James Cook University Subject Handbook - 2003

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.