James Cook University Subject Handbook - 2002

SCHOOL OF LAW

Current areas of research activity include the following.

Commercial Law

Bailment.
Domestic and international sale contracts.
Negotiable instruments.
Personal Property rights and liabilities.

Company Law

Controls on directors competing with their company.
The right to legal representation under the ASIC Act 1989 (Cth).
Corporate law and taxation law.
Directors’ duties to creditors.
Share buy backs.

Constitutional Law

Comparative Constitutional Law.
Constitutional interpretation.
Implied freedoms.
Implied rights; limits.
Taxation power of Parliament.

Contract Law

General principles.
Law of tendering and public procurement.

Criminal Law

Law of homicide.
Non-fatal offences against the person.
Inchoate offences.
Defences.

Environmental Law

The legal framework for the marine environment in the Torres Strait.
World heritage law and litigation.
Coastal law and policy.

Equity

Remedies.
Unconscionability.

Family Law

Feminist jurisprudence and women’s issues.
Mediation in North Queensland.

International Law

Self determination in the Asia Pacific region.
Human rights.
International humanitarian law.
International dispute resolution.

Land Law

Native title issues.
Papua New Guinea Land Law.

Law of the Sea

Fisheries issues.
Offshore enforcement of law.

Medicine Law

Bioethics.
Mental health.
Current medico-legal issues.

Partnership

General principles.

Restitution

The role of ‘Unjust Enrichment’ in the law of restitution.

Solicitor’s Liability

Under the Corporation’s Law 1989 (Cth).
Under the Income Tax Assessment Act 1936 (Cth).

Taxation Law

Taxation of international transactions.
Avoidance, international tax (incentives).
Marital title and taxation.

Torts

Negligence principles.
Positive duties.

Women’s Studies

The rationale for provision of legal services for women, delivered by women only.