A course of two classes per week throughout the year.
SYLLABUS
This course examines from a legal point of view the relationships between the citizen and the executive branch of government.
This subject owes its significance to the fact that in the modern com- munity the life of the citizen is likely to be very much affected by increasing powers of regulation and decision-making vested in the executive arm of government or instrumentalities brought into being by the executive arm of government. Such powers may be manifested by wide authority to enact subordinate legislation given to the Governor- In-Council or by considerable discretions in decision-making given to tribunals which function quite independently of the courts of law.
The subject concerns the extent to which and the means by which such powers are rendered subject to judicial control and scrutiny. Judicial control may be exercised over delegated legislation, whether by the executive or by local authorities, by means of the doctrine of ultra vires and by various techniques, such as the prerogative writs, over those powers of decision-making vested in 'administrative tribunals' which are, usually, though not very precisely, termed 'judicial' or 'quasi- judicial'.
The changing face of administrative law, which now produces an ever- increasing number of decisions each year, involves more and more critical inquiry into the adequacies of the traditional methods of review.
The topic primarily involves the question of the validity of administrative decisions, but the issue of the liabilty of the administrators for their acts may be also involved. Hence the question of the liability of the Crown and of other bodies of a public nature is also considered.
Throughout the course, attention is given mainly to problems which are common to the States and the Commonwealth. The student's attention is directed to the special problems which arise under the Common- wealth Constitution, but detailed consideration of these problems is omitted. The method of instruction is mainly through an analysis of the cases which are either printed at length or summarized in the Case Book mentioned below. The details of the main topics are substantially those dealt with in the Case Book itself, but any recent decisions of significance will be considered.
As much attention has recently been devoted to the question of reform in this subject, the question of law reform and the government-inspired reports relating thereto are given special examination.
BOOKS
Prescribed casebook:
'Brett P Hogg P W Cases and Materials on Administrative Law 3rd ed Tracey R R S and ass Sykes E I Butterworth 1975
35
Recommended for reference:
Benjafield D G and Whitmore H Principles of Australian Administrative Law 4th ed Law Book 1971
De Smith S A Judicial Review of Administrative Action 3rd ed Stevens 1973
Garner J F Administrative Law 4th ed Butterworth 1974 Wade H W R Administrative Law 3rd ed Clarendon 1971
Report of the Administrative Review Committee 1971 Parliamentary Paper 144 Kerr Report
Interim and Final Reports of the Committee on Administrative Discretions 1973 Bland Reports
More detailed advice on texts will be given at the beginning of the course.
ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or partial substitute for, this paper.
730-308 AGENCY, PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS
A course of one class per week throughout the academic year.
SYLLABUS
This course will deal with three types of legal relationship, viz, agency, partnership and other unincorporated association (such as a club).
Among matters to be considered will be:
(a) the creation of the relationship of principal and agent, partnership or other unincorporated association;
(b) the rights and duties of the parties to the relationship among themselves, including property rights; and
(c) the dissolution of the relationship.
The course will also cover the circumstances in which the agent, partner or member has authority — express, implied, ostensible or by ratification
— to bind the principal, other partners or other members to third parties;
and the effects of such authority or lack of authority. Consideration will also be given to problems associated with the enforcement of rights by and against third parties.
BOOKS
Prescribed textbooks:
'Afterman A B and Baxt R Casebook on Corporations and Associations 2nd ed Butterworth
'Partnership Act 1958 Victoria Recommended for reference:
Ford H A J Unincorporated Non-profit Associations Clarendon 1959 Higgins P. F. P and Fletcher K L The Law of Partnership in Australia
and New Zealand 3rd ed Law Book
Stol jar S J The Law of Agency Sweet & Maxwell 1961 ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work
and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or partial substitute for, this paper.
730-309 BANKING AND NEGOTIABLE INSTRUMENTS
A course of one class per week throughout the academic year.
SYLLABUS BANKING
This part of the subject deals with those principles of the law of Contract and Tort that are applicable to banking transactions and matters inciden- tal thereto. In particular it involves a detailed consideration of the Banker/Customer relationship and problems arising therefrom, the payment and collection of cheques, securities for bankers' advances, and the financing of International trade. Reference is also made to the nature and functions of Merchant and fringe banking.
NEGOTIABLE INSTRUMENTS
This part of the subject deals with the concept of negotiability and its special characteristics, the Law relating to Negotiable Instruments and, in particular, the rights and liabilities of parties to bills of exchange, promissory notes and cheques.
BOOKS
Recommended for reference:
Chorley Law of Banking 6th ed Sweet & Maxwell 1974
Chorley and Smart Leading Cases in the Law of Banking 2nd ed Pit- man 1966
Weerasooria and Coombs Banking Law and Practice Butterworth 1975 Uniform Customs and Practice for Documentary Credits Intern Chamber
Commerce Brochure 222
Uniform Rules for the Collection of Commercial Papers Intern Chamber Commerce Brochure 254
Richardson Guide to Negotiable Instruments 4th ed Butterworth 1970 'Bills of Exchange Act 1909-1973 Commonwealth
Recommended for reference and further reading:
Weaver and Craigie Banker and Customer in Australia Law Book 1975 Pagent Law of Banking 8th ed Butterworth 1974
Byles Bills of Exchange 23rd ed Stevens 1972
Chalmers Bills of Exchange 13th ed Sweet & Maxwell 1964
Manning Committee report on the reform of the Law relating to Bills and cheques.
ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or part ial substitute for, this paper.
730-310 CIVIL LIBERTIES
(Not available in 1977)
A course of one class per week throughout the academic year.
SYLLABUS
Topics selected from the following.
Freedom of Expression
1. Public meetings, processions and demonstrations.
2. Political expression—
Parliamentary privilege and contempt of parliament.
Restrictions of the dissemination of information — Official Secrets.
Censorship of political comment: Press, radio and television.
Australian Security Intelligence Organisation — Powers.
Treason, Treachery and Sedition.
3. Obscenity—
Censorship of literature, theatre, cinema, and press, radio and TV.
4. Contempt of Court—
Restrictions on public discussion of the judicial process.
5. Religion and Conscience—
Constitution s.116; blasphemy; the freedom to proselytise.
National Service Act and conscientious objection.
Personal Freedom
1. Police powers and Citizen rights—
Law of arrest, search, interrogation and bail.
Remedies against the police.
2. Compulsory treatment of the physically and mentally ill.
3. Contraception, Sterilization and Abortion.
4. Drug Offences — legal restrictions on freedom to 'Go to hell one's own way'.
5. Freedom of Movement—
Immigration; deportation, aliens; asylum and extradition; passports.
6. Discriminatory treatment of minorities and special groups—
Race — aborigines, coloured immigrants.
Sex — disabilities of women.
Age — children's rights.
Wealth — vagrancy (and prostitution as an 'unlawful' means of support).
7. Protection from the arbitrary exercise of government power—Parlia- ment; Ministerial responsibility; Administrative Law; Ombudsmen.
8. The Right to Privacy—
Sources of concern: Government (A.S.I.O., social service dossiers, census), Commerce (credit agencies, data banks, private investiga- tors, advertisers), Press (exposes, harassment of interviewees).
Economic Freedom 1. Right to Work—
Security in employment; registration and licensing; compulsory unionism.
2. Property—
Constitution 51(31); compulsory acquisition; nationalisation.
Guarantees of Rights
Extent of present Australian Constitutional guarantees—
compare U.S.A., Canada, India and elsewhere.
The case for an Australian Bill of Rights.
The content and working of such a Bill.
ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or pa rtial substitute for, this paper.
730-406 COMPANY LAW
A course of two classes per week throughout the academic year.
SYLLABUS
The study will begin with an introductory treatment of corporate personality, various types of corporation, the history of the law of corporations and the development of the concept of limited liability.
Attention will then be directed to companies registered under the Companies Act and the following aspects of company law will be studied in detail: the corporate constitution; the company's capacity to sue and be sued, to own property and to make contracts and dispositions;
the company's liability for wrongs; the delimitation of the corporate entity; share capital; classes of shares; dividends, membership and shareholding; loan finance; regulation of public offerings of shares, debentures and interests; directors; duties of directors; accounts and audit; protection of minority shareholders; meetings; re-organization and take-overs; official management and liquidation.
In the course of that study companies both trading and non-trading, will be contrasted with other forms of association.
BOOKS
Prescribed textbooks:
'Alterman A B and Baxt R Casebook on Corporations and Associations 1st or 2nd ed Butterworth
or
'Ford H A J Principles of Company Law Butterworth 1974 Prescribed statutes:
Students must obtain their own copies of the latest reprint of:
Companies Act 1961 Victoria Securities Industry Act 1975 Victoria Trade Practices Act 1974 Commonwealth Recommended for reference only:
Wallace and Young Australian Company Law and Practice Law Book 1965
Paterson W E and Ednie H H Australian Company Law 2nd ed Butter- worth 1971
Gower L C B Modern Company Law 3rd ed Stevens 1969
Baxt R Second Australian Supplement to Gower on Modern Company Law Law Book 1974
McPherson B H The Law of Company Liquidation Law Book 1968 Gole V L Australian Proprietary Companies Butterworth 1970 Aferman A B Company Directors and Controllers Law Book 1970
Stol jar S J Groups and Entities ANU 1973
Johnston T R Jager M O and Taylor R B The Law and Practice of Company Accounting 3rd ed Butterworth 1973
ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or partial substitute for, this paper.