Introduction to Australian Law and Statutory Interpretation
Duration
- One Semester or equivalent
Contact hours
- 36 hours Face to Face + Blended + Swinburne Online
On-campus unit delivery combines face-to-face and digital learning. For Online unit delivery, learning is conducted exclusively online.
2023 teaching periods
| Hawthorn Higher Ed. Semester 2 |
||
|---|---|---|
Dates: Results: Last self enrolment: Census: Last withdraw without fail: |
| Swinburne Online Teaching Period 2 |
Swinburne Online Teaching Period 3 | |
|---|---|---|
Dates: Results: Last self enrolment: Census: Last withdraw without fail: |
Dates: Results: Last self enrolment: Census: Last withdraw without fail: |
Prerequisites
Aims and objectives
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.
2. Explain the fundamental principles of common law and use them to evaluate the relative importance of judicial decisions
3. Describe and apply the law relating to statutory interpretation to solve a legal issue
4. Locate, interpret and select appropriate legal sources
Unit information in detail
- Teaching methods, assessment and content.
Teaching methods
Type | Hours per week | Number of Weeks | Total |
Face to Face Contact Class | 3 | 12 | 36 |
Online Contact Directed Online Learning and Independent Learning | 1 | 12 | 12 |
Unspecified Learning Activities Independent Learning | 8.5 | 12 | 102 |
TOTAL | 150 hours |
Type | Hours per week | Number of Weeks | Total |
Online Contact Directed Online Learning and Independent Learning | 11.5 | 12 | 138 |
Live Online Class (Synchronous Session) | 1 | 12 | 12 |
TOTAL | 150 hours |
Assessment
Types | Individual/Group Role | Weighting | Unit Learning Outcomes (ULOs) |
Case Studies | Individual | 25-35% | 3,4 |
| Online test | Individual | 5-15% | 1,2,3,4 |
Examination | Individual | 50-70% | 1,2,3,4 |
Content
• 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
Study resources
- Reading materials.