LAWS5019: Semester 1, 2025
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Unit outline_

LAWS5019: Ngura and the Foundations of Laws

Semester 1, 2025 [Normal evening] - Camperdown/Darlington, Sydney

This unit introduces students to the historical development and cultural specificity of the core structure, concepts, and principles of the Anglo-Australian legal system, including responsible government and the roles and functions of legal institutions. Students will be introduced to the Aboriginal concept of ngura (country) and its significance to Aboriginal and Torres Strait Islander legal relations with Anglo-Australian laws and practices in the context of colonisation. Through guided learning activities, students will develop fundamental legal professional competencies, including the ability to find, read, interpret, analyse, and apply case law and statutes to simple legal disputes. Students will also learn how to solve problems and formulate arguments about diverse ideas and perspectives of law and legal practice both independently and collaboratively. High-level English language proficiency demonstrated through oral and written communication skills, is an inherent requirement of the discipline and practice of law and is essential for the satisfactory completion of this unit.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS5000
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Nicole Graham, nicole.graham@sydney.edu.au
Lecturer(s) Nicole Graham, nicole.graham@sydney.edu.au
Tutor(s) David Anthony Pittavino, david.pittavino@sydney.edu.au
Janis Dunnicliff, janis.dunnicliff@sydney.edu.au
The census date for this unit availability is 31 March 2025
Type Description Weight Due Length
Small continuous assessment hurdle task Small in-class continuous assessment
In-tutorial skills assessment.
45% Multiple weeks
Closing date: 30 May 2025
3x 20 minutes each
Outcomes assessed: LO1 LO2 LO3 LO4
Participation hurdle task Participation (25%)
Active engagement in group and class discussion of tutorial questions and learning materials; lead one tutorial.
25% Ongoing
Closing date: 30 May 2025
1 x 2-hour tutorial
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment hurdle task group assignment AI Allowed Collaborative Legal Writing Task (30%)
Collaborative Legal Writing
30% STUVAC
Due date: 07 Jun 2025 at 23:00

Closing date: 07 Jun 2025
2,000 words excluding references/12 wks
Outcomes assessed: LO1 LO2 LO3 LO4
hurdle task = hurdle task ?
group assignment = group assignment ?
AI allowed = AI allowed ?

Assessment summary

PARTICIPATION (25%)

Communication and collaboration in tutorials are essential to success in this unit. In Week 1, you will be assigned to (i) a tutorial team and (ii) a tutorial week which you will lead. When you are the designated Team Leader, you will encourage and facilitate discussion of the materials and questions in your team, and report the team’s final responses to the class in the second hour of the tutorial. To successfully demonstrate collaboration and communication, you will need to prepare both the required and optional learning materials for that topic, and share your prepared written responses with your team members as a prompt for team conversation during class before the whole-of-class discussion. Your weekly participation in team and class discussion is worth 10 marks and your tutorial leadership is worth 15 marks. Further instructions and the marking rubric are available via Canvas.

SMALL CONTINUOUS IN-CLASS ASSESSMENT (45%)

Small in-class assessments are conducted under examination conditions. You must arrive at your allocated tutorial on time with your student ID card which you will display on your desk. You are not permitted to sit an in-class assessment without your student ID card present. You are not permitted to attempt a skills assessment in a different tutorial time. There are three 20-minute skills assessments, one each in Weeks 5, 10, and 13. You will undertake each assessment in your tutorial covering the following topics: 

  1. Connection, Colonisation, Constitution, Country (Week 5)
  2. Common Law and Legislation (Week 10)
  3. Theories of Law and Justice (Week 13)

Further instructions and the marking rubric will be made available via Canvas closer to the time.

COLLABORATIVE LEGAL WRITING TASK (30%)

You will be allocated to a writing group in Week 3. Your writing group will be presented with a real-life problem of legal significance. This group task will assess both the product and the process of your collaboration. Your mark for this task will comprise both a shared group mark for the product and an individual mark for the quality of your contribution to the collaborative process.

Together you will:

  1. organise, schedule and record outcomes of regular meetings;
  2. find, interpret, analyse, synthesise and apply common law and/or legislation to describe your client’s problem;
  3. critically evaluate your client’s problem;
  4. write a solution to support your client's interest in the form of either a judicial decision (if case law) OR proposal to repeal, amend or introduce a new statutory provision (if legislation) OR State or Commonwealth constitutional amendment;
  5. describe and rate the quality of each team member’s contribution in 100 words max (excluded from word limit) following a supplied rubric;
  6. select the team member to upload the task to Canvas. 

Each individual member of the group must also describe and rate the quality of their own contribution to the process and the product on thh supplied rubric (excluded from word limit). Each individual member of the group must upload this to Canvas themselves.

One team member will upload your team's writing task (2,000 words maximum, excluding references) to Canvas by 11:00pm Saturday 7 June 2025 (Sydney Australia time). The collaborative product is worth 24 marks, with every member of the group receiving the same numerical result for it, corresponding approximately to the mark required to satisfy the standard grades: High Distinction 21/24; Distinction 18/24; Credit 16/24; Pass 12/24. The collaborative process is worth 6 marks, with group members receiving individual marks from the marker taking into account both the self and group evaluations of your contribution to the collaborative process.

Referencing must be made using footnotes (not bibliography) and apply the AGLC Style Guide for both initial and subsequent references. Detailed instructions, the marking rubric and cover sheet will be supplied via Canvas in Week 3. Note: automated simple extensions are unavailable for this task. 

HURDLE TASKS

All assessments in this unit are designated as a HURDLE TASK. This means you must undertake the assessment and achieve a mark above a minimum standard. Students who fail to achieve the minimum standard of [50%] in these assessments, even when their aggregate mark for the entire unit is above 50%, will be given a Fail grade for the unit. As a result, the student's academic transcript will show a fail grade and the actual mark achieved if between 0-49 or a fail grade and a capped moderated mark of 49 for all other marks.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all references, and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted).

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard. 

Result name 

Mark range 

Description 

High distinction 

85 - 100 

• Completely answers the question. 
• Contains striking originality of approach or analysis. 
• Demonstrates exhaustive or innovative research (where independent research 
required). 
• Exceptionally well written, structured and expressed. 
• Is otherwise exceptional in some way. 

Distinction 

75 - 84 

• Completely answers the question. 
• Achieves a critical and evaluative approach to the issues. 
• Content and structure is well organised in support of the argument. 
• Demonstrates extensive research and analysis to support a well-documented 
argument. 
• Generally well expressed and free from errors. 
• Has a clear structure and is well articulated. 

Credit 

65 - 74 

• Covers main issues fairly well in answering the question. 
• Contains no significant errors 
• Demonstrates an attempted critical approach to the issues. 
• Demonstrates reasonably sound research and analysis in addressing the key issues. 
• Has a clear structure and reasonably clear expression. 

Pass 

50 - 64 

• Identifies the key issues, but may not follow through with a reasoned argument. 
• Displays satisfactory engagement with the key issues. 
• Offers descriptive summary of material relevant to the question. 
• Superficial use of material, and may display a tendency to paraphrase. 
• Demonstrates little evidence of in-depth research or analysis. 
• Adequate expression. 
• Overall, demonstrates the minimum level of competence in the assessment and 
satisfies the requirements to proceed to higher-level studies in the degree or subject 
area. 

Fail 

0 - 49 

• Does not answer the question. 
• Contains significant or numerous errors. 
• Few or no identifiable arguments. 
• Content that is inappropriate or irrelevant. 
• Lack of research or analysis. 
• Difficult or impossible to understand through poor grammar, expression or 
structure. 
• Overall, does not demonstrate the minimum level of competence in the 
assessment. 

For more information see Guide to Grades. 

For more information see guide to grades.

Use of generative artificial intelligence (AI) and automated writing tools

Except for supervised exams or in-semester tests, you may use generative AI and automated writing tools in assessments unless expressly prohibited by your unit coordinator. 

For exams and in-semester tests, the use of AI and automated writing tools is not allowed unless expressly permitted in the assessment instructions. 

The icons in the assessment table above indicate whether AI is allowed – whether full AI, or only some AI (the latter is referred to as “AI restricted”). If no icon is shown, AI use is not permitted at all for the task. Refer to Canvas for full instructions on assessment tasks for this unit. 

Your final submission must be your own, original work. You must acknowledge any use of automated writing tools or generative AI, and any material generated that you include in your final submission must be properly referenced. You may be required to submit generative AI inputs and outputs that you used during your assessment process, or drafts of your original work. Inappropriate use of generative AI is considered a breach of the Academic Integrity Policy and penalties may apply. 

The Current Students website provides information on artificial intelligence in assessments. For help on how to correctly acknowledge the use of AI, please refer to the  AI in Education Canvas site

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Please note a 59-minute buffer time will be set on the submission box to account for any last-minute tech delays. Submissions date stamped 8 June onwards without a grant of Special Consideration will receive a late penalty of 20% for each delay of 24 hours.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 1. Welcome to Class of '25! Fundamental Legal Skills Lecture (2 hr) LO1 LO2
1. Welcome to Class of '25! Legal Skills Exercises Tutorial (2 hr) LO2 LO4
Week 02 2. Historical Development of Anglo-Australian Law (1) Lecture (2 hr) LO1 LO2
2. Australian Wars, Sovereignty, Reception, Truth-Telling Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 03 3. Historical Development of Anglo-Australian Law (2) Lecture (2 hr) LO1 LO2
3. Westminster System, Federation, the Constitution Tutorial (2 hr) LO1 LO2 LO4
Week 04 4. Ngura (1) Lecture (2 hr) LO3
4. Relationality, Responsibility, Law, Culture. Tutorial (2 hr) LO3 LO4
Week 05 5. Ngura (2) Lecture (2 hr) LO3
5. Cultural Authority, Kin, Language, Nation. Tutorial (2 hr) LO3 LO4
Week 06 6. Common Law and Equity (1) Lecture (2 hr) LO1
6. Precedent, Court Hierarchy and Judicial Administration. Tutorial (2 hr) LO1 LO4
Week 07 7. Common Law and Equity (2) Lecture (2 hr) LO2
7. Case Law Literacy. Elements of a Case and How to Read Them. Tutorial (2 hr) LO1 LO2 LO4
Week 08 8. Common Law and Equity (3) Lecture (2 hr) LO1 LO2
8. Judicial Reasoning. Leeways and Choices. Tutorial (2 hr) LO1 LO2 LO4
Week 09 9. Legislation (1) Lecture (2 hr) LO1 LO2
9. Legislative Process. Making, Repealing and Changing Statutes. Tutorial (2 hr) LO1 LO2 LO4
Week 10 10. Legislation (2) Lecture (2 hr) LO2
10. Interpreting Statutes. Indeterminacy, Constructional Choice, the Modern Approach. Tutorial (2 hr) LO1 LO2 LO4
Week 11 11. Theories of Law and Justice Lecture (2 hr) LO1 LO4
11. What is Law? What is Justice? Tutorial (2 hr) LO1 LO3 LO4
Week 12 12. Legal Subjectivity Lecture (2 hr) LO3 LO4
12. Who is the Legal Subject? Reasonableness, Autonomy, Relationality. Tutorial (2 hr) LO3 LO4
Week 13 13. Legal Theory in Practice Lecture (2 hr) LO1 LO2 LO3 LO4
13. Legal Pluralism and the Commonwealth Tutorial (2 hr) LO1 LO3 LO4

Attendance and class requirements

Your Tutorial Day/Time: You must attend the tutorial to which you have been allocated. You will not be permitted to attend another tutorial day/time. The Unit Coordinator and the Tutors in this unit have no authority or means by which to change your tutorial day/time - it is a University process beyond the control of Law School personnel.

Attendance: Your attendance at tutorials will be recorded by your Tutor every week. You are required to attend 70% of tutorials to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).  This means that if you miss 4 tutorials, for any reason, you will fail the unit of study

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

You must prepare for each week by reading and/or viewing the Required Learning Materials for that week.

Optional Learning Materials are suggested if you would like further support and/or further information on the topic.

Optional learning materials are strongly recommended when you prepare to serve as Tutorial Leader. 

Please consult the Ngura Learning Guide available on Canvas for the detailed list of learning materials.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand and critically evaluate the historical development and cultural specificity of the structure, concepts and principles of the Anglo-Australian legal system.
  • LO2. find, interpret, analyse, synthesise and apply common law and legislation to solve problems using the principles of legal reasoning and statutory interpretation.
  • LO3. understand the Aboriginal concept of Ngura (Country) and critically analyse its significance to Aboriginal and Torres Strait Islander legal relations with Anglo-Australian laws and practices in the context of colonisation.
  • LO4. formulate and defend coherent arguments about diverse ideas and perspectives of law and legal practice both independently and in collaboration with peers, using high-level English language oral and written communication skills.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

This is a new unit of study.

Aboriginal and Torres Strait Islander students should be aware that this unit of study will present material which contains images, voices and names of deceased persons. In some Aboriginal and Torres Strait Islander communities, hearing recordings, seeing images or the names of deceased persons may cause sadness or distress and in some cases, offend against strongly held cultural prohibitions.

Some lecture content and learning materials contain words, descriptions and terms which are culturally sensitive and that reflect authors’ views, or those of the period in which the content was created, but may not be considered appropriate today. These views are not necessarily the views of the lecturers and tutors in this unit of study. While the information may not reflect current understanding, it is provided in an historical context as relevant to develop your knowledge of Anglo-Australian law and jurisprudence.

If you would like further information and/or advice about support services for students at the University, please visit the Student Life website here https://www.sydney.edu.au/study/student-life.html 

Aboriginal and Torres Strait Islander students may also choose to access support services by calling 13YARN (13 92 76) or visit the Gadigal Centre on campus. 

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

This unit of study outline was last modified on 20 Feb 2025.

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