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TABL 1710
BUSINESS AND THE LAW
Email: L.Cejnar@unsw.edu.au
Lecture 1
Tutors
Tutors will provide their contact details to their individual tutorial classes in week 2
Consultation weeks: ONLY IN weeks 7, 8, 12 and 13
Tutors will advise their students of the times and location for their consultations in the week
prior to a consultation week
TABL 1710
Business and the Law
TABL 1710
Business and the Law
Course Overview
Course Aims
This course aims to provide:
an understanding of the relationship of the law to business
an understanding of legal reasoning and argument
how to apply legal principles to problem situations that may arise in
the business context
an introduction to the legal method of writing, analysis and research
the knowledge and skills for study of other business law or taxation
courses (for those interested in undertaking other courses offered by
TABL 1710
Business and the Law
TABL 1710
Business and the Law
Lecture Times:
Tuesday 9am-11am in CLB 8
Thursday 2pm-4pm in Physics Theatre
Students must attend either the Tuesday
morning or the Thursday afternoon lecture in
accordance with their enrolment
Course Outline
Tutorial Program
Recordings of KEY POINTS for each lecture (on Moodle prior to lectures each
week): THIS IS NOT A FULL RECORDING OF THE LECTURE full
recordings of 1710 lectures are NOT available
Major Assignment
Course Announcements
Blog for PROPERTY LAW ONLY (one for each tutorial class assessed)
LEGT 1710
Business and the Law
LEGT 1710
Business and the Law
Tutorials please NOTE:
Tutorials:
Tutorials commence in Week 2 and continue to
Week 13
LEGT 1710
Business and the Law
LEGT 1710
Business and the Law
Tutorials
TUTORIAL ALLOCATIONS MIGHT NOT BE ABLE TO
BE CHANGED
Tutorials now have only limited availability there
are vacancies only in a small number of classes
Tutorials
Primary point of contact is your tutor
Administrative queries regarding tutorials should be
directed to the School of Taxation and Business Law
office: tbl@unsw.edu.au
LEGT 1710
Business and the Law
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LEGT 1710
Business and the Law
Tutorials
Please contact the Lecturer-in-charge if you are:
unable to attend your assigned tutorial
are not enrolled in a tutorial
having problems enrolling in a tutorial
Tutorials
Students must attend their allocated tutorial and no other
Students
attending
other
tutorials
without
permission will not be marked for attendance at that
tutorial
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LEGT 1710
Business and the Law
TABL 1710
Business and the Law
Tutorials
Topics and problems for each week are set out in the
Tutorial Guide
Tutorials
No written answers will be provided to any of the tutorial
questions
Do not ask for answers to the tutorial questions to be given out or
posted on Moodle
The purpose of a tutorial questions is not to simply learn a standard
answer
The focus of each question is on the process of how to apply your
understanding of the lecture materials to a problem situation to help
you gauge your own level of competence
Simply giving you standard written answers will defeat this purpose
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TABL 1710
Business and the Law
TABL 1710
Business and the Law
Course Assessment
Course Assessment
In order to pass this course, you must:
achieve a total mark of at least 50/100
AND
attend 80% of lectures and your allocated tutorials
AND
make a satisfactory attempt at all assessment tasks
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TABL 1710
Business and the Law
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TABL 1710
Business and the Law
Prescribed text
Paul Latimer, Australian Business Law (CCH, 34th
edition, 2015)
Students may also use the 33rd edition, 2014
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TABL 1710
Business and the Law
Readings
Lecture 1:
Lecture 2:
Lectures 3-6:
Lectures 7-8:
Lecture 9:
Lecture 10:
Lecture 11:
Lecture 12:
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TABL 1710
Business and the Law
TABL 1710
Business and the Law
Lecture 1: Overview
On completion of this week you should be able to:
9 Explain the nature of law in our society
9 Identify the different ways laws can be classified
9 Distinguish between the different types of legal systems
9 Identify the different sources of Australian Law
9 Give a brief history of Australian law and the Australian
legal system
9 Identify the main characteristics of the Australian legal
system
Lecture 1 Lecture
Sources of law
Statute law
Common law
Classification of laws
Different categories of law
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What is law?
What is it?
the law is a systematic set of rules to regulate
or control conduct within a society
* A set of rules that will be enforced by the
courts
1 The law declares how we must behave
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May be changed by
parliament and
interpreted by the
courts
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Common law
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Equity
Equity is a body of legal principles or legal rules
developed by the Courts of Chancery (Courts of Equity)
in England
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Equity
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Equity
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Classification systems
in Australian law
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International law
International law
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Domestic law
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Public law
Private law
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Common law and civil law are the two dominant systems in the
western world
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civil cases/actions
criminal cases/actions
Criminal
actions are brought by the crown (state) against an accused
individual
emphasis is on punishment
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Civil actions
Standard of proof
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Development of the
Australian Legal System (NSW)
Criminal actions
Examples relevant to business:
Extortion
Embezzlement
Larceny/theft
Fraud
Forgery
1788 arrival of
the first fleet
Australia inherits
English system
of law
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Native title
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Establishment of
the Commonwealth of Australia
Federation 1901
The Commonwealth of Australia Constitution Act 1900 (Imp)
came in into effect on 1 January 1901
can be changed by a referendum (s 128) which requires
approval by absolute majority of both Houses of Australian
Parliament
The six colonies became the Commonwealth of Australia
on 1 January 1901
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Federal (or
Commonwealth)
State (e.g.
NSW)
Commonwealth/State powers
Local (e.g.
Randwick
Council)
Responsibilities include:
Defence
Foreign Affairs
Immigration/Customs
Health
Tax
Responsibilities include:
Education
Hospitals/health
Police/law and order/criminal law
Family Services
Tax
Responsibilities
include:
Road maintenance
Garbage collection
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Exclusive powers
Concurrent powers
Health
Education
Tax
Residual powers
Municipal/local laws
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Separation of powers
A constitutional monarchy
The Parliament
the legislature
The Executive
Separation of powers
Responsible government
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Parliament
Separation of powers
See www.aph.gov.au
Role of Parliament
to make and change the statute law (legislation)
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Parliament
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THE HOUSE OF
REPRESENTATIVES
THE SENATE
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Elected representatives
are called Members
Elected representatives
are called Senators
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Lower House
150 Members
Each Member represents an electoral division which
contain approximately equal numbers of electors
Members elected by a system known as preferential
voting, under which voters rank candidates in order of
preference
The Government must have a majority in the House of
Representatives
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THE SENATE
THE SENATE
Upper House
76 Senators, twelve from each of the six states and two
from each of the mainland territories
Term of candidature: six year terms on rotation (except
for the two senators from the territories, who have same
term as Members of Parliament in the House of
Representatives)
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THE SENATE
The House of review:
a function of the Senate, directly and through its
committees, is to scrutinise government activity
the party in government has seldom had a majority in
the Senate, so that Opposition and minor parties have
been able to use their Senate numbers to conduct
inquiries into government operations
effectiveness of the Senate in holding the government
of the day accountable for its actions: the balance of
power
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THE EXECUTIVE
Governor General
Acts on advice of
Prime Minister &
Cabinet
Government Departments
Judicial Review
Administrative Decisions (Judicial Review) Act 1977
(ADJR)
Administrative Review Tribunals
Their roles
The Ombudsman
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In-class exercise
Lecture 2:
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Next week
REMEMBER!
TUTORIALS START NEXT WEEK
What is legislation
How laws are made
Statutory Interpretation
The process of using legislation to solve legal problems
What is the Judiciary
the court system
the role of the courts
Court hierarchy
Alternative methods to courts
Basic procedure in a court
Doctrine of Precedent
The process of using case law to solve legal problems
Legal Research
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