Pre-reading Materials
The following texts are recommended for those students wanting to get some grounding in some of the main themes or subjects of the course before it commences.Legal Method and Reasoning
Cook, C, Creyke, R, Geddes, R & Hamer, D 2005, Laying Down the Law, 7th ed, LexisNexis Butterworths.
Cross, R & Harris, JW 1991, Precedent in English Law, 4th ed, Oxford University Press: Clarendon Law Series.
Principles of Public Law
Saunders, C 2003, It's Your Constitution, 2nd ed, Federation Press.
Torts
Davies, M & Malkin, I 2008, Torts, 5th ed, LexisNexis Butterworths.
Luntz et al 2009, Torts: Cases and Commentary, 6th ed – to be released in January 2009.
Paterson, J, Robertson A & Duke, A 2009, Chapters 1 & 2, Principles of Contract Law, 3rd ed, Thomson Reuters – to be released in January 2009.
In the meantime, there are several copies of the 2nd ed by Paterson, Robertson and Heffey on reserve in the Law Library.
Paterson, J, Robertson A & Duke, A 2009, Chapters 1 & 2, Contract: Cases and Materials, 11th ed, Thomson Reuters – to be released in January 2009.
In the meantime, there are several copies of the 10th ed by Paterson, Robertson and Heffey on reserve in the Law Library.
Dispute Resolution
The textbook for the subject will be Litigation: Vol 1, 7th ed, J. Hunter, C. Cameron and T. Henning (“TB”).
1. Alternative Dispute Resolution
TB, pp 36-42
Frank Sander and Stephen Goldberg, “Fitting the forum to the fuss: A user-friendly guide to selecting an ADR procedure” Negotiation Journal, January 1994, 69.
2. Overview of civil justice system; theories of justice and cost of litigation
TB, pp1-15
Adrian Zuckerman, “Justice in Crisis: Comparative Dimensions of Civil Procedure” in Adrian Zuckerman ed. Civil Justice in Crisis (1999), pp3-21 Multiplex Funds Management Limited v P Dawson Nominees Pty Limited [2007]
FCAFC 200
3. Case management
TB, pp1-15
Queensland v JL Holdings Pty Ltd (1997) 141 ALR 353
Mark French v Triple M Melbourne Pty Ltd [2006] VSC 36
4. Commencing proceedings
TB, pp 62-63 and 72-95
5. Joinder and class actions
TB, pp 97-120
Bernard Murphy and Camille Cameron, ‘Access to Justice and the Evolution of Class Action Litigation in Australia’ (2006) 30 (2) Melbourne University Law Review 399
6. Discovery
TB, Chapter 7
Gunns Ltd & Ors v Alexander Marr & Ors [2008] VSC 464
There are also a couple of other books that are not formally background reading but that you might find interesting as an introduction to thinking about law:
- Peter Goodrich, Reading the Law (Blackwells)
- Tony Honore, About Law (Oxford)