Subjects 2009
Public Interest Litigation 732727
- Credited Courses: Graduate Diploma in Dispute Resolution 498; Graduate Diploma in Dispute Resolution 498; Graduate Diploma in Human Rights Law 636; Graduate Diploma in Human Rights Law 636; Graduate Diploma in Legal Studies L08; Master of Commercial Law 504; Master of Commercial Law 504; Master of Laws (LLM) 502; Master of Laws (LLM) 502; Master of Public and International Law 511; Master of Public and International Law 511
Objectives
A student who has successfully completed this subject should:
- Understand the development of public interest litigation in the common law tradition
- Be aware of the role of public interest litigation as part of a movement for social, economic, environmental and political reform
- Be aware of similarities and differences in the use of public interest litigation in a range of jurisdictions, including Australia, the United States, Canada and India.
- Understand the strengths and limitations of public interest litigation as part of a strategy for reform
- Understand and critically analyse impediments to the use of public interest litigation
- Be able to apply their learning to critically analyse and develop public interest litigation law reform proposals.
Syllabus
Principal topics will include:
- The use of public interest litigation as part of a strategy for social, environmental, economic or political reform
- Key features of public interest litigation in Australia, the US, Canada and India
- Case studies of public interest litigation in action, e.g. environmental, refugee, class actions
- Impediments to undertaking public interest litigation including:
- Risk of adverse costs orders
- Standing requirements
- Funding
- The development of Strategic Litigation Against Public Participation (SLAPP writs)
- The role of public interest litigation clearing houses and services
- The relationship between pro bono work undertaken by the private profession and public interest litigation
- Public interest litigation in transnational disputes
- Future developments and proposals for law reform.
