Introduction to Australian Law and Statutory Interpretation

Overview

This unit introduces students to the study of law by critically examining the historical development and fundamentals of the Australian legal system and statutory interpretation. Through the study of cases, statutes and other materials, students acquire comprehensive knowledge and competence in analysing precedent, interpreting legislation, and understanding legal ethics and wellbeing.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Critically evaluate the structure, sources, and key institutions of the Australian legal system and its historical foundations, including the impact on Aboriginal and Torres Strait Islander peoples, and the roles of the legislature, executive, and judiciary.
2. Analyse the role of judicial decisions in shaping legal doctrine and explain the role and operation of alternative legal dispute resolution institutions and processes.
3. Conduct legal research to locate and evaluate appropriate legal sources and apply relevant statutory interpretation principles using established interpretive approaches and methods to resolve legal problems.
4. Demonstrate understanding of ethical responsibilities and professional conduct in legal practice and reflect on the application of wellbeing strategies in the study and practice of law.

Teaching methods

Hawthorn

Assessment

Content

• Overview of the Australian legal system
• The reception of English law
• Aboriginal and Torres Strait Islander peoples and Australian law
• Legal dispute resolution processes
• 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 in statutory interpretation
• Statutory obligations and discretions
• The use of Acts Interpretation Acts
• Legal ethics and professional conduct
• Wellbeing in Law School