Rights Internship
Josephine Battiste - 3 month internship with the International Criminal Tribunal for the
Former Yugoslavia, The Hague. My experience as an intern at the International Criminal
Tribunal for the Former Yugoslavia in the Hague was undoubtedly the most challenging,
rewarding and enjoyable part of completing my law degree. While working in the Office of the
Prosecutor I was able to gain invaluable insights into the practical workings of international
criminal and humanitarian law and the challenges that accompany it. My internship has
undoubtedly influenced my further legal studies and has been an important first step along my
chosen career path.
Alex James-Martin - 3 month internship with the International Criminal Tribunal for the
Former Yugoslavia (ICTY), The Hague. The ICTY was a body established by the United
Nations Security Council to try people accused of serious crimes that occurred during the
dissolution of the Former Yugoslavia. The Security Council established the tribunal as a body
with jurisdiction to punish individuals for war crimes and crimes against humanity committed in
the former Yugoslavia from 1991 onward. The tribunal is composed of three sections, Office
of the Prosecutor (“OTP”), Chambers (which support the judges), and Registry. Both OTP
and Chambers take on law students and experienced graduates who are willing to volunteer
their time. The work of a chambers intern is extremely variable and interns can often be
entrusted with a great degree of responsibility. The role may encompass anything from
drafting legal research memoranda, to summarising witnesses’ evidence or drafting entire
sections of the judgment. Working in The Hague offered me a wonderful opportunity to meet,
work and socialise with interesting and exciting people as well as the opportunity to gain
firsthand insight into the rarefied job market of international human rights law. It was an
exciting opportunity to witness first-hand, and make a real contribution to, the rapidly
developing field of international humanitarian and human rights law. I was lucky enough to be
awarded a Dame Roma Mitchell Scholarship, which assisted my attendance. I am indebted to
Dr Laura Grenfell for all her assistance with my participation in the internship program.
Samuel Blackman –International Bureau of Children’s rights, Montreal, Canada. The Bureau
is an international non-government organisation created in 1994.
Adelaide Law School Teaching Report 2010 Page 16 Jade Cooper - 3 month internship with the Commonwealth Human Rights Initiative in Ghana.
My time spent working within the Commonwealth Human Rights Initiative (CHRI) Africa office
in Accra, Ghana was an incredibly rewarding, inspirational and eye-opening experience. My
work included providing legal aid to victims of human rights violations, setting up a project to
provide pre-trial legal advice to indigent arrested persons, and researching and writing an
HIV/AIDS information booklet to be distributed to all West African Junior and Senior High
Schools. The internship not only developed my legal research and writing skills, but also
broadened my perspective. I walked away with the knowledge that I had made a valuable
contribution to the work of the office and the lives of many West Africans, and with a
strengthened determination to use my legal knowledge and practical skills to continue to
improve the situations of those most in need.
Excellence of International and Human Rights Internship Course
recognised in teaching prizes:
In 2010 Adelaide Law School’s Dr Laura Grenfell won both the
Faculty of the Professions Executive Dean's Prize for
Excellence in Teaching and the University of Adelaide
Excellence in Teaching Award for her teaching in human rights
and international law. Laura’s teaching was praised for her
unique approach, which pairs 'the theory' (Human Rights Law)
with 'the practice' (Human Rights Internship Program) allowing
students to supplement their theoretical knowledge with the
practical experience of working with an organisation. This
provided insights for the students into the practical operation of
the field of law and fostered an appreciation of the importance
of establishing a network of experts when practising law.
Adelaide Law School Teaching Report 2010 Page 17 MOOTING AT ADELAIDE LAW SCHOOL:
1. New Mooting Elective
In 2010 the Adelaide Law School introduced a new course – ‘Moot Court’. The course was
designed to provide advanced advocacy training through intensive small group teaching. After
some introductory teaching the students were arranged in mooting teams that were entered in
the leading domestic mooting competitions: the Administrative Appeals Tribunal Mooting
Competition, Lexis Nexus Constitutional Law Mooting Competition, and National Family Law
Mooting Competition. Each team was individually coached by an academic supervisor. The
teams’ overall success in the competitions exceeded the performance indicator levels that had
been initially set for the course in its inaugural year.
Participating in the Family Law Mooting Competition was a team consisting of Sarah Colvin,
Anthony Siklich, Nivedita Unnikrishnan, and Lauren Wright. In its preliminary round moot,
before Family Court Judge Joe Kay, the Adelaide team defeated Flinders University,
achieving a score of 85 – 76 that placed the team equal 4th overall in the 16 team competition.
Anthony Siklich was individually noted by the presiding Judge as one of the competition’s
three outstanding orators.
An Adelaide team consisting of Gabrielle Golding, James Kumrey-Quinn, Helen Pissas,
Christopher Shute, and Chong Tsang had been organised to participate in the Sir Harry Gibbs
Constitutional Law Moot that was unexpectedly cancelled at the last moment. As an
alternative the team competed in the LexisNexus Constitutional Law Mooting competition
successfully advancing to the semi-finals. James Kumrey-Quinn was awarded the
competition’s prize as the outstanding oralist.
The Administrative Appeals Tribunal National Mooting Competition comprised twenty-eight
teams representing almost all Australian Law Schools. Adelaide’s team consisted of Patrick
McCabe, Sanjay Schrapel, and Audrey Sam. The competition was conducted on a knock-out
basis with Adelaide being successful in the preliminary rounds against Flinders University,
University of Sydney, Australian National University, and the University of Queensland and
qualifying to compete in the Grand Final in Sydney against the University of New South
Wales. In a high quality and extremely close final the Tribunal, constituted by the President,
the Honourable Justice Garry Downes, Senior Member Naida Isenberg, and Senior Member
Stephen Frost judged the University of New South Wales the winner of the competition.
The Adelaide Law School’s outstanding success in these elite mooting competitions enabled
us to showcase some of our high performing students on a national stage and strengthen our
academic reputation as one of Australia’s foremost law schools.
Left to right: Patrick McCabe (University of
Adelaide), Sanjay Schrapel (University of
Adelaide), Audrey Sam (University of
Adelaide), Senior Member Stephen Frost,
Senior Member Naida Isenberg, the
President, the Honourable Justice Garry
Downes, Matt Cobb-Clark (University of
New South Wales), Jason Qian (University
of New South Wales), Smriti Arora
(University of New South Wales)
Adelaide Law School Teaching Report 2010 Page 18 2. Jessup Moot
During 2010, students from the Adelaide Law School competed in Canberra in the Australian
National Rounds of the Philip C Jessup International Law Moot Court Competition. Named in
honour of a former judge of the International Court of Justice, the Jessup Moot competition
has been running for over 50 years, and sees more than 500 teams of law students from 80
countries compete each year.
Students involved in the Moot are immersed into the world of international law, preparing
written submissions and oral arguments for appearances in a fictitious case coming before the
International Court of Justice (sometimes referred to as the World Court). This year’s problem
involved a dispute between two fictional countries, Aspatria and Rydal, but the issues could
have been ripped from the headlines of major international disputes – competing claims to the
ownership of islands between former colonial powers and their former colonies; questions of
self-government for the inhabitants of the islands; disputed allocation of revenue from a
lucrative proposed oil field; and the application of a treaty designed to create a level playing
field for trade between the countries.
Five Adelaide Law School students spent their summer in Adelaide researching the law,
preparing their detailed written materials, and practising for their appearances in front of three
international law experts, each student presenting for around 25 minutes and exploring every
facet of the case with lots of questions from the judges to answer. The team submitted written
arguments in early January, then presented oral arguments in five mock court hearings over
three days in early February.
The Adelaide Law School team, the only team from South Australia, consisted of James Apps,
Georgia Goldsworthy, Lisa Irawan, Roanna McClelland and Dayna Ziukelis, and were
coached by Adelaide Law School lecturer Matthew Stubbs. The students advanced to the
Quarter Finals of this hard-fought competition, performing with distinction and beating some of
the best law students from around Australia.
The Adelaide Law School Jessop
Moot Team. Photo taken at Australian
National University. Left to right: Lisa
Irawan, James Apps, Roanna
McClelland, Georgia Goldsworthy,
Dayna Ziukelis
Adelaide Law School Teaching Report 2010 Page 19 Student Prizes
On 18th March 2011 the Law School hosted one of the most significant events in our teaching
year – the Adelaide Law School’s Annual Prize Giving Ceremony. The evening was a
wonderful opportunity to honour the academic achievements of our students in 2010.
I am pleased to report that the 2011 ceremony was an outstanding success. The Adelaide
Law School’s new Dean, Professor John Williams, completed his role as master of
ceremonies for the evening in exemplary style, and the prizes were presented by Mr Greg
Parker, the Crown Solicitor. Interestingly, Mr Parker, himself a graduate of Adelaide Law
School, noted that the sense of occasion at this ceremony was greater than that which he
remembered was associated with his own academic prizes which included winning prizes for
first place in the ordinary and honours degree courses! I am sure that the audience,
consisting of students, their proud relatives and friends, Law School academics, honoured
guests and sponsors, who enjoyed the wonderful music by Anna Cooper and Nicole Pearce
from the Elder Conservatorium in the introduction to the ceremony, could only have agreed.
During the evening a number of categories of prizes were awarded for postgraduate and
undergraduate study, for excellent work in individual courses and for excellence in particular
disciplines and across degree programs. Everyone involved in the evening was delighted to
celebrate the achievements of the prize winners (a complete list of whom appears on the
following page) and I would like to extend my warmest congratulations to them all.
Finally I would especially like to thank the legal profession, industry, community groups and
individuals who support the Adelaide Law School as sponsors. Without their support, our
awards ceremony would not be possible. A list of our sponsors can be found on the final page
of this report.
Once again, congratulations to all our prize winners! Your success is well deserved.
Anne Hewitt
Associate Dean Teaching and Learning (UG)
.
Opening address by Professor
John Williams, Dean of Law
School. Photos courtesy of Mark
Zed Photography Pty Ltd.
Adelaide Law School Teaching Report 2010 Page 20 2010 Prize Winners
Name
Prize
David Abfalter
Dean's Certificate - Conflict of Laws (shared)
The Thomas Gepp Prize (shared)
Sarah Ahern
The Frederick Penoyre Adams Prize
Taryn Alderdice
Dean's Certificate - Advanced Contract Law (PG)
Jaime Ali
Dean's Certificate - Corporations in the Global Age (PG)
Annalise Andrews
LexisNexis Prize for Academic Excellence
James Apps
Dean's Certificate - Native Title Internship Programme
Dean's Certificate - Public International Law (shared)
Law Students' Society Prize: Mallesons Stephen Jacques
International Humanitarian Law Moot
The John Perry Prize for Public International Law (shared)
Yasmin Ayoub
Dean's Certificate - Principles of Australian Law (PG)
Josephine Battiste
Dean's Certificate - Human Rights Internship
Samuel Blackman
Law Students' Society Prize: Allens Arthur Robinson Witness
Examination
Jasmine Blight
Dean's Certificate - Criminal Law & Procedure
The Edmund Barton Chambers Prize for Criminal Law and
Procedure
Prudence Buckland
Thomson Lawbook Company Prize for Academic Excellence
Kate Bulling
Law Students' Society Prize: Freehills Client Prize for
Interviewing
Sam Capurso
Dean's Certificate - Property Law (shared)
Illa Gervasi Prize in Property Law (shared)
Patricia Carlisle
Dean's Certificate - Alternative Dispute Resolution
Lauren Clark
John Clover
The Hanson Chambers Prize for Introduction to Advocacy
Adelaide Law School Teaching Report 2010 Page 21 Helen Cooper
Dean's Certificate - Clinical Legal Education (shared)
Timothy Cross
Dean's Certificate - Corporate Law
Dean's Certificate - Equity (shared)
The John Keeler & the John Bray Law Chapter Alumni Prize for
Equity (shared)
The Piper Alderman Prize for Excellence in Equity and
Corporate Law
The Roy Frisby Smith Prize
Grant Crowe
Dean's Certificate - Human Rights International Perspectives
(PG)
Katherine Dini
The Stow Prizes (shared)
Natasha Dixon
Simon Doyle
Dean's Certificate - Insolvency Law (shared)
Kate Edwards
Dean's Certificate - Conflict of Laws (shared)
The Thomas Gepp Prize (shared)
Darren Evans
Heath Evans
Dean's Certificate - Sport Law (PG)
Rhys Evans
Dean's Certificate - Law of Torts
The John Keeler & the John Bray Law Chapter Alumni Prize
for Torts
Craig Flavel
Dean's Certificate – International Environmental Law (PG)
Sonya Furey
Dean's Certificate - Commercial Law & the
Market (shared)
The Cowell Clarke Prize for Commercial Law
and the Market (shared)
John Gava
The Bonython Prize (shared)
Alexander Gent
Dean's Certificate - Foundations of Law
Georgia Goldsworthy
Dean's Certificate - Jessup Moot
Law Students' Society Prize: Mallesons Stephen Jacques
International Humanitarian Law Moot
Adelaide Law School Teaching Report 2010 Page 22 Ellen Gordon
Lisa Grantham
Dean's Certificate - Insurance Law (PG)
Karen Gross
Dean's Certificate - Contractual Relations (PG) (shared)
Dean's Certificate - Principles of Australian Law (PG)
Peter Hagias
Matthew Harnett
Thomson Lawbook Company Prize for
Academic Excellence
Daniel Harris
Caitlin Hartvigsen-Power
Law Students' Society Prize: Freehills Client
Prize for Interviewing
Stacey Henderson
Dean's Certificate - International Humanitarian
Law (PG) (shared)
Dean's Certificate - Selected Issues in
Intellectual Property (PG) (shared)
Emily Hirst-Johnson
Dean's Certificate - Contracts
The Lipman Karas Prize for Excellence in
Contracts
Academic Excellence
Charmaine Hockley
Johnson Winter & Slattery Prize in Corporate
Law
Thi Huynh
Dean's Certificate - Comparative Corporate
Rescue Law (PG)
Nina Ivanov
David Jordon
Dean's Certificate - Corporate Disclosure Obligations
(shared)
Law Students' Society Prize: Kelly & Co Prize
for Open Moot
The Law Society of South Australia Centenary
Prize
Samuel Joyce
Dean's Certificate - Commercial Law & the
Market (shared)
The Cowell Clarke Prize for Commercial Law
and the Market (shared)
Adelaide Law School Teaching Report 2010 Page 23 Djihadul Karimy
Dean's Certificate - International Financial Regulation (PG)
Dean's Certificate - International Trade Transactions and
Law (PG)
Peter Kassapidis
Dean's Certificate - Comparative Law (PG)
Dean's Certificate - Selected Issues in
Intellectual Property (PG) (shared)
Paul Keady
Dean's Certificate - International Trade Law
(PG) (shared)
Rory Kennett-Lister
Dean's Certificate - Dispute Resolution and
Ethics
The Lipman Karas Prize for Civil & Criminal Procedure
Bridget Liedig
Dean's Certificate - Commercial Equity
Nicholas Lum
Dean's Certificate - Intellectual Property Law
for Open Moot
The Kelly & Co. Prize for Excellence in
Intellectual Property Law
Patrick McCabe
The Justin Skipper Prize
Academic Excellence
Fiona McDonald
Dean's Certificate - Comparative Law
The Horst Lucke Prize for Comparative Law
Jamie McDowall
William Middleton
Dean's Certificate - Company Merger &
Acquisition
The Kelly & Co. Prize for Excellence in
Company Merger & Acquisition
Lisa Muffatti
Dean's Certificate - Property Law (shared)
Illa Gervasi Prize in Property Law (shared)
Benjamin Mylius
Dean's Certificate - Property Theory
Adelaide Law School Teaching Report 2010 Page 24 Michael Norris
Law Students' Society Prize: Clayton Utz Negotiation Skills
Competition
Law Students' Society Prize: The John Bray
Law Chapter of the Alumni First Year Contract Moot
(sponsored by Kelly & Co)
Claudia Oakeshott
The Hon. Justice Margaret Nyland Prize for the most
meritorious student in the Master of Laws
Anna Olijnyk
The Baker Scholarship in Law
Alexandra O'Sullivan
Dean's Certificate - Administrative Laws
The Angas Parsons Prize (shared)
The Howard Zelling Prize for Administrative
Law
The John Bray Law Chapter of the Alumni Prize
The Stow Prizes
Amela Paleka
Dean's Certificate - Remedies (shared)
Nicola Pearce
Dean's Certificate - Public Law Internship Programme
(shared)
Trang Phan
Dean's Certificate - Evidence and Proof in
Theory and Practice
The South Australian Bar Association
Incorporated Prize for Evidence
Jordan Phoustanis
Academic Excellence
Aaron Read
Dean's Certificate - International Humanitarian
Law (PG) (shared)
Eveline Rygorowicz
Dean's Certificate - Family Law
The Lynch Meyer Prize for Family Law
Calinda Sacilotto
Dean's Certificate - Law Research Dissertation (shared)
Audrey Sam
Dean's Certificate - Human Rights: International and
National Perspectives
Dean's Certificate - Public International Law (shared)
The John Perry Prize for Public International
Law (shared)
Elena Sarantaugas
Adelaide Law School Teaching Report 2010 Page 25 Sanjay Schrapel
Dean's Certificate - Moot Court
Dean's Certificate - Public Law Internship Programme
(shared)
for Open Moot
Samantha Sisomphou
Paramasinta Sitaresmi
Dean's Certificate - Contractual Relations
(PG) (shared)
Dean's Certificate - International Trade Law
(PG) (shared)
The Hon. Justice David Bleby Prize for the most meritoriou
student in the Master of Business Law
Gemma Skaczkowski
Dean's Certificate - Law of Torts 2
The R.W. Bennett Prizes
Academic Excellence
Molly Snaith
Academic Excellence
Christopher Stabolidis
Camilee Steele
Nathan Stolz
Dean's Certificate - Environmental Law (shared)
Dean's Certificate - Equity (shared)
National Environmental Law Association (S.A.)
Prize for Environmental Planning and
Protection Law (shared)
The John Keeler & the John Bray Law Chapter Alumni Priz
for Equity (shared)
Clare Sullivan
The Bonython Prize (shared)
Renata Swierkot
Dean's Certificate - International Energy Law (PG)
Andrew Tarnowskyj
Dean's Certificate - Criminology
Dean's Certificate - Environmental Law (shared)
National Environmental Law Association (S.A.)
Prize for Environmental Planning and Protection Law
(shared)
David Tennant
The M.F. and P.J. Manetta Prize
Adelaide Law School Teaching Report 2010 Page 26 Michael Tsiavlis
Law Students' Society Prize: Clayton Utz Negotiation Skills
Competition
Peter Varacalli
Dean's Certificate - Corporate Disclosure Obligations
(shared)
Jason Vernik
Dean's Certificate - Australian Constitutional
Law
The Howard Zelling Prize for Constitutional Law
Alexander Vial
Dean's Certificate - Adelaide Law Review A / B
Ruxandra Voinov
Dean's Certificate - Principles of Public Law
The R.W. Bennett Prizes
Academic Excellence
Monique Webber
The Piper Alderman Prize for Excellence in Contracts and
Property Law
The Stow Prizes
Penelope Wells
The Perry Prize for the Master of Comparative
Law
Rachael White
Dean's Certificate - Australian Legal History
The Angas Parsons Prize (shared)
Lauren Whyte
Dean's Certificate - Law Research Dissertation (shared)
Tian Yao
Dean's Certificate - Contractual Relations (PG)
Adelaide Law School Teaching Report 2010 Page 27 Prize ceremony photos
Photos courtesy of Mark Zed Photography Pty Ltd.
Bonython Prize:
Mr Greg Parker presented John Gava and Clare Sullivan with the 2010 Bonython Prize.
The Baker Scholarship in Law
This prize was won by Anna Olijnyk
Stow Prize winners
The Stow Prize is awarded to students who have shown exceptional merit in not less than two
courses. Mr Greg Parker with, left to right, Alexandra O’Sullivan and the shared Stow Prize:
Katherine Dini, Natasha Dixon, Peter Hagias, Fiona McDonald.
Adelaide Law School Teaching Report 2010 Page 28 The RW Bennett Prize
Two annual prizes are awarded for the best performance in a single course.
The 2010 RW Bennett Prize winners were Gemma Skaczkowski and Ruxandra Voinov, pictured
below.
The MF and PJ Manetta Prize
The 2010 winner of the MF and PJ Manetta was David Tennant
The Angus Parsons Prize and Dean’s Certificate for Australian Legal History
The 2010 winner was Rachael White
Adelaide Law School Teaching Report 2010 Page 29 Scholarships
A number of Adelaide Law School students received scholarships for undergraduate or post
graduate legal study in 2010. The Adelaide Law School congratulates each of them on their
success and wishes them all the best in their future endeavours.
Fulbright Postgraduate Alumni (WG Walker) Scholarship
In 2010 Matthew Lee, who has Honours Bachelor Degrees in Arts (Politics) and Law (both
awarded with First Class Honours) from the University of Adelaide, was one of two winners of
the prestigious Fulbright Postgraduate Alumni (WG Walker) Scholarship. Mr Lee, a solicitor
with the South Australian Crown Solicitor's Office and a tutor at the University of Adelaide's
Law School, intends to study at Harvard Law School focusing on American approaches to
water regulation, water dispute resolution and natural resources management. At Harvard, Mr
Lee also intends to participate in interdisciplinary research on water regulation and
management with the Harvard Water Security Initiative.
Photo: Matthew Lee
Rotary World Peace Fellow
In 2010 Adelaide Law School graduate Juliet Kenny was selected as a Rotary World Peace
Fellow. She will commence a Masters in International Relations focusing on international law
particularly in international dispute resolution in February 2012 at the Universidad Del
Salvador in Buenos Aires, Argentina. The program is fully funded for two years and includes a
funded international internship of her choosing.
Photo: Juliet Kenny
Adelaide Law School Teaching Report 2010 Page 30 The Dame Roma Mitchell Scholarship
The Dame Roma Mitchell scholarship is in the memory of one of Australia's leading advocates
of human rights. It has been set up to assist students who are undertaking the Human Rights
Internship Programme at Adelaide University Law School.
The Dame Roma Mitchell Scholarship was jointly won by:
James Apps and James Krumrey-Quinn.
The Law Foundation Scholarships
The Law Foundation of South Australia has generously donated two scholarships to assist
students undertaking human rights internships in 2010/2011.
Law Foundation scholarships were won by:
Emma Riggs and Bethany Hender
William Donnithorne Awards
This scholarship assists one medical student and one law student to continue their studies at
the University of Adelaide. In 2010 the scholarship was awarded to:
Karl Marschall
D.A. Robertson Scholarship
This scholarship was established by a bequest from the Estate of Viney Robertson in memory
of her late father, Donald Alexander Robertson, who studied law at The University of Adelaide
and graduated in 1934, as well as a gift from Rhona Margaret Seiler, the grand-daughter of
Donald Alexander Robertson. In 2010 this Scholarship was awarded to:
Natasha Hayes
The J.J. Bray Law Exchange Scholarship
The scholarship is made available due to the generosity of members of the South Australian
Legal Fraternity and the proceeds of the Portrait of John Bray and Dame Roma Glimpses of a
Glorious Life Volumes. In 2010 this Scholarship was awarded to:
Maggie Chan
Adelaide Law School Teaching Report 2010 Page 31 Student Exchanges
In 2010, 23 Adelaide Law School students had the opportunity to complete some of their Law
degree overseas on exchange at another institution. On average students completed an
average of 9 units of study while abroad. Law students had the opportunity to study at:
Aarhus School of Business, Denmark
1 student attended.
Aarhus School of Business was founded in 1939 and is one of the largest business schools in
Europe. Aarhus School of Business has approximately 8000 students.
Bocconi University, Italy
2 students attended.
The Università Commerciale Luigi Bocconi is a private university located in central Milan,
beside Parco Ravizza. The University was founded in 1902.
Osaka University, Japan
1 student attended.
Osaka University was founded in 1931 as the sixth imperial university. It has academic roots
that reach as far back as 1724. Toyonaka Campus contains the School of Law.
Tübingen University, Germany
1 student attended.
Known in Germany as Eberhard Karls Universität Tübingen is a public university located in the
city of Tübingen, Baden-Württemberg, Germany. It is one of Germany's oldest universities
established in 1477. It has a student population of approximately 25,000.
Alison Collins studied at Tubingen University in 2010 (photos below)
Université Pierre Mendés (Grenoble 2), France
1 student attended.
The University was created in 1339. Today approximately 19,000 students attend the
University located near Grenoble in the south eastern part of France.
University of Copenhagen, Denmark
1 student attended.
Approximately 37,000 students attend this prestigious University. The University is the largest
centre of research and education in Denmark. The University of Copenhagen was established
in 1479.
Adelaide Law School Teaching Report 2010 Page 32 University of Exeter, U.K
1 student attended.
The University was founded in 1955 and currently has approximately 15,000 students, 4,000
of which are postgraduates.
University of Granada, Spain
Established in 1531, approximately 80,000 students attend this university.
University of Leeds, U.K
Founded in 1904, the University of Leeds is home to approximately 33,000 students.
University of Mannheim, Germany
The University is mainly located inside Mannheim’s Palace which is also the largest baroque
palace in Germany.
Photo courtesy Paula Ritchie
University of Oregon, U.S.A
1 student attended.
The University of Oregon was founded in 1876, approximately 19,500 undergraduate students
attend.
University of Oslo, Norway
1 student attended.
Founded in 1811, approximately 28,000 students attend this university.
Adelaide Law School Teaching Report 2010 Page 33 Uppsala University, Sweden
Established in 1477, the University is situated in the township of Uppsala and many of the
town’s cultural heritage buildings are part of the University.
Lily Black studied at Uppsala University (photos below)
Utrecht University, Netherlands
Founded in 1636 the Utrecht University has approximately 30,000 students
Nicholas Ruygrok attended Utrecht University (photos below)
Adelaide Law School Teaching Report 2010 Page 34 Adelaide Law School teaching activities
1)
Teaching the Law - Seminar Series
In 2009 the University of Adelaide Law School introduced a 'Teaching in Law' Seminar
Series. The inaugural series was a resounding success. Six seminars were held on a wide
range of topics, and involving participants from the University of Adelaide Law School as well
as legal academics from other South Australian and national institutions.
In 2010 we built on the successes of 2009. The ongoing seminar series showcased excellent
teaching initiatives and provided an opportunity for workshops and roundtable discussion of
teaching related issues. It offered our teachers an opportunity to discuss pragmatic and
theoretical solutions to teaching problems in a collegiate environment.
Details of the 2010 seminars appear below.
16 April 2010
Mentoring, peer review and teaching the law in 2010
This seminar provided an opportunity for academics to discuss some of the
exciting new teaching related initiatives in the University and in the Law School
operating in 2010. This included the Adelaide Law School's mentoring programme
for our sessional staff and a peer review of teaching programme.
The seminar was also used to develop a plan for the 2010 teaching seminars as
engaging in a process of on-going curriculum review. It was decided that the
coordinators of core courses would make brief presentations about their courses,
in order to develop among the school’s academics a sense of the law degree as a
whole and help us identify the synergies and overlaps between courses. It was
hoped this information would assist in future revisions of courses.
It was agreed that course coordinators would make brief presentations about their
courses, including the teaching methodology, coverage of legal material and
assessment, including:
•
•
•
•
•
•
•
•
the goals, philosophy and approach of their courses;
the substantive material covered;
the teaching methodology employed;
the assessment structure;
particular skills which are taught and assessed;
how they coordinate with other courses in the degree;
any comparative or International elements; and
particular problems which have been encountered in the course
and how they have been dealt with
Adelaide Law School Teaching Report 2010 Page 35 14 May 2010
The first year curriculum
Speakers: Alex Reilly and Suzanne Le Mire (Foundations), Laura Grenfell and
Matt Stubbs (Principles), Bernadette Richards and Sonia Allan (Torts) and Andrew
Stewart (Contract)
As teachers we become very familiar with our particular courses, but often have
limited familiarly with, or sense of ownership of, the law degree as a whole. In an
effort to remedy this, and to facilitate progressive learning by students, integration
of courses and collaboration between teachers, a series of seminars would be
held which would share information about the content, philosophy and teaching
approach of our core curriculum.
In this seminar we heard about 4 courses taught to our first year students.
11 June 2010
e-Enhanced Learning Project
Speakers: Geoffrey Crisp, Director CLPD and Matthew Stubbs, Law School
A major ongoing University initiative between 2009 and 2011 is the e-Enhanced
Learning and Teaching Project (e-ELTP). The aim of this project is to significantly
improve the student experience through the enhancement of electronic support for
learning and teaching. Several of our colleagues were involved in implementing
the project in the Law School in 2010. This seminar provided an opportunity to
hear about their specific activities, and about electronic learning at the University
of Adelaide more broadly.
13 August 2010
The heart of our curriculum
Speakers: David Brown (Corporations Law), David Wright (Equity), Ngaire Naffine
and David Caruso (Criminal Law and Procedure) and Paul Babie (Property Law)
Continuing on from the very successful seminar held in May which considered the
first year curriculum of our law degree, this seminar considered the courses which
form the "heart" of the law programme.
Course coordinators from Corporations, Equity, Criminal law and Property made
brief presentations about their courses, including the teaching methodology,
coverage of legal material and assessment.
Adelaide Law School Teaching Report 2010 Page 36 12 November 2010
The final year curriculum
Speakers: John Williams (Constitutional Law), Judith Bannister (Administrative
Law), Margaret Castles (Dispute Resolution and Ethics), Anne Hewitt and David
Caruso (Evidence and Proof)
The final instalment in our focus on the Adelaide Law Degree considered the final
year curriculum. At this seminar the Course coordinators responsible for final year
compulsory courses made brief presentations about their courses, including the
teaching methodology, coverage of legal material and assessment. This seminar
completed a series that began with a consideration of the first year programme
and then focused on the heart of the law degree.
2)
Other Teaching Events
2010 Labour Law Teaching Workshop
When: Thursday 18 November, 11:30am – 1:30pm
Where: Moot Court, Level 1, Law School (Ligertwood Building), University of
Adelaide
The Teaching Workshop provided a forum for teachers of Australian labour law –
broadly construed to include employment law and industrial law, and taught to law
and/or non-law students – to come together in a collegial environment and discuss
the challenging questions we face in our teaching, such as:






What are the purposes of teaching Australian labour law?
What are the core areas to be taught?
How should I structure the syllabus?
Which text best suits my students’ learning needs and styles?
What innovative forms of assessment have other teachers used?
How can I best engage my students in current debates and issues?
Adelaide Law School Teaching Report 2010 Page 37 Courses taught at the Law School 2010
LAW 2504 Administrative Law
The 3 main aims of the course were to teach the basic principles which govern review of administrative action by
courts and tribunals, to train students to apply those principles in complex fact situations and to provide a critical
analysis of that system. A particular focus was placed upon judicial review, including its fundamental concepts of
jurisdiction, ultra vires, and procedural fairness. The course also covered review 'on the merits' by administrative
tribunals. The practical significance of the course in substantive areas such as taxation, immigration, welfare and
regulation was emphasised.
Topics included: State and Commonwealth avenues of review; the distinction between judicial review and review
'on the merits'; error of law and error of fact; justiciability and standing; procedural fairness; ultra vires and abuse of
discretion; jurisdictional error, privative clauses and judicial review remedies.
LAW 2501 Australian Constitutional Law
Considered the Australian constitutional system. Selected topics included: the doctrine of separation of powers; the
nature of legislative, executive and judicial power at both Commonwealth and State levels; the legislative power of
the Commonwealth, including the process of characterisation and an examination of heads of power specified in
s51 and s52; relations between the Commonwealth and the States and the resolution of inconsistencies between
laws; the implications in the State and Federal constitutions drawn from representative and responsible
government; the Commonwealth and the States as a social and an economic union; and the law relating to
constitutional guarantees.
LAW 1503 Contracts
The course acquainted students with the common law, equitable and statutory rules relating to enforceable
agreements and puts those rules in their practical perspective. The course explored the influence of concepts such
as 'freedom of contract', 'good conscience' and 'good faith' in the development and application of the law.
Reference was also made to the various regimes for regulating contracts that have an international dimension.
The following topics were covered: formation; terms and interpretation; privity of contract, agency and assignment
of obligations; vitiating factors; statutory remedies for unfair commercial conduct; performance and discharge of
obligations; enforcement, compensation and restitutionary remedies.
LAW 2505 Corporate Law
This course covered the following topics: i) types of commercial/trading associations; ii) incorporation under the
Corporations Act including the incorporation process and the types of corporations that may be incorporated; iii)
the consequences of incorporation including the concept of corporate personality; iv) the regulation of the internal
affairs of a corporation including the role of the corporate constitution and the way in which a corporation is
managed and administered; v) dealing with a corporation including the contractual liability of a corporation; iv)
share capital and company membership; vii) debt capital including credit and security arrangements; viii) the duties
and liabilities of directors and other officers of a corporation; ix) the legal remedies and powers of members of a
corporation; x) the regulation of corporations in financial difficulty including the administration and the winding up
processes.
LAW 2503 Criminal Law and Procedure
The course in Criminal Law and Procedure opened with an examination of the nature and purposes of the criminal
law and the general principles of criminal responsibility at common law and in the Commonwealth Criminal Code.
It continued with a consideration of selected issues in criminal procedure, with particular reference to prosecutorial
practice and the requirements of fair trial. The procedural section of the course is presented in conjunction with the
law of non fatal offences against the person. The topics that followed included a selection of substantive offences:
the unlawful homicides, sexual offences and offences of dishonesty. These were followed by an examination of the
general defences of self defence, necessity and duress. The extended forms of liability for attempt, complicity and
statutory offences of preparation and association were covered before moving to a consideration of strict and
absolute liability in state and federal criminal law. The course concluded with an examination of denials of criminal
responsibility on the ground of incapacity resulting from infancy, mental illness or impairment, physical or
psychological trauma and intoxication.
Adelaide Law School Teaching Report 2010 Page 38 LAW 3501 Dispute Resolution and Ethics
This course covered procedures applicable to the resolution of civil disputes, including conciliation, mediation,
arbitration and judgment, together with the ethical obligations that lawyers bring to these procedures. Through
problem solving and practical role plays students were critically introduced to the nature of civil process in South
Australian and Federal courts and the respective roles and responsibilities of parties (including their legal
representatives) and mediators, arbitrators and judges in commencing, continuing and conducting these
processes. Particular topics of court adjudication under an adversary system included: the cost of litigation;
initiation and service of process and jurisdiction: joinder of parties and claims; the definition of issues through
pleadings and admissions; obtaining evidence through discovery, inspection and interrogatories and the limits
imposed by privileges and immunities; interlocutory injunctions; pre-trial conferences; mediation; judgment without
trial including settlement; the nature of judgment; rights of appeal; and the enforcement of judgments. Duties owed
by lawyers to the law, the court, clients, other lawyers and the community were considered in theory and in
practice, both particularly in relation to dispute resolution and more generally, as well as the concept of professional
misconduct and wider questions of a lawyer's personal ethics and conflicting duties and values.
LAW 2502 Equity
Equity focussed on the historical basis of equity, as well as equitable rights, titles and interests in property. The
course examines in detail major equitable doctrines or principles: 1) unconscionable conduct (which include
estoppel and unconscionable transactions ; 2) fiduciary relationships; 3) trust: express (which discusses trust
accounting), resulting and constructive. In trusts particular reference was paid to the various types of trusts and the
manner and form of their creation and variation. Further, the duties, rights and powers of trustees was included, as
was the consequences of breach of trust. Particular emphasis was placed throughout the course upon remedies,
both specific and monetary. Other equitable doctrines such as breach of confidence was considered.
LAW 3502 Evidence and Proof in Theory and Practice
Through problem solving and practical role plays students studying Evidence critically analysed the rules of
evidence applicable to the proof of facts in South Australian and Federal courts. These rules determine the
evidence which will be received by courts in proof of facts, the form in which such evidence must be presented, and
the uses to which such evidence can be put were all considered. Topics included examination of both the sources
and acceptability of evidence, including rules concerning the standards and burdens of proof and technical rules
concerning such matters as hearsay, admissions and confessions and res gestae. Advocacy exercises introduced
students to the unique adversarial nature of the common law oral evidentiary process and emphasised the lawyer's
role and ethical place in that process.
LAW 1501 Foundations of Law
This course provided a foundation in the core legal skills of case reading and analysis, legal research, statutory
interpretation and problem solving. It also introduced students to fundamental questions in legal theory
(jurisprudence) and in legal and professional ethics.
LAW 3089 Honours Research and Writing
This course introduced students who have been admitted to the honours dissertation programme to advanced legal
research and writing. Students participated in a structured program that enabled and assisted them to identity the
subject of their dissertation, and gain the skill necessary to enable them to undertake preliminary preparatory to the
writing of the honours dissertation.
LAW 1502 Law of Torts 1
This course provided a general introduction to the law of torts with a specific focus on negligence. It considered:
general and specific duty categories; standard of care; causation and remoteness; damages; defences; vicarious
liability; and an introduction to statutory interpretation and the interaction between statute and common law, with
specific emphasis on locating and explaining judicial consideration of the Civil Liability Act 1936 (SA). Students
also were introduced to group work and legal problem solving skills.
Adelaide Law School Teaching Report 2010 Page 39 LAW 1505 Law of Torts 2
This course built upon the foundations of the introduction to Torts in first semester. The aim of the course was to
focus on specific areas of torts law, beyond negligence principles, including defamation, recovery for economic
loss, intentional torts, breach of statutory duty and concurrent liability (proportionate liability and contribution
claims). The course included a critical analysis of the role of policy in the development of the law and provide an
opportunity for students to critically analyse the developments of the law.
LAW 1504 Principles of Public Law
An introduction to the role and content of public law in the Australian Legal System. Selected topics included:
introduction to Federal and State Constitutions, both written and in common law; historical background and theories
of constitutionalism, including an introduction to the doctrine of separation of powers and the nature of legislative,
executive and judicial power at both Commonwealth and State levels; representative and responsible government,
including the relation of citizens and their parliaments and the structure of government administration, and the
relation of executive government to the parliaments; courts and parliament and courts and the executive; an
introduction to International Law and its relation to the Australian legal system; human rights in Australian and
International Law; and introduction to administrative law theory, including basic administrative law principles. It
provided a foundation for Australian Constitutional Law and Administrative Law.
LAW 1506 Property Law
This course discussed the theoretical nature and justification of property and the important features of the
Australian common law and statutory provisions relating to real and personal property, with emphasis being given
to the former. The principal aim was to acquaint students with the fundamental proprietary interests and to teach
students how to apply the relevant laws and concepts to practical situations where such interests are in dispute.
The following topics were considered: the theoretical nature and justification of common, private and public/state
property; ownership and possession of real and personal property; adverse possession and limitation of actions
legislation; limits to land (including fixtures, the ownership of airspace and subsoil, land boundaries and
encroachments); estates and tenure; legal rights recognised in land (including bare and contractual licences;
mortgages; co- ownership); future interests and equitable intervention; creation and enforceability of equitable
interests, including assignments of property; the Torrens system of land title registration; leases; easements; and
restrictive covenants.
Transition Course Descriptions
Following the 2008 curriculum review in the Law School, a number of transitional courses have been taught to
facilitate students moving between the old and new curricula. In 2010 the following transition courses were offered:
LAW 1004 Law of Crime
The course opened with an examination of the nature and purposes of law of crime and the general principles of
criminal responsibility before proceeding to a detailed examination of selected substantive offences. The offences
that were considered included fatal and non-fatal offences against the person, and selected offences of dishonesty.
Attempted offences and preparatory crimes were covered, with particular reference to the law relating to trafficking
and related offences involving illicit drugs. The course examined the major defences to crime, including selfdefence, necessity and mental impairment. It provided students with a basic understanding of criminal procedure.
LAW 2556 Criminal Procedure
The primary emphasis was on charge selection, charge negotiation and the prosecutorial obligations relating to fair
trial. The Nemer case was used as a case study, for it usefully straddles: (a) the role and constitution of the DPP's
Office; (b) charge selection; (c) reform of the law of offences against the person and (d) guilty plea negotiation.
LAW 2555 Principles of Administrative Law
The primary emphasis was on the legal and political mechanisms for holding Commonwealth and State
governments accountable, the role of the courts in holding governments accountable through the mechanism of
judicial review, freedom of information law, and the role of the Commonwealth ombudsmen and the AuditorGeneral in the accountability framework.
Adelaide Law School Teaching Report 2010 Page 40 Elective Courses
LAW 3506A Adelaide Law Review part A / LAW 3506B Adelaide Law Review part B
Since 1962, the Adelaide Law Review has been the flagship publication of the Law School. The journal is peer
reviewed and is committed to the publication of legal scholarship of the highest quality. This course introduced
students to legal publishing and editing. Students consider the legal journal as a means of legal education.
Students are involved in the production of the annual editions of the journal. Students consider the role of legal
publications, critically analyse submitted material and comment upon a diverse range of legal scholarship. In
addition students develop skills in advanced legal writing, copy-editing and journal production.
LAW 2507 Australian Legal History
The course included consideration of the following topics: The legal and philosophical foundations of the British
empire, the juridical status of Australian settlement, the status of the Aboriginal people under European law, the
English background to the Australian system, frontier law and other original Australian developments, the move to
independent legal institutions and the juridical nature of constitution making in Australia. The course introduced
students to the sources of legal history generally and Australian legal history in particular, as well as basic historical
methodology.
LAW 3525 Alternative Dispute Resolution
The course included a detailed examination of the theory and practice of ADR methods in the context of an
adversarial legal system, to develop an understanding of the operation and implications of various ADR theories
and practices and to assess their value. It evaluated the experience in Australia and other common law countries
of the development and incorporation of ADR options in dispute resolution, in civil, administrative, family and
criminal contexts. The course aimed to develop ability to critically assess the legal, social and other issues
associated with ADR, and to understand the implications of the operation of those theories in an adversarial legal
context.
The course included a selection from the following topics: the nature of disputes, and psychological, political,
cultural, economic and social issues in dispute resolution; acceptance and operation of ADR as a credible
alternative to litigation; theory; features and values of various forms of ADR; Justice reform, including the role of the
courts and the provision of court annexed ADR, the "multi-doored" court, and the role and value of judicial decision
making; commercial arbitration; ADR and industrial disputes; power and control in dispute resolution; mediation
theory; ADR and criminal law; dispute system design; legal rights and responsibilities flowing from ADR outcomes;
and ethical issues for ADR practitioners.
LAW 3510 Clinical Legal Education
This course demonstrated the operation of theoretical and doctrinal law in a legal environment. Students were
placed for one day per week in a legal office, supervised by a legal practitioner, and participate actively in all
aspects of the work at the office, including case work. The Law School also offered placements at legal advice
clinics run by Flinders and Adelaide Law Schools at the Adelaide Magistrates Court. The concurrent seminar
program builds on students' experiences on placement, examining issues such as lawyer/client relationships, legal
ethics, professionals and professions, justice access, and the role of our legal system in society.
LAW 3511 Commercial Equity
Students completing Commercial Equity considered the penetration of equity into modern commercial life;
commercial fiduciaries; equitable security transactions, with particular regard to Romalpa clauses; subrogation and
contribution; set-off; marshalling; trusts in a commercial context: trusts and superannuation; the Quistclose trust;
the imposition of constructive trusts into commerce; commercial trustees; commercial equitable remedies,
particularly Mareva injunctions and Anton Piller orders.
LAW 2509 Commercial Law and the Market
This course examined the relationship between commercial law and the market. The course began with a basic
issue of legal study - how much attention is paid to the law, in this case commercial law. Empirical and theoretical
works covering a wide range of industries were examined to help answer this question. The course also examined
responses to the use of law in the market in light of the purposes of commercial law and the capacities of judges
and the legal system to meet these purposes. The course ended with an investigation into the role of law in
expanding the range of the market into new areas such as biotechnology and the Web.
Adelaide Law School Teaching Report 2010 Page 41 LAW 3523 Company Merger and Acquisition Law
This course exposed students to the Regulation of Changes of Control in Companies (Corporations Act Chapters 6
and 6B); the Use of Schemes of Arrangements to Effect Changes of Control (Corporations Act Chapter 5, Part 5.1);
Compulsory Acquisitions of Corporate Securities and Compulsory Securities Buy-Outs (Corporations Act Chapters
6A and 6B); and Disclosure of Interests in Listed Companies (Corporations Act Chapter 6C).
LAW 2508 Comparative Law
This course covered the following topics: comparative law as an academic discipline; the world's families of legal
systems; comparative evaluation of the merits of differing legal solutions to social problems; legal history and
comparative law; the impact of ideological, religious and constitutionally entrenched values upon legal systems;
conflicts of values, particularly in multicultural societies; law understood as divine revelation and law as a human
creation (exemplified by an analysis of the roots of European and North American law and a survey of the history
and present day practice of Islamic law); the impact of the philosophy of the Enlightenment on European and North
American law (the theory and practice of human rights and the codification movement in civil law and common law
countries); codified and uncodified law, highlighting prominent features of civil law and common law systems, eg,
differing standards of interpretation of statute law, the courts' approaches to novel issues and the investigatory civil
procedure (civil law) and the adversarial civil procedure (common law). Selected civil law judgments (translated into
English) and common law judgments which have similar fact patterns were compared.
LAW 3512 Conflict of Laws
Courts sometimes have to deal with cases which are significantly connected to another jurisdiction. This other
jurisdiction may be another Australian State or Territory, or it may be a foreign country. Questions arise as to an
Australian court's jurisdiction over the parties, the appropriate law to apply to the matter, and the recognition and
enforcement of judgments of courts outside the jurisdiction. Students completing this course examined these
issues from both a theoretical and a practical perspective in this course.
LAW 2524 Criminology
Students studying Criminology considered definitions of crime and the operation of the criminal justice process.
The course also included introduction to the historical and contemporary perspectives on the causes of crime and
criminality including: physical and genetic factors; psychological theories; and sociology of crime, and an
introduction into the analysis and uses of criminal statistics.
LAW 3522 Corporate Disclosure Obligations
This course dealt with the following topics:
1. Continuous Disclosure of Material Investment Information (Corporations Act Ch 1, Part 1.2A and Ch 6CA; ASX
Listing Rules).
2. Accounts and Audit Obligations of Companies (Corporations Act Ch 2M).
3. Disclosure When Corporate Securities Offered For Subscription or Purchase (Corporations Act Ch 6D).
4. Constraints on the Marketing of Corporate Securities.
LAW 3099 Dissertation Honours Law
Honours candidates were required to conduct research on an approved topic and write an honours dissertation.
The dissertation was assessed in accordance with the procedures set out in the Adelaide Law School Honours
Guidelines.
LAW 2511 Environmental Law
This course included introduction to the concepts and principles which underpin environmental law from the
international to the local level. The course addressed Constitutional responsibilities and roles relating to the
environment; sustainable development and the law; environmental planning through environmental impact
assessment and land-use law; environmental protection principles, climate change and renewable energy; water
resources law; and the protection of biological diversity.
Adelaide Law School Teaching Report 2010 Page 42 LAW 2512 Family Law
Considered the law of marriage and divorce within the constitutional context and the Family Law Act. Child welfare
including custody, access. Matrimonial property and spousal maintenance. Legal ethics in the practice of Family
Law.
LAW 3089 Honours Research and Writing
This course assisted students who have been admitted to the honours dissertation program to develop advanced
legal research and writing skills. In it students participated in a structured program that enabled and assisted them
to identity the subject of their dissertation, and gain the skills necessary to enable them to undertake preliminary
preparatory to the writing of the honours dissertation.
LAW 2513 Human Rights: International & National Perspectives
The aim of this course was to have students consider the legal, philosophical and sociological underpinnings of
human rights; students were encouraged to think critically about the views they hold and the values reflected in the
Australian and international legal systems. The course focused on the United Nations and its role in formulating,
interpreting and monitoring human rights. A further component of the course was the protection of human rights in
Australia.
LAW 3514 Human Rights Internship Programme
The course placed students in 'internships' with human rights organisations located internationally and nationally
for a period of three months. The internships enabled students to build on their understanding of the theory of
human rights law by gaining an appreciation of its practical operation. The course aimed to give depth and context
to students' existing knowledge of human rights law.
During the internship, the students were required to complete an agreed research task under the supervision of a
senior person at the chosen human rights organisation. The research task was negotiated by the student and the
organisation, with the approval and supervision of the course coordinator. Students were involved in the day-to-day
activities of the organisation and gained an understanding of how such organisations operate. Prior to
commencement, students were given orientation to introduce them to the strategies and procedures generally
employed by human rights organisations.
LAW 2514 Intellectual Property Law
This course aimed, through a consideration of laws relating to patents, trademarks, confidential information and
copyright, to examine the protection provided by the law in regard to ideas, inventions, information and other forms
of creative effort. The course also aimed to explore how the law must balance interests and protect investment
while taking into account public welfare and technological developments. The course explored the interrelationship
of the different regimes of protection, and also considered practical issues arising in the commercialisation or
exploitation of intellectual property..
LAW 3526 Insolvency Law
This course provided an introduction to the theory, policy and key principles of insolvency law, both as it affects
corporations and individuals, and in relation to other bodies of law and practice. The course focussed on the key
insolvency procedures including liquidation, administration and receivership in the case of corporations, and in the
case of personal insolvency, bankruptcy, debt agreements and other alternatives. The course examined the role of
Government, regulators, the insolvency profession and other 'stakeholders' in insolvency law, as well as examined
aspects of comparative and international insolvency, including cross-border insolvency.
LAW 3516 Jessup Moot
Students were eligible for the subject by application and selection only. Participants in the Moot Court subject were
selected as members of one or more teams of 3-5 students. The teams prepared material for presentation in moot
court competitions held within the Law School and in state and national competitions. One of the selected teams
participated in the Australian Regional Rounds of the Philip C Jessup International Moot Court Competition.
Participation in the Jessup Moot involved the preparation of written submissions (memorials) for both the Applicant
Adelaide Law School Teaching Report 2010 Page 43 and Respondent parties and the preparation of oral submissions for the purposes of practice and competition
moots.
LAW 3599 Law Research Dissertation
Students completing a Law Research Dissertation were required to write a supervised research dissertation on an
approved topic.
LAW 2518 Moot Court
Students are eligible for the subject by application and selection only. Participants in the Moot Court subject are
selected as members of a team(s) of 3-5 students. The teams prepared material for presentation in moot court
competitions held within the Law School and in state and national competitions. Participation in Moot Court
required students to acquire skills in the drafting of written submissions and in the oral presentation or legal
argument.
LAW 2519 Native Title Internship Programme
The course placed students in internships with native title representative bodies and other organisations which deal
with native title in Australia for a period of six weeks. The internships enabled students to build on their
understanding of the theory of native title law by gaining an appreciation of its practical operation. The course
aimed to give depth and context to students existing knowledge of native title law.
Associated with the internship students to completed an agreed research task under the supervision of the course
coordinator. The research tasks involved research into a specific aspect of native title law or procedure. Each
research task was negotiated with the student and the course coordinator, and builds on the work the student
completes within the host organisation. Students were also involved in day-to-day activities of their host
organisation and gain a broad understanding of how such organisations operate and of the operation of native title
law generally.
LAW 2521 Property Theory
This course considered historical and current legal, political and philosophical theories of property and their
applicability to social context. Theorists such as John Locke, William Blackstone, JW Harris, CB Macpherson,
Stephen Munzer, Margaret Jane Radin, Carol Rose, Joseph William Singer and Laura Underkuffler were
examined. Using these theories of property, the course explores the role and justification of property-as law and as
theory.
LAW 3527 Public Law Internship Programme
The course placed students in "internships" with the office of the SA Ombudsman for a period of 22 days. This
involved two intensive weeks over non-teaching weeks eg summer or winter break, followed by one day per week
over the semester. The internships enabled students to build on their understanding of the theory of public law by
gaining an appreciation of its practical operation. The course aimed to give depth and context to students existing
knowledge of public law.
The course began with an orientation seminar providing an overview of the Ombudsman office to students.
Students are required to complete an agreed research task under the supervision of the course coordinator.
Students will also be involved in day-to-day activities of the Ombudsman's Office and gain a broad understanding
of how such accountability organisations operate and of the operation of public law generally.
LAW 2520 Public International Law
This course included the following topics: The nature, function and relevance of international law, the structure of
the international community, the sources of international law, the relationship between international law and
municipal law, the participants in the international legal system, jurisdiction, state responsibility.
LAW 3519 Remedies
Students studying Remedies examined general law remedies available. Specific topics included: (i) common law
damages (ii) the declaration (iii) the injunction, including an examination of specific problem areas, for example,
balance of convenience, interlocutory injunctions and damages in lieu (iv) specific performance (v) compensation
(vi) account of profits.
Adelaide Law School Teaching Report 2010 Page 44 Post Graduate Courses:
The following courses were offered as part of Adelaide Law School’s Post Graduate
programme.
LAW 7128 Advanced Contract Law
The law of contract is of fundamental importance in regulating commercial and other transactions. This course
examined recent developments and emerging issues in this core area of law. Topics included:
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the control of unconscionable conduct and unfair contract terms;
obligations of good faith and fair dealing;
requirements to disclose information in pre-contractual negotiations;
the interpretation of contracts and the principle of 'commercial construction';
the use of exclusion and indemnity clauses;
assessing damages for breach of contract;
the status of preliminary agreements;
illegality, public policy and the doctrine of restraint of trade; and
the regulation of international contracts.
These and other important aspects of the law of contract were addressed from a practical, commercial and
comparative perspective.
LAW 7055 Comparative Corporate Rescue Law
The course identified the role of insolvency law regimes in the global corporate environment, with particular
emphasis on formal and informal rehabilitation processes for corporations experiencing financial difficulties. The
course covered the following topics as they relate to corporate rescue systems operating in major trading regions of
the world: when is rehabilitation appropriate; access to the process; protection afforded to the company on entering
into the process; formulating a rehabilitation plan; the role of an independent administrator in the process; the role
of creditors, members, and company officers in the process; the role of the court; informal v formal rehabilitation
processes; involvement of international bodies, and cross-border reorganisation.
LAW 7024 Comparative Law
This course covered the following topics: comparative law as an academic discipline; the world's families of legal
systems; comparative evaluation of the merits of differing legal solutions to social problems; legal history and
comparative law; law understood as divine revelation and law as a human creation (exemplified by an analysis of
the roots of European and North American law and a survey of the history and present day practice of Islamic law);
the impact of the philosophy of the Enlightenment on European and North American law (the theory and practice of
human rights and the codification movement in civil law and common law countries); codified and uncodified law,
highlighting prominent features of civil law and common law systems, eg, the rule of precedent (common law),
reliance on good faith (civil law) and differing standards of interpretation of statute law; the investigatory civil
procedure (civil law) and the adversarial civil procedure (common law). Selected civil law judgments (translated into
English) and common law judgments which have similar fact patterns were compared.
LAW 7085 Contractual Relations
This course acquainted students with the content and application of common law, equitable and statutory rules
relating to enforceable agreements and puts those rules in their practical and social perspective. The following
topics were covered: Creation and content of a contract (formation, privity, agency, terms); statutory remedies for
misleading and deceptive conduct in trade and commerce; misrepresentation; unconscionable dealing; improper
pressure; performance and discharge of obligations (performance, breach, frustration, variation and discharge by
agreement); and remedies (enforcement, compensation, restitution).
Adelaide Law School Teaching Report 2010 Page 45 LAW 7121 Corporations in the Global Age
The primary objective of the course was an exploration of the conceptual foundations of corporate law in an epoch
dominated by globalization. For a full understanding of corporate legal relations it is necessary to excavate
legislation and judicial decisions in order to locate the social, political and economic context in which these legal
principles operate. In order to undertake this task the course looked at readings that examine the historical
genesis of the modern corporation. The course pinpointed the evolution of Australian corporate regulation and the
pressures being exerted on a national based regime in an epoch of growing internationalization. The course
fanned out to embrace issues such as the corporate social responsibility movement; lawyers and corporate power;
corporations and the environment; corporations and taxation; directors' duties and the forces underpinning the
movement towards the global harmonization of corporate legal relations. The contemporary economic crash
features for it has accelerated the call for more stringent business laws.
LAW 7025 Dissertation
This course required students to demonstrate their ability to independently complete a research dissertation on a
topic of their choice. In the dissertation, students must develop and present an original argument.
LAW 7120 Human Rights: International Perspectives
The aim of this course was to have students consider the legal, philosophical and sociological underpinnings of
human rights; students are encouraged to think critically about the views they hold and the values reflected in the
international legal system. The course focussed on the United Nations and its role in formulating, interpreting and
monitoring human rights.
LAW 7098 Insurance Law
This course provided students with an introduction to the general principles of insurance law. It included an
overview of the legislation that relates to insurance, particularly the Insurance Contracts Act 1984 (Cth), and the
legislation that regulates the insurance industry, particularly Chapter 7 of the Corporations Act 2001 (Cth) and the
Insurance Act 1973 (Cth), as well as an examination of the common law relating to insurance law. There was a
consideration of the fundamental principles in insurance law such as the duty of utmost good faith, the duty of
disclosure, double insurance, contribution, subrogation and reinsurance.
This course was taught with an emphasis on the practical application of the principles of insurance law. The course
considered insurance policies, standard policy conditions and exclusions as well as indemnity issues. The course
also included an examination of insurance law in a dispute resolution framework in terms of the nature of insurance
disputes, dispute resolution mechanisms and insurance litigation
LAW 7068 International Energy Law
This course examined state jurisdiction over energy resources, and the formulation of international energy law and
policy in organisations such as the United Nations and the European Union. The role of international institutions
such as the International Energy Agency (IEA), the International Atomic Energy Agency (IAEA) and OPEC were
also examined. The regulation of specific energy resources, such as nuclear energy and petroleum were
addressed. International laws to combat climate change, and the implications for energy sector were discussed.
The role of international law and institutions in promoting renewable energy, and the concept of access to energy
as a human right were also explored.
LAW 7040 International Environmental Law
This course examined the role of international law in addressing global environmental problems, in particular
climate change and the protection of biological diversity. It addressed not only the relevant legal principles,
concepts and obligations relating to such problems but also the scientific, political, economic and social dimensions
thereof. It also evaluated the effectiveness of international environmental law in terms of its implementation and
enforceability.
Adelaide Law School Teaching Report 2010 Page 46 LAW 7125 International Financial Regulation
The rapid globalisation of the world's financial markets and the scale of market activities raises important issues for
lawyers, regulators and governments tasked with designing and implementing regulatory structures that oversee
global capitalism. The primary issue is to support the maintenance of reliable and robust, but stable and innovative
financial markets that facilitate sustainable economic growth and development in an environment where money
moves apparently seamlessly across borders, with little or no national loyalty. Currently regulation is still
predominantly sited at the national level where there are a diverse array of regulatory arrangements and structures,
and different philosophies underpinning them. At the same time, the international regulatory system, such as it is,
has largely developed in a piecemeal fashion, based around the sectoral division between banking, insurance and
securities. This course introduced students to the principles of international financial regulation and engaged them
with questions such as whether there is a need for a significant overhaul and reform of the international regulatory
architecture to cope with the reality of global finance.
LAW 7129 International Humanitarian Law
International Humanitarian Law (IHL), also known as the Law of Armed Conflict, is a set of rules that seeks to
balance military priorities when engaging in armed conflict with humanitarian concern for those who are impacted
by such operations. This body of law comprises at its core the four 1949 Geneva Conventions and the two 1977
Additional Protocols, as well as a myriad of associated treaty and customary international law that dates back to
the late nineteenth and early twentieth centuries.
This course investigated the humanitarian strategy that influenced the development of this body of law and seek to
assess its effectiveness. While international case law is examined, the course has a decidedly Australian
perspective. The Australian Defence Force (ADF) applied this law to its fullest during involvement in the 2003 Iraq
campaign and it continues to have application in operations conducted by the ADF in Afghanistan.
The course was designed for those who seek an introduction to the architecture of the law applicable to armed
conflict, though it also vigorously tackled the practical implications of the theoretical and doctrinal topics addressed.
LAW 7070 International Trade Law
This introductory course dealt with structural aspects of the international trade law system, including the different
municipal legal systems; the history of the international legal system; customary international law; treaty law and
interpretation; the meaning and jurisprudence of international law statehood and recognition; international
organizations such as the United Nations, the World Trade Organization, the IMF, World Bank, UNCTAD,
UNCITRAL and ICSID as well as the relationship between the international legal system and domestic systems. In
addition the course reviewed the legal vehicles available to facilitate international dispute resolution methods for
governments and business entities. Specific attention was paid to the dispute resolution mechanism in the World
Trade Organization, the International Centre for Settling Investor-State Disputes and International Commercial
Arbitration. Finally the course considered the concept of 'Choice of Law' for international trade contracts and the
recognition of foreign awards and judgements through municipal courts.
LAW 7099 International Trade Transactions and the Law
This course examined the law governing international transactions including contracts for the sale of goods,
transport, payment and insurance. In addition, the course looked at the legal vehicles available to facilitate
international transactions including distribution, agency, licensing, franchising and transfer of technology. Dispute
resolution methods applicable to international transactions were examined. Choice of law and the recognition of
foreign awards and judgements were also considered.
LAW 7111 Principles of Australian Law
This course provided the introduction to Australian law and legal system, forming a basis for the further study of
law. In particular, the course examined law making and court processes and hierarchies in Australia; the role of
Courts and legislature in Australia, including their historical background and the development of the Australian legal
system; legal system taxonomy, including the Australian federal system, public and private law, other families of
legal systems, including the international legal system and comparative law; an introduction to human rights law;
and an introduction to legal theory, addressing the nature of law and critical legal thinking. The course also
provided an introduction to legal research and problem solving.
Adelaide Law School Teaching Report 2010 Page 47 LAW 7062 Selected Issues in Intellectual Property Law
The course examined current issues in intellectual property focussing on the following: private international law and
the exploitation and enforcement of intellectual property in a digital world; database rights - copyright and sui
generis regimes of protection; geographical indications in trade mark law; the protection of personal information;
the international debate concerning protection of traditional knowledge, genetic resources and traditional cultural
expressions; and legal and ethical issues surrounding patents in biotechnology.
LAW 7096 Sport Law
This course aimed to guide sport industry participants, their legal advisors and others having a general interest in
the area through the principal legal issues affecting commercial sport. Relevant legal principles from torts,
contracts, employment and labour relations, restrictive trade practices, administrative law and intellectual property
were used to analyse common transactions and structures in commercial sport with particular attention to
specialised applications and rules. The analysis covered team membership agreements, professional player
contracts, liability and compensation for injury, collective bargaining, player representation, labour market controls,
league arrangements, disciplinary proceedings and dispute resolution, marketing and sponsorships, sports
broadcasting and income taxation. The focus for this course was on Australian law with reference to global
arrangements and comparative perspectives where appropriate.
Adelaide Law School Teaching Report 2010 Page 48 Sponsors
Adelaide Law School wishes to thank its sponsors for their valuable support and ongoing
financial assistance by providing prizes, scholarships and donations. These donations
encourage and support our high achieving students who will become the next generation of
young lawyers.
Associations and Companies:
AILA (Australian Insurance Law Association)
Allens Arthur Robinson
AMPLA - The Resources and Energy Law Association
Cowell Clarke
Edmund Barton Chambers
Fisher Jeffries a member of Gadens Lawyers
Fountain & Bonig
Hanson Chambers
Howard Zelling Chambers
John Bray Law Chapter of the Alumni Association Inc.
Johnson Winter & Slattery
Kelly & Co.
LexisNexis
Lipman Karas
Lynch Meyer
National Environmental Law Association (S.A. Division)
Nicholls Gervasi
Norman Waterhouse
Piper Alderman
South Australian Bar Association
Sparke Helmore
The Law Society of South Australia
Thomson Reuters (Professional) Australia Limited (Law Book Company)
Individuals
Hon. Justice David Bleby
Hon. Justice Thomas Gray
Associate Professor John Keeler
Ellice Ruth Lucke
Hon. Justice Margaret Nyland
Hon. Justice John Perry
Dr. Melissa Perry QC
Adelaide Law School Teaching Report 2010 Page 49 Contact Us:
Editing: Kerrin Maratos
Adelaide Law School
The University of Adelaide
ADELAIDE AUSTRALIA 5005
Phone: (08) 8313 5063
Fax: (08) 8313 4344
Email: [email protected]
www.law.adelaide.edu.au Adelaide Law School Teaching Report 2010

Adelaide Law School teaching activities

Transcription

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