The principal institutions of government under our constitution - viz,
parliaments, the executive and the courts - and their relation to each
other and to the people living under them.
The role of judges, practising lawyers and other personnel in the court
system.
The nature, historical origins and classification of the common law.
The circumstances of the adoption of the common law in the Australian states
and its effect on the people living in that continent both before and after
white settlement.
The processes by which cases are decided by judges and the techniques used
by them (judicial method).
The nature of statutes and the techniques for interpreting them.
The scope and function of the law of torts and the principles governing
selected torts, notably negligence, nuisance and trespass to the person.
The way in which the law of torts operates in the context of society as
a whole, and the ways in which it is influenced by such particular factors
as insurance, social security, and the need (or absence of a need) to ascribe
fault.
The nature of alternative systems for compensating the victims of personal
injuries and the steps being taken towards reforming the law in this area.
The course is designed to serve the intending practitioner and to cover some academic and comparative aspects of the law of Succession. It is suggested that the best practitioners in this area are those with sufficient intellectual understanding and curiosity to connect different doctrinal areas of law in a way which serves their clients' interests most comprehensively. This includes recognising factors which shape the laws regarding inheritance, being able to understand the background legal system from which a client comes, and recognising where changes in those factors are likely to alter the needs of clients in matters like estate planning.
The course covers the following broad topics:
Introduction- history and nature of Succession
Comparative succession law - including civil law systems, Islamic law,
Talmudic law
Intestate Succession
Testate Succession or the Law of Wills
Family Provision
Grants of Representation and some Powers and Duties of Legal Personal Representatives
Administration of Assets
The course is taught by a mixture of lecture, case-based discussion, small
group discussion and prepared seminars.
