The course aims to introduce students to central questions and themes in Australian legal history.  It will consider important questions relating to historical events and legal developments in Australia from 1788 to the end of the twentieth century. The course also aims to further develop students' research and essay writing skills. With a significant guided research and writing component, it is a course that is suitable preparation for students who are planning to undertake the research paper for Honours. Students will be required to write a research essay and will be encouraged to choose a topic relating to their own interests in Australian legal history.

The proposed topics for class discussion include sovereignty, colonial rule, the reception of English law and the early colonial courts. This will be followed by consideration of the journey from repugnance to independence including examination of uniquely Australian colonial legislation and related laws of the nineteenth century. Consideration of the limitations of colonial law when responding to frontier violence and rebellion during this period will enable examination, from a legal perspective, of some focal events such as the Rum Rebellion, the Myall Creek massacre, the Eureka stockade and the trial of Ned Kelly. The course will also examine early Australian environmental laws and natural resource use that have shaped the landscape and the exploitation of the natural environment of the Australian continent. Moving towards the twentieth century, the course will consider pathways to Federation and influences that shaped our Constitution and legal institutions. This will be followed by examination of the Australian High Court in the twentieth century, including patterns of Australian doctrinal development, deference to the English courts, the role of the Privy Council and the influence of a selection of significant English cases on Australian law. The Australian notion of the separation of powers will be examined in an historical context. Finally, consideration of some more recent legally and historically significant events, such the Chamberlain case, legal independence through the Australia Acts 1986 and reflections on Mabo, will complete the course.

 At the conclusion of this course it is expected that students will be able to:

• demonstrate a thorough knowledge and understanding of central themes and questions relating to Australian legal history
• formulate oral and written arguments in response to questions about aspects of Australian legal history
• analyse a selection of primary historical and legal source material (copies of source material provided as part of course materials)
• formulate a research proposal for a research essay
• utilise legal databases and other reference sources to research case law, legislation, scholarly journal articles and relevant historical materials
• devise, focus and manage a research and writing project in the field of Australian legal history
• consistently and accurately use legal citation conventions in the course of legal writing.

In this course students will complete a research proposal and a research essay (approx 3000 words in length) worth 50% of the assessment and a final examination (essay questions) also worth 50% of the assessment for the course. 

Completed or completing five LAWS courses at 1000 level.

Materials will be made available in reading brick and online format.