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Microsoft word - uniform principles for assessing overseas qualifications - june 2008

SCHEDULE 1
PRESCRIBED AREAS OF KNOWLEDGE
Although the topics below are grouped for convenience under the headings of particular areas of knowledge, there is no implication that a topic needs to be taught in a subject covering the area of knowledge in the heading rather than in another suitable subject. CRIMINAL LAW AND PROCEDURE
Non-fatal offences against the person and defences. Elements of criminal procedure. Selected topics chosen from: Topics of such breadth and depth as to satisfy the following guidelines. The topics should provide knowledge of the general doctrines of the criminal law and, in particular, examination of both offences against the person and against property. Selective treatment should also be given to various defences and to elements of criminal procedure. A representative range of torts (other than negligence) and their defences. Topics of such breadth and depth as to satisfy the following guidelines. The potential compass of this area is so large that considerable variation might be anticipated. At the very least, there should be a study of negligence and of a representative range of torts, with some consideration of defences and damages, and of alternative methods of providing compensation for accidental injury. Examples of these topics are: concurrent liability, defamation, economic torts, nuisance, breach of statutory duty and compensation schemes. CONTRACTS
Formation, including capacity, formalities, privity and consideration. Topics of such breadth and depth as to satisfy the following guidelines. Some variation may be expected in the breadth and detail of the topics. In general, however, knowledge of the formal requirements for concluding contracts, capacity, the content and interpretation of contracts, their performance and discharge, and available remedies, together with an understanding of the broad theoretical basis of contract would be expected. PROPERTY
Meaning and purposes of the concept of property. Nature and type (i.e. fragmentation) of proprietary interests. Creation and enforceability of proprietary interests. Acquisition and disposal of proprietary interests. Proprietary interests in land owned by another. Topics of such breadth and depth as to satisfy the following guidelines. The topics should provide knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity. Statutory schemes of registration for both general law land and Torrens land should be included. A variety of other topics might be included, e.g., fixtures, concurrent interests and more detailed treatment of such matters as sale of land, leases, mortgages, easements, restrictive covenants, etc. Trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts.) Topics of such breadth and depth as to satisfy the following guidelines. The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trusts law should be dealt with: various kinds of trusts; the rights, duties and powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included. (It is expected that about half the course will be devoted to trusts.) COMPANY LAW
Administration of companies and management of the business of companies. Duties and liabilities of directors and officers. Company credit and security arrangements. Topics of such breadth and depth as to satisfy the following guidelines. The topics should include an analysis of incorporation and its effects, management and control of a company, the various methods of financing - by the issue of shares and by debt - and the processes of winding up a company. ADMINISTRATIVE LAW
Organisation and structure of the administration. Common law and statutory avenues of judicial review at Commonwealth and State level. Topics of such breadth and depth as to satisfy the following guidelines. The topics should not only embrace traditional common law remedies concerning judicial review of administrative action, but should also cover the range of Commonwealth and State statutory regimes. FEDERAL AND STATE CONSTITUTIONAL LAW
State constitutions and constitutional systems. The Commonwealth Constitution and constitutional system. The constitution and operation of the legislature, executive and judiciary. The relationship between the different institutions of government and the separation of powers. The relationship between the different levels of government. Topics of such breadth and depth as to satisfy the following guidelines. The topics should include knowledge of the major principles of both the relevant State or Territory Constitution and the Commonwealth Constitution, including the relations between the different Commonwealth and State or Territory laws. A general knowledge of the scope of both State or Territory and Commonwealth Constitutions is required, although the topics will differ in the depth of treatment of specific heads of power, particularly in the Commonwealth sphere. CIVIL PROCEDURE
Court adjudication under an adversary system. The cost of litigation and the use of costs to control litigation. Service of originating process - as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum. Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts. Defining the questions for trial - pleadings, notices to admit and other devices. Obtaining evidence - discovery of documents, interrogatories, subpoena and other devices. Disposition without trial, including the compromise of litigation. Extra-judicial determination of issues arising in the course of litigation. Topics of such breadth and depth as to satisfy the following guidelines. The topics should embrace the general study of rules of civil procedure relevant in the State or Territory. Rules concerning jurisdiction, the initiation and service of process, the definition of issues through pleadings and judgment and enforcement should all be included. EVIDENCE
Opinion evidence and prior determination. the common law and statutory exceptions. Admissions and confessions in criminal cases. Illegally obtained evidence and confirmation by subsequent fact. Topics of such breadth and depth as to satisfy the following guidelines. The topics should include examination of both the sources and acceptability of evidence, including rules concerning the burden and standard of proof and technical rules concerning such matters as hearsay, admissions and confessions, illegally obtained evidence and res gestae. ETHICS AND PROFESSIONAL RESPONSIBILITY
Professional and personal conduct in respect of a practitioner's duty: to clients, including a basic knowledge of the principles relating to the holding of money on trust; and Topics of such breadth and depth as to satisfy the following guidelines. The topics should include knowledge of the various pertinent rules concerning a practitioner's duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles relating to the holding of money on trust.

Source: http://www1.lawcouncil.asn.au/LACC/images/pdfs/LACCPrescribedAcademicAreasofKnowledge-June2008.pdf

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