266. PRINCIPLES OF EVIDENCE

Mr. J. A. Gobbo and Dr. C. L. Pannam A course of two classes a week throughout the year.

SYLLABUS

This course deals with the general principles of the Law of Evidence, the manner in which evidential material is presented to the Court, the rules as to what witnesses may present evidence to the Courts and as to what evidence will be rejected by the Courts.

The common law system has, during the past three centuries, developed a detailed set of rules governing the reception of evidence by Courts. These rules were origi- nally devised with the purpose of ensuring as far as possible that evidence which might have to be evaluated by a jury should be trustworthy

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fore developed its rules with a view to providing a guarantee in advance as to the probable trustworthiness of evidence which might be tendered. Its original rules have been much modified by statute since the middle of the nineteenth century but the original structure has remained and (if one assumes the accuracy of its under- lying assumptions) presents a logical and coherent body of principles.

This course discusses the Law of Evidence as such a body of principles and concentrates especially on analysing them and exhibiting their interconnection. In this respect it adopts a different approach to the practical method of dealing with problems of evidence and proof which is often encountered in the course of actual court work; the latter method of approach, concentrating particularly on the practical problems presented by the existing body of principles, is dealt with in the course Problems of Proof.

BOOKS

Prescribed textbook:

Cross, R., Evidence. (3rd ed., Butterworth, 1967.) (A new Aust. ed. will be published in 1968.)

Recommended for reference:

Cockle, E., Leading Cases and Statutes on the Law of Evidence. (9th ed., Sweet and Maxwell, 1957.)

Baker, R. W., The Hearsay Rule. (Pitman, 1950.)

Students are also required to obtain the Evidence Act, 1958.

EXAMINATION

One 3-hour paper for Pass or for Honours respectively.

258.

PRINCIPLES OF PROPERTY AND CONVEYANCING

Mr. R. Sackvi

ll

The course is concerned with an analysis of the basic principles of the law of property.

This study transcends the traditional boundaries of real and personal property, although for reasons of time and convenience, most topics to be discussed are those usually considered under the rubric of "real property."

The course commences with an inquiry into the meaning of the concept of property and the purposes that are, or ought to be fulfilled by the law of property.

There is then a critical analysis of some of the traditional concepts and classifications adopted by the common law in the context of a study of the law of fixtures. After a brief consideration of the impact of the Commonwealth Constitution upon the law of property the following topics are discussed: possession as a proprietary interest in land and goods; some basic concepts such as seisin and title; the fragmentation of proprietary interests, including the doctrines of tenure and estates, an introduction to future interests, the rules relating to concurrent proprietary interests; the develop- ment of legal and equitable interests, including a comparative treatment of their nature, extent and sphere of enforceability; the freehold estates in land with emphasis upon the reconciliation of the interests of the holder of the fee simple estate and all the community; the operation of the Settled Land legislation and trusts for sale; the acquisition of proprietary interests, with emphasis upon gifts of choses in possession and the operation of the Limitation of Actions Act in relation to interests in land; commercial transactions involving leasehold interests in land and bailment of goods; private planning in relation to land by means of easements, re- strictive covenance, profits; security transactions with emphasis upon mortgages of interests in land; an introduction to the Torrens system of registration of interests in land; some problems relating to the reconciliation of the needs of the community and the desires of the holders of proprietary interests, in particular problems of plan- ning of land resources (for example, zoning).

BOOKS

(a) Prescribed for preliminary reading:

Lawson, F. H., The Law of Property. (O.U.P., 1958.) 60

(b) Prescribed books:

'Harrison, W. N., Cases on Land Law. (Law Book Co., 2nd ed., 1965.) Either 'Megarry, R. E., and Wade, H. W. R., The Law of Real Property. (3rd ed.,

Stevens, 1966.)

or 'Cheshire, C. C., Modern Real Property. (10th ed., 1967, Butterworth.) Students must obtain copies of the following Acts which will be used in classes:

'Property Law Act 1958.

'Settled Land Act 1958.

'Landlord and Tenant Act 1958.

'Transfer of Land Act 1958.

'Limitation of Actions Act 1958.

'Town and Country Planning Act 1961.

(c) Recommended for reference:

Vaines, J. C., Personal Property. (3rd ed., Butterworth, 1962.) Jackson, D. C., Principles of Property Law. (Law Book Co., 1967.) Voumard, L., Sale of Land. (2nd ed., Law Book Co., 1965.) EXAMINATION

One 3-hour paper for Pass or for Honours respectively. Candidates for Honours will be required to submit written work during the year.

272. PRIVATE INTERNATIONAL LAW Professor C. Howard and Professor E. I. Sykes A course of two classes per week throughout the year.

SYLLABUS

Private International Law is concerned with the problems which arise when a foreign element enters into a legal transaction or problem. In this course particular attention is given to problems of jurisdiction that is to say the rules determining when a Victorian Court would assume jurisdiction in a case containing a foreign component; choke of law, that is to say the rules for determining the selection of the most appropriate law for the decision of a particular problem once a Victorian Court has assumed jurisdiction; and foreign judgments, that is to say the rules which a Victorian Court will apply in deciding whether to recognize and in ap- propriate cases to enforce a foreign judgment or order. Private International Law in Australia is concerned with both international and interstate problems. In the interstate sphere, the solution of problems may be affected by the existence of special legislation, by the provisions of the Commonwealth Constitution, and by the fact that the units are States of the same Commonwealth.

BOOKS

(a) Prescribed textbook:

'Sykes, E. I., Cases and Materials on Private International Law. (Law Book Co., 1962.)

(b) Recommended for reference:

Cheshire, C. C., Private International Law. (7th ed., Butterworth, 1965.1 Cowen, Z., and Mendes da Costa, D., Matrimonial Causes Jurisdiction. (Law

Book Co., 1961.)

Dicey, A. V., Conflict of Laws. (7th ed., Stevens 1958.)

Cook, W. W.,

Cowen, Z., Bilateral Studies American-Australian Private International Law.

(Oceana Publications, 1957.)

EXAMINATION. One 3-hour paper, for Pass and Honours respectively.

281. PROBLEMS OF PROOF This subject will not be available in 1969.

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