LAWS1052 in-class test (2 Viewers)

Lazarus

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Originally posted by Golani
Can i just pick your brain about where does equity and the development of equity come in, and the topic of settlement? (blackstone and friends).
Equity is all about making certain that justice is served. The common law doesn't always provide a remedy, or, if it does, the remedy isn't always adequate. Equity attempts to cater for this. (You might remember from your readings that the old chancery courts developed from the king's discretionary decisions based on the specific facts of a single case.)

In Bulun Bulun, it was acknowledged that it is not possible for the common law to recognise communal title (204 at 35). Counsel for the applicant therefore sought a remedy based on 'equitable principles', which was the only avenue that was open to them. Equitable relief is only available where (a) the common law does not provide an adequate remedy, (b) the specific facts of the case warrant it and (c) such relief accords with the 'maxims of equity'.

Milpurrurru was denied access to equitable relief because the common law had been able to provide an adequate remedy. I also thought it was interesting that von Doussa J pointed out by way of obiter exactly what Bulun Bulun needed to do (or needed to refrain from doing) next time this issue arose in order to ensure that Milpurrurru had access to equitable relief.

You should be able to cover any settlement-related issues yourself (otherwise, be more specific :)).
 

mp3mojo

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quick question: is the counsel the same thing as the barrister? ta :)
 
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stamos

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Originally posted by Lazarus
i'll explain this case because i'm smart
:santa: =laz

thankyou for this stuff- it's gold... i think i'll go alright now :)

edit: oooh and one thing i don't get is what role the attourney general and the minister had in the case... who were they representing? hopefully somone knows cuase i can't work it out :(
 
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wateva~

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anyone knows bout 'RULE OF LAW' and PUBLIC POLICY for the case? i mean...i hav a rough idea but i dont know how to blab on for 20 lines in a big 10 mark question. Can somebody give me a ROUGH outline of the sort of stuff u shoudl mention~ just brief outline will do so i know whether im headin in the right direction....thanks
 

Nick

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are we allowed to bring printouts from the net into the exam

i know my teacher stressed that we are not allowed to bring in books from a library
 

Golani

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firstly Laz thanks a million for the help, really, good on ya!

About settlement, indeed i have to go through and sort it out, but i would just like to know if you think that it's as big of an issue as the rule of law, equity and public policy.

ta :)
 

sugared plum

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Originally posted by Golani
firstly Laz thanks a million for the help, really, good on ya!

About settlement, indeed i have to go through and sort it out, but i would just like to know if you think that it's as big of an issue as the rule of law, equity and public policy.

ta :)

i think it's a big issue, i doubt the essay questions will be on public policy as it was that in the 'practice' , and last year was rule of law. it wouldn't make MUCH sense for them to repeat. but yes, settlement is big in this case - the idea of HOW the law came to australia, and how it developed, and it's all good reference to the case. they ever have a gaudron J quote in the case. it's SCREAMING for a question imo
 

sugared plum

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Originally posted by Nick
are we allowed to bring printouts from the net into the exam

i know my teacher stressed that we are not allowed to bring in books from a library
yes you are, and you can bring photocopies of library books, but just no library books cos it's deemed unfair as not everyone can get a library book
 

sugared plum

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Originally posted by wateva~
anyone knows bout 'RULE OF LAW' and PUBLIC POLICY for the case? i mean...i hav a rough idea but i dont know how to blab on for 20 lines in a big 10 mark question. Can somebody give me a ROUGH outline of the sort of stuff u shoudl mention~ just brief outline will do so i know whether im headin in the right direction....thanks
if i were given a 'rule of law' question, i would be a bit upset cos there's not that much you can talk about in relation to the case. i mean you might want to say that because everyone is theoretically under the same law, and has rights and responsibilities, 'even' aboriginies have rights...but then you could look at it more critically, saying that in practice this is not usually the case - counsel is expensive, services seem inhospitable and uninviting to aboriginies - cite the history of bad relationships between aborginies and the australian legal system. umm yeah rule of law, checks and balances on power, so big powerful textile companies cna't just take from the 'corpus of ritual knowledge' for their own benefit.

as for public policy, think about 'policy' - some kind of aim/aspiration/goal of a society, and policies - the rules/regulations developed to create that goal. maybe you could somehow tie in ideas of Aboriginal law with the common law? and how it attempted to create a policy? through combining policies??
man that is convoluted, i'm not sure.
*hopes there is not a public policy question*
 

rukawasan

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somebody explain to me how rule of law ties in please?
ive got my test 2moro at 9
 

sugared plum

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Originally posted by mp3mojo
quick question: is the counsel the same thing as the barrister? ta :)
yeah, the counsel is the person who appears in court as an advocate, usually a barrister, but sometimes solicitors appear in court too
 
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Newbie

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i reckon settlement would be a 5 marker max
everyones gona be pumped full of stuff from cooper that there would be no point
 

addz

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In modern times, law students have summed up the meaning of the maxims as: Equity taketh no shit.

from that maxims of equity..

LOL
 

Newbie

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excuse me laz
you didnt have mehara for foundations did you?
 

sugared plum

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Originally posted by stamos
:santa: =laz

thankyou for this stuff- it's gold... i think i'll go alright now :)

edit: oooh and one thing i don't get is what role the attourney general and the minister had in the case... who were they representing? hopefully somone knows cuase i can't work it out :(

the attorney-general of the NT "sought leave to make a submission, as amicus curiae [which means friend of the court - a barrister who advises on legal issues] on the power of the court to make a determination as to the existence of native title rights" because of the way in which the amended statement of claim was worded.
"the minister and the Attorney-General were concerned that the pleadings claimed that 1. the intellectual property rights in the artistic work were an incident of native title 2. being an incident of native title the intellectual property rights constituted an interest in land; and 3. the Ganalbingu People were entitled to a determination in these proceesings that they were the native title holders fo the Ganalbingu country." So basically the attornygeneral and minister wanted to make sure the court knew that it was "without jurisdiction to make a determination of native title in these proceedings"
 

Lazarus

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Originally posted by Golani
About settlement, indeed i have to go through and sort it out, but i would just like to know if you think that it's as big of an issue as the rule of law, equity and public policy.
No, I don't think it is. Newbie pointed out that it would probably be worth a maximum of 5 marks - I agree. I don't think the rule of law or public policy are too relevant either.

I'm convinced the big ones will revolve around equity and customary law.

Originally posted by Newbie
excuse me laz
you didnt have mehara for foundations did you?
Nah. I had Chris Forster (who was fantastic). I don't think she's teaching it this year though.
 

Newbie

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is it likely they will change the big ones around?

both your guesses were COOOOOOOOORRECT :D :D :D for todays exam
but mines tomorrow :D
 

Lazarus

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I think there are generally around four or five big questions set and then each of the four class timeslots is assigned two of them (with some overlap).

It seems likely, in my mind, that you'll have one of them in your test. I doubt you'll get both though. :)
 

Newbie

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would the question "Critically evaluate the judge's decision ......."
require me to talk about public policy, rule of law, equity all together?
 

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