Juris Doctor Unit of Study Descriptions

Elective Units of Study

Students must complete 42 credit points of elective units of study comprising:
(i) a maximum of 36 credit points of units of study from Part 1 Electives
(ii) a minimum of 6 credit points of units of study from Part 2 Jurisprudence Electives
(iii) no more than 24 credit points of master's level units of study in the Juris Doctor

Part 1 - 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
LAWS5102 Advanced Contracts

Credit points: 6 Teacher/Coordinator: Associate Professor Yane Svetiev Session: Semester 2 Classes: 2x2hr seminars/wk Assessment: Class presentation (20%); 2 x 800wd reaction papers (20%); 1 x 5000wd research paper or final 2hr exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
The unit of study builds on the knowledge students have gained in the core contracts courses (Contracts and Torts and Contracts 2). The specific focus of the Advanced Contracts unit of study is on the regulatory dimension of contracts and contract law. During the unit we will study the regulatory aspect of common law contracts doctrines and the forms of regulation of contractual relations whereby contracts and contract law are used to achieve different public policy goals. The unit of study will provide opportunities to deepen your knowledge of the regulation of contracts from a practical perspective (focusing on current legal and policy problems), while also allowing interested students to engage in a research task either on a practical legal problem or one that has a scholarly dimension. The background material studied in the unit of study will be used to reflect on public policy debates (such as the Financial Services Royal Commission focusing on private law relationships in the financial services sector). The different case studies examined in the unit of study will be used to re-examine some of the fundamental underlying principles of contract law and the various statutory interventions in this field.
LAWS5103 Advanced Corporate Law

Credit points: 6 Teacher/Coordinator: Dr Kym Sheehan Session: Semester 1 Classes: 1 x 3hr seminars/week for 13 weeks Prerequisites: LAWS5014 Prohibitions: LAWS5145 Assessment: Class participation (10%), 1800wd take-home problem question assignment (20%), and either 4,500wd research essay (70%) or final 2hr exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) evening
This unit of study has as its objective the exploration of contemporary issues concerning debt and equity finance in Australian public and proprietary companies, with an emphasis on law reform in the areas of the raising of corporate finance; the positions of shareholders and creditors in the event of the company's insolvency; as well as aspects of external administration include receivership, voluntary administration, liquidation.
LAWS5108 Advanced Public International Law

Credit points: 6 Teacher/Coordinator: Prof Mary Crock, Prof Chester Brown Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1018 or LAWS1023 or LAWS2005 or LAWS5005 Prohibitions: LAWS3009 or LAWS3408 Assessment: 3,000wd essay (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit provides an opportunity for students who are familiar with the basic institutions and processes of public international law to deepen their understanding by studying in greater detail than is possible in the introductory unit several areas of conceptual importance and contemporary relevance. It follows that a prerequisite is the unit, LAWS1023 Public International Law or LAWS5005 Public International Law, or an equivalent unit undertaken at another institution.
The topics covered by this unit are: (1) the international law of the sea; (2) international environmental law; (3) international refugee law and related human rights laws; and (4) the law of international organisations and systems of monitoring and compliance in international law. The different aspects of the course are tied together using disasters, climate change and forced migration as unifying themes. One half of the course addresses issues that involve the interaction of nation states under international law, while the second half deals with international law regulating the interaction of states with natural persons. The chosen topics are specialised, substantive areas of law which are of particular importance to global governance of resources, particularly for a large, ecologically diverse and maritime State such as Australia, and are extremely topical on the national and international agendas.
LAWS5109 Advanced Taxation Law

Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS3047 or LAWS3412 or LAWS5112 Prohibitions: LAWS3013 or LAWS3409 Assessment: Optional mid-semester test (30%) and 2 hr final exam (70% or 100%). 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) aspects of Australia's tax system, with particular attention to special rules applicable to entities (partnerships, trusts, and companies ¿ and their owners) and international taxation. The topics studied in Australian Income Tax will be expanded upon and together these units provide a basic understanding of the Australian tax system and a basis for further study and/or practice.
Textbooks
Income Taxation: Commentary and Materials (Thomson Reuters, current edition)
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%), mid-semester exam (25%) and 2hr final 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, Associate Professor Celeste Black Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3047 or LAWS3412 Assessment: Optional 2 hour mid-semester quiz (30%) and 2 hr final exam (70% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day
This unit introduces the Australian income tax system by exploring the operation of the tax statutes (and cases interpreting them), the underlying principles that those laws seek to implement, and fundamental issues in tax policy. The topics covered include the concept and categories of income; the calculation and treatment of capital gains; the taxation of remuneration including fringe benefits; business income; deductions; the basics of trading stock accounting and depreciation; an introduction to the taxation of partnerships, trusts and companies; the tax assessment process; the Goods and Services Tax; legislative responses to tax avoidance; and the ethical responsibilities of tax advisers. This unit is a prerequisite for Advanced Taxation Law.
Textbooks
Income Taxation: Commentary and Materials (Thomson Reuters, current edition)
LAWS5113 Banking and Financial Instruments

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Semester 1 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) 2,750wd 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.
LAWS5117 Commercial Land Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Fiona Burns Session: Semester 1 Classes: 2x2hr seminar/week for 10 weeks Assessment: Structured class presentation (20%) and 2500wd research essay (40%) and 1hr (and 30 mins reading time) open book exam (40%). 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 only if significant 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.
Textbooks
Brendan Edgeworth, Butt's Land Law (7th ed, Lawbook Co)
LAWS5126 Criminology

Credit points: 6 Teacher/Coordinator: Associate Professor Garner Clancey Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3020 or LAWS3426 Assessment: Class participation (10%), 1200wd paper on prison visit (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.
LAWS5128 Media Law: Defamation and Privacy

Credit points: 6 Teacher/Coordinator: Professor David Rolph Session: Semester 1a,Semester 2 Classes: Semester 1: 1 x 7hr seminar/week for 6 weeks. Semester 2: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3059 or LAWS3428 Assessment: Four options: 1) 2,500wd problem assignment (30%) and take-home exam (70%); 2) 3,500wd research essay (40%) and take-home exam (60%); 3) 2,500wd problem assignment (30%) and 3,500wd research essay (40%) and take-home exam (30%); or 4) take-home 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.
LAWS5130 Environmental Law

Credit points: 6 Teacher/Coordinator: Dr Kate Owens Session: Semester 2 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 contemporary environmental issues, outline the sources of environmental law and provide an overview of the different approaches to both global and domestic environmental regulation before examining a range of topical areas, including climate change, water management, mining , pollution control, waste management, environmental planning, development control and environmental impact assessment. Overarching themes will include the implications of state sovereignty for global environmental protection, the challenges of giving effect to the principles of environmentally sustainable development through 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.
LAWS5131 Law and Social Justice Clinic

Credit points: 6 Teacher/Coordinator: Ms Irene Baghoomians Session: Semester 2 Classes: 10 x 2hr seminars/semester Prohibitions: LAWS3025 or LAWS3431 Assessment: Class attendance and participation (20%) and site performance (20%) and 3000wd essay (40%). Also requires satisfactory attendance at placement and maintenance of a reflective journal 20%) Practical field work: Placement one day a week at an approved site for the duration of the semester (11-12 weeks). 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 weekly 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.
LAWS5132 Family Law

Credit points: 6 Teacher/Coordinator: Dr Ghena Krayem (semester 1), Ms Felicity Bell (semester 2). Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3026 or LAWS3432 Assessment: 2500wd assignment (40%) and final exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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.
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.
LAWS5134 International Human Rights Law

Credit points: 6 Teacher/Coordinator: Ms Irene Baghoomians Session: Semester 2 Classes: 2x2-hr seminars/week for 10 week Prerequisites: LAWS2005 or LAWS1018 or LAWS1023 or LAWS5005 Prohibitions: LAWS3034 or LAWS3434 Assessment: 3000wd essay (50%) and 3000wd take-home exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study introduces students to the principles and practice of international human rights law - a species of international law and policy and a field of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: What happens when we regard a situation or predicament as one involving a breach of international human rights law? What possibilities and problems does this entail? Addressing these questions, we will look at: (a) particular fora where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) particular settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure.
LAWS5135 Indigenous Peoples and Public Law

Credit points: 6 Teacher/Coordinator: Dr Tanya Mitchell Session: Semester 2 Classes: 2 x 2hr seminar/week for 10 weeks. 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.
LAWS5137 International Commercial Arbitration

Credit points: 6 Teacher/Coordinator: Professor Luke Nottiage Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002 or LAWS2008 or LAWS5002 Prohibitions: LAWS3092 or LAWS3437 Assessment: Mid-term assignment (40%) and final research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study aims to introduce students to the fundamentals of international commercial arbitration. The course covers the entire process of international arbitration: the significance of international commercial arbitration in international dispute resolution; the importance of a well drafted arbitration agreement; all procedural and conceptual aspects and legal issues arising during cross border arbitrations; arbitral awards and the enforcement of arbitral awards around the world through the 1958 New York Convention, and the relevance and use of mediation (and its hybrids) in resolving commercial disputes. The unit will address the role and significance of specialised forms of international arbitrations and organisations involved in administering international arbitrations, including investor-State arbitrations under investment treaties and free trade agreements.
LAWS5138 International Commercial Transactions

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath, Prof Luke Nottage Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002 or LAWS2008 or LAWS5002 Prohibitions: LAWS3072 or LAWS3438 Assessment: Either [3500wd mid-term research essay (50%) and final exam (50%)] or [final exam (100%)]. Mode of delivery: Normal (lecture/lab/tutorial) day
The objective of this unit is to provide students with an introduction to a number of areas of international and cross-border business law and business transactions and to provide students with a basis which will allow them to study some of those areas in more detail. The course will begin with an overview of the scope of the law relating to international transactions. The core topics are international sale of goods, carriage of goods, international payments and financing of international sales, an introduction to the regulation of international trade, and methods of doing business in foreign markets, including international protection of intellectual property, dispute resolution in international business disputes, and the availability and use of available business structures and methods such as direct foreign investment. As part of the discussion of doing business in foreign markets and use of available business structures, students will look at the structure and drafting of international commercial agreements, and may participate in a skills exercise.
Textbooks
Bath and Moens, International Business Law in Australasia¿ (2nd Ed) federation Press 2019
LAWS5141 Introduction to Islamic Law

Credit points: 6 Teacher/Coordinator: Associate Professor Salim Farrar and Mr Aftab Malik Session: Semester 2 Classes: 2x 2hr seminars per week Assessment: Class participation (10%) and blog (30%) and 4000-5000wd research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
This seminar program is an introductory course in Islamic Law. It will focus on Shari'ah (the classical laws as derived from the religious sources), and will seek to explain its relationship to the contemporary laws of Muslim states and to the cultural practices of Muslim communities living in Australia and other predominantly non-Muslim states. The course aims to provide a basic understanding of the sources of Islamic Law, their interpretation, and of the 'Schools of Law' which predominate in the Muslim World. The case studies seek to engage students to assess critically past and present understandings in the contexts of terrorism, modernity and social change.
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 end of course take home exam OR 3000wd optional additional research essay OR 3000wd long problem (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
Legal interpretation is the process by which the legal meaning of a text is worked out 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.
Textbooks
Herzfeld Tully and Prince Interpretation and Use of Legal Sources 2013
LAWS5144 Japanese Law

Credit points: 6 Teacher/Coordinator: Professor Luke Nottage Session: Intensive February,Intensive March Classes: Held as an intensive in February in Kyoto and Tokyo. Introduction class held in Sydney prior to departure. Includes field trips such as study tour to Osaka. Prohibitions: LAWS3076 or LAWS3444 Assessment: Two 750wd reflective notes (20%) and 4500wd research essay (80%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Applications for the offshore intensive unit are by separate application to Sydney Law School.
This unit aims to develop the general skills of comparative lawyers, to effectively and critically assess contemporary developments in the legal system of the largest economy in our region. The unit is taught intensively in Japan after an introductory class in Sydney. The first week in Kyoto provides an introduction to how law operates generally in Japanese society. After an overview of comparative law techniques, Japanese legal history and its contemporary legal system, classes explore civil and criminal justice, politics and constitutionalism, government and law, gender and law, lawyers and the courts in Japan as well as pop culture, contracts, consumers and law. The two days in Tokyo examine business law topics in socio-economic context in more detail, after an introduction to the Japanese economy and international trade policy. Topics include dispute resolution, investment and finance law, labour law and corporate governance.
LAWS5145 Insolvency Law

Credit points: 6 Teacher/Coordinator: Mr Lindsay Powers 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.
Textbooks
Michael Murray and Jason Harris, Keay's Insolvency: Personal and Corporate Law and Practice (Law Book Co. 10th ed 2018).
LAWS5146 Labour Law

Credit points: 6 Teacher/Coordinator: Ms Kate Peterson Session: Semester 1 Classes: 1x4hr seminar/wk for 10 weeks Prohibitions: LAWS3023 or LAWS3446 or LAWS6071 Assessment: 3000wd assignment (40%) and 2 hour open book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Note: Department permission required for enrolment
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).
Textbooks
Macken's Law of Employment 8th ed, (2016, Thomson Reuters)
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 unit include: consent to medical treatment, professional liability of health professionals, medical negligence, the regulation of reproduction (including termination of pregnancy), end-of-life decision-making, including assisted dying or "euthanasia", reproductive technology, and privacy, confidentiality and access to medical records. 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.
LAWS5157 Private International Law B

Credit points: 6 Teacher/Coordinator: Mr Ross Anderson Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3015 or LAWS3457 Assessment: Class test (20%), and final 2hr exam (80%). Mode of delivery: Normal (lecture/lab/tutorial) day
Private international law is the part of local or municipal private law which is concerned with questions which contain a foreign element i.e. a relevant connection between a fact or party and a foreign legal system. For example, private international law issues will require consideration if a question arises in New South Wales concerning the distribution of the property of a person who died domiciled in France or the validity of a mortgage of shares in a New York corporation or the recognition of the dissolution of a marriage by a Norwegian court.
In seeking to develop your understanding of the international dimension of private law and your appreciation of the fact that many legal questions which arise in everyday life are not confined within one legal system, this unit of study will address the following topics: (1) personal connecting factor (domicile, nationality, residence); (2) renvoi and the incidental question; (3) transactions involving immovable property (e.g. land, intellectual property rights) and movable property (e.g. ships, aircraft, artworks, shares, contractual rights); (4) devolution of property on death (succession); (5) marriage validity; and (6) dissolution and annulment of marriage, including the recognition of foreign dissolutions and annulments of marriage. In addition to these topics, an introductory survey will address the function, purpose and rationale of private international law, theories and methods (e.g. the territorial theory of law, the vested rights theory), historical development and the relationship between statutes and the common law rules of private international law.
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.
LAWS5161 Public Interest Law Clinic

Credit points: 6 Teacher/Coordinator: Prof Simon Rice 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: Professional practice
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.
LAWS5163 Sports Law

Credit points: 6 Teacher/Coordinator: Mr David Thorpe Session: Semester 1 Classes: 1 x 3hr seminars/week for 13 weeks Prerequisites: LAWS5001 and LAWS5002 and LAWS5006 Assessment: 2 x Class presentation and 1200wd written report (40%) and 3,600wd assignment (60%). Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Interest in sport is not essential to doing this subject. The topics are largely universal in application.
The law of sport is a commercial law subject. This is to be expected in an industry that is a major economic driver, generating revenue in the billions of dollars each year in Australia. Indeed, with the rise of the digital media, internationalisation and the elevation of female competitions, sport is one of the world's fastest growing enterprises. With that growth comes recognition of how the law guides and affects the business of sport and, in consequence, reflects a growing demand for lawyers with pertinent expertise. The establishment of a Federal Sports Tribunal by the Australian government, to run from 2020, underlines further the role of the law in sport and the increasing need for specialised expertise. Major sporting events such as an Australian grand final or an international fixture rely on legal advice touching on areas as diverse as event management, marketing and intellectual property, the avoidance of tortious law suits and the prosecution of on-field criminal assaults. Moreover, the public interest and financial stakes involved in sport disputes often leads to litigation within a few weeks of a cause of action arising. The increasing number of law journals in North America and Europe publishing on sport is testament to the importance of the law of sport and is some recognition of a developing 'lex sportiva'.
Legal issues within in the context of sport are myriad, and almost inevitably find their way into media discussion, for example: when can an athlete's contract be terminated for off-field misconduct; when can an athlete be jailed for on-field violence; what legal rights of appeal are there for non-selected athletes; when can an athlete be prosecuted for corruption or doping; to whom do team doctors owe a duty of care; are athletes illegally exploited by major sporting organisations; are sport disciplinary tribunals entitled to cancel an athlete's contract; what role does reasonableness and proportionality play in athlete discipline; how can a sporting organisation deal with claims of discrimination; are coaches and clubs legally liable for the actions of their athletes; is it legal to exclude an athlete or member of the public from a sporting venue; when is a referee legally liable in the tort of negligence? A great advantage of this subject it that complex legal issues are discussed in a factual setting most are familiar with, thereby promoting meaning, interest and understanding.
Textbooks
Thorpe, Buti, Davies, Jonson, Sports Law, 3rd ed. 2018, Oxford University Press, Melbourne.
LAWS5165 Sydney Law Review

Credit points: 6 Teacher/Coordinator: Associate Professor Celeste Black Session: Semester 1,Semester 2 Classes: Three or four compulsory meetings across the semester. Students should be prepared to attend the initial class meeting in July. Prohibitions: LAWS3057 or LAWS3465 Assessment: Completion of editorial tasks (assessed as Satisfactory); 1000wd review note (20%); and 6000wd case note or law reform essay (80%). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by Departmental Permission. Applicants must have a minimum WAM of 70 and be in their final year of study.
This unit of study is offered annually under the supervision of a member of the academic staff of Sydney Law School and the Law Publishing Manager. The unit is limited to 10 students per semester and enrolment is by way of departmental permission on a first-come, first-serve basis. Applicants must have a minimum WAM of 70 and be in their final year of study. Each student will complete a range of tasks with respect to the Sydney Law Review, including copyediting and reference checking a submission, writing a review note (for assessment purposes only) and writing a case note or law reform essay for assessment and potential publication. The writing of the case note/law reform essay is under the supervision of a member of the academic staff of Sydney Law School. 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.
Textbooks
Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) (available online and via the University of Sydney Library)
LAWS5178 Development, Law and Human Rights

Credit points: 6 Teacher/Coordinator: Professor David Kinley Session: Intensive February Classes: Taught intensively in January and February in Nepal. Prohibitions: LAWS3478 or LAWS6846 Assessment: 1 x 2000wd assignment / take-home exam (40%) and 4000wd research essay (60%). Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Enrolment in the Himalayan Field School is by separate application to the Law School.
This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include: The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences); The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law; The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies; The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and tThe experience of women in development and human rights processes. The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.
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 final exam (50%) or (2) final examination (100%). Subject to change. Mode of delivery: Normal (lecture/lab/tutorial) day
This unit focuses on legal rights concerning the marketing of products, specifically, trade mark law and passing off, and legal rights concerning invention, specifically, patent law. Most aspects of the law of registered trade marks, including some references to passing-off and misleading and deceptive conduct 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; trade mark infringement; the badge of origin, private property and cultural resource functions of registered trade marks. In patent law, there will be a particular focus on the requirements for patentability under Australian patent law; the requirements for patent specifications; the concept of inventorship and ownership of patents; and patent infringement and defences. Although the unit of study emphasises legal doctrine and is 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.
Textbooks
David Price, Colin Bodkin, and Fady Aoun, Intellectual Property: Cases and Materials, ThomsonReuters, 6th ed, 2017.
LAWS5180 IP: Copyright and Designs

Credit points: 6 Teacher/Coordinator: Professor Kimberlee Weatherall Session: Semester 1 Classes: 2 x 2hr seminar/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.
LAWS5183 War Law: Use of Force and Humanitarian Law

Credit points: 6 Teacher/Coordinator: Professor Ben Saul Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3440 or LAWS3086 or LAWS3483 or LAWS6218 or LAWS6062 Assessment: 2500wd assignment (30%) and 3500wd take home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
A vital function of public international is its struggle against violence, both in preventing it from occurring and mitigating its effects once it gets under way. This unit explores two key areas of international law devoted to regulating intense violence involving governments or non- State actors: (1) International Law on the Use of Armed Force, and (2) International Humanitarian Law (also known as the Law of Armed Conflict or the Laws of War). The first part of the course considers the prohibition on the use of force under customary law and the United Nations Charter; exceptions to that prohibition in cases of self-defence by States or collective security action by the UN Security Council; controversies over pre-emptive self-defence, humanitarian intervention and the "Responsibility to Protect"; peacekeeping and peace enforcement; the role of regional and international actors; and the use of force by and against non-State actors. The second part of the course considers the origins, purposes and sources of international humanitarian law; its scope of application; the different types and thresholds of conflict; the permissible means and methods of warfare (including restrictions on weapons); the status and treatment of combatants and non-combatants and others (such as spies, mercenaries, "unlawful combatants", "terrorists", journalists, and "private security contractors"); the protection of cultural property and the environment; the relationship between human rights law and humanitarian law; and the implementation, supervision and enforcement of humanitarian law (including the prosecution of war crimes and the role of the International Committee of the Red Cross).
LAWS5189 International Moot

Credit points: 6 Teacher/Coordinator: Prof Chester Brown (Vis Moot), Dr Alison Pert (Jessup Moot), Prof Luke Nottage (Tokyo Negotiation and Arbitration Competition). Session: Intensive December,Intensive February,Semester 1 Classes: There are no formal classes scheduled for this unit. Prerequisites: LAWS1018 or LAWS1023 or LAWS5005 Prohibitions: LAWS3035 or LAWS3093 or LAWS3489 Assessment: For the Tokyo Negotiation and Arbitration Competition: Course participation, general participation and preparation as required (15%), research and writing of memorials (35%), preparation and participation in mooting rounds and competitions (50%). For the Jessup Moot and Vis Moot, students are assessed generally on their contribution to the research for and drafting of the written memorials, team work, oral skills, and preparation and participation in the mooting rounds and competitions. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study will be by special application, and will be based on competitve selection in accordance with the rules of the individual competition.
This unit of study will involve participation in one of three international moots, which in 2020 will be the Jessup Moot, the Willem C Vis International Commercial Arbitration Moot, and the Tokyo Negotiation and Arbitration Competition. There will be a competitive selection process for enrolment in the course. For all moots, students will work as a team preparing written memorials and oral argument on a set problem as required by each moot.
LAWS5199 Migration, Refugees and Forced Migration

Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Semester 2 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: (LAWS2002 or (LAWS2010 and LAWS1021) or (LAWS5007 and LAWS5010)) and (LAWS1004 or LAWS3000 or LAWS3003 or LAWS2011 or LAWS5011) Corequisites: (LAWS2002 or LAWS2010 or LAWS5010) and (LAWS1018 or LAWS2005 or LAWS1023 or LAWS5005) Prohibitions: LAWS3045 or LAWS3458 or LAWS5158 or LAWS3453 or LAWS5153 or LAWS3499 Assessment: 3000wd research essay (40%) and 2hr exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
Migration Refugees and Forced Migration is designed to introduce students to one of the most fast moving and engaging areas of public law. At one level, the unit is about government regulation of the entry of persons into Australia. As such, it is a branch of applied administrative law that concerns the very make-up of our society, affecting both who we live with and how we live our lives. Statistics show that more than one in four Australians were either born overseas or had an Australian-born parent. Dramatic skills shortages have seen unprecedented rises in the number of migrants brought to Australia on temporary and permanent visas. In spite of this, controversy persists over the nature of Australia's immigration program and the extent to which the government is doing enough to control both unlawful entry and the quality of the (lawful) migrants. Issues surrounding refugees and asylum seekers are a constant preoccupation. Covering both immigration law and domestic aspects of the law of forced migration the course is also a fine vehicle for exploring issues of human rights and the interaction between domestic and international law.
With Sydney receiving the lion's share of the migrants that come to Australia each year, migration law has become a growth area for both lawyers and for migration agents. By placing the current mechanisms for the controlling migration in their legal, social, historical and economic contexts, this unit provides an opportunity to explore the "big" issues raised by migration and to look at why the subject has assumed such a central role in the development of Australia's identity as a nation.
The unit of study is designed to foster the following skills:
a. Skills of statutory interpretation and problem-solving, through the study and use in practical situations of the Migration Act 1958 and its associated Regulations;
b. Skills of legal analysis and evaluation, gained through the examination and synthesis of relevant legislation; of court decisions and of rulings by the Migration Review Tribunal; the Refugee Review Tribunal; and the Administrative Appeals Tribunal in its migration division; and
c. Oral and writing skills, through class participation, simulation exercises and the preparation of a major research paper.
LAWS5202 Advanced Trusts

Credit points: 6 Teacher/Coordinator: Prof Matthew Conaglen Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Assessment: 1hr in-class exam (30%) and 2hr final exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit offers a detailed study of the content and role of the law of trusts in the management of assets. It examines conceptual analyses of the function served by trust law doctrine (including asset-partitioning, contractarianism and the irreducible core of trusts), as well as considering in depth the core doctrines that regulate the operation of intentionally created trust arrangements (such as trust accounting, the mechanisms for controlling trust powers, information rights, arbitration clauses, purpose trusts and enforcers). It also addresses some of the commercial uses to which trusts are put and the utility (or otherwise) of trusts in those settings. The focus is on traditional ('on-shore') jurisdictions, such as Australia and England, but consideration will also be given to the regimes in some of the 'off-shore' jurisdictions which are known for their innovation in trust laws.
LAWS5203 Insurance Law and Risk

Credit points: 6 Teacher/Coordinator: Mr Peter Mann Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3503 Assessment: Class Participation (10%), a 2000wd essay or problem-based assignment (40%) and 2hr open-book final exam (50%) 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
LAWS5207 Energy Law: Renewables and Emerging Tech

Credit points: 6 Teacher/Coordinator: Dr Penelope Crossley Session: Semester 1a,Semester 2 Classes: Semester 1: Taught intensively as 1x7hr seminars/week for 6 weeks. Semester 2: 2 x 2hr seminar/week for 10 weeks. Prerequisites: LAWS5002 Assessment: mock negotiation exercise (30%), in-class test (30%), and take-home exam (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
The mass commercialisation and uptake of renewable energy will be one of the most significant developments in the 21st century in terms of transforming both the industrial sector and daily life. The shift away from fossil fuels is already noticeable, with net investment in new renewable energy generation now exceeding that for fossil fuels. This unit explores the legal challenges associated with the increased uptake of renewable energy and emerging energy technologies. It considers approaches to electricity market design, and considers whether regulatory intervention in the market is warranted. Given the international nature of the renewable energy sector, students will explore and evaluate the effectiveness of the laws and policy approaches of different countries in promoting the increased deployment of renewable energy. Throughout this unit students will also have the opportunity to explore the issues that may arise throughout the life of a new renewable energy project, including environment and planning disputes, competition law issues, the need to successfully negotiate with key stakeholders, and to consider creative solutions to addressing them.
LAWS5208 Industry and Community Engagement

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Intensive February,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: Assessment may vary if the University alters the design of the interdisciplinary group project units, advised centrally for all projects taught under this unit and INDP3000. It will likely be: group plan (10%), group presentation (20%), 5000 wd group project report (50%), 1500 wd individual report (20%). However, all law students in this unit will be required to write a 1500 word disciplinary reflection, by the end of semester, which will be assessed by the Coordinator on a pass/fail basis. 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 two years of study who have a WAM above 65.
This unit is designed for final year LLB and JD students to participate in various interdisciplinary group projects 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 external partner, gaining valuable experience in working across disciplinary boundaries.
Textbooks
To be advised, if any, within the project
LAWS5210 External and Community Engagement

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Semester 1,Semester 2 Classes: Weekly classes will consist of seminars/workshops with acompanying online material. Assumed knowledge: Required knowledge will vary by project. Assessment: Assessment will vary according to the project but may include class participation, and analytical essay, observation and reflection, field reports and presentations. Practical field work: Projects for 2020 will be announced by the Law School at the end of 2019. Previous projects included the preparation and running of a criminal trial, working with Psychology students, NSW Public Defenders Office, and NSW Police; and researching and drafting a law reform campaign, and working with civil society organisations. Mode of delivery: Clinical experience
Note: Department permission required for enrolment
Note: To be advised, if any, according to the project
This unit is designed for later year LLB and JD students to undertake a project that allows them to work under the supervision of a University of Law School academic with one of the University's industry and community partners. This experience will allow students to apply their academic skills and disciplinary knowledge to a real-world issue in an authentic and meaningful way.
Textbooks
To be advised, if any, according to the project
LAWS5211 Indigenous Engagement

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Semester 1,Semester 2 Classes: Weekend pre-placement preparation program (including cultural competency workshops) 10 day community placement 5 day optional return trip to the community at the end of semester, for students to present their final reports to the community. 4 x two hour post-placement seminars/workshops. The unit is not taught in or by the Law School; it is taught by the academic in the host faculty for the project, FASS. Prohibitions: FASS3500 Assumed knowledge: Required knowledge will vary by project. Assessment: Interdisciplinary Group Work (10%), 1x3000wd Group Project Report (40%), 1 x Community Engagement (10%), 1x1500wd Reflective Essay (20%), 1 x500wd Pre-placement Preparation (20%) Practical field work: Student will undertake placements in Indigenous communities, undertaking projects which provide an opportunity to solve real-world problems. Mode of delivery: Field experience
Note: Department permission required for enrolment
This unit is designed to provide student with the opportunity to work on an interdisciplinary project in one of the University's Indigenous Service Learning Hubs. Students will work on real-world projects that have been prioritised and identified by Indigenous communities, applying their disciplinary expertise and gaining valuable experience in working across disciplinary boundaries.
LAWS5215 Citizenship and Nationality Law

Credit points: 6 Teacher/Coordinator: Dr Rayner Thwaites Session: Semester 2 Classes: Taught intensively 1 day per week for 7 weeks (each day 3x2hr seminar) Prerequisites: LAWS5005, LAWS5007 Assessment: general class participation (10%), oral presentation (15%), research outline and presentation (pass/fail), 4000wd research essay (75%) Mode of delivery: Normal (lecture/lab/tutorial) day
In the Australian context, citizenship status has recently been central to debates over Parliamentary disqualification by reason of dual citizenship, expanded powers of citizenship deprivation directed at 'foreign fighters', and proposed changes to the requirements for naturalization. The legal status of citizenship combines what is often a strong emotive charge, stemming from its relation to ideas of membership, allegiance and belonging, with a highly technical legal role in multiple fields of law. The course is particularly interested in the status as one that has implications within diverse fields of law, both municipal (constitutional and administrative) and international (public and private). A study of the legal status is an excellent vehicle for study of interactions between these fields. We will study the history of Australian citizenship, international law relating to nationality, the interaction between national citizenship regimes, current developments and proposals that affect rights integral to citizenship, and issues surrounding access to citizenship for long-term residents, among other topics. These issues will regularly be explored through their application to contemporary case studies and controversies. Their will include analysis of a wide range of sources, including publications in political science and history as well as judgments, court filings, government reports and parliamentary submissions. In relation to all of these topics we will consider the vexed relationship between citizenship as a formal status granted by states, and citizenship as a status enabling, and registering, belonging.
LAWS5216 International Law and China

Credit points: 6 Teacher/Coordinator: Professor Bing Ling Session: Semester 1 Classes: 2 x 2hr seminars / wk Assessment: optional 3000wd research essay (50%), final 2hr exam (50% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day
The unit covers the practice and perspectives of China on international law (including international economic law) and the impact of a rising China on the rule-based world order. It critically assesses China's international legal behaviour and evaluates the growing influence of China in the development of international law and institutions. Topics covered may include China's historical engagement with international law, domestic law and politics and China's international legal behaviour, China's territorial and maritime disputes with other nations, Chinese practice on the law of treaties, jurisdiction and immunities, human rights, environment and the use of force, the question of Taiwan, the question of Tibet, Hong Kong and Macau and One Country Two Systems, China's integration in the global trade and financial systems, Belt and Road initiatives and international economic law, etc. The syllabus of the unit and its assessment are designed to develop your knowledge, skills and competence in the critical understanding of the complex relationship between the international legal order and an emerging superpower that subscribes to a distinctive set of social, historical and cultural practices and narratives. The unit requires that have studied the unit of Public International Law. Pre-existing knowledge of Chinese law or Chinese language is not required.
LAWS5218 Law and Technology

Credit points: 6 Teacher/Coordinator: Prof Kim Weatherall Session: Semester 1 Classes: 2 x 2hr/wk Assumed knowledge: Torts, Contracts, Public Law and Criminal Law Mode of delivery: Normal (lecture/lab/tutorial) day
This course explores the interface between law and technology. It will introduce the challenges around regulating new and emerging technologies at a general and theoretical level, and consider the role of law, regulation, and other mechanisms for influencing technological development such as professional norms, ethical frameworks, and technological standards. The course will explore the challenges that developments in technology (such as artificial intelligence and automated systems) may pose to how we understand what law is, what law regulates, and how, including the impact of digital technologies on the role of lawyers and judges. The course will include deeper (case study) consideration of current substantive problems at the interface between law and technology, which could include, for example, data collection, sharing and use (privacy laws and surveillance); the regulation of automated decision-making and artificial intelligence and its impact on individual rights and disadvantaged groups; personalised/precision medicine. A background in science, information technology or engineering is not assumed or required; information about technologies considered will be provided.
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.
LAWS5360 Independent Research Project

Credit points: 6 Session: Semester 1,Semester 2 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.
LAWS5368 Chinese Laws and Chinese Legal Systems

Credit points: 6 Teacher/Coordinator: Professor Bing Ling (Sydney), Associate Professor Jeanne Huang (Shanghai) Session: Intensive December,Semester 2 Classes: Sydney: 2 x 2hr seminars/week for 10 weeks. Shanghai: This unit is undertaken in intensive mode (2 weeks) in China. Teaching takes place in November/December in Shanghai as part of the Shanghai Winter School. Prohibitions: LAWS3014 or LAWS3068 Assessment: Sydney: 3000wd optional essay (50%) and 1hr exam (50%) or 2hr exam (100%). Shanghai: Tutorial participation (10%) and final 5,500wd essay (90%). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolmentin the following sessions:Intensive December
Note: Enrolment in the Shanghai Winter School is by separate application to the Law School.
This unit will provide students with an overall picture of the modern Chinese legal system. It will develop a perception of its unique character by tracing its role through major social epochs and the role of law in a socialist market economy. It will examine the concept of law as a political function and the implementation of law, not so much through courts, as through administrative fiats and authority, making law essentially a function of politics and administration. The unit will illustrate these perceptions through the study of various legal regimes. Lecture topics may include: Chinese legal history; Chinese legal system; Criminal law and procedure; Constitutional law; civil law and procedure; legal profession; administrative law; contract law; property law; company law; intellectual property law; environmental Law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law.

Part 1 - Master's Level Electives

LAWS6032 Crime Research and Policy

Credit points: 6 Teacher/Coordinator: Prof Judith Cashmore Session: Semester 2 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. Elective unit for GradDipCrim students who commenced on or after 1 Jan 2019. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6041 Environmental Litigation

Credit points: 6 Teacher/Coordinator: Adj Prof Justice Nicola Pain, Justice Rachel Pepper Session: Intensive September Classes: Aug 8 & 10-12 (9-5) Assessment: 4000wd paper on a practical task/topic (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit focuses on litigation as a tool for resolving environmental disputes. The unit examines different types of environmental litigation and issues that can arise in litigation processes. Candidates will develop an understanding of the characteristics of environmental litigation, the advantages and limitations of different types of proceedings, and the range of outcomes that are possible for environmental litigation. The topics include litigation strategies, procedure and evidence, defensive actions (ie SLAPP litigation), and the outcomes of litigation. Reference will be made to recent cases, such as in the field of climate change, to illustrate the topics.
LAWS6047 Law of the Sea

Credit points: 6 Teacher/Coordinator: Prof Tim Stephens Session: Intensive September Classes: Aug 20, 21 & 27, 28 (9-5) Assessment: 5000wd essay (60%) and take-home exam (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Covering two-thirds of the world's surface the ocean provides a range of indispensable public goods including fisheries and non-living resources and is a vital conduit for international trade. The international law of the sea regulates access to and use of the oceans, and this unit reviews the major areas of this area of international law as they have developed over the centuries. It takes as its focus the 'constitution' of the oceans - the 1982 UN Convention on the Law of the Sea. Each of the major maritime zones is assessed, and there is also a review of key sectoral issues, including the protection of the marine environment, fisheries management, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference is made to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6052 Govt Regulation, Health Policy and Ethics

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive October Classes: Sep 24, 25 & Oct 15, 16 (9-5) Assessment: class presentation (20%) and 7000wd essay (80%) Mode of delivery: Block mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines government regulation of health care 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; human tissue legislation; discipline of health professionals with a focus on the National Law; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.
LAWS6054 Health Care and Professional Liability

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive April Classes: Mar 26, 27 & Apr 2, 3 (9-5) Assessment: class presentation (20%) and assignment or 7000wd essay (80%) Mode of delivery: Block mode
Note: Core unit for GradDipHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6061 International Environmental Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Intensive April Classes: Mar 20, 21 & 27, 28 (9-5) Assessment: compulsory in-class practical assessment (40%) and assignment (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.
LAWS6063 World Trade Organization Law I

Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: Intensive April Classes: Mar 30, 31 & Apr 3, 4 (9-5.30) Prohibitions: LAWS3439 or LAWS5139 Assumed knowledge: limited knowledge of law of treaties Assessment: 3000 to 3500wd essay (40%) and take-home exam (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit is a comprehensive introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. It also offers some comparisons with regulation under bilateral and regional trade agreements. It can be taken as either a stand-alone introduction to WTO law or to acquire a solid basis for further study of WTO law. (Students may wish to continue on to take LAWS6249 World Trade Organization Law II which builds upon the knowledge gained in this unit and considers some additional topics of WTO law.) The introductory topic considers the functions of the WTO through the consideration of some basic economics of trade and of public choice. We review the history of the General Agreement on Tariffs and Trade (GATT) and the creation of the Agreement Establishing the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT (and comparing with some bilateral and regional trade agreements). There follows a detailed study of the WTO dispute settlement system, under the WTO Understanding on Dispute Settlement, its concepts, procedures and enforcement. We study the framework of rules under the General Agreement on Trade in Services (GATS) and compare it with the negative list approach used under some bilateral and regional trade agreements; and the rules of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), emphasizing patents, copyright and trademarks, and noting some TRIPS plus aspects of some bilateral and regional trade agreements. The unit analyses in more detail some of the fundamental rules of the GATT: rules on tariff bindings and customs duties, national treatment, non-tariff barriers, the MFN rule on non-discrimination and an introduction to the rules on subsidies. We conclude with a synopsis of WTO developments to the present day. This unit is assessed in two ways: an essay on the object and function of the WTO system and its dispute settlement system; and an exam requiring students to apply the basic rules of the GATT, GATS and TRIPS to fact situations.
LAWS6065 Pollution, Corporate Liability and Govern

Credit points: 6 Teacher/Coordinator: Dr Kate Owens (Coordinator), Ms Belinda Rayment Session: Intensive June Classes: May 22, 23 & 29, 30 (9-5) Assessment: class participation (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit of study is to provide an introduction to the framework, concepts, sources and techniques of pollution control law and corporate environmental liability. The history and framework of international laws regulating pollution will be examined before exploring a range of legal and regulatory measures for pollution control and corporate environmental liability at both the Commonwealth level and within New South Wales. An overarching theme will be the need for effectiveness in implementation and enforcement of pollution control and governance measures that have been developed to prevent harm and promote ecologically sustainable development.
LAWS6066 Discretion in Criminal Justice

Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Intensive November Classes: Oct 9, 10 & 23, 24 (9-5) Assessment: take-home exam (60%) and essay (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6091 Chinese International Taxation

Credit points: 6 Teacher/Coordinator: Prof Jinyan Li Session: Intensive May Classes: May 6-8 & 11, 12 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: class participation (20%) and take-home exam (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The object of this unit is to provide an overview of the income tax system of China and a detailed analysis of the most important legislative and treaty rules of China in the area of international income tax, especially in dealings with Australia. Upon successful completion of the unit, students will have an advanced understanding of the policies underlying the Chinese rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions. This unit includes a study of: overview of the Chinese income tax system; taxation of inbound investment into China; taxation of outbound investment from China; transfer pricing issues, and China's tax treaties.
LAWS6096 Work Health and Safety: Law and Policy

Credit points: 6 Teacher/Coordinator: Prof Richard Johnstone Session: Intensive September Classes: Sep 4, 5 & 18, 19 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 (MLLR students) Assessment: 4000wd essay (50%) and assignment (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined.
LAWS6105 Child Sexual Abuse: Diverse Perspectives

Credit points: 6 Teacher/Coordinator: Prof Rita Shackel, Prof Judith Cashmore Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: 4500wd essay (60%) and critical review comprising oral presentation (20%) and written paper (20%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study examines the socio-legal complexities of responding to child sexual abuse in society. The unit presents students with a theoretical and multidisciplinary framework for understanding and evaluating contemporary issues relevant to child sexual abuse. More specifically the unit of study will analyse the nature of child sexual abuse and the underlying dynamics of such victimisation. Students will critically evaluate different strategies and models directed at identification and prevention of child sexual abuse and critically analyse legal responses to child sexual victimisation.
LAWS6109 UK International Taxation

Credit points: 6 Teacher/Coordinator: Prof Malcolm Gammie Session: Intensive October Classes: Sep 23-25 & 28-29 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: class assessment (20%) and take-home exam (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit covers the domestic provisions of UK direct tax law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australia's major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK. This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct tax area, especially in dealings with Australia. Upon successful completion of the unit, participants will have an advanced understanding of the policies of the UK rules for taxing international transactions as well as a detailed knowledge of the principles of company and personal taxation applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK tax system; 2. Taxation of inbound investment in the UK; 3. Taxation of outbound investment in the UK; 4. Transfer pricing in the UK; 5. UK tax treaties including the Australia UK Tax Treaty; 6. EU tax law as it affects the UK.
LAWS6128 Comparative International Taxation

Credit points: 6 Teacher/Coordinator: Prof Brian Arnold Session: Intensive November Classes: Oct 27, 28 & Nov 2, 3 (9-5) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: in-class test (20%) and 2hr exam (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.
LAWS6171 US International Taxation

Credit points: 6 Teacher/Coordinator: Prof Ethan Yale Session: Intensive May Classes: Apr 29, 30 & May 1, 4 & 5 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The object of this unit is to provide an overview of the income tax system of the US with a focus on the most important legislative and treaty rules of the US in the international income tax area, especially in dealings with Australia. The unit will examine both the policies behind the US taxation of international transactions as well as the rules and principles of income tax law applicable to inbound and outbound transactions in the US.
LAWS6177 Tax Treaties

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Semester 1 Classes: 2x2-hr lecture/week. Classes are held every Mon and Wed 6-8pm. First class commences on Mon 17 Feb and concludes on Wed 1 Apr 2020. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of LAWS6209 Australian International Taxation will provide students; without such knowledge or work experience; with additional knowledge and skills that will assist in successfully completing this unit. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital. Upon successful completion of this unit a student should have an advanced understanding of the policies underlying the Australian tax treaty position in relation to the taxation of various kinds of income, as well as a detailed knowledge of the law applicable to interpretation of Australia's treaties. The unit includes a study of: principles of tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.
LAWS6192 Young People, Crime and the Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Garner Clancey Session: Intensive September Classes: Aug 28, 29 & Sep 25, 26 (9-5) Prohibitions: LAWS6069 Assessment: class presentation (10%), 3000wd essay (40%) and take-home exam (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit aims to provide a broad overview of the functioning of the juvenile justice system and its relationship to juvenile offending. There is a specific emphasis on NSW in terms of understanding the operation of a particular system, however reference is frequently made to the wider Australian and international context. The unit analyses the historical development of a separate system of juvenile justice and the system of ideas about juvenile delinquency as distinct entities separable from broader notions of criminality and criminal justice. The unit also analyses the contemporary nature of juvenile crime and specific issues in relation to offending, policing, community-based corrections and detention centres. Social relations which mediate between the juvenile justice system and young people will be investigated through a focus on gender, race and class. The broader political determinants surrounding the operation of the juvenile justice system and moral panics in relation to juvenile offending will also be examined. The unit aims to develop a critical understanding of the link between theory and juvenile justice policy, and to develop an appreciation of the multi-disciplinary nature of criminological explanation.
LAWS6193 Criminal Justice: Prevention and Control

Credit points: 6 Teacher/Coordinator: Assoc Prof Garner Clancey Session: Intensive April Classes: Mar 13, 14 & 27, 28 (9-5) Assessment: 1500wd seminar paper (35%) and 5000wd essay (65%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines responses to crime and crime prevention with reference to shifting notions of crime and responsibility for crime. It encourages a critical appreciation of the limitations of criminal justice system responses to crime and the necessity to develop a broader approach to crime prevention policy which responds to economic, social and cultural issues. The unit examines different ways of thinking about criminal justice, such as a means of order maintenance, dispute resolution, or risk management, and the shifting focus towards the prevention of future harms. Specific topics may include: restorative justice specialist courts, privatisation and contractualism, security, policing, and approaches to crime prevention and community safety.
LAWS6214 Goods and Services Tax Principles A

Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar Session: Intensive April Classes: Mar 11-13 & 16, 17 (9-4) Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. 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
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6222 Corporate Governance

Credit points: 6 Teacher/Coordinator: Dr Ulysses Chiaotto Session: Intensive September Classes: Aug 28, 29 & Sep 18, 19 (10-5) Assessment: general class participation and specialised seminar discussion (20%), class quiz (written) to be held on Day 4 (20%) and essay or take-home exam (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will explore a range of recent trends and issues in corporate governance including:- the link between corporate scandals and corporate law reform; the board and independent directors; principles-based versus rules-based regulation; shareholder empowerment and institutional investor activism; takeovers and the regulation of executive pay. The unit will examine these issues from a comparative law perspective, analysing fundamental differences in corporate governance structure and techniques in a range of jurisdictions, including the US, UK, Germany, China and Australia.
LAWS6314 Coastal and Marine Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens, Prof Tim Stephens Session: Intensive June Classes: May 7, 8 & 14, 15 (9-5) Assessment: Presentation and 2000wd essay (25%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines legal and policy frameworks for the management of coastal and marine areas in Australia. Topics addressed include the characteristics of Australian coastal and marine environments, the constitutional framework for the management of offshore areas, the regulation of marine pollution, marine parks and reserves, fisheries management, the regulation of offshore oil and gas resource extraction, an introduction to maritime law, and the management of climate change impacts on coastal and marine areas.
LAWS6317 Regulation of Corporate Crime

Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Intensive April Classes: Mar 30, 31 & Apr 1, 2 (9-4) Assumed knowledge: It is recommended that students have some knowledge of corporate law and criminal law and procedure or have had practical experience in these areas. Assessment: class participation (10%), 2500wd case study (35%), 5500wd essay (55%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will examine, from a comparative (particularly United States and United Kingdom) perspective, the current debates over the regulation of corporate crime from both legal and policy perspectives. Different theoretical perspectives on the nature and causes of corporate crime, and the role of the state in regulating corporate behaviour will be examined, with a view to determining the reasons for the failure of the criminal justice and regulatory systems to respond to corporate crime. The role of criminal, civil and regulatory sanctions in deterring corporate crime will also be examined. Offenses covered will include fraud, bribery, corruption, money laundering, revenue offenses, competition law offenses, corporate manslaughter and various offenses under the Corporations Act 2001 (Cth). With this foundation, students will be encouraged to think critically and to apply the principles they have learned to case studies.
LAWS6318 Corporate Innovation and Regulation

Credit points: 6 Teacher/Coordinator: Prof Jason Harris (Coordinator), Mr Richard Prangell, Mr Jonathan Hatch, Ms Hillary Ray Session: Intensive September Classes: Aug 14, 15 & Sep 11, 12 (9-4) Assessment: general class participation and specialised seminar discussions (20%), written class quiz to be held on Day 4 (20%) and essay or exam (60%) (choice of research mode to be discussed with students) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will cover recent developments in innovation and the law, including disruptive technology and new business models in a range of contexts including the sharing economy, fintech, and more. The unit will also consider the role of trust, the increasing importance of politics in corporate governance, and a range of new global public law issues that have affected the role of the corporation, and the impact of technology, in society. As well as discussing cutting-edge developments in innovation, the unit will discuss challenges for the regulator in staying abreast and ahead of these fast moving changes in society.
LAWS6330 Fundamentals of Regulation

Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve Session: Intensive September Classes: Intro Class: Aug 31 (6-8), then Sep 3, 4 & Oct 8, 9 (9-4) Assessment: (i) Compulsory assessments: class participation (10%) and online participation (10%) and (ii) Optional assessments (total 80%). Choose from a combination of the following optional assessments: class presentation (20%), short response question (20%), problem question (40%), 5000wd essay (60%) or 7000wd essay (80%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6334 Gender Inequality and Development

Credit points: 6 Teacher/Coordinator: Dr Jeni Klugman Session: Intensive March Classes: Mar 3, 4 & 10, 11 (9-5) Assessment: class participation (10%), presentation (40%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit is set up around a series of major policy questions central to the gender equality agenda, and linked to the post 2015 international development debates. Following an overview session about global and regional patterns, the unit will tackle a series of major policy challenges in turn, concluding with an examination of major global proposals. The unit will go beyond gender inequality in the labour market to explore patterns of violence and political participation, and the role of quotas, including on corporate boards, among others. Links to legal reform and human rights will be explored. Students will be asked to work on a specific policy challenge, applying and developing the findings discussed in class and in the readings. The unit is designed to facilitate student questioning, engagement and participation. No specific textbook is prescribed. There will normally be 2 to 3 required readings for each day, a paper and/or book chapters and additional readings for greater depth.
LAWS6341 Media Law: Comparative Perspectives

Credit points: 6 Teacher/Coordinator: Prof David Rolph Session: Intensive July Classes: Jul 6-10 (9-5) Assessment: 2000wd casenote (30%) and 7000wd essay (70%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
There are striking similarities and overlaps between Australian and English media law, reflecting their common origins, but there are also important differences and divergences. In relation to English media law, the impact of the United Kingdom's membership of the European Union is a significant factor. This unit of study analyses a number of key issues in media law, ranging from defamation law, privacy and breach of confidence, contempt of court, open justice, suppression and non-publication orders and other restrictions on court reporting, as they arise in Australia, the United Kingdom and the European Union. In 2016, the unit taught in Cambridge will include guest lectures by leading media law academics, lawyers and commentators from the United Kingdom.
Textbooks
Rolph, Vitins, Bannister and Joyce, Media Law: Cases, Materials and Commentary, 2nd ed., Oxford University Press, South Melbourne, 2015
LAWS6342 Environmental Markets

Credit points: 6 Teacher/Coordinator: Dr Kate Owens Session: Intensive May Classes: Apr 17, 18 & May 1, 2 (9-5) Assessment: class participation and presentation on proposed essay topic (20%) and 8000wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Environmental degradation is often caused by various forms of market failure. At the same time, it is recognised that market-based instruments (MBIs) can function as legitimate and effective legal tools for environmental protection. MBIs are instruments or regulations that encourage behaviour through market signals, rather than through direct regulation alone, and are applied broadly at both the international and national level to improve environmental quality and resource conservation. Markets are not, however, a panacea for the environmental issues we face, and MBIs can undermine environmental objectives if those instruments are not well designed and implemented. This unit will study the role of markets and financial incentives in addressing environmental and natural resource issues, and analyse the conceptual foundation for their use. It will then survey a range of MBIs, including marketable permits, offset programs and load-based licensing, across a diverse range of environmental issue areas, including climate change, renewable energy, fisheries, water and biodiversity. The Unit will examine the key contributions MBIs can make to environmental regulation, as well as the relevant 'watchpoints' as these instruments develop in terms of environmental protection. Students will also examine how 'impact investors' are harnessing private capital in order to drive market-based solutions to environmental problems.
LAWS6343 International Law and Technology

Credit points: 6 Teacher/Coordinator: Dr Rebecca Connolly Session: Intensive November Classes: Oct 28-31 (9-5) Assessment: class participation (10%), class presentation (20%) and 7000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Advances in technology pose new challenges for international governance. In an increasingly inter-connected world, new technology raises legal issues relating to its use, distribution and control. This unit will focus on the response of the international community to technological progress across the different specialised regimes in international law. The unit will commence with an overview of the framework of international law and international courts and the challenges relating to the regulation of new technology. This unit will then consider the intersection of technology and key specialised regimes in international law, focusing on Trade, Environment, Law of the Sea, Health, Crime, Use of Armed Force and Intellectual Property Rights. The unit will be taught using case studies, allowing students to discuss and analyse specific examples of new technology and international regulation.
LAWS6345 Principles of Financial Regulation

Credit points: 6 Teacher/Coordinator: Prof John Armour Session: Intensive April Classes: Mar 26, 27 & 30, 31 (9-5) Assessment: class participation (10%) and take-home exam (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets. This prompted a fundamental reconsideration of the design of financial regulation, which governs a financial system that has become ever-more complex and interconnected, and which evolves at an ever-accelerating pace. This course presents a holistic overview of the key principles underpinning financial regulation. It draws on economic theory to explain the way in which the financial system functions, and then to analyse the goals of financial regulation. This analytic framework is then applied to a series of substantive topics in financial regulation, spanning the traditionally-separate fields of banking, markets, and consumer finance. The unit also considers the operation of the new tools of 'macro-prudential policy' and the international coordination of financial regulation in the global financial system. While the substantive topics are considered in terms of EU and US rules, the analytic tools developed are of more general application. Topics covered in this unit: The financial system; Goals and challenges of financial regulation; Consumer finance; Market regulation; Bank capital and liquidity regulation; Bank governance and resolution; Shadow banking and Macro-prudential and international coordination. Students who complete this unit successfully will have an overview of the economic principles underpinning financial regulation, to be able to understand and critically evaluate the principal substantive aspects of financial regulation in the US and EU, as well as their international coordination.
LAWS6352 Mergers and Acquisitions in Asia

Credit points: 6 Teacher/Coordinator: Assoc Prof Umakanth Varottil Session: Intensive May Classes: May 1, 2 & 8, 9 (9-4) Assessment: classs participation (10%) and assignment (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit will begin with an evaluation of the business rationale for Mergers and Acquisitions (MA) and a discussion of the various types of transactions and related terminology. After a brief discussion of the evolution of the regulation of MA in the Western context, it will delve into various forms of MA in leading Asian jurisdictions, and the manner in which they are regulated. The unit will involve a strong comparative element that compares MA in Asia with that in other jurisdictions, as well as specific factors among various Asian jurisdictions. While it will engage an analysis of the legal systems in several Asian jurisdictions, greater emphasis will be placed on policy as well as practice. Transaction structures analyzed include business and asset sales and amalgamations, with a significant focus on the regulation of takeovers. While corporate and securities law issues form the thrust, incidental reference will be made to accounting, tax and competition law considerations. Finally, the transactional perspective will consider various structuring matters, planning aspects, transaction costs and impact on various stakeholders.
The is one of our 2018 international visiting faculty, Umakanth Varottil, who is Associate Professor at the National University of Singapore.
LAWS6357 The Statutory Foundations of Negligence

Credit points: 6 Teacher/Coordinator: Justice Mark Leeming Session: Intensive May Classes: Apr 3, 4 & May 1, 2 (9-5) Assumed knowledge: undergraduate law degree Assessment: 1500-2000wd case note or statute (20%) and 6000wd essay (80%) or 8000wd essay (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit presents the major aspects of the law of negligence from the perspective of statute. While there is detailed coverage of the Civil Liability Act, the larger goal is to demonstrate that for at least a century, much of the law of negligence is a product of, or a reaction to statute. That is most obvious in areas such as contributory negligence, tortfeasor contribution and personal injury damages, although the true extent of the role of statute is greater than is often perceived. But statute is at the forefront of basic areas such as duty of care and causation, in important aspects of breach (notably, for professional negligence), in the availability of damages for psychiatric injury, as well as having been central to the immunities of highway authorities and other public authorities for many centuries. The unit will also facilitate a greater appreciation of the range of statutes and the different ways in which they interact with judge-made law.
LAWS6816 Labour Law in the Global Economy

Credit points: 6 Teacher/Coordinator: Prof Emanuele Menegatti Session: Intensive March Classes: Mar 6, 7 & 20, 21 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: class presentation (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of this unit of study is to understand the impact of the global economy on the world of work and the nature of the regulatory challenges it presents. The unit will examine the role played by labour law in securing fair and just working conditions and effective labour market regulation by comparing various regulatory models from different national legal systems. Students will be expected to identify and attain an advanced understanding of the challenges facing the regulation of the work in the global economy with a particular focus on: sources of employment regulation and recent evolution of their hierarchy; the scope of employment protection in the light of the dichotomy employee/independent contractors; new models of work prompted by the so-called gig economy and new technologies; regulatory challenges posed by labour hire and subcontracting; the balance between workers' social needs and economic factors provided by minimum wage setting mechanisms.
LAWS6848 Law, Business and Healthy Lifestyles

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Intensive April Classes: Intro Class: Mar 2 (6-8) then Mar 12, 13 & Apr 20, 21 (9-5) Assessment: Option 1: one short response question (20%) and 6000wd essay (80%) or Option 2: one short response question (20%), 3000-3500wd essay (40%) and one take-home exam question (40%) or Option 3: one short response question (20%) and two 3000-3500wd essays (80%) Mode of delivery: Block mode
Note: For 2020 only, this unit will be a substitute for the MHL core units, LAWS6058 Information Rights in Health Care or LAWS6839 Critical Issues in Public Health Law. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit is about legal and regulatory responses to tobacco use, obesity, poor diet, harmful use of alcohol and sedentary lifestyle - the leading causes of preventable disease in Australia, in high-income countries generally, and increasingly, in developing economies. Cancer, heart disease, stroke, diabetes and tobacco-related diseases (known as 'non-communicable diseases' or NCDs) are society's greatest killers. But what can law do - and what should law be doing - to prevent them? Unlike other health threats, NCDs and their risk factors are partly caused by consumer choices that are lived out every day across the country. The challenge of encouraging healthier lifestyles cannot be separated, then, from the regulation of the businesses that all too often have a vested interest in unhealthy lifestyles. Law's relationship with smoking, alcohol and food is complex and contested. Nevertheless, governments around the world are experimenting with a wide range of legal strategies to encourage healthier lifestyles. This unit will focus on developments in Australia and the United States, placing legal developments in these countries in an international context. During the course, we will confront some important over-arching questions. What are the global determinants of NCDs, and to what extent are global solutions needed? What do global solutions look like? To what extent should law intervene to influence the behaviour of populations-as distinct from treating lifestyle-related risk factors as the personal responsibility of each individual? Does a regulatory approach to the prevention of NCDs imply coercion? Does it signal the emergence of the 'nanny state'? Does progress depend on motivating people to consciously improve their habits and lifestyles? Is it possible to regulate business without micro-managing or dictating commercial decisions and 'legislating the recipe for tomato ketchup?' Throughout the unit, students will be encouraged to explore the tension between personal responsibility and freedom, and the broader public interest in a healthy population and a productive economy. Key topics include: Frameworks for thinking about law, and environments that support healthier lifestyles; Global health governance and the prevention of non-communicable diseases; Tobacco control: where to from here? Personal responsibility for health, and law's role; Regulating alcohol; Obesity prevention; and Law's role in improving diet and nutrition, and encouraging active living.
LAWS6852 Doing Business in China

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Intensive September Classes: Aug 14, 15 & 28, 29 (9-5) Assumed knowledge: Students who do not hold a law degree from a common or civil law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit. Assessment: Option 1: 3500wd essay (50%) and take-home exam (50%) or Option 2: take-home exam (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit aims to provide an introduction to the legal and practical aspects of doing business in China. The unit will commence with an overview of the Chinese legal, political and economic system and will then move on to an examination of the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws. The unit will focus on Chinese contract law and the foreign investment regime and the related structuring and regulatory issues related to foreign participation in the Chinese market. Areas covered will discuss the principal issues relating to the establishment of a corporate or other presence in China and the related negotiation process. The unit will conclude with an examination of methods of resolution of disputes arising under contracts entered into in China. More specialized topics which may be covered include intellectual property, labour law, regulation of financial institutions and Chinese investment overseas.
LAWS6865 International Dispute Resolution

Credit points: 6 Teacher/Coordinator: Dr James Devaney Session: Intensive September Classes: Aug 12, 13 & 18, 19 (9-5) Prohibitions: LAWS6202 Assessment: take-home exam (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study aims to provide an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes. The United Nations Charter provisions for the peaceful settlement of international disputes will be taken as creating the basic framework for the review of dispute resolution techniques. These include negotiation, good offices, mediation, conciliation, arbitration, and adjudication. Particular attention will be given to in-depth analysis of certain disputes and the legal and political techniques used in their resolution. These disputes may include the Tehran Hostages case, the Nuclear Tests case, the East Timor case, and dispute over the status of Kosovo.
LAWS6877 Mental Illness: Law and Policy

Credit points: 6 Teacher/Coordinator: To be advised Session: Intensive September Classes: Aug 17, 18 & Sep 7, 8 (9-5) Assessment: 3000wd assignment (40%) and 4500wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6888 Risk, Fear and Insecurity

Credit points: 6 Teacher/Coordinator: Prof Murray Lee Session: Intensive June Classes: May 8, 9 & 22, 23 (9-5) Assessment: topic summary (compulsory but not assessed) and 3000wd essay (40%) and 4000wd policy assessment assignment (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit considers the significance of anxiety, 'fear of crime', risk and insecurity in the late modern world. It uses sophisticated analytical tools to discuss both the supposed growth in 'fear of crime' and the emergence of an array of technologies aimed at the reduction of crime risks. It also critically examines just what 'fear of crime' might actually be and how newspapers, security products, and insurance can be sold to us using the hook of our own anxieties. It also examines the anxieties related to terrorism and threats to national security and sovereignty.
Textbooks
Lee, M (2007) Inventing Fear of Crime, Willan, Devon
LAWS6889 Death Law

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive June Classes: May 14, 15 & 28, 29 (9-5) Assessment: class presentation (20%) and assignment or 7000wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Western attitudes toward death have undergone a remarkable transformation in the last century. For many, death now takes place in the hospital or the hospice following the decision of a doctor to cease providing treatment. As the management of death has passed from the family to health care professionals, it now makes sense to regard the moment and circumstances of death as largely medical phenomena. Moreover, as 'autonomy' has taken a dominant place amongst ethical values, it also makes sense to describe and measure death in terms of its 'acceptability' both to the dying person and his or her survivors. In tandem with these changes, technological innovations have transformed the dead or dying body into a potential source of valuable (and recyclable) biological material. These developments have thrown up new and urgent challenges for legal understandings about the timing of, and criminal responsibility for causing, death both within and outside medical settings. These developments have also disturbed conventional understandings of the corpse as sacred. Topics to be covered may include: death in contemporary Australia, the legal definition of life and death, medical futility and the concept of 'lives not worth living', euthanasia (with and without request), physician-assisted suicide, refusing and withholding life-prolonging treatment in adults and children, the Shipman/Patel scandals, ownership of the corpse and body parts, dead donor organ transplantation, organ sale and theft, posthumous reproduction, 'mercy' killing outside medical settings and the jurisdiction of the Coroner. The unit will interrogate these and other contemporary challenges for the law relating to death and dying both within Australia and, where appropriate, other selected comparator jurisdictions (US, UK and Canada). These will be mapped against socio-historical understandings of the changing meaning of death, dying and serious disability in Western societies, and students will be encouraged to reflect on the broader legal implications of these developments.
LAWS6916 International Investment Law

Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Intensive March Classes: Mar 3, 4 & 10, 11 (9-5) Assessment: 6000wd essay (70%) and assignment (30%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit introduces students to the international regulation of foreign investment. It examines core principles of international investment law, regional and bilateral investment treaties, the settlement of investment disputes, and the international economic and political context in which the law has developed. The unit considers the origins and evolution of international investment law through to the recent formation of the current international legal framework for foreign investment through bilateral and regional investment treaties. It examines the substantive standards of protection contained within investment treaties (such as the fair and equitable treatment standard, and the prohibition on expropriation without compensation), recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment treaty arbitration under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. It also examines recent developments including the negotiation of mega-regional trade and investment agreements, such as the Trans-Pacific Partnership Agreement and the negotiations towards the Transatlantic Trade and Investment Partnership.
LAWS6920 Global Health Law

Credit points: 6 Teacher/Coordinator: Prof James G Hodge Session: Intensive July Classes: Jul 6-10 (Daytime) Assessment: Option 1: 7000wd essay (80%) and simulation participation and contribution (20%) or Option 2: 4000wd essay (50%), simulation participation and contribution (20%) and assignment (30%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
Today, domestic health and global health are recognized as intertwined and inseparable. The determinants of health (e.g. pathogens, air, water, goods, and lifestyle choices) are increasingly international in origin, expanding the need for health governance structures that transcend traditional and increasingly inadequate national approaches. In this unit, students will gain an in-depth understanding of global health law through careful examination of the major contemporary problems in global health, the principal international legal instruments governing global health, the principal international organizations, and innovative solutions for global health governance in the 21st Century. Class sessions will consist of a combination of lecture and interactive discussion, culminating in a global health law simulation. The class will cover naturally occurring infectious diseases (e.g. extensively drug resistant tuberculosis, malaria, Zika virus, and HIV/AIDS), past (e.g., SARS, influenza A H1N1 and Ebola) and future (e.g., Influenza pandemics), bioterrorism events (e.g., anthrax or smallpox), and/or major chronic diseases caused by modern lifestyles (e.g., obesity or tobacco use).
Textbooks
Lawrence O. Gostin, Global Health Law (March 2014) available from Harvard University Press or Amazon.com
LAWS6928 Law, Justice and Development

Credit points: 6 Teacher/Coordinator: Adj Prof Livingston Armytage Session: Intensive June Classes: May 8, 9 & 15, 16 (9-5) Prohibitions: LAWS3478 or LAWS5178 Assessment: class participation (10%), journal (10%) and 2x3000wd essays (2x40%) Mode of delivery: Block mode
Note: This unit is compulsory for MLawIntDev students. Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
This unit provides a critical overview to law and justice reform in international development. It analyses the global reform experience over the past half-century. It interrogates the nature and justification(s) of reform 'theory', studies the empirical evidence of various approaches, and examines the conceptual/practical challenges of evaluating development endeavour, using case studies from the Asia/Pacific region. Students enrolling in this unit will develop an evidence-based understanding of the use of law and justice reform in broader development strategies.
LAWS6932 Law and Investment in Asia

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (Coordinator), Prof Vivienne Bath Session: Intensive April Classes: Mar 20, 21 & 27, 28 (9-5) Assessment: assignment (40%) and 5000wd essay (60%) or 8000wd essay (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of this unit is to provide students with a broad overview, on a comparative basis, of the key legal issues commonly faced when investing and doing business in Asia. This unit looks at the regulation of investment across chosen jurisdictions across Asia, including Japan, China and Southeast Asia (particularly Indonesia, but it may also look at jurisdictions such as Malaysia, Thailand, Myanmar and India) and compares them with each other and with the Australian regulatory system. It also looks at international treaties which increasingly impact on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility and anti-corruption law; dispute resolution (especially international commercial and investor-state arbitration); and key issues in modern comparative law which may assist students in their study of 'foreign' legal systems. The unit also involves case studies and occasional guest lecturers.
LAWS6933 Global Oil and Gas Contracts and Issues

Credit points: 6 Teacher/Coordinator: Prof Owen Anderson, Prof John Lowe Session: Intensive June Classes: May 11-14 (9-5) Assessment: Option 1: memorandum of advice (20%) and assignment (80%) or Option 2: assignment (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit is a review of the world's minerals-development regimes and the contracts that international investors use to implement them. The unit begins by reviewing the fiscal arrangements that nations use to obtain exploration and development, including licenses, production sharing contracts, joint ventures, and service contracts. It then focuses on the contracts that international investors use to share risks and rewards, including confidentiality agreements, study and bidding agreements, operating agreements, farm out agreements, lifting agreements and gas sales contracts. Other issues that may be covered include joint development agreements, taxation issues, corruption and indemnification.
LAWS6947 Advanced Obligations and Remedies

Credit points: 6 Teacher/Coordinator: Prof Elisabeth Peden (Coordinator), Prof Barbara McDonald Session: Intensive July Classes: Jul 6-10 (9-5) Assumed knowledge: Available to law graduates only Assessment: Option 1: case note (20%) and 6000wd essay (80%) or Option 2: 8000wd essay (100%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php. Academic Profile https://sydney.edu.au/law/about/people/list.php.
This unit will explore a number of contentious issues arising in the law of civil obligations and remedies. It will revise and build on the fundamentals in the areas of torts, contracts and equity and place particular emphasis on the interaction of these three fields of the law. Particular topics and problems will involve issues of: causation and scope of liability; controlling liability by contract; tort duties to third parties to contracts; assessing loss; duties of good faith; fiduciary duties and conflicts. The unit will also include a number of guest lectures, to be announced.
LAWS6964 Global Energy and Resources Law

Credit points: 6 Teacher/Coordinator: Dr Penny Crossley Session: Intensive September Classes: Aug 27, 28 & Sept 3, 4 (9-5) Assessment: Option 1: take-home exam (70%) and optional essay or problem question (30%) or Option 2: take-home exam (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.
LAWS6984 Economics of Tax Policy

Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Intensive October Classes: Sep 28, 29 & Oct 6, 7 (10-5) Prohibitions: LAWS6257 or LAWS3447 or LAWS5147 Assessment: class participation and presentation (10%) and 5000-6000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6990 Principles of Oil and Gas Law

Credit points: 6 Teacher/Coordinator: Dr Penelope Crossley Session: Intensive July Classes: Jun 26-Jul 1 (9-5) Assessment: Option 1: take-home exam (70%) and essay or problem question (30%) or Option 2: take-home exam (100%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students enrolled in the MIL and GradDipIL may undertake either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both. Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
Principles of Oil and Gas Law explores the distinctive legal issues presented by oil and gas exploration and production and examines the legal and regulatory responses of oil producing states. This unit also explains the international legal principles that apply within the sector and sets the Australian experience against a broad comparative background. For the first time in 2016, this unit will be offered in the home of the North Sea oil and gas industry, Stavanger, Norway. This unit will draw on the expertise of international experts in oil and gas law, as well as take advantage of our location with excursions to the Petroleum Museum, oil companies and government. On completion of the unit, participants should be able: to explain the specific legal problems posed by the physical characteristics of oil and gas; to identify different approaches to the resolution of those problems, their strengths and weaknesses; to identify and analyse the special issues presented by offshore oil and gas resources on the one hand, and onshore resources on the other; to compare the approaches of different states to the exploitation of their oil and gas resources, and the different legal vehicles used to support and control the involvement of private capital is involved in this task; to identify the problems that may arise at each stage of the exploration, production and disposition of oil and gas, and to analyse their legal solutions; to outline the legal approach to any special environmental and occupational safety problems posed by oil and gas operations; and to consider how legal regimes for oil and gas exploration and production may be evaluated in terms of political and legal risk.