This course must be taken in the commencing semester of a student's LLB program. Students commencing their legal studies in Semester One are expected to undertake Foundations of Australian Law with LAWS1203 Torts. Students commencing their legal studies in Semester Two are expected to undertake Foundations of Australian Law with LAWS1204 Contracts. This is because the content in the relevant companion course is utilised in various ways in Foundations of Australian Law.

Foundations of Australian Law is designed to lay the groundwork for the remainder of students' legal studies. In particular, the course aims to assist students to develop a range of legal skills that are crucial for successful legal studies and for professional practice. Students learn the essential skills that enable them to engage with and use our principal sources of law - case law and legislation. In addition to teaching students how to analyse case law and legislation and to formulate legal arguments, the course also covers the key legal principles of statutory interpretation and the role of the courts in interpreting statutes.

To set the context for these sources of Australian law, the course also seeks to familiarise students with:

1. some of the fundamental features of the legal institutions that generate laws (the courts and the Parliament);
2. sources of Australian law in addition to case law and legislation (including the Australian Constitution, customary law and international law); and
3. the historical and social forces that have shaped and continue to shape the law-making process and the legal system.

This course meets the requirements of the Law Admissions Consultative Committee Statement on Statutory Interpretation.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Investigate and analyse the sources of law and the legal system in Australia.
2. Examine the historical and social context of the institutions of the Australian legal system, incorporating a range of perspectives which recognise and value diverse culture and traditions that include developing an understanding of Aboriginal and Torres Strait Islander Peoples’ knowledges and perspectives.
3. Formulate oral and written arguments in response to questions about the Australian legal system and the process of law-making.
4. Select and implement methods of legal reasoning and statutory interpretation to generate legally defensible conclusions with respect to legal problems.
5. Engage in legal research, legal writing and citation conventions, utilising a variety of legal research sources, including legal databases, in order to reflect critically on case law, legislation and scholarly journal articles.
6. Utilise feedback to critically reflect on their own developing legal skills and understanding.

Research-Led Teaching

Examination Material or equipment

Information on what to expect during an examination

Required Resources

Essential: Hamer et al, Laying Down the Law (LexisNexis Butterworths, 12th ed, 2024). You must purchase this text and it must be the 12th edition. Do not purchase an earlier edition.

Recommended Resources

• Students are strongly encouraged to also obtain a legal dictionary. One such dictionary is the: Concise Australian Legal Dictionary (Lexis Nexis Butterworths). Some booksellers (such as Harry Hartog - on campus) offer the Lexis Nexis Butterworths legal dictionary sold in a discounted bundle with the required text. While you must have the most recent edition of the textbook (see above), the same is not true for the legal dictionary. A second hand copy, or an earlier edition, of any legal dictionary is certainly adequate.
• Students are strongly recommended to purchase a copy of the Australian Guide to Legal Citation (4th edition) published by the Universitiy of Melbourne and available on Zookal for a modest price. A free online version is also available. However, the online version is not as convenient or as easy to use as a hard copy. (You need the 4th edition. Any earlier edition of AGLC is not suitable).

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments on individual work
• feedback to the whole class.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Tutorial 1: Introduction to tutorials; introduction to legal systems and sources of law.Lecture 1: Sources of Law: Plurality of Legal Systems	Please note, tutorials run for 2 hours and lectures are one hour only. In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.Students in this course must attend the main weekly teaching event which is one compulsory 2-hour tutorial each week for 12 weeks of the semester. These tutorials are not recorded.
2	Tutorial 2: Case law as a source of law and legal reasoning.Lecture 2: Sources of Law: Legal Institutions in an Historical Context
3	Tutorial 3: Using legal rules and employing legal argumentLecture 3: Sources in Legal Reasoning - Citation and Academic Integrity
4	Tutorial 4: Judicial reasoning I - Advocacy and ArgumentLecture 4: Finding Sources of Law: Legal Research Skills Part 1.	Tutorial in-class exercise on legal reasoning.
5	Tutorial 5: Judicial reasoning II - Speluncean ExplorersLecture 5: Finding Sources of Law: Legal Research Skills Part 2.
6	Tutorial 6: Judicial reasoning and legal changeLecture 6: Social and Legal Change in Australian Law
7	Tutorial 7: The Constitution; the parliament as a source of law-makingLecture 7: Introduction to Statutory Interpretation	Mid-semester Assignment due: Monday of week 7.
8	Tutorial 8: Key principles and approaches to statutory interpretation; commence interpretation in context.Lecture 8: Statutory Interpretation 1
9	Tutorial 9: Statutory Interpretation continued; continue context and purpose.Lecture 9: Statutory Interpretation 2
10	Tutorial 10: Statutory Interpretation continued; extrinsic materials and presumptions of statutory interpretation.Lecture 10: Statutory Interpretation 3
11	Tutorial 11: Statutory Interpretation continued; commence practice problem solving.Lecture 11: Statutory Interpretation problem solving: issue spotting, process and practice.
12	Tutorial 12: Statutory Interpretation continued; practice problem solving continued, relevance and contextLecture 12: Your questions about statutory interpretation answered. (No new material).
13		Final exam (problem solving) involving statutory interpretation; held during the examination period.

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time.This course is taught in discussion based tutorials (1 x 2 hours per week). Attendance and participation in these tutorials is compulsory. ). Once registration is open then competition for popular times is intense. To avoid disappointment, please read the information about tutorial registration carefully. There will be sufficient spaces in classes for all students to attend; just not necessarily at the preferred time. 

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Research Task	50 %	14/04/2025	07/05/2025	1,2,3,5,6.
Formal Examination	45 %	*	*	3,4,5.
Participation	5 %	*	*	1,2,3,4,6.

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes. Students must attend 10 of the 12 tutorials between weeks 1 – 12.

Examination(s)

This course will include a final examination. Examinations are conducted on campus during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

Research Task

Details of Task: The assignment will be in two parts. The first part (Part A) will require an essay style response to a question from a choice of at least 2 topics relating to aspects of foundational principles associated with Australian legal history, the common law and other legal systems, the nature of law and legal institutions, and legal reasoning including legal issues relating to Indigenous peoples (as covered in Foundations of Australian Law). The second part (Part B) will require analysis of research strategies and other methods that were used when completing the first part of the task.

The task will cover relevant course materials from lectures and tutorials from weeks 1 - 6 (inclusive).

Weighting for both parts A and B: 50% (Part A 45% and Part B 5%)

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50% (Part A - 45% and Part B - 5%)

Release: Monday 17 March 2025 via WATTLE.

Word Limit: Total word limit for both parts A and B: 2,000 words. Please refer to the detailed task instructions regarding how to calculate the word count for this task. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, Monday 14 April 2025 via WATTLE. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated return date: 7 May 2025.

Assessment Criteria: A rubric will be issued with the task.

Assessment Task 2

Formal Examination

Details of Task: Broadly, students will be assessed on their ability to construct and present a legal argument in response to a legal problem containing a hypothetical statute while correctly applying the principles of statutory interpretation in their answer to the given question.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 45%

Due Date: Students should consult the ANU examination timetable once finalised to confirm the date, duration and time of the exam.

Estimated Return Date: Official end of semester results release date via Turnitin. 

Assessment Criteria: An assessment rubric will be available in Wattle.

Assessment Task 3

Participation

Details of Task: The Foundations of Australian Law tutorials provide a supported learning environment that equips students to cope, week-by-week, with the assessment tasks that students face in this course and other first-semester law courses. The group work and other activities undertaken in these tutorials relies on students having completed the assigned preparation prior to class, where required, in order to ensure each individual gains the maximum benefit from the tutorials experience. To facilitate this, there is a minimum attendance requirement for the tutorials. A roll will be taken at the beginning of each class. Students are responsible to ensure that their attendance is recorded. This task also involves compulsory in-class activities including (1) a

written legal reasoning task in week 3 and (2) a court visit including a verbal court report to be provided in-class.

Students must attend 10 of the 12 tutorials between weeks 1 – 12.

Weighting: 5%. Failure to attend 10 of 12 tutorials without documented exceptional circumstances will result in a 5% penalty being deducted from students' overall mark for the course.

Due Date: Ongoing. Any further absence from class, excluding the two unexplained absences, will require you to outline the circumstances that prevent your attendance and the appropriate documentation.

Exceptional circumstances that may warrant approval may include, but are not limited to:

• medical reasons (student injury, illness or medical condition, including COVID illness or isolation);
• family/personal reasons (family injury or illness, bereavement);
• cultural or religious commitments; where a cultural or religious event conflicts with the scheduled tutorials.

Please note that approval will not be given for work related reasons.

From your ANU email address, you must email enquiries.law@anu.edu.au indicating

1. your full name and student ID;
2. the date you will be absent (or were absent) from the tutorial;
3. the exceptional circumstances you have experienced that have necessitated your absence; and
4. relevant documentation that supports your claims.'

Further details are provided on the course Wattle site.

Please do not email your course convenor or tutorial leader for privacy reasons. All medical and other personal documentation that is sent to Col Enquiries, will be destroyed from the provided email address on the server once the assessment has been made. 

Estimated Return Date: Official end of semester results release date via Turnitin.

Assessment Criteria: An assessment rubric will be available in Wattle.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

• Late submission is not accepted for tests or examinations.

• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students