Week 5, Semester 2, 2010


LAWS1114 Preparation

Read Balkin & Davis pp 411-418; 431-439.

  • The summary is here.

Read Caltex Oil (Australia) Pty Ltd v The Dredge 'Willemstad' (1976) 136 CLR 529.

  • NB: You may locate cases in the 'Commonwealth Law Reports' (CLR) through Westlaw or LegalOnline.
  • Le summary.

Read Perre v Apand Pty Ltd (1999) 198 CLR 180.

  • Oh dear lord. Mooting. Is. Haunting. Me.
  • NB: Concentrate on McHugh J's influential judgment in Perre v Apand. Hinchy will summarise the other ones. Which is really good since this case is rather large. It was hell to print off last semester. Yup, 142 pages … yuuuummmmm.
  • … yet another summary!

Prepare for the Tutorial.

You might also want to be up to your fourth draft for the compulsory assignment. HAHAHAHA

LAWS1115 Preparation

Read Richard Posner, 'Introduction' to Frontiers of Legal Theory (Harvard UP, 2001).

  • This article can be found on p. 46 of the Learning Guide
  • The summary is here already.
  • Again, if downloading the 60MB readings off blackboard isn't your thing, send Amanda or Jeremy a fb message as they have a 22MB version which has all 3 parts in one pdf document.

Read Mark Tushnet, 'Judicial Review of Legislation' in Peter Cane and Mark Tushner (eds) Oxford Handbook of Legal Studies (OUP, 2003).

  • This article can be found on p. 37 of the Learning Guide.
  • The summary is a work-in-progress here.

Read Sections 12.35 to 12.45 of Clark, 'The Pros and Cons of a Bill of Rights' (p. 348 - 351).

  • The summary will be/is here.

Also! Prepare for the tutorial …

LAWS1116 Preparation

Read the following:

  • Chapters 6, 7, and 9 of Australian Constitutional Law (Suri's textbook)
  • Australian Boot Trade Employees Federation v Whybrow & Co (1910) 10 CLR 266 at 299
  • Clyde Engineering Co Ltd v Cowburn (1926) 37 CLR 466 at 477-8, 489-90
  • Blackley v Devondale Cream (Vic) Pty Ltd (1968) 117 CLR 253 at 255-9, 267-73
  • Viskauskas v Niland (1983) 153 CLR 280 at 292-3
  • University of Wollongong v Metwally (1984) 158 CLR 447 at 456-8, 460-63, 476-8
  • The Constitution (available online here).

Also! Prepare for the Tutorial.


LAWS1114 Week 5: Economic Loss 1 - Relational and Pure
LAWS1115 Week 5: Rights and Freedoms; Bill of Rights (Again.)
LAWS1116 Week 5: Inconsistency between Commonwealth and State Laws