Introduction to Australian Law and Statutory Interpretation

Overview

This unit enables students, through the study of cases, statutes and other materials, to acquire a comprehensive knowledge and understanding of, and competence in, the fundamentals of the Australian legal system and the principles of statutory interpretation. This unit introduces students to the study of law. It examines the Australian legal system, the doctrine of precedent, the interpretation of legislation, legal research methods and writing skills.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Identify and describe the structure, sources, and key institutions of the Australian legal system, including the roles of the legislature, executive, and judiciary.
2. Discuss the role of judicial decisions in shaping legal doctrine and the role of alternative dispute resolution (ADR) in legal practice.
3. Locate and select appropriate legal sources and apply the principles of statutory interpretation using established interpretive approaches and methods to resolve legal problems.
4. Recognise and apply ethical responsibilities and professional conduct in legal practice and reflect on the importance of personal wellbeing and emotional resilience in the study and practice of law.

Teaching methods

Hawthorn

Assessment

Content

• Overview of the Australian legal system
• The reception of English law
• The hierarchy of courts
• The doctrine of precedent
• The legislative process
• Approaches to interpreting statutes
• Internal aids to interpretation
• Retrospective operation
• Extrinsic aids to interpretation
• Interpretation in context
• Presumptions
• The use of international materials
• Statutory obligations and discretions
• The use of Acts Interpretation Acts
• Legal writing and communication
• Legal research