University of Sydney Handbooks - 2017 Archive

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Juris Doctor

Units of study

2017 Part 2- Elective Units of Study

LAWS5101 Advanced Constitutional Law

Credit points: 6 Teacher/Coordinator: Prof Peter Gerangelos Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1004 or LAWS3000 or LAWS3003 or (LAWS1021 and LAWS2011) or (LAWS5007 and LAWS5011) Corequisites: LAWS2011 or LAWS5011 Prohibitions: LAWS3027 or LAWS3401 Assessment: Class-participation/presentation (20%); and 6000wd research essay (80%): An option is available for students do a moot instead of the research essay if they request to do so. Also, any student who requests it may be able to substitute the 6000wd research essay for a 4000wd research essay plus an exam 2.5 hours (40%). The class participation is redeemable. Mode of delivery: Normal (lecture/lab/tutorial) day
The main purpose of this course is to build on the fundamental understandings achieved in Public Law and Federal Constitutional Law in order to provide a far broader and deeper understanding of the subject. This will be achieved by, first, examining in depth the fundamental aspects and tenets of constitutionalism in the Australian context and from a more jurisprudential perspective. Reliance will be placed on comparative jurisdictions, in particular the United States and the United Kingdom. A detailed analysis will first be attempted of the following major concepts in the more precise context of Westminster-based systems: the rule of law, parliamentary sovereignty, the ambit of executive power and the precise status and principles of responsible government, judicial review and constitutional rights, separation of powers, constitutional conventions, the reserve powers of the Governor-General, the status of common law principles as fundamental constitutional guarantees. A principal focus will be the nature and ambit of executive power, and the evolving jurisrprudence of the High Court on this question. The course will examine the evolving notion of parliamentary supremacy from Diceyan orthodoxy to the more recent debates involving leading constitutional scholars in the UK and Australia. In relation to separation of powers, the different constitutional consequences which result when the doctrine is entrenched in a written constitution (as in the US and Australia) on the one hand, and when it exists as a convention without being so entrenched, on the other, will be explored. The relationship between executive and legislative power will be the principal focus. This will enhance an understanding of the definition, nature and limits of judicial, executive and legislative power and their inter-relationship, an issue which becomes particularly important at moments of constitutional uncertainty and stress, especially at the crossroads of their power. The functionalist/formalist debate will be examined to determine the most appropriate interpretive methodology with respect to the application of the constitutional limitations which may emanate from the separation of powers. In so doing, the principal decisions of the High Court of Australia and other relevant courts in other jurisdictions. There will be an opportunity to evaluate major Australian constitutional decisions in a detail not possible in the prerequisite and undergraduate courses. A principal underlying theme will be the extent to which the tenets of constitutionalism are being complied with in Australia and the extent to which they can be. The course will be enriched and made more presently relevant by the exploration of current developing themes in constitutional law. The precise topics may vary from year to year. Depending on the topic, this may involve the introduction of completely new themes or the integration of developments with topics already examined.
Textbooks
Printed Materials prepared by the Convener
LAWS5104 Advanced Criminal Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Arlie Loughnan Session: Semester 1a Classes: 1x6-hr seminars/week for 7 weeks Prerequisites: LAWS1016 or LAWS1003 or LAWS2009 or LAWS5004 Prohibitions: LAWS3404 Assessment: research proposal (pass/fail), 4000wd reserch essay (75%) and class participation (25%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit critically examines the criminal law, criminal justice institutions and penal practices in the context of legal scholarly debates. Topics to be considered in any one semester may include criminal responsibility, capacity, gender and criminal law, corporate criminal liability, offence construction and trends in sentencing. In addressing these topics, the unit will attempt to respond to cutting edge developments in the criminal law as they arise. Each topic forms the lens through which larger or longer-term theoretical and others issues are discussed. By contrast with the foundational unit, Criminal Law, this unit does not adopt a content - driven approach to criminal law; instead, it adopts an explicitly critical socio-historical approach to the study of law, and draws on inter-disciplinary scholarship throughout. Discussion of relevant academic scholarship forms a core part of the subject matter of the course.
LAWS5106 Advanced Evidence

Credit points: 6 Teacher/Coordinator: Ms Miiko Kumar Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2006 or LAWS2016 or LAWS5013 Prohibitions: LAWS3406 Assessment: Class participation (25%) and 4000wd research essay (75%) (subject to class size) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit builds on knowledge gained in the compulsory course Evidence (or Litigation). The unit has three aims. Firstly, it examines the rules of evidence covered in the compulsory Evidence course in greater depth. Secondly, this unit covers new topics such as (i) theories of evidence (ii) identification evidence, (iii) evidence of past sexual history (iv) interaction between human rights legislation and evidential rules. Thirdly, the unit engages in a comparative analysis with evidential rules in Australian and International jurisdictions.
LAWS5177 Advanced Obligations and Remedies

Credit points: 6 Teacher/Coordinator: Prof Barbara McDonald Session: Intensive July Classes: Run intensively at Cambridge in July. Prerequisites: (LAWS1010 or LAWS1012 or LAWS5001) and (LAWS1002 or (LAWS1015 and LAWS1017) or (LAWS5002 and LAWS5006)) and (LAWS2004 or LAWS2015 or LAWS5015) Prohibitions: LAWS3477 Assessment: 1000wd casenote (20%) to be submitted at the commencement of classes, 10% class participation and 3000 word research essay (70%) Mode of delivery: Block mode
Note: Enrolment is by seperate application to the Law School.
This unit will explore a number of contentious and advanced issues arising in the law of civil obligations and remedies. It will build on students' prior study in the areas of contracts, tort and equity and will place particular emphasis on the interaction of these three fields of the law. The materials and classes will usually take a comparative perspective, contrasting English or European and Australian law on a number of topics. The unit is taught by Professors McDonald and Peden and other specialist academics from the University of Sydney if available and a number of expert guest lecturers from leading English universities. Particular topics depend on the availability and expertise of particular guest lecturers but may include :
- problems in causation and scope of liability
-controlling liability by contract
-loss and restitution in contract
- frustration and force majeure in contract
- the availability of proprietary remedies
-choice of law in obligations
-duties of good faith
- controlling fiduciary duties
- economic loss in tort law
- developments in duties of confidence
Textbooks
No one textbook. Some reading materials will be provided.
LAWS5109 Advanced Taxation Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Celeste Black Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS3047 or LAWS3412 or LAWS5112 Prohibitions: LAWS3013 or LAWS3409 Assessment: 1hr in-class test (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit further pursues the goals of Australian Income Tax and is to be regarded as an extension of that unit. In particular, the unit surveys some more advanced (and practically relevant) aspect of Australia's tax system, including special rules applicable to entities (partnerships, trusts, and companies) and their owners, international taxation, goods and services tax (GST), business cost recovery mechanisms (trading stock and depreciation), and tax administration. Together with Australian Income Tax, these units provide a basic understanding of the Australian tax system and a basis for further study and/or practice.
LAWS5111 Anti-Discrimination Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3012 or LAWS3411 Assessment: Class participation (10%) and online short answer exam (25%) and 2hr exam (65%) Mode of delivery: Normal (lecture/lab/tutorial) day
The objective of this unit is to enable students to examine and develop answers to the following questions: (i) What is discrimination and what harm does it cause? (ii) How has the law been used in Australia to address discrimination? (iii) What type of conduct does anti-discrimination law prohibit? Specifically, which attributes are protected, in what contexts and with what exceptions? (iv) What remedies can be sought for unlawful discrimination and how are these enforced? (v) What are the limits and future directions of anti-discrimination law? The law as it operates will be examined, focussing on examples of particular attributes of discrimination (such as sex, race, disability, age, or family responsibilities), but considerable attention is also paid to regulatory alternatives to explore how the law could be developed.
LAWS5112 Australian Income Tax

Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3047 or LAWS3412 Assessment: Either [2hr mid-semester quiz (30%) and 2hr final exam (70%)] or [2 hr final exam (100%)] Mode of delivery: Normal (lecture/lab/tutorial) day
This unit introduces the Australian income tax system by exploring the operation of the income tax statutes, the underlying principles which those laws seek to implement, and fundamental issues in tax policy. Topics covered include the concept and categories of income, capital gains, fringe benefits, deductions and the treatment of capital expenditure, basic tax accounting principles, and legislative responses to tax avoidance. The unit also introduces the key concepts used to evaluate tax policy, including welfare economics, thereby providing students with a basic understanding of why taxation is of such fundamental concern in modern democratic societies. This unit is a prerequisite for Advanced Taxation Law.
LAWS5113 Banking and Financial Instruments

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Semester 1,Summer Early Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: (LAWS1015 or LAWS1002 or LAWS5002) and (LAWS2004 or LAWS2015 or LAWS5015) Prohibitions: LAWS3101 or LAWS3413 Assessment: Three options: 1) 2,500wd assignment (50%) and 1hr exam (50%); 2) 3,500 wd essay (50%) and 1 hr exam (50%); 3) 2hr exam (100%). Mode of delivery: Normal (lecture/lab/tutorial) day
This unit aims to provide students with:
* An overview of the legal regulation and supervision of banks and other Authorised Deposit-taking Institutions (ADIs);
* An understanding of the legal basis of the relationship between banks, ADIs and their customers, and an overview of the more common rights and duties that adhere to the banker/customer relationship;
* An introduction to negotiable instruments (cheques and bills of exchange), letters of credit and performance bonds, and guarantees;
* An introduction to the Personal Property Securities Act 2009 and its impact on secured lending.
LAWS5116 Commercial Dispute Resolution

Credit points: 6 Teacher/Coordinator: Mr Derek Minus Session: Semester 2 Classes: 1 x 4-hr seminar/week for 10 weeks Prohibitions: LAWS3006 or LAWS3022 or LAWS3416 Assessment: 3,500wd research essay (45%) and 2 x assessable workshops (20% and 25%) and class participation (10%). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application and priority is given to final year students.
This course is aimed at giving specific dispute resolution skills to graduates who see themselves as practising actively in the business world, handling matters involving contract, finance and property. The workshops derive their substance from actual mediations and disputes. They involve some of the most frequently pleaded heads of law in commercial litigation, such as misleading and deceptive conduct, misrepresentation, and unconscionable conduct. For meaningful involvement in these workshops it will be necessary for students to become familiar, through the required readings, with the substantive law in these areas.
The starting point for this subject is the theory of ADR in its various forms. When these are understood in the early stages of the course, it is then seen as beneficial to re-create realistically the dynamics of commercial disputes, involving as they do a complex mixture of substantive law, adversarial parties, unclear facts and hidden agendas. This is an opportunity for graduates to become aware of and embark on acquiring some practical skills needed to handle these situations.
The teaching methodology is highly interactive and all class members are required to participate and contribute.
LAWS5117 Commercial Land Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Fiona Burns Session: Semester 1 Classes: 2x2hr seminar/week for 10 weeks Prerequisites: LAWS2007 or LAWS2017 or LAWS5012 Prohibitions: LAWS3417 Assessment: Structured class presentation (20%) and 2000wd research essay (30%) and 1hr (30 mins reading time) open book exam (50%). NB Assessment subject to change and dependent on enrolment numbers. Mode of delivery: Normal (lecture/lab/tutorial) day
In terms of content, this unit aims to explore in greater depth some important aspects of the law of real property which the compulsory Real Property unit does not cover. The topics which will be covered will be: leases (including covenants of leases, assignments of leases, remedies of landlords, relief against forfeiture and subleases); possessory title; mortgages (with special attention on the rights and remedies of the mortgagor and mortgagee; reverse mortgages); options and if time permits strata and community titles. Students who wish to practise in the area of property law are encourage to consider studying this unit, because the matters covered are indispensable for a career in property law. From a pedagogical perspective, the assessment is structured to improve the oral, research and problem-solving skills of students. There will be a problem-solving session at the end of the course. The classroom-style is structured to encourage students to participate in discussion and to learn collaboratively.
LAWS5119 Competition Law

Credit points: 6 Teacher/Coordinator: Mr David Howarth Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks. Prohibitions: LAWS3016 or LAWS3419 Assessment: 3000wd essay and peer review (30%) and 2hr exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study examines competition law and policy in Australia. The central part of the course deals with Part IV of the Competition and Consumer Act 2010 (Cth). The framework for analysis will include a critical examination of the fundamental purposes of competition law policy. Some references will be made to the restrictive trade practices provisions of comparative jurisdictions.
Topics include: (a) common law antecedents of competition law and history of competition law legislation; (b) National Competition Policy and legislation; (c) application of the Competition and Consumer Act 2010 (Cth); (d) elementary economic theory of monopoly and the goals of competition policy; (e) fundamental concepts of competition, market definition, market power and public benefit; (f) mergers and acquisitions; (g) horizontal arrangements including cartel conduct, primary boycotts, and arrangements which substantially lessen competition; (h) vertical arrangements including exclusive dealing and third line forcing; (i) misuse of substantial market power; (j) notifications and authorizations; and (k) overview of remedies and enforcement. Additional topics may include resale price maintenance or access to essential facilities.
LAWS5126 Criminology

Credit points: 6 Teacher/Coordinator: Dr Garner Clancey Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3020 or LAWS3426 Assessment: Class participation (10%), 1200wd presentation paper (30%), and 3000wd research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study aims to introduce students to the theoretical issues associated with the definition and explanation of crime, criminality and crime control. Rationales for punishment are examined along with sentencing, and other possible responses to criminal behaviour are explored. The unit considers the impact of criminal justice policy and practice on particular groups which may include juveniles, women, Indigenous people, ethnic minorities and victims of crime. The regulation of particular types of offences such as hate crime are considered. Other topical issues are covered as they arise in contemporary criminological debate. Students are expected to take part in visits to a gaol and/or a juvenile detention centre.
LAWS5130 Environmental Law

Credit points: 6 Teacher/Coordinator: Dr Kate Owens Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Corequisites: LAWS2002 or LAWS2010 or LAWS5010 Prohibitions: LAWS3024 or LAWS3430 Assessment: Essay (50%) and take-home exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit will provide a framework for understanding environmental issues, outline the sources of environmental law and provide an overview of the different approaches to environmental regulation before examining a range of topical areas, including climate change, water management, pollution control, waste management, environmental planning, development control and environmental impact assessment. Overarching themes will include the implications of adopting the principles of environmentally sustainable development for legal structures and processes, the effects of scientific uncertainty on environmental regulation, and the importance of public participation for making the value judgements required in environmental governance.
LAWS5174 Equity and Financial Risk Allocation

Credit points: 6 Teacher/Coordinator: Prof John Stumbles Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2004 or LAWS2015 or LAWS5015 Prohibitions: LAWS3474 Assessment: 3000wd answer to a problem question (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
The objective of this unit is to introduce the role of equity as a potential mechanism for allocating risk in commercial transactions. The unit introduces equitable doctrines not covered in the Equity Unit, such as penalties, the doctrines of contribution, subrogation, marshalling and set-off. The Unit explores how these doctrines assist in determining how parties in a commercial transaction should bear the financial risk. It also compares and contrasts the equitable principles with analogous common law rules and considers the impact of statute on these doctrines.
LAWS5206 Families, Children and the Law

Credit points: 6 Teacher/Coordinator: Prof Judith Cashmore Session: Semester 1 Classes: 2x 2hr seminars per week Prohibitions: LAWS5132 Assessment: 2,500 - 2750w essay (35%), class participation (10%) and 2hr exam (55%) Mode of delivery: Normal (lecture/lab/tutorial) day
Note: This unit is an alternative to Family Law
This unit explores how the law deal with disputes between parents concerning their children, and how State authorities intervene to protect children from abuse and neglect. The unit will have a special focus on cultural issues, including the interaction of the law with indigenous families. Topics include: the changing demographics of the family, family policy in a multicultural society, dispute resolution processes for families, child abuse and neglect, irretrievable breakdowns between parent and child, care proceedings, adoption, the effects of parental separation on children, the law concerning parenting after separation, children's rights and options for participation, religion and culture in family law disputes, domestic violence and disputes over children, child sexual abuse and the family courts, and consent to medical treatment.
Textbooks
P. Parkinson, Australian Family Law in Context (6th ed, 2015)
LAWS5132 Family Law

Credit points: 6 Teacher/Coordinator: Prof Patrick Parkinson Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3026 or LAWS3432 Assessment: 2,500-3,000wd assignment (40%) and 2hr final exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
Family Law deals with the core provisions of the Family Law Act 1975 governing parenting of children and the property of married couples and persons in a de facto relationship. This course is essential for those interested in Family Law. It is a pre-requisite for Advanced Family Law.
Family Law will focus on the following topics: constitutional and jurisdictional issues; marriage, divorce and de facto relationships, the resolution of disputes relating to children under the Family Law Act 1975, property division under the Family Law Act; child support and maintenance.
LAWS5360 Independent Research Project

Credit points: 6 Session: Semester 1,Semester 2,Summer Early Prohibitions: LAWS3031 or LAWS3115 or LAWS3030 or LAWS3260 or LAWS5315 or LAWS5330 or LAWS5331 Assessment: 7,500wd research paper Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application and is restricted to students in their final year of study who meet the relevant academic criteria.
The goal of this unit of study is to provide students with an opportunity to pursue independent research in an area of their choosing. The project must involve a new piece of research. Material which has been submitted for assessment in any other unit of study may not form part of the project. Before enrolling in this unit of study, the student must formulate in writing the topic of the research project and a statement of methodology. The topic of the research project and the methodology must be approved in writing by a member of the teaching staff who agrees to act as supervisor and to be responsible for assessment of the research project. This approval will not be given if the topic of the research project falls within the scope of another unit of study being offered in the same semester. Students must have a WAM of 70% or higher to be eligible to enrol in this unit.
LAWS5135 Indigenous Peoples and Public Law

Credit points: 6 Teacher/Coordinator: Dr Amanda Porter Session: Semester 2 Classes: 2 x 2hr seminars/week for 10 weeks Prohibitions: LAWS3005 or LAWS3435 or LAWS6988 Assessment: Class presentation (20%) and 5000wd essay (80%) Mode of delivery: Normal (lecture/lab/tutorial) day
This course explores the relationship between Indigenous peoples and national and international public law systems. We begin with an exploration of Indigenous legal systems and governance structures. Students will see how this different way of seeing the world, and being in the world, impacts upon interactions with the mainstream legal system. We will examine the differing perspectives on history to see how they have shaped ever-changing laws and government policies. We will investigate issues such as: changing definitions of Aboriginality that have been imposed upon Aboriginal and Torres Strait Islander peoples; the over-representation of Indigenous Australians in the criminal justice system; paperless arrest laws in the Northern Territory and fine legislation in Western Australia; the legal mechanisms used to execute the Northern Territory Emergency Response; the utility of International Law, Human Rights Law and International bodies to Indigenous people; meanings of self-determination; native title and land rights legislation; and contemporary examples of Indigenous nation building. Opinions on the issues covered in the course are many and varied so students will be encouraged to explore each topic through discussion and lively debate.
LAWS5145 Insolvency Law

Credit points: 6 Teacher/Coordinator: Prof John Stumbles Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2003 or LAWS2014 or LAWS5014 Prohibitions: LAWS3403 or LAWS5103 or LAWS3445 Assessment: 3000wd answer to a problem question (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
The unit provides an introduction to the mainly statutory law regulating bankrupt individuals and insolvent companies. It explores the objectives and key principles of insolvency law, the pari passu principle, the various forms of insolvent administration including bankruptcy, liquidation, receivership and voluntary administration and associated procedures together with the avoidance of transactions in insolvency. The unit also considers the impact of insolvency on employees, unsecured creditors, shareholders and trustee's of trusts. The unit involves a significant component of statutory interpretation.
LAWS5203 Insurance Law and Risk

Credit points: 6 Teacher/Coordinator: Mr Peter Mann Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS5001 and LAWS5002 and LAWS5006 and LAWS5015 Prohibitions: LAWS3503 Assessment: 2000wd essay or problem-based assignment (40%) and 2hr open-book final exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
Insurance is an essential part of modern life covering a multitude of everyday risks and providing financial security in commerce and life generally. This unit covers the principles and concepts of insurance law and practice. A main focus will be on the rights and liabilities arising under contracts of insurance, under statute (principally the Insurance Contracts Act 1984 (Cth)) and at common law. Broad categories and common forms of insurance, and to a lesser extent reinsurance, and the risks covered by them will be considered. Concepts central to insurance will be dealt with including the duty of utmost good faith, the duty of disclosure, third party rights, proportionality, contribution, subrogation and fraud. Other matters to be considered include the role of insurance brokers and underwriting agents, the regulation of insurers (the role of ASIC and APRA), the progression of insurance from contract formation to claims and the role that insurance plays in the community, corporate life and in dispute resolution. There will be a practical emphasis which involve considering some common types of insurance policies and issues arising under them illustrated by problem solving. Consideration will also be given to the role of risk transfer and insurance in contracting.
Textbooks
Mann's Annotated Insurance Contracts Act, Peter Mann, Thomson Reuters 6th edition
LAWS5208 Interdisciplinary Project

Credit points: 6 Teacher/Coordinator: Dr Scott Grattan Session: Semester 1,Semester 2 Classes: blended learning (online material seminar/workshop and group work) Prohibitions: INDP3000 Assumed knowledge: Students are expected to have completed all core units with the exception of Private International Law A. Assessment: group plan (10%), group presentation (20%), group project (50%), 2000wd individual report (20%) Practical field work: Law students will be undertaking an interdisciplinary group project with students from other faculties across the University and students from other universities who may be enrolled in this unit or INDP3000. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application. It is only available to students in their final year of study who have a WAM above 65.
This unit is designed for final year LLB and JD students to participate in an interdisciplinary group project that allows them to work with one of the University¿s industry and community partners. Students will work in teams on a real-world problem provided by the partner, applying their disciplinary expertise and gaining valuable experience in working across disciplinary boundaries.
LAWS5143 Interpretation

Credit points: 6 Teacher/Coordinator: Ms Patricia Lane Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: (LAWS1002 or LAWS2008 or LAWS1015 or LAWS5002) and (LAWS2002 or LAWS1021 or LAWS5007) Prohibitions: LAWS3443 Assessment: 3,000wd research essay (40%), 1000wd drafting exercise (20%) and EITHER take home exam OR 3000wd optional additional research essay OR 3000wd long problem Mode of delivery: Normal (lecture/lab/tutorial) day
Legal interpretation is the process by which the legal meaning of a text is ascertained, by reference to the text considered in context and with regard to its purpose. This course deals with the principles and methods of legal interpretation. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of private law instruments, the Constitution, and treaties.

The principles and methods of legal interpretation are directed to a purpose - to answer a question about contested legal meanings. The course will focus on the primary elements of interpretive practice: reading and understanding the text in its proper context, and in the light of its purpose and the objective intention of the drafter.

The course will cover:
* Approaches to legal interpretation, with emphasis on the function of interpretation in private and public law.
* Aspects of the interpretation of private instruments - wills, contracts, testamentary dispositions, collective agreements.
* Drafting and clear expression.
* Principles of statutory interpretation, including the conventions of grammatical interpretation of statutes; the use of technical words; the need to read the instrument as a whole; the role and function of interpretation acts, including legislation requiring consideration of Human Rights principles; approaches to ambiguity and inconsistency of language; specific common law principles and presumptions of interpretation; the use of extrinsic aids to interpretation, and the identification of statutory purpose.
* Aspects of interpretation of national and international instruments - Constitutions and treaties.

Part of the course content will be taught by eminent guest lecturers from the Faculty and the profession.
LAWS5180 IP: Copyright and Designs

Credit points: 6 Teacher/Coordinator: Assoc Prof Kim Weatherall Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3033 or LAWS3423 or LAWS3480 Assessment: Two options: (1) 5,000wd research essay (50%) and 1.5hr exam (50%); or (2) 2.5 hr examination (100%). Subject to change. Mode of delivery: Normal (lecture/lab/tutorial) day
This unit covers copyright and designs law, both recognised branches of intellectual property law. Their existence is often justified on the presumption that they encourage the exercise of inventive, creative and entrepreneurial skill and labour. The protection these areas of law provides is said to enable commercial exploitation of the resulting works or designs. This unit focuses on the requirements for the copyright and design protection and investigates the bases upon which infringement action can be brought. Particular emphasis will be placed on the expanding scope of copyright and the implications of the internet, as well as provisions in the Copyright Act intended to address the apparent overlap between copyright and design protection. Although the unit of study will emphasise legal doctrine and be taught from the perspective of a relatively depoliticised formalism, it is also recognised that the deployment and the regulation of intellectual property inevitably have substantial cultural, technological and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, Gone With The Wind, as a literary work still under copyright, is both an asset with a monetary value and the focus of a civil rights activism which demands the right to imitate the work for social and political criticism and parody. There will, accordingly, be some attention paid in this unit to the cultural, technological and economic consequences of intellectual property laws, to the significance of access to the public domain and to the effects of international trade pressure in the area.
LAWS5179 IP: Trademarks and Patents

Credit points: 6 Teacher/Coordinator: Dr Fady Aoun Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3472 or LAWS3033 or LAWS3479 Assessment: Two options: (1) 5,000wd research essay (50%) and 1.5hr exam (50%); or (2) 2.5 hr examination (100%). Subject to change. Mode of delivery: Normal (lecture/lab/tutorial) day
This unit will focus on legal rights concerning the marketing of products, specifically, trade mark law, and legal rights concerning invention, specifically, patent law. Most aspects of the law of registered trade marks, (including some references to passing-off and unfair competition) will be covered in the unit, as will the effect of these areas of law on new marketing practices on the Internet. Some specific topics which will be covered in depth are: the differences between registered trade marks, passing-off and unfair competition; character merchandising and the protection of the celebrity persona; the nature of signs and the special problem of shape trade marks; counterfeiting and parallel imports; the badge of origin, private property and cultural resource functions of registered trade marks. In patent law, there will be a particular focus on medical method patents, in light of their recent development and controversial nature. Although the unit of study will emphasise legal doctrine and be taught from the perspective of a relatively depoliticised formalism, it is also recognised that the deployment and the regulation of intellectual property inevitably have substantial cultural and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, pharmaceutical patents are both valuable assets to their owners, who accordingly demand extensive legal protection for those assets, and also the target of vigorous criticism in the developing world for the patents' potentially detrimental effect on public health in relation to, inter alia, HIV. There will, accordingly, be some attention paid in this unit to the cultural and economic consequences of intellectual property laws, to the significance of access to the public domain and to the effects of international trade pressure in the area.
LAWS5146 Labour Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Shae McCrystal Session: Semester 1 Classes: 2x2hr seminars/wk Prohibitions: LAWS3023 or LAWS3446 or LAWS6071 Assessment: 3000wd research essay (40%) and 1.5 hr open book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study examines the legal regulation of work relationships in Australia in the 21st century. The course is designed to equip students with a broad understanding of the legal rules, principles and institutions which form Australia's system of workplace relations and to place that system in its global context.
The course concentrates primarily on the employment relationship (distinct from other types of commercial arrangements under which work is performed) and will examine the way in which that relationship is regulated by private contract law and statute.
The course offers both a theoretical and practical focus. Students are invited to reflect on the role of legal regulation of work relationships, and to critically assess the effectiveness of Australia's laws.
By completing this unit of study, student should acquire:
- A general understanding of the system of workplace relations in Australia, and the way that system has developed in recent years.
- Knowledge and understanding of the legal responsibilities of employers and employees at the workplace.
- A working knowledge of the framework and operation of the Fair Work Act 2009 (Cth).
LAWS5344 Law International Exchange Electives

Credit points: 24 Session: Semester 1,Semester 2 Prohibitions: LAWS3044 Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Available to outbound exchange students only.
For students studying overseas on an official university exchange program.
LAWS5151 Media Law: Contempt and Open Justice

Credit points: 6 Teacher/Coordinator: Assoc Prof David Rolph Session: Semester 1 Classes: 2 x 2-hr seminars/week for 10 weeks Prohibitions: LAWS3059 or LAWS3451 Assessment: Four options: 1) 2,500wd assignment (30%) and 2 hr exam (70%); 2) 3,500wd essay (40%) and 2 hr exam (60%); 3) 2,500wd assignment (30%) and 3,500wd essay (40%) and 1hr exam (30%); or 4) 3 hr exam (100%). Subject to change. Mode of delivery: Normal (lecture/lab/tutorial) day
The daily practice of journalism is affected by a range of common law principles and statutory provisions. This unit of study seeks to examine some of the most significant, practical constraints on the media. It examines in detail contempt of court, the principle of open justice and suppression orders. It considers contempt of parliament and other restrictions of the reporting of parliamentary proceedings. It also analyses the law relating to the disclosure of journalists' sources and the impact of freedom of information laws on the media. This unit of study seeks to provide not only a thorough doctrinal analysis of these areas of law but also seeks to locate them within their broader historical, international, comparative, political and policy contexts.
LAWS5128 Media Law: Defamation and Privacy

Credit points: 6 Teacher/Coordinator: Assoc Prof David Rolph Session: Semester 1,Summer Early Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3059 or LAWS3428 Assessment: Four options: 1) 2,500wd assignment (30%) and 2hr exam (70%); 2) 3,500wd essay (40%) and 2hr exam (60%); 3) 2,500wd assignment (30%) and 3,500wd essay (40%) and hr exam (30%); or 4) 3hr exam (100%). Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study analyses two areas of law which have a significant impact on the daily practice of journalism. Both of these areas of law relate to the personal interests of private plaintiffs and the legal recourse such plaintiffs may have against media outlets. The tort of defamation, which protects a plaintiff's reputation, is a well-established cause of action which notoriously has a "chilling" effect on what the media publishes. By contrast, direct legal protection of privacy against invasions by the media is a rapidly developing area of law in Australia, the United Kingdom, New Zealand and the European Union. This unit of study provides a detailed examination of the principles of defamation law relating to liability, defences and remedies. It also examines how different common law legal systems are developing direct legal protection for individuals' privacy against intrusive media coverage. This unit of study provides a thorough doctrinal analysis of defamation, privacy and breach of confidence, as well as placing these areas of law in their broader historical, international, comparative, social and cultural contexts.
LAWS5152 Medical Law

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3046 or LAWS3452 Assessment: Three options: 1) 1hr exam (50%) and 3,500wd essay (50%); 2) 1hr exam (50%) and 2,500wd assignment, earlier submission date (50%); 3) 1hr exam (50%) and 2,500wd assignment, later submission date (50%). Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study provides an introduction to some of the legal issues that arise in modern health care. Issues to be covered in the course include: consent to medical treatment, professional liability of health professionals (including different forms of action for medical negligence), confidentiality, privacy, and access to medical records, the regulation of reproduction (including termination of pregnancy), and end-of-life decision-making, including assisted dying or "euthanasia". By the end of the unit, students will have a grounding in legislation and caselaw regulating the provision of health care services, and will also be aware of some of the ethical issues that arise in medical contexts. Student participation in class discussion will be expected.
LAWS5155 Policing, Crime and Society

Credit points: 6 Teacher/Coordinator: Prof Murray Lee Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3048 or LAWS3455 Assessment: 2,500-3,000wd research essay (60%) and 1,200wd presentation paper (30%) and class presentation (10%) Mode of delivery: Normal (lecture/lab/tutorial) day
The unit of study aims to encourage students to develop skills and knowledge about the police and policing, with particular reference to the shifting nature of policing. The unit includes critical analysis of theoretical and policy issues within contemporary criminal justice, but also examines policing (in its widest sense) including the pluralisation of policing. Students will examine: crime and crime control within a social and political context; policing and other institutions and processes of criminal justice in the light of contemporary research and policy debates; the major theoretical frameworks within which crime, policing and criminal justice policy are constructed and analysed; challenges for policing arising from changes in spatial arrangements, and from transnational developments in crime and crime control.
LAWS5209 Redfern Legal Centre Clinic

Credit points: 6 Teacher/Coordinator: Ms Irene Baghoomians Session: Semester 2 Classes: three one-day seminars held at redfern legal centre. Assessment: 3000 word research essay (70%), compulsory clinic attendance and participation (pass/fail), clinical placement evaluation (30%) Practical field work: One day per week clinical placement during the semester at Redfern Legal Centre. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application. Priority will be given to students in their final year of study.
The Redfern Legal Centre (RLC) Clinic is an experiential learning opportunity for a limited number of law students to engage in hands-on learning. This unit of study will act as a gateway between theory and practice for students interested in the delivery of legal services to clients attending a specific advice clinic. RLC will expose students to different facets of public-interest lawyering including communication with and interviewing of clients from diverse backgrounds management of case files legal research drafting advocacy and ethical obligations. At the end of this unit of study students should have: (a) Developed or enhanced their understanding of a particular area of law; (b) Developed or enhanced their understanding of systemic access to justice issues in a particular area of law; (c) Identified the personal demands on and professional/ethical obligations of a public interest lawyer engaged in practice; (d) Gained insights into the interpersonal skills necessary to survive and thrive in legal practice; (e) Developed and applied effective communication skills required for the provision of written and oral legal advice and; (f) Had the opportunity to work both independently and collaboratively to advance public interest objectives.
LAWS5160 Roman Law

Credit points: 6 Teacher/Coordinator: The Hon Justice Arthur Emmett Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3052 or LAWS3460 Assessment: 2,000wd essay (20%) and take-home exam (80%) Mode of delivery: Normal (lecture/lab/tutorial) day
The course provides a general introduction to all aspects of Roman private law. It begins with an historical sketch of Roman institutions from the earliest times until the reign of Justinian (CE 527-565), together with an introduction to Roman legal history and the development of Roman legal concepts. It also deals with the reception of Roman jurisprudence into modern European legal systems and the common law. The Roman law of marriage and family, moveable and immoveable property, real and personal security, succession, and contractual, quasi-contractual and delictal obligations are then dealt with in depth. The Institutes of Justinian, in English, is the fundamental text for study and students are expected to read the Institutes in some detail. The Institutes constitute a map of the law and means of ordering the law. Roman law has always been, and still is, of great historical importance in the development of many areas of the common law. Roman law also provides a yardstick by which both the virtues and the shortcomings of the common law can be measured. Further, Roman law forms the jurisprudential background of most of the legal systems in force in continental Europe and those parts of the rest of the world that were colonised by continental European nations.
LAWS5184 Secured Transactions in Commercial Law

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2012 or LAWS5008 Prohibitions: LAWS3484 Assessment: 3000wd assignment (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
The process of creating effective security interests in personal property to secure performance of contractual obligations is a critical component of commercial dealings and financings. This unit examines how security may be taken over common forms of personal property through a detailed analysis of the new legislative regime established by the Personal Property Securities Act 2009 (Cth), which became operative in January 2012. Providing an overview of the historical and economic development of the law in this area, the unit explores the rationale for the comprehensive legislation as well as its underlying general principles. An international and comparative perspective is offered through references to the Canadian and New Zealand experience in introducing equivalent statutory frameworks, with part of the course materials drawn from these jurisdictions.
LAWS5161 Social Justice Legal Clinic A

Credit points: 6 Teacher/Coordinator: Prof Peter Cashman Session: Intensive February,Semester 1 Classes: Semester 1: 1x2hr seminar/week and the equivalent of one day per week for the semester at a pre-selected placement site. February Intensive: seminars held over 4-5 days at PIAC followed by a two week clinical placement at PIAC during February. Prohibitions: LAWS3112 or LAWS3461 Assessment: 1 x written assignment (100%), compulsory class presentation and participation (pass/fail), and Clinical Placement evaluation (pass/fail). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application. Priority will be given to students in their final year of study.
The Social Justice Program will arrange for students enrolled in the course to work with various organisations which have agreed to participate in the Program. To date, such bodies include the Refugee Advice and Casework Service (RACS), the Public Interest Law Clearinghouse (PILCH), the Public Interest Advocacy Centre (PIAC) and the Environmental Defender's Office (EDO). Through such organisations students will be exposed to real world cases and participate in a structured seminar program dealing with social justice issues and aspects of public interest law.
During semester hands-on experience with cases, clients and/or policy and research projects will be obtained one day per week in a 'social justice' placement site. Students will attend weekly seminars designed to provide students with the basic knowledge and skills required to participate in a working clinical legal organisation, and cover legal issues specific to the placement sites. The seminars will encourage discussion and reflection on the range of issues that may arise during the course of the placement.
At the end of the unit students should have: (i) enhanced their ethical, social and professional understanding of the practice of law; (ii) improved their ability to recognise, define and analyse legal problems flowing from real case files, and to identify and create processes to solve them; (iii) observed and practised communication and inter-personal skills involved in the practice of law; (iv) been introduced to aspects of legal practice such as legal writing, research, client interaction and time management; (v) had the opportunity to work both independently and collaboratively, in a way that is informed by openness, curiosity and a desire to meet new challenges.
LAWS5131 Social Justice Legal Clinic B

Credit points: 6 Teacher/Coordinator: Ms Irene Baghoomians Session: Semester 2 Classes: 8/9 x 2hr seminars/semester Prohibitions: LAWS3025 or LAWS3431 Assessment: class presentation and performance (30%) and site performance (30%) and 3000wd essay (40%). Also requires satisfactory attendance at placement and maintenance of a reflective journal (pass/fail) Mode of delivery: Professional practice
Note: Department permission required for enrolment
Note: Enrolment in this unit is by special application. Enrolment is restricted to students in their final year of study.
In this unit of study students are afforded the opportunity to work the equivalent of one day per week during the semester in a 'public interest' placement site. In addition, students attend fortnightly seminars which are designed to promote discussion and reflection on a range of issues that may arise during the course of the placement as well as seminar presentations on matters relevant to public interest externships. The unit has a public interest focus which is reflected in the selection of placement sites.
At the end of the unit students should have:
* acquired a better sense of the professional and personal responsibilities associated with the practice of law;
* developed an appreciation that the law is a people profession;
* observed and participated in a high level of problem solving flowing from real case files (where appropriate);
* been introduced to the basic inter-personal skills involved in the practice of law;
* interacted with legal professionals in a flexible learning environment;
* been introduced to aspects of the practice of law such as legal writing, advocacy and time management; and
* developed the character and habits of a reflective practitioner.
LAWS5165 Sydney Law Review

Credit points: 6 Teacher/Coordinator: Prof Joellen Riley Session: Semester 2 Prohibitions: LAWS3057 or LAWS3465 Assessment: 1,000 word review note (20%) and 6,000wd case note (80%) plus participation in editorial tasks (assessed as Satisfactory). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Enrolment in this unit of study is by special application. For further information, please visit sydney.edu.au/law/slr.
This unit of study is offered annually under the supervision of the a member of the full-time academic staff and the Publishing Director of the Sydney Law Review. The unit is limited to 6 students per semester, who are selected on the basis of their academic results. Preference may be given to students in their final year in the selection of students for the unit. Each student will complete a range of tasks with respect to the Review, including editing and proofreading submissions and writing a review note (for assessment purposes only) and a case note for assessment and potential publication. (A limited number of casenotes are selected for publication each year, according to their merit.) Students selected for this unit must be prepared to serve for six months, so that duties may start before, and may continue after, the formal teaching and examination period.
LAWS5192 Topics in Legal History

Credit points: 6 Teacher/Coordinator: Assoc Prof David Rolph Session: Semester 1 Classes: 6 x 7-hr seminars/week for 6 weeks Prohibitions: LAWS3492 Assessment: 2,500wd essay (50%) and 1.5 hr closed book exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
Knowledge of legal history is fundamental to a proper understanding of the common law, grounded as it is in precedent. This unit of study seeks to provide students with an overview of the historical development of English law, focusing particularly on aspects of private law. Topics covered may include: the origins of the common law; the traditional structure of courts and writs; the development of trial and evidence; possession and ownership; real property (from 1066 to Mabo); trespass, actions on the case, assumpsit, contract and tort; and leading jurists in the history of Anglo-Australian law. Lectures will be given by a range of distinguished current and former judges, academics and barristers.

2017 Part 2- Master's Level Electives

LAWS6013 Advanced Employment Law

Credit points: 6 Teacher/Coordinator: Ms Kathryn Peterson Session: Intensive August Classes: Intro Class: Jul 25 (6-8) then Aug 11, 12 & 25, 26 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: Options: (i) class participation (20%) and 6000wd essay (80%) or (ii) class participation (20%) and 2 x 3000wd problem assignments (40% each) or (iii) class participation (20%) and 3000wd problem assignment (40%) and 3000wd essay (40%) Mode of delivery: Block mode
This unit of study is designed especially for candidates in the MLLR program. The unit examines the regulation of the individual employment relationship. The unit builds on the introduction to this topic in the foundation LAWS6071 Labour Law unit, by examining in closer detail the formation, construction and interpretation of employment contracts (including incorporation of policies and other documents, and exercise of contractual discretions); duties of employers and employees in contract; termination of employment contracts; and post-employment obligations (including restraints of trade). Students will examine decisions of courts and tribunals in detail.
LAWS6165 Biodiversity Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Intensive April Classes: Apr 5-8 (9-5) Assessment: class presentation and 2000wd essay (25%) and 6000wd (75%) Practical field work: If possible, an appropriate practical component (along field trip lines) will be added to give further insight. Mode of delivery: Block mode
Biological diversity is the variability among living organisms and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems. Aside from whatever intrinsic value it may possess, biodiversity is crucial to support human life and welfare. Australia is fortunate to have some of the world¿s most complex and unique biodiversity - unfortunately, also to have one of the highest rates of extinction and loss of biodiversity. Despite a sophisticated system of environmental governance and a relatively high degree of environmental awareness, biodiversity continues to decline rapidly in Australia. This unit will consider the international legal regime related to the protection of biodiversity; how international instruments are incorporated into (or otherwise affect) Australia¿s regime; and the operation of Australia¿s regime at both national and state levels (the latter, particularly in NSW) - and will include consideration of various threats to biodiversity, different protection options (in situ and ex situ), and how biodiversity-related considerations affect and are affected by other Environmental Law fields
LAWS6320 Climate Disaster Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Prof Michael Faure Session: Intensive July Classes: Jul 5-8 (9-5) Assessment: class participation (20%) and 8000wd essay (80%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Pre-enrolment registration is required. For further information, please visit Sydney Law School website http://sydney.edu.au/law/
Recent extreme weather events and disasters around the world have resulted in loss of life, property, infrastructure and livelihoods and have severely disrupted the normal functioning of the societies which they have impacted. Worldwide insured losses alone from weather-related disasters have risen from US$5.1 billion per year between 1970-1989 to US$27 billion annually over the past two decades. International climate change negotiations have, over the past five years, delivered outcomes that are entirely inadequate to meet the goal set by the Parties to the United Nations Framework Convention on Climate Change of keeping the rise in average global temperatures below 2 degrees C above pre-industrial temperatures. This unit of study adopts a climate justice approach to assess the respective roles and responsibilities of government and insurers to avoid, prepare for, respond to, recover from, and compensate for, the risks of climate disasters. The questions of avoidance and recovery will rely heavily on traditional Environmental Law mechanisms such as environmental planning and assessment and pollution and waste regimes, as well as the protection of biodiversity. The unit will also assess the viability of tort law and strict liability regimes for hazardous activities to compensate those who are impacted by climate disasters. The strict liability regimes include: global oil pollution spills, hazardous chemicals, asbestos and nuclear disasters. The unit will be taught by an esteemed international team of climate lawyers and individuals with experience in the insurance industry.
The objectives of this unit of study are to: Understand the science presented in two recent scientific reports, the Intergovernmental Panel on Climate Change's 2012 Special Report Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation (SREX), published in 2012, and the Australian Climate Commission's (CCC) 2013 The Critical Decade: Extreme Weather, (Extreme Weather Report, Understand the foundations of climate justice in the context of climate disasters, Understand the relevance of the United Nations Framework Convention on Climate Change, including the loss and damage mechanism, and the Hyogo Framework for Action 2005-2015: Building the Resilience of Nations and Communities to Disasters, The role of governments in enacting climate disaster risk reduction laws including: The role of Environmental and Planning Assessment Law and Building Codes in attempting to prevent climate disasters, Pollution, waste and contamination laws in the post-disaster phases, Biodiversity Law that is expected to protect species from the impacts of climate change and disasters, as well as promote ecosystems as disaster prevention measures, Governance arrangements between levels of government during and post the disaster, Compensatory regimes including those provided by government and the private sector through ex-post disaster relief, insurance and the capital markets; and The strengths and weaknesses of tort and strict liability regimes for compensating the victims of disaster.
LAWS6032 Crime Research and Policy

Credit points: 6 Teacher/Coordinator: Prof Judith Cashmore Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class participation (10%), 2000wd research problem (30%) and 4000wd research proposal (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for MCrim and GradDipCrim students and co-requisite for other criminology units.
This unit provides an examination of research methods in the context of criminology. The relationship between theory and methodology is explored. The production of knowledge about crime is critically assessed. Sources and forms of crime data are discussed and their significance is assessed. Research design, evaluation and analysis are also studied.
LAWS6066 Discretion in Criminal Justice

Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Intensive August Classes: Aug 4, 5 & 18, 19 (9-5) Assessment: take-home exam (60%) and essay (40%) Mode of delivery: Block mode
This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step. It deals with each stage from the reporting or observation of crime, through investigation, arrest, charging, bail, plea, hearing, appeal, retrial and publicity. It describes how actors at each step (citizens, police, prosecutors and judges) confront decision making, the laws (legislation, common law) and rules (prosecution guidelines, memoranda and procedures) that apply and provides examples of the exercise of such discretions. It also looks at the place of public commentary (personal, the media and political) in the process. The unit explores nuances in the conduct of any criminal prosecution aside from the application of the letter of the law.
LAWS6984 Economics of Tax Policy

Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Intensive September Classes: Sep 25, 26 & Oct 3, 4 (10-5) Prohibitions: LAWS6257 Assessment: class participation and presentation (10%) and 5000-6000wd essay (90%) Mode of delivery: Block mode
The objective of the unit is to provide an understanding of the modern economics approach to the analysis of tax policy. The unit defines the role of taxation within the framework of welfare economics and examines the social and economic effects of reforms drawing on available empirical evidence. Particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment. Topics covered include: taxation of labour income, consumption and capital income, family income taxation, alternative approaches to the taxation of emission, and the taxation of resource rents.
LAWS6163 Energy and Climate Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Intensive September Classes: Sep 1, 2 & 8, 9 (9-5) Prohibitions: LAWS6863 Assessment: class participation (20%) and 8000wd essay (80%) Mode of delivery: Block mode
This unit adopts an inter-disciplinary and integrative approach to understanding the dynamics of one of the most pressing global environmental concerns ecologically sustainable energy use. Working loosely within the framework of the Climate Change Convention, the unit relies on the perspectives of scientists, lawyers and economists to develop an integrated approach to sustainable energy use. The unit identifies current patterns of energy use in Australia and examines Australia's response to the Climate Change Convention. It also analyses the strengths and weaknesses of various political, legal and economic mechanisms for influencing the choice of energy use. The initiatives of the Commonwealth and New South Wales governments, as well as local councils, to promote sustainable energy use and to combat global warming are scrutinised.
LAWS6354 Environ Planning and Impact Assessment Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens, Assoc Prof Andrew Edgar Session: Intensive September Classes: Sep 15, 16 and 22, 23 (9-5) Prohibitions: LAWS6043, LAWS6045, LAWS3430, LAWS5130 Assumed knowledge: students who do not hold an undergraduate law degree must have completed LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit and LAWS6044 Environmental Law and Policy (MEL only) Assessment: class presentation and 1000wd essay (25%) and 6000wd essay (75%) Mode of delivery: Block mode
This unit has three aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures and environmental planning laws in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA and environmental planning laws by examining their historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to current laws and legal practices.
LAWS6330 Fundamentals of Regulation

Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve Session: Intensive September Classes: Intro Class: Aug 28 (6-8) then Aug 31 & Sep 1 & Oct 5, 6 (9-5) Assessment: Options: (i) class presentation (20%) and 8000wd essay (80%) or (ii) problem question (30%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
This unit examines regulatory theory and practice within the context of the regulatory state. Growing privatization and corporatization has heightened demand for public regulation of private activities, but also for regulation of the state itself. At the same time, consumers, governments, and civil society place pressure on the private sector to address the social and environmental consequences of its actions through various forms of self-regulation. These trends have produced increasingly complex regulatory systems, and regulation is now a dominant aspect of the legal landscape, at both national and international levels. This unit acts as an introduction to key theories, concepts, and debates within the field of regulatory studies, as well as to the main tools and instruments of regulation. Focusing on social regulation, it uses practical examples to analyze the implementation and enforcement of regulatory regimes in various areas, including public health, workplace health and safety, and environmental protection. It explores corporate responses to regulation, as well as the roles, practices, and accountability of regulatory agencies, and of other actors involved in the administration, monitoring, and enforcement of regulation. The unit will be of interest to lawyers and other professionals engaged in regulatory compliance and enforcement, as well as to students with an interest in regulatory theory and practice more broadly. This unit will provide a gateway for further study in more specialized areas of regulation.
LAWS6214 Goods and Services Tax Principles A

Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar Session: Intensive March Classes: Mar 22-24 & 27, 28 (9-4) Assessment: class work/test (35%) and 2hr exam (65%). A research essay may be undertaken in lieu of the exam with the permission of the Unit Coordinator. Mode of delivery: Block mode
This unit introduces the key concepts that underpin the Australian GST, the policies underlying the tax, and the way those policies are (or are not) reflected in the design of the GST law. The aim is to give participants a working knowledge of the operation of the GST law and an awareness of the practical problems encountered in practice, informed by an understanding of the way in which the law is intended to operate.
The unit will commence with an examination of the basic design features of value added taxes in general and of Australia's GST in particular. It will then examine the core elements of the GST law, including: the taxpayer (entities, enterprise, and the obligation to register for GST), the liability for tax on supplies made for consideration; the value of taxable supplies and the amount of GST payable on supplies; the entitlement to input tax credits and the range of subsequent adjustments that may be required; attributing GST and input tax credits to tax periods; adjustments for adjustment events; basic principles of GST-free and input taxed supplies (including an introduction to real property transactions and intermediation services, primarily focussing on financial supplies); basic cross-border issues, including the treatment of imports and exports.
LAWS6052 Govt Regulation, Health Policy and Ethics

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive October Classes: Sep 28, 29 & Oct 5, 6 (9-5) Assessment: 7500wd essay (100%) or 2x3750wd essays (2x50%) Mode of delivery: Block mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252 or LAWS6881.
This unit examines government regulation of health care, drugs, resource allocation, medical research and professional practice. With regard to each area of government decision-making, issues are analysed by reference to the interplay between social goals, human rights, legal rights and ethical considerations. Topics covered include the constitutional and statutory sources of government power with respect to health care: regulatory models and reform of public health legislation; therapeutic goods administration; health insurance; pharmaceutical benefits and the pharmacy industry; immunisiation, notifiable diseases and public health emergencies; human tissue legislation; discipline of health professionals; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.
LAWS6862 Hate Crime

Credit points: 6 Teacher/Coordinator: Prof Gail Mason Session: Intensive March Classes: Mar 17, 18 & 31, Apr 1 (9-5) Assessment: assignment (30%) and essay 5000wd (70%) Mode of delivery: Block mode
Hate crime has emerged as a global problem in the last few decades. Yet the concept itself is controversial. This unit aims to trace the development of the socio-legal concept of hate crime, causal explanations for hate crime and the different ways in which it is regulated. The unit will examine some the major forms of hate crime, including racist, ethno-religious and homophobic violence, with a focus on contemporary debates, such as: is violence against women a form of hate crime; should paedophiles be a protected category; should hate crimes attract higher punishment than other crimes? The unit will critically assess the international geography of hate crime law, making comparisons between Australia, the UK and the US. The unit will seek to provoke debate about how we should define and combat the problem of hate crime.
LAWS6054 Health Care and Professional Liability

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive May Classes: Apr 27, 28 & May 25, 26 (9-5) Assessment: class presentation (10%), 2000wd class paper (30%) and assignment (60%) Mode of delivery: Block mode
Note: Core unit for GradDipPubHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252 or LAWS6881.
This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.
LAWS6351 IP: Management and Disputes

Credit points: 6 Teacher/Coordinator: Assoc Prof Kimberlee Weatherall, Dr Fady Aoun Session: Intensive October Classes: Sep 29, 30 and Oct 13, 14 (9-5) Assumed knowledge: LAWS3480/LAWS5180 Copyright & Designs, LAWS3479/LAWS5179 Trade Marks & Patents or LAWS6873 Principles of Intellectual Property Assessment: class participation (10%), class presentation (20%) and 7000wd essay (70%) Mode of delivery: Block mode
This unit aims to provide students with tangible and in-depth case studies focusing on IP management and strategy, and legal and procedural/evidentiary questions in leading IP cases. The target audience includes students wishing to advance their study of Intellectual Property, as well as legal practitioners hoping to develop their skills and knowledge base in this exciting area of the law. The unit provides opportunities to explore questions of legal strategy, IP and innovation policy, and dispute resolution through real world case studies. Potential issues involved include how branding strategies interrelate with trade mark law, the role of experts in patent law and beyond, and current disputes over the scope of copyright rights and licensing.
Textbooks
Kathy Bowrey, Michael Handler, Dianne Nicol and Kimberlee Weatherall, Australian Intellectual Property: Commentary, Law and Practice, Oxford University Press, 2nd ed, 2015 (`BHNW¿); Robert Burrell & Michael Handler, Australian Trade Mark Law, Oxford University Press, 2nd ed, 2016; Mark Davison and Ian Horak, Shanahan's Australian Law of Trade Marks and Passing Off (5th ed, 2012); and Colin Bodkin, Patent Law in Australia, 2nd ed, ThomsonReuters, 2014.
LAWS6877 Mental Illness: Law and Policy

Credit points: 6 Teacher/Coordinator: Adj Prof Duncan Chappell Session: Intensive September Classes: Aug 28, 29 & Sep 4, 5 (9-5) Assessment: 3000wd assignment (40%) and 4500wd essay (60%) Mode of delivery: Block mode
This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.
LAWS6344 Work, Care and Gender

Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Intensive February Classes: Intro Class: 7 Feb (6-8) then Feb 24, 25 & Mar 24, 25 (9-5) Assumed knowledge: LAWS6252 or a law degree Assessment: Options: (i) class participation (10%), 1000wd assignment (25%) and 6000wd assignment (65%) or (ii) class participation (10%), 1000wd assignment (25%), class presentation (10%) and 6000wd assignment (55%) Mode of delivery: Block mode
In this unit we examine laws that regulate work-family balance, looking at employer duties to provide 'family-friendly'' working conditions and employee rights to have caring responsibilities accommodated in the workplace. We look at gender norms about work and care and how law reflects, reinforces and sometimes challenges these. The focus is on workplace laws - Fair Work Act 2009 (Cth), anti-discrimination legislation (in respect of discrimination on the basis of sex and caring responsibilities), and the Workplace Gender Equality Act 2012 (Cth). We will, however, also touch on a range of other laws that regulate work and care, including laws governing paid parental leave, social security, and tax laws (including child care subsidies and family assistance). Comparisons will be made with alternative legal regimes for work and care in other countries, such as the United States, United Kingdom, New Zealand and Sweden.
LAWS6191 Water Law and Climate Change

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Intensive October Classes: Oct 20, 21 & 27, 28 (9-5) Assessment: class participation (20%) and 7000wd essay (80%) Mode of delivery: Block mode
This unit of study situates the management of Australia's water resources within an International Law context including the United Nations Framework Convention on Climate Change, International Water Law principles and an internationally recognised human right to water. The unit examines the ecologically sustainable management of water resources in the context of climate change, with Australia being the driest inhabited continent. According to the Garnaut Climate Change Review, climate change could halve the productive capacity of the Murray Darling Basin, which produces one third of Australia's food supply, by 2050. In May 2012, the Murray Darling Basin Authority released the controversial Draft Basin Plan which proposes to allocate more water for the environment. At the same time, the Council of Australian Governments is pursuing a decade long process of water reform to establish a national water trading market by 2014. Consequently, the unit examines water resource management from the interdisciplinary perspectives of law, science and within the context of broader economic reform and the National Competition Policy framework. The corporatisation of water utilities and competition in the water service market is also discussed. Key legislation covered are the Water Act 2007 (Cth) and the Water Management Act 2000 (NSW).