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Fundamentals of the Common Law (LAWS70217)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
March
Teaching staff:
Judy Bourke (Coordinator)
For current student enquiries, contact the Law School Academic Support Office
April
Teaching staff:
L K Weis (Coordinator)
Erica Grundell
For current student enquiries, contact the Law School Academic Support Office
August
Teaching staff:
Judy Bourke (Coordinator)
For current student enquiries, contact the Law School Academic Support Office
September
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | March April August September |
|---|---|
| Fees | Look up fees |
This is a foundational subject in the Melbourne Law Masters (MLM) which is compulsory for graduates of disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia.
The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice.
The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer.
Indicative list of principal topics:
- How to read and analyse a case
- The concept and use of precedent
- Evolution of a common law principle
- Common law issues: judicial activism, separation of powers
- The role of the High Court and an overview of the Constitution
- The relationship between the Constitution, case law and statute law
- Influences of other sources of law on the common law
- How to read and analyse statutes
- Approaches to statutory interpretation
- Legal writing skills and expectations in the MLM program.
Important information about this Subject
This subject is an important foundational skills-based subject for many common-law focussed subjects in the Melbourne Law Masters. We recommend Masters students needing an introduction to the common law enrol in this subject when they first start their program of study. For most graduate diploma students, Australian Legal Process and Legal Institutions (ALPLI) is the alternative intensive offering.
All students enrolled in the following common-law focussed Masters courses are strongly recommended to take LAWS70217 Fundamentals of the Common Law (if you don't already have prior professional or educational background in the common law):
- Master of Banking and Finance
- Master of Commercial Law
- Master of Construction Law
- Master of Employment and Labour Relations Law
- Master of Energy and Resources Law
- Master of Health and Medical Law
- Master of Intellectual Property Law
- Master of Private Law
- Master of Laws (if you wish to focus on one of these common-law areas above)
More information on course planning in the Melbourne Law Masters.
Intended learning outcomes
A student who has successfully completed this subject will be able to:
- Read a case and identify the relevant facts, the precedential value of the decision, the legal concepts at issue and the legal principle determined in that case
- Explain the sources of law and law-making power in Australia, including the relationship between the Constitution, case law and statute law
- Identify and assess the influence of other sources of law on the common law and on the evolution of common law principles
- Describe different approaches to statutory interpretation and apply these to read and analyse statutes
- Explain the difference between a primary source and a secondary source of law and evaluate the quality of that source for use in legal writing
- Construct a written legal argument in response to a topic, utilising appropriate primary and secondary sources as support for arguments advanced, with appropriate referencing using the Australian Guide to Legal Citation (AGLC).
Last updated: 11 July 2025
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Students who are required to undertake this subject must do so as close to the beginning of their degree as possible.
Corequisites
None
Non-allowed subjects
Students who have a degree in law from, or are admitted to practise in, a common law jurisdiction are not permitted to enrol in this subject except with the permission of the Director, Melbourne Law Masters. Contact the Law School Academic Support Office to request this enrolment.
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 11 July 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Case analysis
| 1 Week after the end of teaching | 20% |
Research Essay
| 8 Weeks after the end of teaching | 80% |
Attendance and Participation Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Additional details
The case analysis and essay are graded on a pass/fail basis.
Last updated: 11 July 2025
Quotas apply to this subject
Dates & times
- March
Principal coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours The intensive March offering is taught in lecture-tutorial format Total time commitment 150 hours Pre teaching start date 12 February 2025 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 12 March 2025 to 25 March 2025 Last self-enrol date 17 February 2025 Census date 14 March 2025 Last date to withdraw without fail 2 May 2025 Assessment period ends 6 June 2025 March contact information
Teaching staff:
Judy Bourke (Coordinator)
For current student enquiries, contact the Law School Academic Support Office
- April
Principal coordinator L K Weis Mode of delivery On Campus (Parkville) Contact hours The intensive April offering is taught in seminar format Total time commitment 150 hours Pre teaching start date 5 March 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 2 April 2025 to 8 April 2025 Last self-enrol date 10 March 2025 Census date 4 April 2025 Last date to withdraw without fail 16 May 2025 Assessment period ends 20 June 2025 April contact information
Teaching staff:
L K Weis (Coordinator)
Erica GrundellFor current student enquiries, contact the Law School Academic Support Office
- August
Principal coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours The intensive August offering is taught in lecture-tutorial format Total time commitment 150 hours Pre teaching start date 9 July 2025 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 6 August 2025 to 19 August 2025 Last self-enrol date 14 July 2025 Census date 8 August 2025 Last date to withdraw without fail 19 September 2025 Assessment period ends 31 October 2025 August contact information
Teaching staff:
Judy Bourke (Coordinator)
For current student enquiries, contact the Law School Academic Support Office
- September
Principal coordinator Judy Bourke Mode of delivery On Campus (Parkville) Contact hours The intensive September offering is taught in seminar format Total time commitment 150 hours Pre teaching start date 6 August 2025 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 3 September 2025 to 9 September 2025 Last self-enrol date 11 August 2025 Census date 5 September 2025 Last date to withdraw without fail 17 October 2025 Assessment period ends 21 November 2025 September contact information
Teaching staff:
Judy Bourke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 11 July 2025
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 11 July 2025