Course coordinator
Adjunct Professor John McKenna
Please use the following email address to contact Adjunct Prof John McKenna KC: johnmckenna@qldbar.asn.au
Course overview
- Study period
- Semester 2, 2025 (28/07/2025 - 22/11/2025)
- Study level
- Postgraduate Coursework
- Location
- External
- Attendance mode
- Online
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
In every legal system, statutes are a main source of law and their interpretation is a central mode of legal reasoning, a mastery of which is essential to legal practice. This course reflects on how judges and others interpret statutes, and addresses key questions concerning the nature of sound statutory interpretation. The related principles for the interpretation of contracts or other legal instruments will also be considered. This course is designed for lawyers with an interest in legislation as a distinctive type of law and in problems of interpretation. The course will consider the theory and practice of statutory interpretation especially throughout the common law world, with reference to Australian practice and examples where appropriate. Those who complete the course will be well placed to interpret statutes and to engage critically with the main modes of argument that characterise modern interpretive practice.
Course requirements
Restrictions
LLM program only
Course contact
Course staff
Lecturer
Adjunct Professor John McKenna
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
This course is taught intensively from 9am to 5pm on 16/17 Aug; 11, 12 Oct.
Aims and outcomes
Education Mission Statement
The mission of the School of Law is to educate you in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
This course aims to provide a comprehensive overview of the law of statutory and contractual interpretation as applied in Queensland.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Understand the key legal principles of statutory and contractual interpretation and their underlying rationale.
LO2.
Apply those principles to identify and evaluate competing interpretations of particular statutes or contracts and seek to determine the most appropriate interpretation.
LO3.
Apply those principles to assist in more effectively drafting contracts and other legal instruments.
LO4.
Apply those principles to assist in preparing disputed matters for trial.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Statutory Interpretation Problem
|
40% |
3/09/2025 2:00 pm |
| Essay/ Critique |
Essay with Oral Assessment
|
60% |
29/10/2025 2:00 pm |
Assessment details
Statutory Interpretation Problem
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 40%
- Due date
3/09/2025 2:00 pm
Task description
A written statutory interpretation problem will be released to students on 15 August 2025. It will require the application of the principles of statutory interpretation to prepare a written analysis of the meaning and effect of a Queensland statute.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI and/or MT technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.
Deferral or extension
You may be able to apply for an extension.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Essay with Oral Assessment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 60%
- Due date
29/10/2025 2:00 pm
Task description
Each student will select, with the course co-ordinator's agreement, a topic for a 4,500 word essay (excluding referencing and bibliography) concerned with the subject-matter of the course. The word limit is advisory only.
You will be required to attend an Oral Assessment based on your submitted response which will form part of the cumulative grade for this Assessment. The Course Co-ordinator will provide instructions to schedule your individual Oral Assessment date, time and venue. The Oral Assessment is an integral part of this one piece of summative assessment and is required to be completed before a final grade can be allocated.
The format of the Oral Assessment (OA) will take place as a formal question answer session on your submission. The length of the Oral Assessment will take approximately 20 minutes.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI and/or MT technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.
Deferral or extension
You may be able to apply for an extension.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 3 |
Seminar |
Day 1 Statutory Interpretation Part 1 Lecture 1: Introduction to the Course; Lecture 2: Statutes and their Interpretation; Lecture 3: Key Concepts in Statutory Interpretation; Lecture 4: Statutory Context and Coherence; Lecture 5: Statutory Purpose, Mischief and Consequences; Lecture 6: Extrinsic Materials in the Construction of Contracts; Lecture 7: Canons of Statutory Construction. |
Seminar |
Day 2 Statutory Interpretation Part 2 Lecture 8: Private International Law and Statutes; Lecture 9: Time in the Construction of Statutes; Lecture 10: Statutory Definitions and the Interpretation Acts; Lecture 11: Meaning of Common Expressions in Statutes; Lecture 12: Special Categories of Statutes; Lecture 13: Statutes and Administrative Law; Lecture 14: Review of Statutory Principles. |
|
Week 10 |
Seminar |
Day 3 Contractual Interpretation Part 1 Lecture 15: Contracts and their Interpretation; Lecture 16: Key Concepts in Contractual Interpretation; Lecture 17: Contractual Context and Coherence; Lecture 18: Purpose, Mischief and Consequences in Contract; Lecture 19: Extrinsic Materials in the Construction of Contracts; Lecture 20: Canons of Contractual Interpretation; Lecture 21: Review of Interpretation Assignment. |
Seminar |
Day 4 Contractual Interpretation Part 2 Lecture 22: Private International Law and Contracts; Lecture 23: Time in the Construction of Contracts; Lecture 24: Special Categories of Contracts and Terms; Lecture 25: Implied Terms; Lecture 26: Rectification and Estoppel; Lecture 27: Contractual Discretions and Good Faith; Lecture 28: Review of Contractual Principles. |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments for Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: