Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Judith Preston
Contact via judith.preston@mq.edu.au
N/A
By Appointment
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MEnvLaw or PGCertEnvLaw or PGDipEnvLaw or MIntEnvLaw or PGCertIntEnvLaw or PGDipIntEnvLaw or LLM or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800 level)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
The unit will critically examine the adversarial and consensual modes of dispute resolution in the environmental context. The nature and scope of environmental disputes will be explored. The unit includes a consideration of international approaches to and institutions for environmental dispute resolution. The New South Wales Land and Environment Court will provide a focus for analysis of evidence and procedure. Comparative approaches from other jurisdictions with respect to litigation and public participation will be discussed. Mediation and other consensual approaches to environmental decision making will also be examined.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Quiz | 20% | Wednesday 23 September 2015 |
EDR Practice Exercise | 20% | Wednesday 30 September 2015 |
Research Paper | 60% | Monday 9 November 2015 |
Due: Wednesday 23 September 2015
Weighting: 20%
There will be a short quiz consisting of multiple choice and short answer questions designed to test your understanding of the basic concepts of the unit and to provide early feedback. This quiz is will be available from 9:00am on Monday 21st of September. It is due by 12:00am on Wednesday 23rd of September 2015.
Due: Wednesday 30 September 2015
Weighting: 20%
Students will prepare a short document for litigation - such as an originating application - before a relevant Court or Tribunal in NSW based on a fact scenario. The application will be limited to, say, four pages (with details given at the OCS).
Due: Monday 9 November 2015
Weighting: 60%
Students are to complete an independent research paper on a topic of their choice related to this Unit. This task allows students to undertake in depth research and analysis of a specific aspect of litigation and mediation. A brief outline of the research question and structure of the paper should be submitted to the Convenor for approval by the close of the OCS on 18 September 2015. This is to ensure that the topic is suitable and the structure and content appropriate.
The paper should be well structured including sub-headings where appropriate. The introduction should set out the scope of the paper. You need to include sufficient detail of the specific legal principles or regime and analysis/application of that law. Your conclusion should include recommendations for new law, law reform, further research and/or creative application of the existing law where appropriate. The essay should be fully referenced according to the Australian Guide to Legal Citation. [Maximum Word Length 4000 words.]
This course will be delivered as an intensive unit from Thursday October 2-Saturday October 4, 2014 between 9.00-5.00pm.
The course will be delivered in lectures with provision for class discussions. All students are expected to resad the reading materials provided on Ilearn and refer to texts recommended prior to the commencement of the OCS.
The moot exercise will be conducted as a group task. The task will be marked as a group task.
There is no prescribed textbook. All materials for this unit are on e-reserve or accessible via the internet.
The Reading List, with details of the materials,is provided on ILearn.
In addition to the set reading there are a range of textbooks available from the university library which
you may find useful or if you wish to do some extra reading on a particular topic. The following list is notexhaustive and a search of the library catalogue may reveal other useful texts.
For students new to the study of law we recommend:
Michelle Sanson, David Worswick and Thalia Anthony, Connecting with Law (Oxford University Press, 2009).
Trischa Mann (ed), Australian Law Dictionary (Oxford University Press, 2009).
The following text is an excellent aid for academic writing and university study in general:
Jean Brick, Academic Culture: A Students Guide to Studying at University(NCELTR Publications,2009)
Other relevant texts include:
L S Bacow and M Wheeler, Environmental Dispute Resolution (Plenum Press, 1984).
Gerry Bates, Environmental Law in Australia, (LexisNexis Butterworth's, 8th ed, 2013)
U Beyerlin, et al (eds), Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue between Practitioners and Academia (Martinus Nijhoff Publishers, 2006).
D E Fisher, Australian Environmental Law (Lawbook,2014).
Michael Freeman, Alternative Dispute Resolution (New York University Press, 1995).
Rosemary Lyster, et al, Environmental and Planning Law in NSW (Federation Press, 2013).
Brian J Preston, Environmental Litigation (Law Book, 1989).
Roger Sidaway, Resolving Environmental Disputes: From Conflict to Consensus (Earthscan, 2005).
Tania Sourdin, Alternative Dispute Resolution (Thomson Reuters, 4th ed, 2012).
David Spencer and Samantha Hardy, Dispute Resolution in Australia: Cases, Commentary andMaterials (Thomson Reuters, 2nd ed, 2009).
David Spencer, Essential Dispute Resolution (Cavendish Publishing, 2nd ed,2005)
Michael Legg(ed),The Future of Dispute Resolution, (Lexis Nexis Butterworths,2013)
Some useful journals are:
Australasian Dispute Resolution Journal
Environmental and Planning Law Journa
Commercial Dispute Resolution Journal
International Journal of Sociology and the Law
Journal of Dispute Resolution
Journal of environmental law and litigation
Journal of International Arbitration
Local Government Law Journal
Negotiation Journal
Ohio State journal on dispute resolution
Pepperdine dispute resolution law journal
Willamette journal of international law and dispute resolution
Austlii - www.austlii.edu.au
Land and Environment Court of NSW - http://www.lawlink.nsw.gov.au/lec
Environmental Defenders Office - http://www.edo.org.au
There is no assessment for class participation.
There are comprehensive reading materials available for this unit on ILearn.
Day 1 of the OCS – 16 September 2015
9.00-10.30
1 Introduction – Administration, Introductions, Course Aims and Themes
2 Characteristics of Environmental Disputes
10:30-11.00
Morning Tea Break
11:00-12:30
3 Overview of Environmental Dispute Mechanisms
4 Overview of the Court System & Tribunals
The Judicial System – Hierarchy etc
Specific bodies:
12:30-1.30
Lunch
1:30-3.00
5 Types of Environmental Disputes - Merits Review, Judicial
Review and Civil Enforcement
3:00-3:30
Afternoon Tea
3:30-5:00
6 Remedies
Day 2 of the OCS - 17 September 2015
9.00-10.30
7 Limitations
10:30-11.00
Morning Tea Break
11:00-12:30
8 Overview of public interest litigation
12:30-1.30
Lunch
1:30-3.00
9 From Genesis to Judgment – Practicing in the Land & Environment Court
3:00-3:30
Afternoon Tea
3:30-5:00
10 Litigation – Guest Lecturer: A Barrister’s Perspective on Advocacy (TBC)
Day 3 of the OCS - 18 September 2015
9.00-10.30
11 Overview of Mediation/Conciliation
10:30-11.00
Morning Tea Break
11:00-12:30
12 Mediation – Mediating in Environmental Disputes: Lessons, Tips & Pitfalls (TBC)
12:30-1.30
Lunch
1:30-3.00
13 International Developments
14 Future trends
3:00-3:30
Afternoon Tea
3:30-5:00
15 Science in the Court Room
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