How effective are case studies?
Case studies aim to develop students’ knowledge, understanding and critical thinking skills in relation to the Australian legal system, as well as its effectiveness in promoting a just and fair society by capturing a range of perspectives. Their purpose aim is to foster engagement in students and have them grow up insisting that rule of law principles are important and must be protected and maintained.
The Rule of Law Education Centre is committed to educating teachers, students and the broader community about rule of law principles with the ultimate aim of creating active, engaged Australian and global citizens. If people do not know what the rule of law is or what it means to them, then that is exactly why it must be taught, and from an early age. Rule of law principles are important for all Australians to value and uphold, not just during their thirteen years of formal education, but for life.
Case Studies
1. Crime Case Studies
Kathleen Folbigg Case Note
Once labelled Australia’s “most hated woman” and “worst female serial killer” after being found guilty of killing her 4 young children – Caleb, Patrick, Sarah, and Laura – over a period of 10 years. Kathleen Folbigg (‘Folbigg’) was unconditionally pardoned by Governor Margaret Beazely and released from prison on June 5,2023, following 20 years in jail. This case note will analyse elements of the investigation, coronial inquests and murder trial, including the successive appeals and judicial inquiries into her conviction. Click here for the casenote and here for the Procedural History and timeline.
(Photo Credit: SMH)
Chris Dawson Case Note
The unsolved case regarding the disappearance over 40 year ago of Lynette Dawson became the subject of a globally acclaimed podcast ‘The Teacher’s Pet.’ As a result of media attention, the case was reopened and her husband at the time, Chris Dawson was found guilty of murder in 2022 by a judge alone trial. Click here.
(Photo Credit:ABC News
Love v Commonwealth; Thoms v Commonweath
This controversial majority decision of (4:3) in the Australian High Court, found that the ‘aliens’ power under section 51 (xi) did not apply to non-citizen Aboriginal Australians because they are subject to a new category of ‘non-citizen, no-alien’. Click here.
(Photo Credit: ABC)
Kulwinder Singh Case Note
The Crown alleged that Mr Singh had poured accelerant on his wife, Kaur, deliberately setting her alight with the intention of causing her serious harm, if not death. This case note looks at the presumption of innocence, evidence, the role of juries to deliver fair outcomes and whether justice is achieved when the accused is acquitted after a lengthy period of time. Click here.
(Photo Credit: SMH)
Keli Lane Case Note
What was the law behind the Keli Lane Case? What did the evidence say? What was the role of the judge and jury? Why didn’t Keli Lane speak about Tegan? Why did the appeal fail? Read our case note to understand more.
(Photo Credit: ABC)
Geoffrey Rush Case Note
On 2 July 2020, Geoffrey Roy Rush was awarded a record $2.9m in damages by the Full Court of the Federal Court of Australia after Nationwide News Pty Limited (“Nationwide News”) lost its appeal against a significant defamation ruling. Mr Rush now stands as the record holder for the largest defamation payout to an individual in Australia. Click here.
(Photo Credit: ABC)
Skaf Case Note
Brothers Bilal and Mohammed Skaf, dubbed the ‘Skaf Rapists’, were involved in a number of gang rapes across Sydney in the early 2000s. Mohammed Skaf’s recent release on parole on October 6, 2021, after 22 years in prison, has reignited a media debate about the adequacy of his sentence and whether he should have been allowed out into society on parole. Click here
(Photo Credit: SMH)
Baden-Clay Case Note
The trial of Gerard Baden-Clay for the murder of his wife Allison in 2012 was one of the most high-profit murder investigations and trials in the history of Queensland. This case note considers the criminal justice process and what processes exist to ensure a fair trial and how the law addresses the expectations of victims and community in achieving a just outcome. Click here.
(Photo Credit: SMH)
Claremont Serial Killings
Claremont Serial Killing Case note looks at beyond reasonable doubt, propensity evidence and the rule of law. Click here.
(Photo Credit: ABC)
Pell v Queen
A Case Summary the highlighting relevant rule of law principles such as beyond reasonable doubt and quotations from the case. Click here
2. Topical Case Studies
NZYQ and the Separation of Powers
In NZYQ, the High Court considered the constitutional validity of laws that allowed the Australian Government to indefinitly detetain ‘NZYQ’, an unlawful, non-citizen convicted of child sexual assault. He had completed a prision sentence but, due to his criminal record and statelessness, had no reasonable prospect of deportation back to his home country or any other country. Click here.
Updated to include: YBFZ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor (YBFZ),where the High Court ruled that mandating curfews and ankle bracelets on the released detainees was unconstitutional.
A Human Rights Act
A Bill of Rights outlines the fundamental rights and freedoms which individuals are entitled to. If the rights are constitutionally enshrined, they cannot be overridden by law or government; if, however, they are contained within a Commonwealth or State statute, rights may be overruled by subsequent legislation due to the principle of parliamentary sovereignty. Click here.
Retrospective Laws
Australian courts generally apply a presumption against retrospectivity; however, as the case law illustrates, it is also accepted by the courts that both State and Commonwealth Parliaments have the authority to enact retrospective laws. Click here.
Indigenous Australians and the Rule of Law
This resource outlines the legal and cultural landscape of the early New South Wales colony and its impact on the rule of law as applied to Indigenous Australians. It also outlines the competing objectives of the colony – the need to protect Indigenous people and the need to quash resistance to the expanding settlement. Click here.
Technology and the Law
Case studies an multiple resources to assist in teaching the topic area of technology and the law, including recent law reform. Click here.
The Principle of Legality
The Principle of Legality is a common law presumption that seeks to protect citizens from arbitrary power. It presumes that Parliament does not intend to interfere with fundamental common law rights, immunities and freedoms. The judiciary uses the Principle of Legality to safeguard such rights when an ambiguity emerges in statutory interpretation. Click here.
Mandatory Sentencing
New Mandatory Sentencing teaching resource for NSW, includes an ‘One Punch’ case note. Click here.
Legal Literacy
A resource to guide students through the ILAC legal literacy scaffold. Includes examples of legal issues and activities to develop and practice their reasoning skills. Click here.
Organised Crime
Our 2017 resource that outlines law reform responses to Organised Crime in NSW and Qld. The resource includes a case study on the VLAD laws. Click here.
Racial Discrimination
Case studies about international and domestic legal responses to the issue of racial discrimination and human rights. Click here.
Human Rights- Cultural Burial and Migration
New Human Rights teaching resource on Cultural Burial Practices and Migration. Click here.
Penalties for Breaching Covid-19 Restrictions in WA
Supreme Court of WA considered the penalties of breaking COVID directions after an unnamed woman was convicted for breaching Quarantine orders while picnicking with her terminally ill father. Click here.
Sport and the Law
An older resource on Sport and the Law but still relevant for teachers looking for ideas. Click here.
International Treaties
This resource examines the role of international treaty bodies in promoting and enforcing human rights in Australia, and how international legal obligations influence law making and government policy. It will provide an overview of these treaties and organisations, assess their effectiveness, and explore their impact on state sovereignty and the rule of law. Click here.
Post-Sentencing Considerations
This Case Brief will explore the post-sentencing considerations of Continued Detention and Extended Supervision Orders (CDO’s and ESO’s) applied at state and Commonwealth levels. Click here.
Love v Commonwealth; Thoms v Commonwealth
This controversial majority decision of (4:3) in the Australian High Court, found that the ‘aliens’ power under section 51 (xi) did not apply to non-citizen Aboriginal Australians because they are subject to a new category of ‘non-citizen, non-alien’. Click here.
Terra Nullius
This resource outlines what the doctrine of terra nullius means and how this fiction came to describe British rule in Australia. It also outlines how the British legally claimed sovereignty over Australia via occupation and its effect on the Indigenous people. Lastly, we look at Mabo (No 2) – the ‘native title case’ – and the overturning of the terra nullius doctrine. Click here.
Freedom of the Press
From the earliest of days of the NSW Penal Colony, the values and institutions that underpin Australia’s democratic form of government were present. The concept of the separation of powers, with an independent judiciary and freedom of speech (through the free press), were important elements that protected the rights of citizens (both convicts and free) and contributed to a fair society. Click here.
Implied Freedom of Political Communication
How does the Australian Constitution provides protections for political speech? Click here.
Access to Justice
Case studies about access to justice, including the important Dietrich case along with discussion about self-represented litigants, apprehended bias and pro-bono cases. Click here.
Experiences of Women on the First Fleet
Susannah Kable was a young convict on the First Fleet. Learn about her experiences in Norwich jail, aboard the First Fleet and then within the penal colony of NSW as she sues the captain for her parcel lost of the First Fleet in the first civil case. Click here.
The Constitution
Detailed analysis of the underlying principles of the Constitution, separation of powers, division of powers and human rights. Includes links to further case studies, resources and posters. Click here.
The Criminal Investigation Process
This resource explores how the use of technology, search and seizure powers, and warrants are used by police during a criminal investigation. Click here.
Media and Social Media
The influence of media and social media on the justice process, from investigation to post trial outcomes. Media can directly impact the presumption of innocence, fair and prompt trials, and free and open criticism. Click here.
The Magna Carta and Human Rights
The Magna Carta established the rule of law and the idea that all citizens, including those in power, should be fairly and equally ruled by the law. It began the tradition of respecting the law, limiting government power, providing access to justice and the protection of human rights. Click here.