Course overview
- Study period
- Semester 1, 2026 (23/02/2026 - 20/06/2026)
- Study level
- Postgraduate Coursework
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course will introduce students to the history, sources, principal legal concepts, institutions, and methodology of the common law in Australia. The course will provide students whose backgrounds are not in the common law with a sound basis for further study in a common law system.
This course is designed to give an overview of the fundamental structure, institutions and traditions of the common law, to enable students to undertake other courses which presume a knowledge of the common law. In this way students will be equipped to successfully complete other courses in the Master's programs and to study specific areas of Australian law.
Thus, this course covers key features of the Australian legal system. It identifies the sources of Australian law, theﾠinstitutional settings in which the law operates, and the methodology and jurisprudence of common law. Case analysis and statutory interpretation in aﾠcommon law context are included as well as an overview of the adversarial approach to litigation. In addition to the substance of the Australian legal system, students will be introduced to the legal research skills necessary to successfully complete other courses in the Masters programs.
Course requirements
Assumed background
It is assumed that students who enrol in this course will either have an undergraduate degree in law from an institution in a non-common law country, or have a degree in a related discipline and relevant work experience in that field. This course also provides an important foundation in the common law method for exchange students.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
Approval by Director of Postgraduate Coursework Programs
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS1100 or 7000 or 7010
Restrictions
LLM, MICLaw
Course contact
Course staff
Lecturer
Guest lecturer
Dr Dani Linder
Professor Rain Liivoja
Mr Christopher Nuttall
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
The early, intensive, nature of this course is designed to equip students with an overview of common law methodologies and institutions in preparation for other studies which they will be undertaking during the semester.
Running parallel to LAWS7936 are Workshops on English for Academic Communication (EAC). These are not compulsory but are extremely helpful to students especially if English is not your first language.
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 is designed for those with no formal knowledge of the Australian legal system.ﾠ It aims to introduce key features of the law such as: sources, terminology, presumptions, institutions, methodologies and application, with emphasis on the role of case law and statutory law within the Australian legal system.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate an understanding of the Common Law system of justice and the main ways in which it differs from other legal systems.
LO2.
Understand the way in which the Australian legal system operates.
LO3.
Articulate the role of case law and statutory law in the Australian legal system.
LO4.
Demonstrate knowledge of the legal institutions within which the Australian legal system operates.
LO5.
Effectively and efficiently locate both print and electronic sources of law.
LO6.
Communicate effectively and professionally, using writing styles which reflect the conventions of academic and legal expression and organisation.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Research Proposal
|
30% |
12/03/2026 2:00 pm |
| Quiz |
In Class Quiz
|
50% |
16/03/2026 12:30 pm
Students who cannot or do not attend the quiz, will do a short viva (oral questions and answers [in person]). |
| Paper/ Report/ Annotation, Reflection, Role play/ Simulation |
Court Hearing & Mock Trial
|
20% |
26/03/2026 2:00 pm
You are also required to attend and actively participate in the Mock Trial at the Queensland Supreme Court (City) on 26 February at 9:30 am. |
Assessment details
Research Proposal
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 30%
- Due date
12/03/2026 2:00 pm
- Learning outcomes
- L01, L05, L06
Task description
As will be explained in class, a research proposal is an outline of the subject, structure, content and methodology proposed for a research essay.
The word limit for this piece of assessment is 1000 - 1500 words. Any material beyond 1500 words will not be read. Your references in the body of the proposal will count towards your 1500 maximum count but not the bibliography at the end.
If you use any case law or legislation these need to be referenced in correct style and any concepts, words, ideas from other authors then these need to be also referenced as footnotes.
For style and referencing, students should refer to the Australian Guide to Legal Citation (4th edition)
The subject matter of the research proposal is expected to reflect each student’s knowledge of his or her own legal system in a meaningful comparison with an aspect of the Australian legal system.
Students are expected to undertake independent research and prepare their research proposal independently. However, Artificial Intelligence (AI) and Machine Translation (MT) provides emerging tools that may support students in completing this assessment task. Students may appropriately use AI and/or MT in completing this assessment task. Students must clearly reference any use of AI or MT in each instance. A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
The research proposal must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
The maximum extension for an assessment item due within the semester / teaching period in which the course is offered is 7 days. In exceptional circumstances, an extension may be approved for a further 7 days. Where a student is incapacitated for a period longer than 14 days, they are 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.
A request for an extension to an assessment due date must be submitted through my.UQ as soon as it becomes evident that an extension is needed, but no later than one calendar day after the assessment task submission due date and time. Requests for extensions received after the application due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Decision-Maker Tables in the Student Grievance Resolution Procedure to determine whether 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%.
In Class Quiz
- In-person
- Mode
- Written
- Category
- Quiz
- Weight
- 50%
- Due date
16/03/2026 12:30 pm
Students who cannot or do not attend the quiz, will do a short viva (oral questions and answers [in person]).
- Other conditions
- Time limited, Secure.
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
Format: A combination of short-answer and multiple-choice questions covering all course content, including Common Law, the Australian legal system, legal writing skills, online research, and plagiarism.
To do well on the Quiz, you should be actively engaged in each seminar and view course content contained on Blackboard.
The quiz will take place at the end of the course delivery on 16 March at 12:30 pm. It is in-class and in-person.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of AI or MT may constitute student misconduct under the Student Code of Conduct.
More details will be provided, and any questions will be answered in the classroom.
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Deferral will be as an oral test.
Court Hearing & Mock Trial
- In-person
- Online
- Mode
- Oral, Written
- Category
- Paper/ Report/ Annotation, Reflection, Role play/ Simulation
- Weight
- 20%
- Due date
26/03/2026 2:00 pm
You are also required to attend and actively participate in the Mock Trial at the Queensland Supreme Court (City) on 26 February at 9:30 am.
- Learning outcomes
- L01, L02, L04, L06
Task description
Court Hearing Notes & Mock Trial Reflection
This assessment consists of three (3) parts.
Part 1: Mock Trial
You are required to attend and actively participate in the Mock Trial at the Queensland Supreme Court (City) on 26 February at 9:30 am.
As part of your assigned role in the mock trial, you must:
- Prepare and write ten (10) questions relevant to your role.
- Include these questions in your written submission titled “Court Hearing Notes & Mock Trial Reflection.”
Part 2: Court Hearing Notes
You must either:
· Attend a Supreme Court hearing in person, or
· Observe a High Court hearing online via: https://www.hcourt.gov.au/cases/.
You are required to prepare brief notes on the hearing you observe, include the following information:
· Name of the case (in italics)
· Court
· Name of the Magistrate or Judge
· Names of Counsel and/or Solicitors
· Relevant facts
· Prosecution’s claim or indictment
· Summary of arguments and any counterarguments raised by the defence or respondent
· Decision (e.g. “appeal allowed”)
· Holding / Ratio decidendi – the rule(s) or principle(s) applied by the Judge to resolve the dispute
· Dicta – any additional important rules or principles stated by the Judge or Magistrate
Word limit: 400 words (10% plus or minus)
Part 3: Reflection
In this section, you are required to compare and reflect on:
· The court hearing you observed; and
· The mock trial conducted on 26 February, drawing on what you have learned in Fundamentals of the Common Law.
Your reflection should address:
· How and why the observed court hearing differs from the mock trial; and
· How the case reflects your understanding of the operation of the Australian court system.
Word limit: 300 words (10% plus or minus)
Written submission due date: by 2:00pm on Thursday, 26 March.
Artificial Intelligence (AI) and Machine Translation (MT) provides emerging tools that may support students in completing this assessment task. Students may appropriately use AI and/or MT in completing this assessment task. Students must clearly reference any use of AI or MT in each instance. A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
The maximum extension for an assessment item due within the semester / teaching period in which the course is offered is 7 days. In exceptional circumstances, an extension may be approved for a further 7 days. Where a student is incapacitated for a period longer than 14 days, they are 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.
A request for an extension to an assessment due date must be submitted through my.UQ as soon as it becomes evident that an extension is needed, but no later than one calendar day after the assessment task submission due date and time. Requests for extensions received after the application due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Decision-Maker Tables in the Student Grievance Resolution Procedure to determine whether 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.
Additional learning resources information
- http://www.ag.gov.au/ﾠ- Australian Government Attorney-General’s Department Law Siteﾠ
- http://www.austlii.edu.au/ - AustralasianﾠLegal Information Institute (Australian case law and legislation)
- http://www.comlaw.gov.au/ - Commonwealth legislation
- http://www.legislation.qld.gov.au/Legislation.htm - Office of the Queensland Parliamentary Counsel (Queensland legislation)
- http://www.library.uq.edu.au/law/lawsites.phtmlﾠ- Students should refer to the U of Q Law Library’s Legal Research Guide for additionalﾠresources
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 1 (23 Feb - 01 Mar) |
Seminar |
Session 1 Introduction and Course Orientation 9:00 - 10:00 Welcome and Course Orientation, Plagiarism and Responsible Use of AI |
Seminar |
Session 2: Australian Legal and Political System 11:00 - 12:30 The Australian Legal and Political System and Constitutional Framework. Learning outcomes: L01, L04 |
|
Seminar |
Session 3: Common Law in General 13:00-13:45 What is Common Law? And its historical background. Learning outcomes: L01, L02 |
|
Practical |
Session 4: Legal writing, communication and comprehension 14:00 - 15:00 UQ College to conduct a practical writing task. Learning outcomes: L06 |
|
Seminar |
Session 5: Development of the Common Law Wednesday, 10:00 - 11:00 The Development of the Common Law in England and subsequently in Australia; courts and operation of case law & precedents. Learning outcomes: L01, L04 |
|
Seminar |
Session 6 Australian Courts of Law Wednesday 25 February: 11:00 - 12:00 Australian Courts of Law: court hierarchy in Australia and the operation of stare decisis. Key institutions: judiciary, legal practitioners, DPP. Learning outcomes: L01, L04 |
|
Seminar |
Session 7: Adversarial System Wednesday 12:30-13:30: Adversarial system and preparation for mock trial at the Supreme Court Learning outcomes: L01, L02, L04 |
|
Workshop |
Session 8 Library Research Workshop I Wednesday 14:00 - 15:00 Getting started with legal research Introduction to the law library and an overview of the basics of legal research. Learning outcomes: L05 |
|
Applied Class |
Mock Trial (Assessment) 26 February, 9:30 -11:30: attending and actively participating in the Mock Trial at the Queensland Supreme Court (City). [See no.6 Assessment.] Learning outcomes: L01, L02, L03, L04 |
|
Week 2 (02 Mar - 08 Mar) |
Seminar |
Session 9: The Law of Equity 10:00 - 11:30 Learning outcomes: L01, L02, L03 |
Seminar |
Session 10 Legal Writing Skills I 11:30 - 12:30 Research Proposal, methodology. Plagiarism and use of AI. Learning outcomes: L06 |
|
Workshop |
Session 11: Library Research Workshop II (Case Law & Legislation) 13:00 - 14:00 Searching for cases Learning outcomes: L05 |
|
Week 3 (09 Mar - 15 Mar) |
Seminar |
Session 12: Constitutional Framework & Lawmaking Powers 10:00-11:30 Constitutional Framework & Lawmaking Powers and Legislation Learning outcomes: L02, L03, L04 |
Seminar |
Session 13 Legal Writing Skills II 13:30 - 14: 00 In class-problem solving exercises using legislation (Queensland Criminal Code) and cases. IRAC. Learning outcomes: L02, L03, L06 |
|
Lecture |
Session 14: International Public Law (online) Monday 9/03 at 13:00 (Online Lecture): International Public Law in the Common Law Method. Learning outcomes: L01, L02, L04 |
|
Week 4 (16 Mar - 22 Mar) |
Seminar |
Session 15: Legal Pluralism & Law Reform 10:00 - 11:30: Legal Pluralism; Aboriginal and Torres Strait Islander peoples: Law Reform. Case studies: Terra Nullius to Mabo and Beyond. Learning outcomes: L02, L03, L04 |
Consultation |
Overview, discussion & general feedback 11:30 - 12:00 Overview, general feedback, questions and discussion. Learning outcomes: L01, L06 |
|
Applied Class |
Classroom Quiz: ASSESSMENT 12:30-14:00: See no. 6 "Assessment". Learning outcomes: L01, L02, L03, L04, L05, L06 |
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
- AI for Assessment Guide
- Recording of Teaching 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: