Introduction to Business Law – Lecture 1 & Unit Orientation

Administrative Information

  • CRICOS Provider Code: 00301J
  • Unit: Introduction to Business Law
    • Unit Coordinator: Dr Stephen Monterossso
    • Office: Room 407.329
    • Telephone: 9266 3879
    • Email: s.monterosso@curtin.edu.au
    • Availability: Happy to see students Mon–Thurs by appointment.
  • Students are repeatedly reminded to read the Unit Outline; most routine queries are answered there and staff will redirect questions to the relevant page number.

Blackboard & Digital Platforms

  • Access via www.oasis.curtin.edu.au using personal username & password.
  • Material posted regularly (check often):
    • Lecture PowerPoint slides & iLectures
    • Unit outline
    • Assignments, rubrics & additional resources
    • Announcements
  • A duplicate reminder slide (Page 13) reinforces the importance of logging in weekly.

Communication Protocols

  • Email etiquette:
    • Always include full name and student number.
    • Provide a clear, relevant subject heading.
    • Use polite, professional language — no SMS slang.
    • Email is not a substitute for attending lectures or tutorials.
  • These rules are repeated on two separate slides (Pages 5 & 17) to emphasise importance.

Course Materials

  • Core set:
    • Unit Outline
    • Lecture PowerPoint slides
    • Textbook
    • iLectures & tutorials
    • Assessment instructions

Prescribed Textbook & Purchasing Notes

  • Title: “Introduction to Business Law” (Curtin Custom Edition) — not the standard Pearson text.
    • ISBN: 9780655703242 (Pearson, 2020).
    • Available in hard-copy and e-book.
    • Purpose-built for Curtin Business Law students; to be used actively during lectures & tutorials.
  • Purchase link supplied (https://bit.ly/4nqDlvU).
    • Pearson currently sells to: China, Hong Kong, Japan, Macau, Malaysia, Singapore, South Korea, Taiwan, Thailand, UAE & Vietnam.
    • International students located overseas may buy only e-books/digital codes; a curtin email address is required for verification.
    • Accepted payment methods: Zip, Visa, PayPal, Mastercard, AmEx.

Unit Learning Outcomes (ULOs)

  • Acquire foundational business-law knowledge and think critically about its application to the commercial environment.
  • Develop written and digital communication skills specific to Australian business law.
  • Employ problem-solving skills to identify, anticipate and resolve legal risks in business contexts.
  • Appreciate the interrelationship between law and business operations.

Topic Schedule (High-Level Overview)

  • Introduction to the law
  • Courts & Parliament
  • Government in Australia
  • Business Crime
  • Law of Torts
  • Company Law—Business Structures
  • Contract Law
  • Property Law
  • Consumer Law

Artificial Intelligence Policy

  • No AI tools permitted in this unit — even for formatting.
    • “Use your own words and you will be fine.”

Assessment Structure

  • Assignment 1: due 25 Aug @ 1 pm, weight 20\%.
  • Assignment 2: due 29 Sep @ 1 pm, weight 30\%.
  • Final Examination: Face-to-face, date TBA, weight 50\%.
    • All assessment briefs will appear in Blackboard → Assessments tab.

Tuition Pattern & Study Methodology

  • Weekly delivery:
    • 2-hour iLecture (content)
    • Opens with revision of previous week’s material.
    • 1-hour face-to-face tutorial (Collaborate for fully-online students).
    • Focus on applying last week’s principles to problem questions & tasks.
    • Tutorials commence Week 2.
  • Recommended weekly workflow:
    1. Complete textbook reading listed at the start of each week’s PowerPoint (material available the preceding week).
    2. Watch the iLecture while following along with printed/downloaded slides.
    3. Draft full (bullet-style acceptable) answers to posted tutorial questions. Ensure understanding; seek help if unclear.
    4. Attend & contribute to the tutorial.
  • Strong suggestion: print or download slides in advance; use “printable” version for note-taking.

Lecture 1: Foundations of the Australian Legal System

Required Reading

  • Textbook pp. 3–24 (hard-copy pagination; e-book users find matching section titles).

Key Aims

  • Define “law.”
  • Classify types of law within Australia.
  • Explain Commonwealth vs State powers & growth of federal influence.
  • Describe the Doctrine of Separation of Powers.

What Is “Law”?

  • A device to regulate economic & social behaviour; enables society to function.
  • Two recurring themes across definitions:
    • Human control: law is created and enforced by people.
    • Superior authority: typically the State, possessing power to sanction.
  • Working definition:
    • “A set of rules, developed over a long period, regulating interactions between individuals and between individuals & government, enforceable through sanctions.”
  • Reflection questions:
    • Are all rules laws?
    • Consider source (who made it?) and sanction (what happens if breached?).
    • Could modern business exist without a legal system? (Implied answer: effectively no; law underpins contracts, property rights, dispute resolution, etc.)

Sources & Locations of Law

  • Common Law (a.k.a. Case Law, Judge-made Law):
    • Relies on precedent; largely unwritten in statutes.
  • Statute Law (Enacted Law):
    • Acts of Parliament.
    • Includes delegated legislation (regulations, by-laws).
  • Visual summary (Figure 1.1) shows two-pillar structure: Common Law & Statute Law + Delegated Legislation.

Desirable Characteristics of a Legal System

  • Clarity & Certainty
  • Flexibility
  • Fairness
  • Accessibility
    (Slide emphasises that an effective system must balance all four.)

Major Types of Law in Australia

  • Common Law
  • Equity
    • Developed to correct rigidity of common law.
    • Prevails over common law in conflict.
    • Not applicable to every civil dispute.
    • Key equitable remedies: injunction, specific performance.
  • Statute Law
    • Overrides conflicting common-law rules.
  • Within common-law tradition we further split into:
    • Civil Law: Citizen v Citizen; usually seeks compensation ().
    • Criminal Law: State v Accused; aims at punishment (e.g. imprisonment).
  • English ancestry (Figure 1.2): the same triad — Common Law, Equity, Statute.

Civil vs Criminal — Business Relevance (Figure 1.4)

  • Civil-law examples important to commerce:
    • Contract
    • Tort
    • Property
    • Succession
    • Negotiable Instruments
    • Business Entities
    • Trusts
  • Business-crime examples:
    • Extortion, Larceny, Embezzlement, Stealing, Fraud, Forgery, Cyber-attacks.

Constitutional Framework — Commonwealth & State Powers

  • Australian Constitution structures government power; key concept is division of powers.
  • Three categories:
    1. Exclusive Powers — only the Commonwealth may legislate.
    2. Concurrent Powers — shared; but Commonwealth prevails if inconsistency (‘covering the field’ doctrine).
    • Wallis v Downward-Pickford [1994] HCA 17 illustrates concurrent power conflict.
    1. Residual Powers — remain with the States.
  • High Court functions as interpreter and has driven federal power expansion (e.g. Trade Practices Act → Competition & Consumer Act).
  • Judicial Activism highlighted by cases:
    • Koowarta v Bjelke-Petersen [1982] HCA 27;
    • Minister of Immigration v Teoh [1995] HCA 20.
  • Other mechanisms of federal growth:
    • s.96 (tied grants to States).
    • Referral of powers s.51(xxxvii)$$.
  • Constitutional amendment procedure:
    1. Bill passes both Houses by absolute majority.
    2. Referendum achieves a double majority (nationwide voters & majority of States).
    3. Governor-General gives Royal Assent.
  • Territories derive power differently (delegated by Commonwealth).

Doctrine of Separation of Powers

  • Purposes: prevent concentration & abuse of power; ensure checks & balances.
  • Legislative Function — Parliament creates law.
  • Executive Function — Cabinet/Government administers & enforces.
  • Judicial Function — Courts interpret & apply law.
  • Figure 1.7 depicts structure:
    • Parliament (House of Representatives + Senate) → Legislative Power.
    • Executive (Cabinet) → Executive Power.
    • Courts (High Court + federal courts) → Judicial Power.

Consolidated Summary (End-of-Lecture Slide)

  • No single, universally accepted definition of “law,” but a practical starting point is: a set of rules developed over time, regulating interpersonal relations.
  • Three major sources/types: Common Law, Equity, Statute Law.
  • Three constitutional power categories: Exclusive, Concurrent, Residual.
  • Separation of Powers divides governmental authority into Legislative, Executive, Judicial.

Practical & Ethical Takeaways for Business Students

  • Understanding the hierarchy of laws (statute trumps common law; equity may override common-law rules) is critical for compliance and risk management.
  • Federal–state dynamics affect areas like taxation, competition law and consumer protection — topics later in the unit.
  • Email professionalism, respect for intellectual property (no AI misuse) and active engagement with tutorials are non-negotiable professional behaviors mirrored in workplace expectations.