Units of study

Faculty of Law Juris Doctor Units of Study

Juris Doctor Year 1

LAWS5000 Foundations of Law

Credit points: 6 Teacher/Coordinator: Mr Fady Aoun, Prof Rebecca Millar (Foundations of Law), Mr Graeme Coss (Legal Research) Session: Int March,Semester 1 Classes: The unit is taught on an intensive basis over four weeks. The course will include both lectures and seminar-style classes. Active class participation based on pre-reading is an essential aspect of the unit, particularly in the seminars. The aim of this is to give students a a basic understanding of the institutions and underlying concepts of law and a good grounding in the basic legal skills needed for law studies before they undertake other Semester 1 units. Classes commence two weeks prior to the beginning of semester. Preparation for and attendance at the intensive is essential for completion of the course. No other law classes are taught for the duration of the intensive. In addition to the intensive, the unit includes a Legal Research element, consisting of 6 x 2hr seminars/wk, commencing in week 1 of semester. Part-time stream: Foundations of Law 1x3hr seminar for 13 weeks beginning week 1. Legal Research 3x4.5hr seminars for 3 weeks beginning week 1. Prohibitions: LAWS1000, LAWS1006 Assessment: Class participation (10%), Group work (10%), 1 x class test (20%) and 1 x final exam (60%). Legal Research: Compulsory attendance, eLearning quizzes (10%), and in-class exam (90%). The legal research component is assessed on a pass/fail basis and student must pass this component in order to receive a passing grading for the unit as a whole. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study provides a foundation core for the study of law. We aim to provide a practical overview of the Australian legal system, an introduction to the skills of legal reasoning and analysis which are necessary to complete your law degree, and an opportunity for critical engagement in debate about the role of law in our lives. The course will introduce students to issues such as: (i) legal institutions and the separation of powers; (ii) the development of judge made and statute law, with a particular focus on English and Australian legal history; (iii) other sources of law, including customary law, constitutional law, and international law (iv) the relationship between courts and parliament; (v) the role and function of courts, tribunals and other forms of dispute resolution; (vi) understanding and interrogating principles of judicial reasoning and statutory interpretation; (vii) how to read cases and interpret statutes; (viii) the relationship between law, government, and politics; (ix) the rule of law; (x) human rights in Australian law. The course focus may be subject to change.
LAWS5001 Torts

Credit points: 6 Teacher/Coordinator: Dr Michael Sevel (daytime stream), Mr Ross Anderson (evening stream) Session: Semester 1 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 Prohibitions: LAWS1005, LAWS1010, LAWS1012, LAWS3001 Assessment: 1hr class test (25%) and 2hr exam (75%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening or Normal (lecture/lab/tutorial) Day
This is a general introductory unit of study concerned with liability for civil wrongs. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include:
(a) The relationship between torts and other branches of the common law including contract and criminal law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) Trespass to land and private nuisance;
(f) The action on the case for intentional injury;
(g) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence;
(h) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury;
(i) Compensation for personal injuries, including special and alternative compensation schemes;
(j) Injuries to relational interests, including compensation to relatives of victims of fatal accidents;
(k) Defences to negligence.
LAWS5002 Contracts

Credit points: 6 Teacher/Coordinator: Prof Greg Tolhurst Session: Semester 1,Summer Early Classes: 2x2hr seminars/week for 10 weeks commencing week 3 Prerequisites: LAWS5000 Prohibitions: LAWS1002, LAWS1015, LAWS2000, LAWS2008 Assessment: Take-home problem question (30%) and final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.
LAWS5003 Civil and Criminal Procedure

Credit points: 6 Teacher/Coordinator: Ms Tanya Mitchell Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks commencing week 3 Prerequisites: LAWS5000 or LAWS1006 Prohibitions: LAWS1001, LAWS1007, LAWS1014, LAWS2006, LAWS3002, LAWS3004 Assessment: 2 x class participation (20%) and 2 x assignments (20%) and 1x final exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to crime and society, police powers, bail and sentencing. The course focuses on practical examples with consideration of ethics, and contextual and theoretical perspectives.
LAWS5004 Criminal Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Thomas Crofts Session: Semester 2 Classes: 2 x 2hr seminars/wk for 10 weeks Prerequisites: LAWS5000 or LAWS1006, LAWS5003 or LAWS1014 Prohibitions: LAWS1003, LAWS1016, LAWS2001, LAWS2009 Assessment: Class participation (10%) and 1 x 1hr class test (20%) and 1 x 2hr final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve these goals, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) A knowledge of the legal rules in certain specified areas of criminal law and their application. (3) A preliminary knowledge of how the criminal law operates in its broader societal context. (4) An understanding of how criminal liability is determined. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.
LAWS5006 Torts and Contracts II

Credit points: 6 Teacher/Coordinator: Prof Barbara McDonald Session: Semester 2,Winter Main Classes: 2 x 2hr seminars/wk for 10 weeks Prerequisites: LAWS5000 or LAWS1006, LAWS5001 or LAWS1012, LAWS5002 or LAWS1015 Prohibitions: LAWS1017 Assessment: 1hr class test (25%) and 2hr final exam (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The laws of tort and contract frequently overlap in practice and are increasingly regulated by statute. This unit aims to develop the integrated study of the law of obligations and remedies. It builds on the introduction to tort and contract law which students have acquired in Torts and Contracts. It will include the study of more advanced topics in both areas and the impact of related statutory liability and remedies. Topics:
(a) Concurrent, proportionate and vicarious liability;
(b) Tortious interference with goods;
(c) Liability for misrepresentation in tort, contract and under statute;
(d) Liability for economic loss in tort, including some comparative study;
(e) Detailed consideration of causation and remoteness of damage in contract;
(f) Damages for breach of contract;
(g) Unfair dealing in contracts and vitiating factors: mistake, misrepresentation, duress, undue influence, unconscionable conduct.
LAWS5005 Public International Law

Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Semester 2,Summer Late Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prohibitions: LAWS1023, LAWS1018 Assessment: Class test (25%) and 2hr final exam (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The compulsory unit of study is an introduction to the general problems, sources and techniques of public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
LAWS5007 Public Law

Credit points: 6 Teacher/Coordinator: Ms Elisa Arcioni Session: Semester 2,Summer Main Classes: Day stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1 x 3hr seminar/wk for 13 weeks Prerequisites: LAWS5000 or LAWS1006 Prohibitions: LAWS1004, LAWS1021, LAWS2002, LAWS3003 Assessment: 1hr in-class test (30%) and 2hr final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability, focusing on questions of power: what power is exercised by whom, from what source, with what limits and how and by whom is the exercise of those powers to be scrutinised. The unit begins with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit then moves to consider the three arms of government and related concepts such as representative and responsible government. The unit then moves to consider the various mechanisms by which the executive can be made accountable, including by the Parliament, judicial review, merits review and investigative tribunals.

Juris Doctor Year 2

LAWS5010 Administrative Law

Credit points: 6 Teacher/Coordinator: Dr Andrew Edgar Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS5007 or LAWS1021 Prohibitions: LAWS2002, LAWS2010, LAWS3200 Assessment: 2000wd research paper (40%) and 2hr open book final exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of Administrative Law, the protection of human rights, judicial review and merits review, and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, and the public/private distinction. The unit encourages the development of critical perspectives on the grounds of judicial review, and their theoretical underpinnings, and on how the values of openness, rationality, fairness and participation are sought to be promoted through Administrative Law.
LAWS5011 Federal Constitutional Law

Credit points: 6 Teacher/Coordinator: Prof Helen Irving, Prof Anne Twomey Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS5007 or LAWS1021 Prohibitions: LAWS1004, LAWS1011, LAWS2011, LAWS3000, LAWS3003 Assessment: Choice of a) 2,500wd assignment (30%) and 2hr final exam (70%) or b) 1x 3hr final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics.
The course also aims to:
- Provide analysis of the function of the High Court as the final arbiter of constitutionality.
- Develop an understanding of the techniques of judicial review as applied in Australia.
- Encourage discussion about the Constitution as Australia's basic instrument of government.
The topics covered in detail include: Trade and commerce, severance and reading down, inconsistency, external affairs, defence, corporations, freedom of interstate trade, general doctrines of characterisation and interpretation, grants, revenue powers, excise duties, intergovernmental immunities and constitutional rights.
The course may include some overseas material to provide points of comparison and contrast.
LAWS5008 Intro to Property and Commercial Law

Credit points: 6 Teacher/Coordinator: Dr Scott Grattan Session: Semester 1,Summer Early Classes: 2x2-hr lectures/week (for 5 weeks) and 1x2-hr lecture and 1x2-hr tutorial/week (for 5 weeks) Prerequisites: LAWS5000 Prohibitions: LAWS2004, LAWS2007, LAWS2012 Assessment: 1hr mid-term test (30%) and 2hr final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Property law and commercial law are two key sources of rights and obligations in modern western law. This subject provides an introduction to both areas of law, and shows the ways in which they are inter-related. The unit is designed to provide an opportunity to consider the role these areas of law play in Australian society, as well as giving a good grounding in legal principle.

Key topics covered will include: notions of "property"; an introduction to personal property (including ownership, possessory and security interests); an introduction to real property (including the doctrine of tenure and estates and rights to fixtures); an overview of the principles underpinning old system, Torrens and native title to land; the nature and classification of legal and equitable interests in land and personalty; the principles governing the creation and assignment of rights to property at common law and in equity (including by sale and by compulsion - such as by bankruptcy), and an introduction to the statutory and general law principles for resolving competing claims to property. Additionally, the unit provides an opportunity to develop problem-solving skills and skills in interpreting statutes dealing with the creation and transfer of, and priorities between, proprietary interests
LAWS5009 The Legal Profession

Credit points: 6 Teacher/Coordinator: Dr Rita Shackel Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS1001, LAWS1020, LAWS2013, LAWS3002, LAWS3004 Assessment: 1000wd interim assignment (20%) and final take-home exam (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The Legal Profession critically examines notions of legal professionalism and the regulation of legal services markets, legal practice and practitioners. Part 1 of The Legal Profession examines the nature of legal professionalism, the structure of the legal profession and the contours that shape legal services markets. Part 2 explores the regulation of the profession including historical challenges and diverse theoretical views and models of regulation are examined. The current regulatory regime in New South Wales is analysed in detail focusing on recent changes and the impact of a National Legal Profession. Part 3 explores specific forms of legal practice, highlights the major cultural and economic forces that challenge the parameters of legal professionalism and regulation of the profession. Alternative ways of organising legal practice and the legal services market are canvassed focusing in particular, on the impacts of modern technology and globalisation. Part 4 evaluates the lawyer-client relationship and suggests strategies to facilitate equality and effective communication in the delivery of legal services. Furthermore, it examines lawyers' duties to clients, the Court and third parties, and the ways in which the rules and principles of confidentiality and conflicts of interest shape the advice and representation lawyers provide to clients. This unit of study demands active participation by students and ongoing critical reflection of the issues raised throughout the semester.
LAWS5014 Corporations Law

Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Semester 2,Summer Early,Winter Main Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS2003, LAWS2014 Assessment: Final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study considers the legal structure of the corporation as an organisational form for both public and proprietary companies. It is designed as an introduction to both the general law of corporations and the Australian regulatory context. The focus of this unit is on the nature of the corporation and its governance structure. The unit covers issues such as the implications of the company as a separate legal entity, power to bind the company, duties of directors, and shareholders rights and remedies. Students will be required to evaluate critically existing corporate law and reform proposals, with particular reference to legislative policy and underpinning theory.
LAWS5015 Equity

Credit points: 6 Teacher/Coordinator: Prof Matthew Conaglen Session: Semester 2,Summer Main,Winter Main Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS5000 Prohibitions: LAWS2004, LAWS2015 Assessment: Final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
An appreciation of equitable principles and remedies is fundamental to understanding the legal system and the law of property, taxation and obligations. This unit of study explains the origins of the equitable jurisdiction and examines its role today. A substantial part of the unit is dedicated to study of the law of trusts, including remedial constructive trusts. Other topics include fiduciary obligations, breach of confidence, the doctrines of estoppel, and a study of the equitable remedies of the injunction, an account of profits and equitable compensation.
LAWS5013 Evidence

Credit points: 6 Teacher/Coordinator: Assoc Prof David Hamer, Ms Miiko Kumar Session: Semester 2,Summer Early,Winter Main Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS5000 or LAWS1006, LAWS5003 or LAWS1014 Prohibitions: LAWS2006, LAWS2016, LAWS3223 Assessment: Final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.
LAWS5012 Real Property

Credit points: 6 Teacher/Coordinator: Assoc Prof Fiona Burns Session: Semester 2,Winter Main Classes: 2x2hr lectures/wk for 5 weeks, and 1x2hr lectuer and 1x2hr tutorial/wk for 5 weeks Prerequisites: LAWS5008 or LAWS1012 Prohibitions: LAWS2007, LAWS2017 Assessment: 1 hr mid-term test (30%) and 100 min final exam (70%) Assessment is subject to change. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also).
This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); easements; covenants; leases and licences; mortgages.
The unit, inter alia, aims to develop problem solving skills and skills in interpreting complex statutory provisions in the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW)

Juris Doctor Year 3

LAWS5017 Private International Law A

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath (semester 1), Mr Ross Anderson (semester 2) Session: Semester 1,Semester 2 Classes: 2x2hr seminars/wk for 10 weeks Prohibitions: LAWS1018, LAWS2005, LAWS2018 Assessment: 1 x 45 min class test (20%), 1 x 2hr final exam (80%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Comparative choice of law in tort (with particular reference to the European Union, Canada and the United States of America); and (9) Recognition and enforcement of foreign judgments.

2014 Juris Doctor Electives Units of Study

Part 1- International, Comparative, and Transnational Electives 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, LAWS3401 Assessment: Class-participation (20%); and either 1) 6000wd research essay (80%); or 2) 4000wd essay (40%) and 2hr exam. 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. (40%). The class participation is redeemable. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
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, the latter serving as an entre to relevant issues in European Union law. 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. Thus, for example, 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. (TRS Allan, Goldsworthy, Hart, Hood Phillips, Jowell, Wade, Winterton) 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, again with reference to leading constitutional scholars in Australia, the UK and US. 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.
LAWS5108 Advanced Public International Law

Credit points: 6 Teacher/Coordinator: Prof Mary Crock, Prof Chester Brown Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1018 or LAWS1023 or LAWS2005 or LAWS5005 Prohibitions: LAWS3009, LAWS3408 Assessment: 3,000wd essay (30%) and 2hr exam (70%) Campus: Camperdown/Darlington 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 (4) the law of international organisations and systems of monitoring and compliance in international law. These 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.
LAWS5368 Chinese Laws and Chinese Legal Systems

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath (China), Prof Bing Ling (Sydney) Session: Semester 2,Summer L3 Classes: China: Intensive mode (3 weeks). Teaching takes place in November/December in Shanghai as part of the Shanghai Winter School. Sydney: 2x2hr seminars/wk for 10 weeks Prohibitions: LAWS3014, LAWS3068 Assessment: China: 2hr exam to be completed in Shanghai (100%). Sydney: 3000wd optional essay (50%) and 1hr exam (50%) or 2hr exam (100%). Campus: Shanghai Mode of delivery: Block Mode
Note: Department permission required for enrolmentin the following sessions:Summer L3
Note: Enrolment in the Shanghai Winter School is by seperate 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.
LAWS5178 Development, Law and Human Rights

Credit points: 6 Teacher/Coordinator: Prof David Kinley, Dr Livingstone Armytage Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3478 Assessment: Take-home exam (40%) and 4000wd research essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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
* The 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.
LAWS5137 International Commercial Arbitration

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002 or LAWS2008 or LAWS5002 Prohibitions: LAWS3092, LAWS3437 Assessment: Choice of 1) 3,500wd optional mid-term assignment (50%) and 1 x 2hr exam (50%) or 2) 1 x 3hr exam (100%) Campus: Camperdown/Darlington 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, LAWS3438 Assessment: Optional 3000wd research essay (50%) and final exam (50%) or (100%). Participation in the final skills/negotiation exercise is a compulsory part of the course. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
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, product liability and safety regulation, carriage of goods, international payments and financing of international sales, 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 participate in a skills exercise.
LAWS5139 International Economic Law

Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: Semester 2 Classes: 1 x 6.5hr seminar/wk for 6 weeks beginning week 2. Prerequisites: LAWS2005 or LAWS1018 or LAWS1023 or LAWS5005 Prohibitions: LAWS3090, LAWS3439 Assessment: 2,500wd essay (33.3%) and 2.5hr exam (66.6%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This course is an introduction to the law of the World Trade Organization and may also cover an introduction to Bilateral Trade Agreements and Bilateral Investment Treaties.
The largest part of the course deals with the law of the World Trade Organization. The course opens by considering the functions of the WTO utilizing some very basic economics of trade, public choice and game theory. We review the history of the General Agreement on Tariffs and Trade ('GATT'), regulating trade in goods, and the creation of the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT. 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 the relationship between regulation of trade in goods and regulation of trade in services; and the Agreement on Trade-Related Aspects of Intellectual Property ('TRIPS'), emphasizing patents, copyright and trademarks. 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, an introduction to the rules on subsidies, and the GATT article XX exceptions for restrictions for health and environmental reasons. The rest of the course is selected from three areas:
- Bilateral Investment Treaties;
- Bilateral Trade Treaties; and
- selected further topics of World Trade Organization law drawn from four areas: the GATT escape clauses providing for Safeguard measures, Anti-dumping Duties and Countervailing Duties; further consideration of the MFN rule by considering the exception for free trade areas and customs unions; further consideration of the GATS by considering at least one specific service sector, and further consideration of the TRIPS by considering the extent of some exceptions.
LAWS5134 International Human Rights Law

Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Semester 2 Classes: 2x2-hr seminars/week for 10 week Prerequisites: LAWS2005 or LAWS1018 or LAWS1023 or LAWS5005 Prohibitions: LAWS3034, LAWS3434 Assessment: 4000wd essay (60%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
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.
LAWS5189 International Moot

Credit points: 6 Teacher/Coordinator: Prof Chester Brown (Vis Moot), Dr Emily Crawford (Jessup Moot) Session: Int February,Semester 1 Classes: There are no formal classes scheduled for this unit. Prerequisites: LAWS1018 or LAWS1023 or LAWS5005. Other pre-requisites may apply to individual moots. Prohibitions: LAWS3093, LAWS3035, LAWS3489 Assessment: Course participation, general participation and preparation as required (15%), research and writing of memorials (35%), preparation and participation in mooting rounds and competitions (50%). Assessment may vary across individual moots. Campus: Camperdown/Darlington 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 two international moots, which in 2014 will be the Jessup Moot and the Willem C Vis International Commercial Arbitration Moot. There will be a competitive selection process for enrolment in this 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.
LAWS5141 Introduction to Islamic Law

Credit points: 6 Teacher/Coordinator: Dr Salim Farrar Session: Semester 1 Classes: 2x2hr seminar/week for 10 weeks Prohibitions: LAWS3441 Assessment: class test (10%) and class presentation (10%) and class participation (10%) and 4000-5000wd research essay (70%). Campus: Camperdown/Darlington 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, in particular, aim to engage students to assess critically past and present understandings in the contexts of modernity, post-modernity, 'human rights', and social change.
LAWS5144 Japanese Law

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (coordinator). Kyoto/Tokyo course taught by ANJeL co-directors and other professors and practitioners in Japan. Session: Int February Classes: Summer Intensive in Kyoto and Tokyo, respectively 10-14 and 17-18 February 2013. Intro class 3 February (5-7pm) in Sydney. Includes field trips such as study tour to Osaka. Assessment: Two 750wd reflective notes (20%) and 4500wd research essay (80%) Prohibitions: LAWS3076, LAWS3444 Assessment: Two 750wd reflective notes (20%) and 4500wd research essay (80%) Campus: Kyoto/Tokyo Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Applications for the offshore intensive unit are by seperate application. For further information see http://sydney.edu.au/law/caplus.
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 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.
LAWS5190 Law and Society in Indonesia

Credit points: 6 Teacher/Coordinator: Dr Simon Butt Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3490 Assessment: 4000wd research essay (70%) and either a take-home exam or 20 minute class presentation (30%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit introduces students to the Indonesian legal system. After providing background on Indonesian history, economics, politics, religions and cultures, the course examines aspects of the colonial legal system introduced by the Dutch and the Japanese before Indonesia's independence in 1945. We examine the legal systems that emerged during the 50 years of authoritarian rule of presidents Soekarno and Soeharto, focusing on human rights violations, subversion cases, subordination of the judiciary and the role of the military. We then consider the legal and constitutional reforms of the post-Soeharto period, which have made Indonesia the most democratic and decentralised country in Southeast Asia. The course concludes with several case studies, including the position of Islamic and customary law in Indonesia, the legal ramifications of decentralisation, human rights and the Constitutional Court, corruption, and doing business in Indonesia.
LAWS5194 Legal Systems in South East Asia

Credit points: 6 Teacher/Coordinator: Dr Simon Butt, Dr Salim Farrar Session: Int July Classes: Intensive mode. Teaching takes place in July in Indonesia and Malaysia as part of the Southeast Asian Winter School. Prohibitions: LAWS3494, LAWS6149 Assessment: Take-home exam (100%) Campus: Malaysia Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Enrolment in the winter school is by application to the Law School.
This unit introduces students to the legal systems of Southeast Asia, focusing on Indonesia and Malaysia. The course emphasises legal pluralism - that is, the operation of different bodies of law for particular groups in those countries, colonial, national, Islamic and customary law - and compares how countries in Southeast Asia have handled it. The Indonesia component of the course will be taught at Gadjah Mada University in Yogyakarta, which has one of Indonesia's finest law faculties. Students will learn the fundamentals of the Indonesian legal system. The component will be geared towards not only those who want to practice commercial law in Indonesia, but also those who are interested in other areas, including law reform, human rights, Islamic law, constitutional law, environmental law and criminal law. The Malaysian component will be taught at the International Islamic University in Kuala Lumpur, which has one of the largest and most prestigious law faculties in Malaysia. Established in 1983, the faculty has sought to teach and provide expertise on harmonizing Shari'a with Civil and Common Law. Students will learn the fundamentals of the Malaysian legal system in the contexts of Malaysia's competing ethnicities, political and economic reform and the harmonization of laws. A particular focus will be on the dual banking system and the role of Islamic law in the development of trade, banking and finance.
LAWS5199 Migration, Refugees and Forced Migration

Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: LAWS2002 or (LAWS2010 and LAWS1021) or (LAWS5007 and LAWS5010), LAWS1004 or LAWS3000 or LAWS3003 or LAWS2011 or LAWS5011 Corequisites: LAWS2002 or LAWS2010 or LAWS5010, LAWS1018 or LAWS2005 or LAWS1023 or LAWS5005 Prohibitions: LAWS3045, LAWS3458, LAWS5158, LAWS3453, LAWS5153, LAWS3499 Assessment: 3000wd research essay (50%) and 2hr exam (50%) Campus: Camperdown/Darlington 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.
LAWS5157 Private International Law B

Credit points: 6 Teacher/Coordinator: Mr Ross Anderson Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3015, LAWS3457 Assessment: class test (25%) and 2hr exam (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
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.
LAWS5196 United States Constitutional Law

Credit points: 6 Teacher/Coordinator: Prof Helen Irving Session: Semester 2 Classes: 2x2hr seminars/wk for 10 weeks. Prerequisites: LAWS5011 or LAWS2011 or LAWS1004 or LAWS3000 or LAWS3003 Prohibitions: LAWS3418, LAWS5118, LAWS3491, LAWS5191, LAWS3496 Assessment: Class participation (15%) and either a) 2,500wd optional essay/problem question (35%) and final 2hr exam (50%) or b) 3hr exam (85%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit provides an in-depth introduction to the principles, core concepts, and key cases of United States Constitutional Law. It traces the structure and role of the U.S. Supreme Court, and the development of U.S. constitutional reasoning from the post-revolutionary period to the present. It considers debates about constitutional interpretation, and the significance of different approaches to key provisions of the Constitution. Topics may include all or any of: federalism and the commerce clause; eminent domain and "just compensation"; substantive due process; equal protection of the laws: race and gender discrimination; freedom of speech; freedom of religion; unenumerated rights; constitutional protection of citizenship and voting. Students will also be introduced to, and encouraged to engage in, normative debates about constitutional values.
LAWS5183 War Law: Use of Force & Humanitarian Law

Credit points: 6 Teacher/Coordinator: Dr Alison Pert Session: Semester 1 Classes: 2x2hr seminars/wk Prohibitions: LAWS3440, LAWS3086, LAWS3483, LAWS6218, LAWS6062 Assessment: 3000wd assignment (30%) and 2hr exam (70%) Campus: Camperdown/Darlington 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).

Part 1 - Master's Level Electives (International, Comparative, and Transnational)

LAWS6856 Anti-Terrorism Law

Credit points: 6 Teacher/Coordinator: Prof Ben Saul Session: Int August Classes: Aug 1, 2 & 8, 9 (9-5) Prohibitions: CISS6011 Assessment: 6000wd essay (70%), take-home exam (30%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6856 Terrorism & Counterterrorism Policy and Law.
This unit aims to introduce you to the diverse range of anti-terrorism laws and policies which have developed at the international, regional and domestic levels, and which proliferated after the terrorist attacks of 11 September 2001. Laws will be evaluated in the light of their profound and complex political, ideological and ethical implications for political order, legal systems, human rights, and international relations. In essence, the study of terrorism (and the law's response to it) is the study of the timeless philosophical question of when political violence is justified, against whom, and for what purposes - whether it is 'freedom fighters', or 'State terrorism', that is at issue.
LAWS6128 Comparative International Taxation

Credit points: 6 Teacher/Coordinator: Prof Tim Edgar Session: Int August Classes: Aug 6-8 & 11, 12 (9-3.30) Assessment: 7000wd essay or take-home exam (100%) Campus: Sydney Mode of delivery: Block Mode
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.
LAWS6222 Corporate Governance

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Int July Classes: Jun 30, Jul 1 & 7, 8 (9-4) Assessment: general class participation (10%), short pre-class assignment on "Choose your own Corporate Scandal" and specialised class participation (10%), class quiz (written) to be held on Day 4 (20%) and essay or exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6140 Corp Soc Responsibility: Theory/Pol

Credit points: 6 Teacher/Coordinator: Assoc Prof Ian B Lee Session: Int August Classes: Aug 4, 5 & 11, 12 (9-4) Assessment: class participation (15%) and assignment (10%) and 6000wd essay (75%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will examine a selection of theoretical and policy issues broadly related to the social responsibilities of corporations, including: conceptions of the corporation; the responsibility of corporate entities under the criminal law; corporate participation in the political process; corporate governance and democratic principles and corporate responsibility in respect of international human rights violations.
The unit will adopt a comparative and interdisciplinary approach, drawing on material from jurisdictions including the U.S. and Canada, as well as on methodologies and insights from law and economics and other schools of thought.
LAWS6318 Corporate Innovation and Abuse

Credit points: 6 Teacher/Coordinator: Prof Kent Greenfield, Prof Frank Partnoy Session: Int June Classes: Jun 2-5 (9-5) 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) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will cover the recent and dramatic changes in the operation and regulation of multinational corporations. Both private and regulatory innovations have made corporations simultaneously more efficient and potentially more dangerous. Initial topics include the modern theory of the firm and the role of financial innovation, derivatives, off-balance sheet transactions, accounting treatment, compensation, the aftermath of the recent financial crisis, and the role of credit ratings and credit rating agencies, as well as the major modern corporate abuses, frauds, and pyramid schemes. Then the course will turn to the increasing importance of politics in corporate governance, and a range of new global public law issues that have shifted the role of the corporation in society. The unit will conclude by covering the major policy issues confronting boards of directors and managers, with a particular focus on the tensions between shareholder value and various important stakeholder rights.
LAWS6997 Cross-Border Deals

Credit points: 6 Teacher/Coordinator: Mr Ronald C Barusch Session: Int October Classes: Intro Class: Oct 9 (6-8) then Oct 17, 18 & 24, 25 (9-4) Assumed knowledge: Undergraduate law degree. Students undertaking this unit must have a good working knowledge of the Australian Corporations Act and the rules and practices applicable to securities offerings and takeovers or the equivalent in their home jurisdiction. Assessment: short pre-class paper on a cross-border issue (10%), class participation (15%), take-home quiz (15%) and take-home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6997 Cross-Border Deals - A US Perspective.
This unit is for law graduates and students for the JD degree who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions. The unit highlights the distinctive concepts and practices of overseas securities and corporate laws in cross-border transactions and focuses on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal.
The lecturer was for over 30 years a merger & acquisition and securities lawyer in the US (resident for several years in Australia) and a significant portion of the class will cover US laws and practices on cross-border deals. The US segment will begin with a brief examination the US Federal system in which corporate and securities law responsibility is allocated between the states and Federal government, proceed to a practical discussion of the process of offering securities in the US and how it can affect non-US offerings, and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M&A concepts and practices, including mergers, break-up fees, poison pills, and proxy fights will be discussed.
The remainder of the class will focus on deal regulation of other jurisdictions (including the UK, China and other European and Asian regulations) of international transactions. Practical consequences of the regulatory requirements of these jurisdictions will be discussed, particularly as they relate to M&A, as well as certain subjects that have worldwide applicability (such as due diligence to determine possible corruption, vendor due diligence and directors' duties).
The unit will by a series of lectures, guest lectures and panel discussions. For example, when we discuss due diligence, it is anticipated that a pair of US and Australian practising securities lawyers will join the class to engage in a mock negotiation on how to conduct due diligence to satisfy very different legal standards in the two jurisdictions.
The purpose of the unit is to assist Australian and other non-US lawyers in (a) identifying potential cross-border issues and (b) being creative in solving the challenges that arise in international securities transactions.
LAWS6852 Doing Business in China

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Int August Classes: Aug 8, 9 & 22, 23 (9-5) Assumed knowledge: LAWS6252 or law degree from a common or civil law jurisdiction Assessment: 3500wd essay (50%) and take-home exam (50%) or take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6307 Expert Evidence & Class Action Procedure

Credit points: 6 Teacher/Coordinator: Prof Peter Cashman Session: Int May Classes: May 2, 9, 16 & 23 (9.30-4.30) Prohibitions: LAWS6230, LAWS6869 Assumed knowledge: Students without a law degree or equivalent may enrol in this unit but should be aware that the unit focuses on legal and evidentiary issues. Assessment: 4000wd essay based on the expert evidence component of the unit (50%) and 4000wd case study based on the class actions component of the unit (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6230 Expert Evidence and LAWS6869 Class Actions and Complex Litigation.
The expert evidence component of the unit will examine the role of expert witnesses, their reports and their testimony in civil and criminal cases. This will include an examination of the law governing the admissibility of expert evidence and the procedural means by which such evidence is adduced. Part of the unit will be devoted to current controversies surrounding the role of experts in particular civil and criminal cases.
The class actions component of the unit examines the substantive law, legal theories and procedural devices for the litigation and resolution of large scale, complex civil litigation. This encompasses representative actions, class actions and the use of other mechanisms for the aggregation and resolution of mass claims, including under bankruptcy law.
There will be a particular focus on Part IVA of the Federal Court Act (Cth) and representative action procedures available in Australia under the rules of court and statutory provisions in various areas (including discrimination, human rights, insurance law, privacy, corporations law and shareholder rights).
The unit will also cover comparative material on group litigation procedures and class actions under the laws of other countries, including England and Wales, Canada and the United States.
Textbooks
Freckleton I, and Selby H, Expert Evidence: Law, Practice, Procedure and Advocacy, Thompson, Sydney; Grave D, Adams K and Betts J, Class Actions in Australia (2nd ed) Thompson Reuters, 2012
LAWS6933 Global Oil and Gas Contracts and Issues

Credit points: 6 Teacher/Coordinator: Prof Owen Anderson, Prof John Lowe Session: Int May Classes: May 19-22 (9-5) Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6933 International Petroleum Transactions. MIL and GradDipIntLaw students may enrol in either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both.
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.
LAWS6846 Human Rights and the Global Economy

Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Int August Classes: Aug 15, 16 & 29, 30 (9-5) Prohibitions: LAWS5134 Assessment: 8000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Master of Law and International Development students may undertake this unit as an elective or capstone unit
The questions of whether and how the global economy and human rights interrelate and interact have excited much recent controversy on the streets, in the courts and legislatures, in corporate board rooms and in the corridors of the UN and the international trade and financial organizations. It is a controversy that will almost certainly intensify over the next few years. The debate is controversial because it is important, and it is important because it involves two great globalizing forces namely, the promotion of free market ideology through trade liberalization and the protection of human rights through the universalization of the norms that underpin human dignity. On the face of it the two projects do sit easily together. Are they, in fact, implacably opposed to each other? Where or how do they overlap and what are the consequences or opportunities presented thereby? What role can the law play in regulating their interaction whether it be domestic or international law, 'hard' or 'soft' law. And what or who are the real actors behind the economic and human rights power blocs on the global stage? This unit seeks both to frame these questions and to address them by reference to the most recent discussion, thinking and action in the area.
LAWS6896 Internatl & Comparative Criminal Justice

Credit points: 6 Teacher/Coordinator: Prof Mark Findlay Session: Int May Classes: May 16, 17 & 23, 24 (9-5) Prohibitions: LAWS6269, LAWS6219 Assessment: class presentation (20%), essay (40%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit explores the growing internationalisation of criminal justice through an examination of forms of transnational crime and international conflicts and the infrastructure that is being developed to regulate global insecurities and criminal harms. It will explore the development of various institutions in response to international crimes and their relation to international human rights and access to justice. It will consider the different paradigms of justice that inform diverse international developments, notably contrasts between retributive and restorative justice. The unit will explore tensions and conflicts between nation-state based criminal justice and international norms, processes and procedures for regulating crime. It will assess the extent to which a distinct international criminal justice order is being established, the nature of its jurisprudence and values and its implications.
LAWS6022 Internatl & Comparative Labour Law

Credit points: 6 Teacher/Coordinator: Prof Mia Ronmar Session: Int August Classes: Aug 1, 2 & 8, 9 (9-5) Assessment: 2500wd assignment (30%) and 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will explore current important aspects of international and comparative labour law, with a special focus on EU and European developments. Topics to be covered include: national labour law systems and comparative labour law 'typologies'; ILO standards and fundamental rights (and possible tensions between regulation at international, regional and national/constitutional levels); characteristics of EU labour law; the personal scope of labour law; fundamental trade union rights, collective bargaining and information and consultation (including the so-called 'Laval Quartet' case law and conflicts between fundamental trade union rights and economic free movement rights); flexicurity, employment protection and regulation of flexible work; non-discrimination legislation; labour law in times of economic crisis. In coordinating and teaching this unit Prof Rönnmar draws on her experiences from previous research in this field, and from her work as the Editor-in-Chief of the International Journal of Comparative Labour Law and Industrial Relations.
LAWS6061 International Environmental Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Ms Kate Owens Session: Int May Classes: May 7-10 (9-5) Assessment: 2500wd problem-based assignment (30%) and 5500wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Students seeking further study in international environmental law may undertake LAWS6922 Advanced International Environmental Law.
This unit aims to provide students with an overview of the development of international environmental law throughout the twentieth century. Attention will primarily be devoted to the international law and policy responses to global and regional environmental and resource management issues. Basic principles will be discussed prior to taking a sectoral approach in looking at the application of international environmental law in specific issue areas. The unit includes material on implementation of international environmental law in the Asia Pacific region. Relevant Australian laws and initiatives will be referred to from time to time. The focus is on law and policy that has been applied to deal with environmental problems in an international and transboundary context.
LAWS6037 International Import/Export Laws

Credit points: 6 Teacher/Coordinator: Adj Prof Alan Bennett Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class assignments (10%), mid-semester take-home exam (25%) and final semester take-home exam (65%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit is a comparative study of international import/export laws. It does not look in detail at Australian law. The material covered in the unit is based on the WTO multilateral agreements which the 159 WTO member countries have adopted and which bind them on the topics covered.
The unit commences with an introduction to the relevant WTO agreements underpinning international import and export laws affecting WTO members. It then provides an introduction to international import dispute mechanisms through the WTO Dispute Settlement Understanding. The Kyoto Convention is then examined to determine the key elements of a modern customs statute.
The unit also examines: Free Trade Agreements; anti-dumping duty; discriminatory taxes/laws on imports; markings and intellectual property rights on imported goods; importers' remedies against customs decisions; customs valuation and tariffs; and, customs "post entry" audits.
LAWS6816 Labour Law in the Global Economy

Credit points: 6 Teacher/Coordinator: Prof Rosemary Owens Session: Int Sept Classes: Sep 5, 6 & 12, 13 (9-5) Assumed knowledge: LAWS6252 or a law degree and, for MLLR students, LAWS6071 Assessment: class participation and assignments (30%), 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will explore the extent to which the new global economy (global integration of production and increased migration, digital and informational technologies, transformations in work and production processes, and the shift to services) has undermined norms of employment, forms of workers organization, the traditional structure of the firm, assumptions about who workers are and what they need, and ideas about how regulation works - norms, assumptions, and ideas that have been the foundation upon which national regimes of labour regulation have been built. Topics to be covered include: flexible labour markets and the International Labour Organization's response; the informalization, feminization, and commercialization of employment; outsourcing, off-shoring and business networking and their impact on labour law; challenges in the regulation of child labour and forced labour; the intersection of migration and labour law; the challenges of finding effective mechanisms for worker representation, or `voice', in an era of declining union membership; and the challenges of new technology and work organization on working patterns and conditions of work.
LAWS6932 Law and Investment in Asia

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (Coordinator), Assoc Prof Simon Butt Session: Int April Classes: Apr 4, 5 & 22, 23 (9-5) Assessment: 2000-2500wd take-home exam (30%) and 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The aim of this unit is to provide students with a broad overview of the key legal issues commonly faced when investing and doing business in Asia. This unit covers areas of commercial law across Asia with primary emphasis on Japan, Indonesia, Malaysia, China and possibly India, including case studies. It covers foreign investment regulation; laws related to foreign investment; contract and/or competition law; labour law; corporate governance; intellectual property; Islamic law and finance (where relevant); corruption; WTO and FTA compliance; dispute resolution; and key issues in modern comparative law which may assist students in their study of `foreign' legal systems.
LAWS6928 Law, Justice and Development

Credit points: 6 Teacher/Coordinator: Dr Livingston Armytage Session: Int April Classes: Apr 4, 5 & 11, 12 (9-5) Prohibitions: LAWS3478 Assessment: class participation (10%), class presentation (10%), 2x4000wd essays (2x40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit is compulsory for MLawIntDev students and replaced LAWS6928 Law & Economic Development.
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.
LAWS6047 Law of the Sea

Credit points: 6 Teacher/Coordinator: Assoc Prof Tim Stephens Session: Int June Classes: May 29, 30 & Jun 5, 6 (9-5) Assessment: 5000wd essay (60%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The oceans cover two-thirds of the world's surface, and are vital to international commerce, are a store of important living and non-living resources, and provide indispensable environmental services including stabilising the global climate system. This unit reviews the major areas of the law of the sea as it has developed over the centuries. The unit takes as its focus the 'constitution' of the oceans, the 1982 UN Convention on the Law of the Sea and also considers a range of other international conventions and agreements, and current state practice. Each of the major maritime zones is assessed, and there is also a detailed review of several sectoral issues, including the protection of the marine environment, fisheries, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference will be made throughout the unit to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6317 Regulation of Corporate Crime

Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Int May Classes: May 9, 10 & 23, 24 (9-5) 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%), 5000wd essay (55%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6177 Tax Treaties

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Int May Classes: May 21-23 & 26, 27 (9-3.30) Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6976 The Causation Element

Credit points: 6 Teacher/Coordinator: Assoc Prof David Hamer Session: Int May Classes: May 2, 3 & 16, 17 (9-5) Assessment: 4500wd essay (50%) and 1500wd take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The focus in this unit is on causation as an element in civil claims and criminal offences - the plaintiff must prove the defendant's breach caused the plaintiff's damage; the prosecution must prove that the defendant's act/omission caused the victim's death. We will examine competing definitions and conceptualizations of causation - over determination and the limits of the but/for notion; the extent to which it is possible to separate factual and legal causation; common sense versus conceptual analysis. We will also consider special proof rules that are being developed to address the difficulties causation presents - loss of chance, material contribution, presumed causation (following proof of breach).
LAWS6844 US Corporate Law

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Int February Classes: Feb 20, 21 & 27, 28 (9-4) Assessment: class participation (10%) and quiz (20%) and essay or exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The objectives of this unit are: understand the history, structure and operation of US corporate law and corporate governance; to examine the common law, statutory provisions; and to explore the tension between state and federal law, including recent regulatory developments under the Sarbanes-Oxley Act 2002 and the Dodd-Frank Act 2010. Specific issues discussed in the course include the "race to the bottom" vs "race to the top" hypotheses; the US approach to veil-piercing; the governance role of shareholders under US law; directors' duties, including the duty of care and the duty of loyalty; the operation of the business judgment rule; derivative litigation; the law relating to closely held corporations; judicial review of tender offer defences.
LAWS6171 US International Taxation

Credit points: 6 Teacher/Coordinator: Prof Ethan Yale Session: Int May Classes: May 14-16 & 19, 20 (9-3.30) Assessment: 2hr exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6096 Work Safety

Credit points: 6 Teacher/Coordinator: Prof Richard Johnstone Session: Int February Classes: Feb 7, 8 & 21, 22 (9-5) Assumed knowledge: LAWS6252 or a law degree (GradDipPubHL and MLLR students) and LAWS6071 (MLLR students) Assessment: class participation (10%), 3000wd essay (40%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.

Part 2- Elective Units of Study

LAWS5104 Advanced Criminal Law

Credit points: 6 Teacher/Coordinator: Dr Arlie Loughnan Session: Semester 1a Classes: 1x6-hr seminars/week for 7 weeks Prerequisites: LAWS1016 or LAWS1003 or LAWS2009 or LAWS5004 Prohibitions: LAWS3445, LAWS3404 Assessment: Research paper proposal (20%) and research paper (60%) and class participation (20%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
This unit critically examines the criminal law, criminal justice institutions and penal practices in the context of legal scholarly debates. Topics to be considered in any one semester may include criminal responsibility, capacity, gender and criminal law, corporate criminal liability, offence construction and trends in sentencing. In addition to these topics, the unit will attempt to respond to cutting edge developments in the criminal law as they arise. This unit of study introduces a set of 'challenges' for the contemporary criminal law. Each 'challenge' forms the lens through which larger or longer-term theoretical and others issues are discussed. This unit does not adopt a content - driven approach to criminal law; instead, it adopts an explicitly critical socio-historical approach to the study of law, and draws on inter-disciplinary scholarship throughout. Discussion of relevant academic commentary forms a core part of the subject matter of the course.
LAWS5106 Advanced Evidence

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

Credit points: 6 Teacher/Coordinator: Prof Barbara McDonald, Prof Greg Tolhurst (Sydney stream), Prof Elisabeth Peden (Cambridge stream) Session: Semester 2,Winter L1 Classes: Sydney stream: 1 x 6hr seminars/wk for 6 weeks (weeks 2, 3, 4, 5, 7 and 8). Cambridge stream: Intensive classes running for five full days from 6 - 11 July 2014. Prerequisites: LAWS1010 or LAWS1012 or LAWS5001, LAWS1002 or (LAWS1015 and LAWS1017) or (LAWS5002 and LAWS5006), LAWS2004 or LAWS2015 or LAWS5015 Prohibitions: LAWS3477 Assessment: Sydney stream: class participation depending on numbers (20%), 1 x presentation or assignment (20%), 1 x essay (60%). Cambridge stream: 1000wd casenote (20%) to be submitted at the commencement of classes and take home exam (80%) Campus: United Kingdom Mode of delivery: Block Mode
Note: Department permission required for enrolmentin the following sessions:Winter L1
Note: Enrolment in the Cambridge stream is by application to the Law School.
This unit will explore a number of contentious and advanced issues arising in the law of civil obligations and remedies. It will build on the fundamentals in the areas of contracts, tort and equity and place particular emphasis on the interaction of these three fields of the law. Particular topics depend on the expertise of the guest lecturers in these areas but may include :
- causation and scope of liability
-controlling liability by contract
-restitution in contract
- assignment of contractual rights
-assessing loss
-duties of good faith
- controlling fiduciary duties.
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, LAWS3409 Assessment: Either (2hr optional mid-semester quiz (30%) and 2hr final exam (70%)) or 2hr final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit further pursues the goals of Australian Income Tax and is to be regarded as an extension of that unit. In particular, the unit surveys some more advanced (and practically relevant) aspect of Australia's tax system, including special rules applicable to entities (partnerships, trusts, and companies) and their owners, international taxation, goods and services tax (GST), business cost recovery mechanisms (trading stock and depreciation), and tax administration. Together with Australian Income Tax, these units provide a basic understanding of the Australian tax system and a basis for further study and/or practice.
LAWS5111 Anti-Discrimination Law

Credit points: 6 Teacher/Coordinator: Dr Belinda Smith Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3012, LAWS3411 Assessment: Class participation (10%) and online short answer exam (25%) and 2hr exam (65%) Campus: Camperdown/Darlington 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 traits 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 grounds of discrimination (such as sex, race, disability, age, or family responsibilities), but considerable attention is also paid to regulatory alternatives to explore how the law could be developed.
LAWS5112 Australian Income Tax

Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 1,Summer Late Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3047, LAWS3412 Assessment: 2hr optional mid-semester quiz (30%) and 2hr final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit provides an introduction to the Australian federal income tax system (including capital gains tax and fringe benefits tax). It introduces both the operation of the tax laws and the underlying principles which those laws seek to implement, as well as the important issues in tax policy. Topics covered include the concept and various categories of income, capital gains tax, fringe benefits tax, allowable deductions and the treatment of capital expenditure, basic tax accounting principles, and legislative responses to tax avoidance. The unit also introduces the key concepts used to evaluate tax policy, including welfare economics, thereby providing students with a basic understanding of why taxation is of such fundamental concern in modern democratic societies. This unit serves as an introduction to the Australian income tax system and is a prerequisite for Advanced Taxation Law.
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, LAWS2004 or LAWS2015 or LAWS5015, LAWS2007 or LAWS2017 or LAWS5012 Prohibitions: LAWS3101, LAWS3413 Assessment: Three options: 1) 2,500wd assignment (50%) and 1hr exam (50%); 2) 3,500 wd essay (50%) and 1 hr exam (50%); 3) 2hr exam (100%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit aims to provide students with:
* An overview of the legal regulation and supervision of banks and other Authorised Deposit-taking Institutions (ADIs);
* An understanding of the legal basis of the relationship between banks, ADIs and their customers, and an overview of the more common rights and duties that adhere to the banker/customer relationship;
* An introduction to negotiable instruments (cheques and bills of exchange), letters of credit and performance bonds, and guarantees;
* An introduction to the Personal Property Securities Act 2009 and its impact on secured lending.
LAWS5116 Commercial Dispute Resolution

Credit points: 6 Teacher/Coordinator: Mr Paul Scanlon Session: Semester 2 Classes: 1 x 4-hr seminar/week for 10 weeks Prohibitions: LAWS3006, LAWS3022, LAWS3416 Assessment: 3,500wd research essay (45%) and assessable workshops (3x15%) and class participation (10%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application and priority is given to final year students.
This course is aimed at giving specific dispute resolution skills to graduates who see themselves as practising actively in the business world, handling matters involving contract, finance and property. The workshops derive their substance from actual mediations and disputes. They involve some of the most frequently pleaded heads of law in commercial litigation, such as misleading and deceptive conduct, misrepresentation, and unconscionable conduct. For meaningful involvement in these workshops it will be necessary for students to become familiar, through the required readings, with the substantive law in these areas.
The starting point for this subject is the theory of ADR in its various forms. When these are understood in the early stages of the course, it is then seen as beneficial to re-create realistically the dynamics of commercial disputes, involving as they do a complex mixture of substantive law, adversarial parties, unclear facts and hidden agendas. This is an opportunity for graduates to become aware of and embark on acquiring some practical skills needed to handle these situations.
The teaching methodology is highly interactive and all class members are required to participate and contribute.
LAWS5117 Commercial Land Law

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

Credit points: 6 Teacher/Coordinator: Mr David Howarth, Dr Brett Williams Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks. Prohibitions: LAWS3016, LAWS3419 Assessment: Class presentation (10%) and 3000wd essay and peer review (30%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study examines competition law and policy in Australia. The central part of the course deals with Part IV of the Competition and Consumer Act 2010 (Cth). The framework for analysis will include a critical examination of the fundamental purposes of competition law policy. Some references will be made to the restrictive trade practices provisions of comparative jurisdictions.
Topics include: (a) common law antecedents of competition law and history of competition law legislation; (b) National Competition Policy and legislation; (c) application of the Competition and Consumer Act 2010 (Cth); (d) elementary economic theory of monopoly and the goals of competition policy; (e) fundamental concepts of competition, market definition, market power and public benefit; (f) mergers and acquisitions; (g) horizontal arrangements including cartel conduct, primary boycotts, and arrangements which substantially lessen competition; (h) vertical arrangements including exclusive dealing and third line forcing; (i) misuse of substantial market power; (j) notifications and authorizations; and (k) overview of remedies and enforcement. Additional topics may include resale price maintenance or access to essential facilities.
LAWS5124 Corporate and Securities Regulation

Credit points: 6 Teacher/Coordinator: Corrs Chambers Westgarth and Herbert Smith Freehills staff Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks at Phillip St building Prerequisites: LAWS2003 or LAWS2014 or LAWS5014 Prohibitions: LAWS3108, LAWS3424 Assessment: Class participation and problem questions (10%) and 3hr exam (90%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Explore the world of a mergers and acquisitions lawyer! This unit covers the major areas of public securities regulation - takeovers, schemes of arrangement, corporate fundraising, buy backs and capital reductions, continuous disclosure and insider trading, from a technical, practical and tactical viewpoint. This course is run by leading M&A partners from Corrs Chambers Westgarth and Herbert Smith Freehills, who use real-life war stories to illustrate legal principles, but also the practical and commercial application of them in our current market. The course has been designed with future corporate graduates and junior investment bankers in mind. It is a great addition to the resume and head start for any students interested in, or wishing to practise in, corporate law and mergers and acquisitions.
LAWS5126 Criminology

Credit points: 6 Teacher/Coordinator: Mr Garner Clancey Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3020, LAWS3426 Assessment: 2,500-3,000wd research essay (60%) and 1,200wd presentation paper (30%) and class facilitation (10%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Semester 2
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.
LAWS5127 Death and Inheritance Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Fiona Burns Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3056, LAWS3427 Assessment: Structured class presentation (20%) and 2000wd research essay (30%) and 1hr (30 mins reading time) open-book exam (50%). NB Subject to change and dependent on enrolment numbers. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
In terms of content, the unit covers the law that governs the transmission of property rights on the death the holder of those property rights to other persons. The unit begins with an overview of succession law in Australia; looking at testamentary freedom in its historical context; the development of powers of testation, and the reception of English law in NSW. The unit then considers the modern family relationships for succession; the boundaries of the law of succession (dealing with such matters as nominations, donationes mortis causa and contracts involving wills); the legal fact of death; intestate succession, the law of wills, family provision legislation and if time permits some aspects of the administration of deceased estates. Students who wish to practise in the area of succession law are encourage to consider studying this unit, because the matters covered in this unit are indispensable for a career in succession, property and inheritance. 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.
LAWS5130 Environmental Law

Credit points: 6 Teacher/Coordinator: Ms Kate Owens Session: Semester 1 Classes: 2x2-hr seminars/week Corequisites: LAWS2002 or LAWS2010 or LAWS5010 Prohibitions: LAWS3024, LAWS3430 Assessment: In-class test (50%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study introduces students to the principles of environmental law. The unit begins by examining environmental ethics, the principles of ecologically sustainable development, and the consequences of the Australian federal system for environmental regulation. Environmental laws in various contexts are then examined - including climate change, heritage, biodiversity, land-use and pollution.
LAWS5174 Equity and Financial Risk Allocation

Credit points: 6 Teacher/Coordinator: Prof John Stumbles Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2004 or LAWS2015 or LAWS5015 Prohibitions: LAWS3474 Assessment: 3000wd answer to a problem question (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
The objective of this unit is to introduce the role of equity as a potential mechanism for allocating risk in commercial transactions. The unit introduces equitable doctrines not covered in the Equity Unit, such as penalties, the doctrines of contribution, subrogation, marshalling and set-off. The Unit explores how these doctrines assist in determining how parties in a commercial transaction should bear the financial risk. It also compares and contrasts the equitable principles with analogous common law rules and considers the impact of statute on these doctrines.
LAWS5131 External Placement Program

Credit points: 6 Teacher/Coordinator: Ms Irene Baghoomians Session: Semester 1 Classes: 8/9 x 2hr seminars/semester Prohibitions: LAWS3025, LAWS3431 Assessment: Class presentation and performance (30%) and site performance (30%) and 3000wd essay (40%). Campus: Camperdown/Darlington Mode of delivery: Professional Practice
Note: Department permission required for enrolment
Note: Enrolment in this unit is by special application. Enrolment is restricted to students in their final year of study.
In this unit of study students are afforded the opportunity to work the equivalent of one day per week during the semester in a 'public interest' placement site. In addition, students attend fortnightly seminars which are designed to promote discussion and reflection on a range of issues that may arise during the course of the placement as well as seminar presentations on matters relevant to public interest externships. The unit has a public interest focus which is reflected in the selection of placement sites.
At the end of the unit students should have:
* acquired a better sense of the professional and personal responsibilities associated with the practice of law;
* developed an appreciation that the law is a people profession;
* observed and participated in a high level of problem solving flowing from real case files (where appropriate);
* been introduced to the basic inter-personal skills involved in the practice of law;
* interacted with legal professionals in a flexible learning environment;
* been introduced to aspects of the practice of law such as legal writing, advocacy and time management; and
* developed the character and habits of a reflective practitioner.
LAWS5132 Family Law

Credit points: 6 Teacher/Coordinator: Prof Patrick Parkinson (semester 2) Session: Semester 1,Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3026, LAWS3432 Assessment: 2,500-3,000wd assignment (40%) and 105min exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Semester 2
Family Law deals with the core provisions of the Family Law Act 1975 governing parenting of children and the property of married couples and persons in a de facto relationship. This course is essential for those interested in Family Law. It is a pre-requisite for Advanced Family Law.
Family Law will focus on the following topics: constitutional and jurisdictional issues; marriage, divorce and de facto relationships, the resolution of disputes relating to children under the Family Law Act 1975, property division under the Family Law Act; child support and maintenance.
LAWS5135 Indigenous People and Public Law

Credit points: 6 Teacher/Coordinator: Ms Tanya Mitchell Session: Semester 2 Classes: 2 x 2hr seminars/week for 10 weeks Prohibitions: LAWS6988, LAWS3435, LAWS3005 Assessment: Class participation (10%) and 1000wd Critical Review Essay (20%) and essay plan (10%) and 5000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This course explores the relationship between Indigenous people and national and international public law systems. We begin with an exploration of Indigenous Customary Law and social 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 perplexing issues such as: the plethora of definitions of Aboriginality that have been imposed upon Aboriginal people and attempts by Aboriginal people to construct their own identity; the disproportionate incarceration rate of Indigenous Australians; the legal mechanisms used to execute The Intervention; the utility of International Law, Human Rights Law and International bodies to Indigenous people; the meaning of self-determination; and the management of the relationship between Indigenous Australians and their land. Students will be exposed to comparisons with other countries facing similar issues in the common law world and beyond. 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.
LAWS5360 Independent Research Project

Credit points: 6 Session: Semester 1,Semester 2,Summer Early Prohibitions: LAWS3030, LAWS3031, LAWS3115, LAWS3260, LAWS5315, LAWS5330, LAWS5331 Assessment: 7,500wd research paper Campus: Camperdown/Darlington 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.
LAWS5145 Insolvency Law

Credit points: 6 Teacher/Coordinator: Prof John Stumbles Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2003 or LAWS2014 or LAWS5014 Prohibitions: LAWS3403, LAWS5103, LAWS3445 Assessment: 3000wd answer to a problem question (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
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.
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: 2,500-3,000wd research essay (40%) and 1000wd drafting exercise (20%) and take home exam OR optional additional research essay (40%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Legal interpretation is the process by which the legal meaning of a text is ascertained, by reference to the text considered in context and with regard to its purpose. This course deals with the principles and methods of legal interpretation. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of wills, contracts, 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 - 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 international of national and international instruments - Constitutions and treaties.

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

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

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

Credit points: 6 Teacher/Coordinator: Dr Shae McCrystal Session: Semester 2 Classes: 2x2hr seminars/wk Prohibitions: LAWS3023, LAWS3446 Assessment: 3000wd research essay (40%) and 1.5 hr open book exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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).
LAWS5151 Media Law: Contempt and Open Justice

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

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

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

Credit points: 6 Teacher/Coordinator: Dr Murray Lee Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3048, LAWS3455 Assessment: 2,500-3,000wd research essay (60%) and 1,200wd presentation paper (30%) and class facilitation (10%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit of study aims to encourage students to develop skills and knowledge about the police and policing, with particular reference to the shifting nature of policing. The unit includes critical analysis of theoretical and policy issues within contemporary criminal justice, but also examines policing (in its widest sense) including the pluralisation of policing. Students will examine: crime and crime control within a social and political context; policing and other institutions and processes of criminal justice in the light of contemporary research and policy debates; the major theoretical frameworks within which crime, policing and criminal justice policy are constructed and analysed; challenges for policing arising from changes in spatial arrangements, and from transnational developments in crime and crime control.
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, LAWS3460 Assessment: 2,000wd essay (20%) and 2hr closed book exam (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The course provides a general introduction to all aspects of Roman private law. It begins with an historical sketch of Roman institutions from the earliest times until the reign of Justinian (CE 527-565), together with an introduction to Roman legal history and the development of Roman legal concepts. It also deals with the reception of Roman jurisprudence into modern European legal systems and the common law. The Roman law of marriage and family, moveable and immoveable property, real and personal security, succession, and contractual, quasi-contractual and delictal obligations are then dealt with in depth. The Institutes of Justinian, in English, is the fundamental text for study and students are expected to read the Institutes in some detail. The Institutes constitute a map of the law and means of ordering the law. Roman law has always been, and still is, of great historical importance in the development of many areas of the common law. Roman law also provides a yardstick by which both the virtues and the shortcomings of the common law can be measured. Further, Roman law forms the jurisprudential background of most of the legal systems in force in continental Europe and those parts of the rest of the world that were colonised by continental European nations.
LAWS5184 Secured Transactions in Commercial Law

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

Credit points: 6 Teacher/Coordinator: Prof Peter Cashman (sem 1), Mr Edward Santow (February intensive) Session: Int 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, LAWS3461 Assessment: 1 x written assignment (100%), compulsory class presentation and participation (pass/fail), and Clinical Placement evaluation (pass/fail). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application. Priority will be given to students in their final year of study.
The Social Justice Program will arrange for students enrolled in the course to work with various organisations which have agreed to participate in the Program. To date, such bodies include the Refugee Advice and Casework Service (RACS), the Public Interest Law Clearinghouse (PILCH), the Public Interest Advocacy Centre (PIAC) and the Environmental Defender's Office (EDO). Through such organisations students will be exposed to real world cases and participate in a structured seminar program dealing with social justice issues and aspects of public interest law.
During semester hands-on experience with cases, clients and/or policy and research projects will be obtained one day per week in a 'social justice' placement site. Students will attend weekly seminars designed to provide students with the basic knowledge and skills required to participate in a working clinical legal organisation, and cover legal issues specific to the placement sites. The seminars will encourage discussion and reflection on the range of issues that may arise during the course of the placement.
At the end of the unit students should have: (i) enhanced their ethical, social and professional understanding of the practice of law; (ii) improved their ability to recognise, define and analyse legal problems flowing from real case files, and to identify and create processes to solve them; (iii) observed and practised communication and inter-personal skills involved in the practice of law; (iv) been introduced to aspects of legal practice such as legal writing, research, client interaction and time management; (v) had the opportunity to work both independently and collaboratively, in a way that is informed by openness, curiosity and a desire to meet new challenges.
LAWS5165 Sydney Law Review

Credit points: 6 Session: Semester 2 Prohibitions: LAWS3057, LAWS3465 Assessment: 2,500wd essay (25%) and 5,000wd case note (50%) plus editing (25%) Campus: Camperdown/Darlington 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. For further information, please visit sydney.edu.au/law/slr.
This unit of study is offered annually under the supervision of the Editor of the Sydney Law Review, who is a member of the full-time teaching staff. The unit is limited to approximately 18-24 students per year, who are selected on the basis of their academic results. Preference may be given to students in their final year in the selection of students for the unit. Each student will complete a range of tasks with respect to the Review, including editing and proofreading submissions and writing a law reform essay and a casenote for potential publication. (A limited number of casenotes are selected for publication each year, according to their merit.) Students selected for this unit must be prepared to serve for six months, so that duties may start before, and may continue after, the formal teaching and examination period.

Part 2- Master's Level Electives

LAWS6963 Regulation and Regulators

This unit of study is not available in 2014

Credit points: 6 Teacher/Coordinator: Assoc Prof Joanna Bird Session: Int May Classes: May 17, 18 & 24, 25 (9-5) Assessment: class participation or presentation (20%) and 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit replaced LAWS6963 Regulation: Theory and Practice.
This unit examines regulatory theory and practice. It is divided into 4 sections: Introduction - what regulation is and why it is created; Regulation - how we regulate, that is, what instruments and techniques are used to regulate economic and social activity in Australia; Regulators - what they should do, what they actually do and how they are held accountable; and International Dimension - how global activity is regulated. Students will explore a number of current key regulatory debates such as current debates about over-regulation, principles-based regulation, enforcement policy and the role of international regulation after the Global Financial Crisis. The objectives of this unit of study are to provide students with an understanding of: regulatory theories; different regulatory instruments and techniques, such as disclosure regulation and licensing, and their merits; complexities of regulatory practice, and the challenges of ensuring regulatory accountability; the challenges of regulation in an increasingly global world.
LAWS6320 Climate Disaster Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Assoc Prof T Stephens, Prof Kurt Deketelaere Session: Int July Classes: Jul 7, 8 & 10, 11. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml Assessment: 8000-10,000wd essay (100%) Campus: United Kingdom Mode of delivery: Block Mode
Note: Department permission required for enrolment
Recent extreme weather events and disasters around the world have resulted in loss of life, property, infrastructure and livelihoods and have severely disrupted the normal functioning of the societies which they have impacted. Worldwide insured losses alone from weather-related disasters have risen from US$5.1 billion per year between 1970-1989 to US$27 billion annually over the past two decades. International climate change negotiations have, over the past five years, delivered outcomes that are entirely inadequate to meet the goal set by the Parties to the United Nations Framework Convention on Climate Change of keeping the rise in average global temperatures below 2 degrees C above pre-industrial temperatures. This unit of study adopts a climate justice approach to assess the respective roles and responsibilities of government and insurers to avoid, prepare for, respond to, recover from, and compensate for, the risks of climate disasters. The questions of avoidance and recovery will rely heavily on traditional Environmental Law mechanisms such as environmental planning and assessment and pollution and waste regimes, as well as the protection of biodiversity. The unit will also assess the viability of tort law and strict liability regimes for hazardous activities to compensate those who are impacted by climate disasters. The strict liability regimes include: global oil pollution spills, hazardous chemicals, asbestos and nuclear disasters. The unit will be taught by an esteemed international team of climate lawyers and individuals with experience in the insurance industry.
The objectives of this unit of study are to: Understand the science presented in two recent scientific reports, the Intergovernmental Panel on Climate Change's 2012 Special Report Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation (SREX), published in 2012, and the Australian Climate Commission's (CCC) 2013 The Critical Decade: Extreme Weather, (Extreme Weather Report, Understand the foundations of climate justice in the context of climate disasters, Understand the relevance of the United Nations Framework Convention on Climate Change, including the loss and damage mechanism, and the Hyogo Framework for Action 2005-2015: Building the Resilience of Nations and Communities to Disasters, The role of governments in enacting climate disaster risk reduction laws including: The role of Environmental and Planning Assessment Law and Building Codes in attempting to prevent climate disasters, Pollution, waste and contamination laws in the post-disaster phases, Biodiversity Law that is expected to protect species from the impacts of climate change and disasters, as well as promote ecosystems as disaster prevention measures, Governance arrangements between levels of government during and post the disaster, Compensatory regimes including those provided by government and the private sector through ex-post disaster relief, insurance and the capital markets; and The strengths and weaknesses of tort and strict liability regimes for compensating the victims of disaster.
LAWS6314 Coastal and Marine Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Tim Stephens Session: Int October Classes: Oct 10, 11 & 17, 18 (9-5) Assessment: 4000wd essay (40%) and take-home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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, and the management of climate change impacts on coastal and marine areas.
Textbooks
Rachel Baird and Donald R Rothwell (eds), Australian Coastal and Marine Law (Federation Press, 2011)
LAWS6839 Critical Issues in Public Health Law

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Int August Classes: Intro Class: Aug 4 (6-8) then Aug 7, 8 & 28, 29 (9-5) Assessment: short response question (20%) and 6000wd essay (80%) or short response question (20%), 3000-3500wd essay (40%) and take-home exam (40%) or short response question (20%) and two 3000-3500wd essays (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for GradDipPubHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252 or LAWS6881.
This unit provides an introduction to key topics in public health law, and a foundation for further study in this field. It begins by exploring the use of law - both historically and conceptually - as a tool for protecting the public's health, for responding to health risks and implementing strategies designed to promote public health. It reviews the sources of public health law, considers the strategies that law can deploy to protect and promote health, as well as debates about the appropriate limits for law in the protection of public health in a liberal democracy.
The unit also provides a review of the law's role within several critical areas, including: acute public health threats (with a focus on SARS, pandemic influenza, and bioterrorism); sexual health and STIs; and tobacco control.
Key topics include: The definition and role of public health law; Case studies illustrating the sources of public health law; The legal framework for managing pandemic influenza and other acute public health threats; An introduction to tobacco control law; and Law's role in promoting sexual health.
Throughout the unit, students will be trained to identify legal issues and to explore their health significance, or impact on population health. Students will be encouraged and expected to critically evaluate the success of public health laws and their underlying strategies for protecting and promoting health. Students will also explore the tension between the public health interest, and competing public and private interests.
Students wishing to extend their knowledge of public health law can enrol in the companion unit, LAWS6848 Law & Healthy Lifestyles. These units comprise a core program in public health law.
Textbooks
Useful references include: Christopher Reynolds, Public and Environmental Health Law, Federation Press, 2011 [Australia focus], Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, University of California Press, 2nd ed, 2008 [US focus]
LAWS6163 Energy and Climate Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Int October Classes: Sep 26, 27 & 29, 30 (9-5) Prohibitions: LAWS6863 Assessment: class participation (20%) and 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: The unit replaced LAWS6163 International & Australian Climate Law (formerly Energy Law).
This unit adopts an inter-disciplinary and integrative approach to understanding the dynamics of one of the most pressing global environmental concerns ecologically sustainable energy use. Working loosely within the framework of the Climate Change Convention, the unit relies on the perspectives of scientists, lawyers and economists to develop an integrated approach to sustainable energy use. The unit identifies current patterns of energy use in Australia and examines Australia's response to the Climate Change Convention. It also analyses the strengths and weaknesses of various political, legal and economic mechanisms for influencing the choice of energy use. The initiatives of the Commonwealth and New South Wales governments, as well as local councils, to promote sustainable energy use and to combat global warming are scrutinised.
LAWS6043 Environmental Impact Assessment Law

Credit points: 6 Teacher/Coordinator: Ms Nicola Franklin, Mr Jeff Smith Session: Int May Classes: May 23, 24 & 30, 31 (9-5) Assessment: 4000wd essay (50%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit has three fundamental aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA as a distinctive regulatory device by examining its historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to the current practice of EIA in Australia.
LAWS6044 Environmental Law and Policy

Credit points: 6 Teacher/Coordinator: Adj Prof Gerry Bates, Mr Jeff Smith Session: Int August,Int March Classes: S103 (Group A): Mar 14, 15 & 28, 29 (9-5), S108 (Group B): Aug 8, 9 & 15, 16 (9-5) Assumed knowledge: LAWS6252 or law degree from a common law jurisdiction Assessment: 5000wd essay (60%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Environmental Law students must complete LAWS6252 and this core unit prior to enrolling in other law elective units.
The aim of the unit is to introduce students to overarching themes in environmental law and policy as a foundation to their more detailed studies for the Environmental Law Program. This is an overview unit addressing a number of environmental issues at various levels of analysis; such as policy making, implementation of policy and dispute resolution. The concept of ecologically sustainable development and its implications for environmental law and policy is a continuing theme. The unit is designed to develop multi-dimensional thinking about environmental issues and the strategies needed to address them. The unit provides a broad background of the political and economic issues in so far as they are related to the legal issues involved.
LAWS6214 Goods and Services Tax Principles A

Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar, Mr Wai Choon Chan Session: Semester 1 Classes: 1x2-hr lecture/week Assumed knowledge: basic understanding of taxation law Assessment: class work/test (35%) and 2hr closed book exam (with pre-released exam questions) (65%). A research essay may be undertaken in lieu of the exam with the permission of the Unit Coordinator. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS6848 Law and Healthy Lifestyles

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Int March Classes: Intro Class: Mar 10 (6-8) then Mar 13, 14 & Apr 3, 4 (9-5) Assessment: one short response question (20%) and 6000wd essay (80%) or one short response question (20%), 3000-3500wd essay (40%) and one take-home exam question (40%) or one short response question (20%) and two 3000-3500wd essays (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for GradDipPubHL students. This unit replaced LAWS6848 New Directions in Public Health Law and Policy and may be substituted for LAWS6839 Critical Issues in Public Health Law as a core unit in the MHL.
This unit responds to growing interest in the law's response to tobacco use, obesity, poor diet, alcohol abuse and sedentary lifestyle - the leading causes of preventable disease in Australia, the United States, and increasingly, in developing economies. Cancer, heart disease, stroke, diabetes and tobacco-related diseases are society's greatest killers, but what can law do - and what should it be doing - to prevent and control them?
Although law's relationship with the behavioural risk factors for these non-communicable diseases (or NCDs) is complex and contested, governments are experimenting with a wide range of legal strategies to encourage healthier lifestyles. This unit focuses on developments in Australia and the United States, and places legal developments in these countries within an international context.
The aim of this course is to equip students with conceptual skills to think powerfully about law's role in the prevention of NCDs and their risk factors, and to participate effectively in debates about appropriate, workable, legal and regulatory interventions. Through a comparative approach that draws on legal responses to NCDs in both Australia and the United States, students will 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.
Throughout the unit, students will be encouraged to critically evaluate the success of the strategies law adopts to protect and promote public health, to explore new strategies that law might adopt, and to reflect on the tension between the public interest in protecting health, and competing interests.
Textbooks
Useful references include: Christopher Reynolds, Public and Environmental Health Law, Federation Press, 2011 [Australia focus] and Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, University of California Press, 2nd ed, 2008 [US focus]
LAWS6313 Law of Not-for-Profits

Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: structured class participation (25%) and 7500wd essay (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening
The objectives of this unit are to introduce students to the fundamental legal issues raised by the unique status of not-for-profit (NFP) entities. The two basic themes of the unit are the regulation of NFP entities (currently, pursuant to the income tax laws) and the governance of NFP entities (generally a matter for state corporations and other law). This unit will be run in a seminar style.
LAWS6864 New Tech, Risk and Environmental Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Prof Johannes Somsen Session: Int Sept Classes: Sep 10-13 (9-5) Assessment: class participation (20%), 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6864 Genetically Modified Organisms & the Environment.
The objective of this unit of study is to assess the regulation of new technologies from a risk regulation and Environmental Law perspective. Key questions that are elaborated include: What is regulation, who are the regulators and who are the regulatees?; what is the ideal-type of regulatory environment?; how do regulators engage with risk?: the precautionary principle; how are ideas of the possibility of impending catastrophe likely to affect the balance between legitimacy and effectiveness? Ethical and human rights principles are also discussed. The technologies analysed include GMOs, chemicals and geoengineering. A comparative analysis of how these technologies are regulated in the European Union, the United States and Australia is included.
LAWS6191 Water Law and Climate Change

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Int November Classes: Oct 24, 25 & 31 & Nov 1 (9-5) Assessment: class participation (20%) and 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6191 Water Law
This unit of study situates the management of Australia's water resources within an International Law context including the United Nations Framework Convention on Climate Change, International Water Law principles and an internationally recognised human right to water. The unit examines the ecologically sustainable management of water resources in the context of climate change, with Australia being the driest inhabited continent. According to the Garnaut Climate Change Review, climate change could halve the productive capacity of the Murray Darling Basin, which produces one third of Australia's food supply, by 2050. In May 2012, the Murray Darling Basin Authority released the controversial Draft Basin Plan which proposes to allocate more water for the environment. At the same time, the Council of Australian Governments is pursuing a decade long process of water reform to establish a national water trading market by 2014. Consequently, the unit examines water resource management from the interdisciplinary perspectives of law, science and within the context of broader economic reform and the National Competition Policy framework. The corporatisation of water utilities and competition in the water service market is also discussed. Key legislation covered are the Water Act 2007 (Cth) and the Water Management Act 2000 (NSW).

Part 3- Jurisprudence Units of Study

Candidates must complete a minimum of 6 Credit Points from Part 3 to satisfy the Jurisprudence requirement.
LAWS5136 International/Comparative Jurisprudence

Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Semester 1,Summer Late Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: JURS3006, LAWS3436 Assessment: 1,000-2,000wd research plan (40%) and 3,750-5,000wd research paper (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Semester 1
Note: Satisfies the Jurisprudence requirement of the JD
This unit of study will introduce the student to a basic understanding of the variability of law as a function of the variability of the social context in which it operates. By applying comparativist theory and empirical methodology from different perspectives, the unit will prepare the ground for an appreciation of the operation of society's law in the complex historical setting of different cultural systems, nation states, multicultural societies and on the international level.
LAWS5147 Law and Economics

Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Semester 2 Classes: 2 x 2hr seminars/week for 10 weeks Prohibitions: LAWS3036, LAWS3447 Assessment: 1000wd essay (15%) and 1000wd essay (15%) and class participation (10%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Jurisprudence requirement of the JD.
The aim of the unit of study is to provide an understanding of the economic analysis of law and to clarify fundamental differences between legal argument and the analysis of public policy. The unit defines the role of government within the framework of welfare economics and examines the social and economic effects of legal regimes within that framework. Particular attention is given to the concept of a competitive market, to the available empirical evidence on market failure, and to the need for government intervention in response to market failure and its negative consequences for social justice. Topics covered include: theoretical concepts of social justice, social insurance; monopoly and environmental regulation; economics of property and contract law; labour law and bargaining power; tort rights and remedies; asymmetric information, adverse selection and moral hazard with applications to medical malpractice; agency, corporate governance and bankruptcy; family law; taxation; and the measurement of inequality.
LAWS5150 Legal Geographies

Credit points: 6 Teacher/Coordinator: Assoc Prof Fleur Johns Session: Semester 2 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: LAWS5005, LAWS5011, LAWS5008 Prohibitions: LAWS3450, LAWS3327 Assessment: class presentation (20%), 6000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This satisfies the Jurisprudence/Part 3 requirement of the JD.
This unit of study explores the role that law plays in the shaping of physical and conceptual space, as well as the impact that spatial motifs and ideas have on legal reasoning and decision-making. Examining international, comparative and Australian law materials alongside innovative cross-disciplinary research, students will consider how, and with what implications, laws spatially demarcate the nation state, the city, and the home, as well as various spaces of expertise and specialised practice (such as the court, the detention facility, and the university). At the same time, students will consider how spatial frames of thought inform our understanding and regulation of a range of social and political phenomena, such as property ownership, vagrancy/homelessness, migration and freedom/unfreedom. The questions to which this unit will repeatedly return are twofold: (1) how is law implicated in our understandings of space; and (2) how do these understandings, in turn, inform the development and interpretation of our laws?
LAWS5154 Philosophy of Law

Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Semester 2,Winter L1 Classes: Sydney stream: 2x2hr seminars/wk for 10 weeks. Berlin stream: taught intensively at Humboldt university over five full days from 17 - 23 July 2014. Prohibitions: LAWS3459, LAWS3454 Assessment: Class participation, including short reaction notes about class readings (40%) and 5000wd take-home exam (2 questions, 3 days) (60%). tbc. Campus: Germany Mode of delivery: Block Mode
Note: Department permission required for enrolmentin the following sessions:Winter L1
Note: This unit satisfies the Jurisprudence requirement of the JD. This unit satisfies the Jurisprudence/Part 2 requirement of the LLB. Enrolment in the Berlin stream is by application to the Law School.
This unit of study will introduce the fundamental notions of jurisprudence understood as a theory about the aims, functions and values of law and legal system. It will aim to provide students with the critical understanding of the central issues in philosophy of law understood as a general, abstract, normative reflection on law as such rather than an examination of a concrete legal system. Nevertheless, the purpose will be to provide students with the conceptual means allowing them to conduct a critical scrutiny of particular legal systems and legal rules with which they are familiar. The course will consider, in particular (1) the notions of legitimacy, validity and authority of law; (2) the idea of rights and the nature of the rights discourse; (3) the justifications and limits of liberty rights; (4) the concept of justice, as applied to law, (5) the sources and limits of our obligation to obey the law, etc.
LAWS5175 Philosophy of International Law

Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Semester 1 Classes: 2x2hr seminars/wk Prohibitions: LAWS3475 Assessment: class participation (20%), 1500wd mid-semester report (20%), and 4000wd final essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Jurisprudence/Part 3 requirement of the JD
This course examines and evaluates traditional theories of law through the lens of their deployment in the changing context of world society and global governance. It has been supposed that there is no difference in kind between the law internal to a state, and that which exists in the global arena. But the rapid development of norms and institutions used in global governance over the last half century has cast doubt on this assumption. The course surveys leading theories of law and attempt to apply them to the vast and evolving array of international law-related activity. Topics include the nature and role of customary law, enforcement and compliance, transnational authority, 'hard' and 'soft' law, human rights, and international responsibility, among others.
LAWS5162 Sociological Theories of Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: JURS3001, LAWS3462 Assessment: 1,000-2,000wd research note (40%) and 3,750-5,000wd research paper (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Satisfies the Jurisprudence/Part 3 requirement of the JD.
The unit of study will introduce the student to the basic concepts of sociological theory and methodology and will show how these concepts can be applied to the observation of the functioning of law. On the basis of such a primary understanding of how societies organise themselves and their law it will become possible for the student to appreciate and evaluate critically the efforts of socio-legal research and the conceptions of some major contributors to the sociological theory of law. The first part of this unit will look at what sociological theory and research can offer today in the description of social life, the explanation of how societies are organised, why people do what they do. Elementary sociological concepts like norm, role, group, power, class, social structure and social system will be related to the operation of the law. Concepts like these provide the tools which make it possible to examine and study systematically and carefully the social organisation and structure of legal systems, the operation and the social environments in which and in relation to which they are operating.
LAWS5195 The Rule of Law and its Value

Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Semester 2 Classes: 2x2hr seminars/wk Prohibitions: LAWS3495 Assessment: Class participation (20%), 1500wd mid-semester report (20%), and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfied the Jurisprudence requirement of the JD.
This course will explore the nature and value of the rule of law through a critical examination of classical and contemporary writings in jurisprudence. Among the problems we will consider are: What features of a legal system contribute to bringing about the rule of law? What is 'legality'? What is the relationship between the rule of law and the rule of good law? Is it always a virtue, other things being equal, to apply valid legal rules? How far is the rule of law consistent with the indeterminacy of law or with discretionary decision-making? Is the rule of law an 'unqualified human good'? Why is it good? Should the rule of law ever be sacrificed for the sake of other goods? What does the World Justice Project Rule of Law Index measure? Is it defensible from a jurisprudential point of view, and useful in determining the nature and value of the rule of law? Readings will include historical sources from the ancient Greek and early modern periods, contemporary essays in legal, moral, and political theory, and other primary legal sources.
LAWS5169 Theories of Law

Credit points: 6 Teacher/Coordinator: Dr Kevin Walton Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3089, LAWS3469 Assessment: Class-participation (20%) and 1500wd report (20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Jurisprudence/Part 3 requirement of the JD.
This unit seeks to facilitate critical reflection on prominent responses of both philosophers and sociologists to a single question: what is law? Among the notions to which their answers refer (and on which the unit focuses) are power, class, patriarchy, norms, rules, authority, principles, convention, morality, solidarity, discourse, adjudication and interpretation.
LAWS5168 Theories of Justice

Credit points: 6 Teacher/Coordinator: Dr Kevin Walton Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3077, LAWS3468 Assessment: Class-participation (20%) and 1500wd report (20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Juriprudence/Part 3 requirement of the JD.
This unit of study aims to provide students with a critical understanding of contemporary philosophical debates about justice. The unit focuses on liberal conceptions of justice and critiques thereof. It examines various moral values in terms of which the law might be assessed. The moral values that it considers include liberty, community, utility, fairness and equality. Among the themes that it explores are the limits of and connections between these ideals, the prospects for their realisation in contemporary societies as well as the politics with which each is associated.
LAWS5170 Theories of Legal Reasoning

Credit points: 6 Teacher/Coordinator: Dr Kevin Walton Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3083, LAWS3470 Assessment: Class-participation (20%) and 1500wd report (20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Jurisprudence/Part 3 requirement of the JD.
This unit of study explores the nature of legal argumentation from a philosophical perspective. With reference to various theories, it examines the process from which legal conclusions result. The main theme is the relationship between legal and other forms of decision-making. What, if anything, is distinctive about legal rationality? How, if at all, does legal reasoning differ from other forms of argumentation? Topics for discussion include the role of morality in legal decision-making, the politics of legal reasoning, rules and their application, the nature of legal principles, the practice of interpretation and the objectivity of legal decisions.
LAWS5171 Theories of Conscientious Obedience

Credit points: 6 Teacher/Coordinator: Dr Kevin Walton Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3471 Assessment: Class-participation (20%) and 1500wd report (20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Jurisprudence/Part 3 requirement of the JD.
This unit asks whether obedience to legal norms is required by morality. It examines various arguments for a moral obligation to obey the law.

Part 3- Masters Level Electives (Jurisprudence)

JURS6018 Constitutional Theory

Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Int August Classes: Aug 8, 9 & 22, 23 (9-5) Assessment: class participation (20%), oral presentation (20%) and 4500wd essay (60%) or 2 x oral presentations (20% each) and 3000wd essay (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will address the role that constitutionalism is expected to play in a democratic state, and will explore various constitutional theories. The main focus will be on theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation: Is it paradoxical that a state governed by majority rules withdraws certain areas from collective decision-making? Various theories of constitutionalism, of constitutional interpretation, and of constitutional judicial review will be explored. The unit will also discuss the question of constitutional charters of rights, different models of judicial review, separation of powers, direct democracy and the functions of constitutions in transitions to democratic systems. The unit will follow a seminar format with the emphasis on class discussion of unit materials. First two days (8 and 9 August) will be focused on the instructor's lectures while two remaining days (22 and 23 August) on students' presentations.
LAWS6187 Functional Analysis of Law & Soc Control

Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: 7000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit replaced LAWS6187 Aspects of Law and Social Control.
This unit examines the largely diffuse concepts of social control and the functions of law and proposes a more specific approach to legal theory which incorporates the latest findings of socio-legal research on the social effects of law. As a result of this discussion, a more specific concept of social control and an explanatory assessment of the social effects of law, including its political use, are presented with their theoretical implications for legal and political systems and applied, as examples, to historically and societally varied situations.
LAWS6836 Precedent, Interpretation & Probability

Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Birch Session: Semester 2 Classes: 1x2-hr lecture/week Prohibitions: JURS6028, JURS6029 Assessment: 7500wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit will examine a number of contemporary debates regarding the nature of legal reasoning. The unit will examine the status of the modern doctrine of precedent and the current state of the Hart/Dworkin/Fish debate in regard to the nature of precedential reasoning. The unit will examine contemporary semantic theory and philosophy of language, and the contribution those fields can make to a proper understanding of the interpretation of legal texts. The unit will also examine the relationship between legal reasoning and moral reasoning and the new legal positivism of writers such as Goldsworthy and Shapiro. In a final segment, the unit will examine legal reasoning in regard to matters of fact, and the current debate as to whether legal fact finding can be modelled using Bayes' theorem and probability theory.
LAWS6316 Theories of the Judiciary

Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: class presentation (20%) and 7500wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening
The judge has long been an important legal actor in common law countries, but over the past several decades, there has been a rise in judicial power globally, with the proliferation of constitutional courts and the strengthening of judiciaries in countries around the world. This seminar will consider views in jurisprudence which examines the judge, the activity of judging, and the proper role of the judiciary within a legal system and a just society more generally. Among the goals of the seminar are to determine the nature of judicial obligation, how judges ought to decide cases, the arguments for and against judicial review, the role of the judiciary in establishing and maintaining the rule of law, and the relation between the business of courts, politics, and morality.

Faculty of Law 2014 Postgraduate Units of Study

LAWS6011 Administrative Law

Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Int March Classes: Feb 28 & Mar 1 & 28, 29 Assumed knowledge: MALP and Environmental Law students must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System (core) before undertaking this unit. Assessment: 7500wd essay or 2 x 3750wd essays (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for MALP students.
The aim of the unit is to develop a critical perspective upon the accountability of government decision-makers. The unit examines theoretical frameworks for analysis of a range of issues concerning accountability, with reference to relevant principles of administrative law. Part 1 of the unit examines the concept of administrative discretion, alternative theories of the rule of law, human rights, ethics and managerialism. Part 2 of the unit is concerned with the accountability of the executive branch of government. It includes analysis of separation of powers and the doctrine of ministerial responsibility, merits review tribunals, investigative tribunals and tribunal procedure. Part 3 of the unit examines theories of participatory democracy, with reference to relevant legal principles drawn from procedural fairness, rules of standing and consultation requirements in rule making. Part 4 examines theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation. Part 5 examines the proper scope of administrative law by discussion of the issue of its extension to government business enterprises which are corporatised, privatised or contracted out.
LAWS6310 Advanced Competition Law

Credit points: 6 Teacher/Coordinator: Mr David Howarth (Coordinator), Adj Prof Chris Hodgekiss, Prof Brent Fisse Session: Semester 2 Classes: 1x2-hr lecture/week Prerequisites: LAWS6838 Competition Law unless exempt by the Unit Coordinator upon demonstration of knowledge equivalent to that covered by LAWS6838 Assessment: 2500wd short paper (20%) and 7500wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit is intended for students who have completed the postgraduate unit LAWS6838 Competition Law or are able to demonstrate that they have an equivalent level of pre-existing knowledge.
The unit studies some more advanced topics in Competition Law under the Competition and Consumer Act 2010.
Topics include the concept of public benefit, remedies for contraventions of part IV (calculation of damages, penalties, injunctions and undertakings), competition litigation (lay and expert evidence), exceptions and defences (including joint venture exceptions, intellectual property exceptions and notifications and authorisations), cartel conduct (including elements of liability, denial of liability and key procedural and evidential issues), access regulation under Part IIIA (price setting and dispute resolution), regulation of access and anticompetitive conduct in telecommunications.
LAWS6014 Advanced Financing Techniques

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill (Coordinator) Session: Semester 2 Classes: 1x2-hr lecture/week Assumed knowledge: LAWS6038 or LAWS6046 or law degree with good background in Australian corporate law Assessment: class presentations (2x20%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit deals with commonly used commercial structures and techniques for large financings. The unit also examines the use of these structures and techniques in a range of commercial settings, such as takeovers and public/private infrastructures, and in the international context. It is an advanced unit, which assumes a good general knowledge of Australian corporate law and corporate finance. Particular topics covered include: loan syndication; domestic and off-shore capital markets; lending to a trust; takeover finance; derivatives; public/private infrastructure finance; project finance; listed property trusts; documentation in advanced financing transactions. The unit is taught by a team of legal experts with extensive experience in financing techniques.
LAWS6947 Advanced Obligations and Remedies

Credit points: 6 Teacher/Coordinator: Prof Elisabeth Peden Session: Int July Classes: Jul 7, 8 & 10, 11. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml Assumed knowledge: undergraduate law degree Assessment: class participation (30%) and take-home exam or 5000wd essay (70%) Campus: United Kingdom Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size.
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.
LAWS6856 Anti-Terrorism Law

Credit points: 6 Teacher/Coordinator: Prof Ben Saul Session: Int August Classes: Aug 1, 2 & 8, 9 (9-5) Prohibitions: CISS6011 Assessment: 6000wd essay (70%), take-home exam (30%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6856 Terrorism & Counterterrorism Policy and Law.
This unit aims to introduce you to the diverse range of anti-terrorism laws and policies which have developed at the international, regional and domestic levels, and which proliferated after the terrorist attacks of 11 September 2001. Laws will be evaluated in the light of their profound and complex political, ideological and ethical implications for political order, legal systems, human rights, and international relations. In essence, the study of terrorism (and the law's response to it) is the study of the timeless philosophical question of when political violence is justified, against whom, and for what purposes - whether it is 'freedom fighters', or 'State terrorism', that is at issue.
LAWS6209 Australian International Taxation

Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Int March Classes: Mar 19-21 & 24, 25 (9-3.30) Assessment: Assessment: in-class assessment (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Australian International Taxation is a detailed study of the fundamental principles of Australia's international taxation regime as it applies to cross-border business and investment transactions. The unit focuses on corporate residence, source, non-resident withholding tax, relief from international double taxation, CFCs, transferor trusts, proposed new Foreign Accumulation Fund ("FAF") regime and repealed FIF rules, transfer pricing and thin capitalisation. The unit will examine both the issues of international tax rule design and policy, and the relevant provisions in the legislation, cases and rulings. The unit deals only with international tax rules in Australia's domestic law with double tax treaties covered in the companion unit Tax Treaties. Students should gain an understanding of the policies underlying Australia's rules for taxing international transactions, as well as a detailed knowledge of the foundation principles of law applicable to the taxation of inbound and outbound transactions.
LAWS6165 Biodiversity Law

Credit points: 6 Teacher/Coordinator: Adj Prof Hon Brian Preston, Ms Judith Preston Session: Int April Classes: Apr 14-16 (classes held at the Law School) & Apr 22-25 (field trip) Assessment: 8000wd essay (100%) Practical field work: field trip Campus: Camperdown/Darlington Mode of delivery: Block Mode
The unit takes an interdisciplinary approach to the conservation of biodiversity. Key concepts in ecology are explained to provide a foundation for the legal framework. This framework is examined at international, national, and state levels, in terms of conventions and legislation, as well as policy and organisations. The legal framework is explored both by analysing the proper purpose, scope and effect of the laws, as well as how they work in practice. The latter is achieved by lectures and field exercises assisted by officers of government agencies, including State Forests, the National Parks and Wildlife Service and the Department of Infrastructure, Planning and Natural Resources. An integral component of the unit is a field trip to areas of relevance to biodiversity conservation, focusing on northern New South Wales. Areas to be studied include habitats of threatened species and ecological communities and World Heritage areas listed under the relevant Commonwealth and State legislation. Field studies provide a unique opportunity to understand how principles of international and domestic law are implemented locally. The field trip component will be arranged in conjunction with the field trip for LAWS6055 Heritage Law (if offered). Students are encouraged to take both units of study; they are designed to complement each other closely.
Textbooks
field trip manual will be prepared and distributed
LAWS6169 Capital Gains Tax

Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Int June Classes: May 28-30 & Jun 2, 3 (9-3.30) Assessment: in-class assessment (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Most matters handled by legal and accounting professionals have Capital Gains Tax ("CGT") implications - ranging from a simple conveyance or will, to a real estate development or litigation settlement. CGT is a major issue for all taxpayers and their advisors because the pervasive reach of the CGT provisions means that even straightforward commercial and domestic transactions often give rise to complex CGT issues. This unit examines the basic structure and core concepts of the CGT, and the specialist provisions that apply in a range of commercial and non-commercial contexts, such as the formation and sale of a business, conveyancing and property development, commercial and family litigation, and the settlement and administration of trusts.
LAWS6936 Carbon Trading, Derivatives and Taxation

Credit points: 6 Teacher/Coordinator: Prof R Lyster (Coordinator), Ms Celeste Black, Assoc Prof Tim Stephens Session: Int May Classes: May 14-17 (9-5) Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit of study is designed to appeal to students across a broad range of postgraduate programs and expands on existing offerings in the area of Climate Law. The unit will cover four discrete topics on each day of the four day intensive: International Climate Law (UN Framework Convention on Climate Change, Kyoto Protocol, post-2012 negotiations) and domestic Climate Law (measures effecting a price on carbon and other relevant environmental markets); understanding how to trade carbon and other certificates on a variety of environmental markets; understanding the relevant carbon and other derivative markets; and understanding the taxation implications of participating in carbon and other environmental markets. The unit assumes a basic knowledge of environmental law. The unit brings together experts within the Sydney Law School, including environmental and taxation lawyers, and experts in carbon trading and derivative markets in private practice.
LAWS6105 Child Sexual Abuse: Diverse Perspectives

Credit points: 6 Teacher/Coordinator: A/Prof Rita Shackel, Assoc Prof Judith Cashmore Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: 6000wd essay (70%) and take-home exam (30%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening
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.
LAWS6091 Chinese International Taxation

Credit points: 6 Teacher/Coordinator: Prof Jinyan Li Session: Int May Classes: May 7-9 & 12, 13 (9-3.30) Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: The unit is available to students who have successfully completed either one undergraduate unit of study in tax law or one unit of study in a postgraduate tax program.
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.
LAWS6001 Chinese Laws and Chinese Legal Systems

Credit points: 12 Teacher/Coordinator: Prof Vivienne Bath (Coordinator) Session: Int November Classes: Nov 24 to Dec 12 (TBA) Prohibitions: LAWS6857, LAWS3068, LAWS5368 Assumed knowledge: LAWS6252 or law degree from a common or civil law jurisdiction Assessment: 2hr exam to be completed in Shanghai (30%) and 8000wd essay (70%) due in February Practical field work: field school in Shanghai, China Campus: Shanghai Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Note: This unit is not available to students who have completed a law degree in the People's Republic of China. Students must register their attendance before enrolling. Master of Law and International Development students may undertake this unit as an elective or capstone unit conditional on (i) students must write an essay that focuses on a development topic and (ii) that topic being pre-approved by the Unit Coordinator. To register, please visit the Shanghai Winter School website http://sydney.edu.au/law/cstudent/shanghai/ Registration enquiries law.offshore@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
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; environmental law; contract law; property law; company law; intellectual property law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law. The coursework component of the unit is residential and is conducted on the campus of the East China University of Politics & Law in Shanghai, People's Republic of China. Lectures will be given in English in Shanghai by professors from the East China University of Politics & Law. There will also be a visit to a Chinese law firm.
LAWS6320 Climate Disaster Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Assoc Prof T Stephens, Prof Kurt Deketelaere Session: Int July Classes: Jul 7, 8 & 10, 11. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml Assessment: 8000-10,000wd essay (100%) Campus: United Kingdom Mode of delivery: Block Mode
Note: Department permission required for enrolment
Recent extreme weather events and disasters around the world have resulted in loss of life, property, infrastructure and livelihoods and have severely disrupted the normal functioning of the societies which they have impacted. Worldwide insured losses alone from weather-related disasters have risen from US$5.1 billion per year between 1970-1989 to US$27 billion annually over the past two decades. International climate change negotiations have, over the past five years, delivered outcomes that are entirely inadequate to meet the goal set by the Parties to the United Nations Framework Convention on Climate Change of keeping the rise in average global temperatures below 2 degrees C above pre-industrial temperatures. This unit of study adopts a climate justice approach to assess the respective roles and responsibilities of government and insurers to avoid, prepare for, respond to, recover from, and compensate for, the risks of climate disasters. The questions of avoidance and recovery will rely heavily on traditional Environmental Law mechanisms such as environmental planning and assessment and pollution and waste regimes, as well as the protection of biodiversity. The unit will also assess the viability of tort law and strict liability regimes for hazardous activities to compensate those who are impacted by climate disasters. The strict liability regimes include: global oil pollution spills, hazardous chemicals, asbestos and nuclear disasters. The unit will be taught by an esteemed international team of climate lawyers and individuals with experience in the insurance industry.
The objectives of this unit of study are to: Understand the science presented in two recent scientific reports, the Intergovernmental Panel on Climate Change's 2012 Special Report Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation (SREX), published in 2012, and the Australian Climate Commission's (CCC) 2013 The Critical Decade: Extreme Weather, (Extreme Weather Report, Understand the foundations of climate justice in the context of climate disasters, Understand the relevance of the United Nations Framework Convention on Climate Change, including the loss and damage mechanism, and the Hyogo Framework for Action 2005-2015: Building the Resilience of Nations and Communities to Disasters, The role of governments in enacting climate disaster risk reduction laws including: The role of Environmental and Planning Assessment Law and Building Codes in attempting to prevent climate disasters, Pollution, waste and contamination laws in the post-disaster phases, Biodiversity Law that is expected to protect species from the impacts of climate change and disasters, as well as promote ecosystems as disaster prevention measures, Governance arrangements between levels of government during and post the disaster, Compensatory regimes including those provided by government and the private sector through ex-post disaster relief, insurance and the capital markets; and The strengths and weaknesses of tort and strict liability regimes for compensating the victims of disaster.
LAWS6314 Coastal and Marine Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Tim Stephens Session: Int October Classes: Oct 10, 11 & 17, 18 (9-5) Assessment: 4000wd essay (40%) and take-home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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, and the management of climate change impacts on coastal and marine areas.
Textbooks
Rachel Baird and Donald R Rothwell (eds), Australian Coastal and Marine Law (Federation Press, 2011)
LAWS6824 Commercial Conflict of Laws

Credit points: 6 Teacher/Coordinator: Adj Prof Andrew Bell, Adj Prof Donald Robertson Session: Int May Classes: May 16, 17 & 30, 31 (9-5) Prohibitions: LAWS6884 Assumed knowledge: undergraduate law degree Assessment: class participation/case study (20%) and 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6824 Transnational Commercial Litigation and has a restricted class size
The unit, taught by two experienced commercial litigators (Andrew Bell SC of the Sydney Bar and Don Robertson of Herbert Smith Freehills), will focus on commercial disputes with a transnational dimension and explore both the law and strategic considerations involved in jockeying for forum: why it can matter, how it is done and how it can be resisted. This will involve a consideration of the jurisdictional rules for bringing proceedings in Australia against foreign defendants; the law relating to obtaining temporary and permanent stays of proceedings both on forum non conveniens grounds and by reference to exclusive jurisdiction and arbitration agreements; the role of anti-suit injunctions and negative declarations and some consideration of the enforcement of foreign judgments. Ancillary practical issues of great importance which are also considered include incoming and outgoing letters of request, the taking of evidence by video link, the role and proof of foreign law, foreign state immunity and provisional measures such as transnational freezing orders. The unit has a strong practical bent and is particularly designed for those engaged or wanting to become engaged in commercial litigation and arbitration with a transnational dimension.
Textbooks
Davies, Bell and Brereton Nygh's Conflict of Laws in Australia 8th ed., 2010
LAWS6188 Commercial Equity Litigation

Credit points: 6 Teacher/Coordinator: Assoc Prof Lee Aitken Session: Int February Classes: Feb 18, 19 & 25, 26 (9-5) Assumed knowledge: students should have a working knowledge of the law of property and equity and some familiarity with litigation would be useful but not essential Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6188 Commercial Equity.
Topics to be covered include: The nature of equitable relief (including the history of equity), and the scope of equitable intervention in commercial dealings; the distinction between the exclusive, concurrent and auxiliary jurisdictions in equity; equitable set-off and the common injunction as a case study; The maxims of equity and their effect on the grant of equitable relief = "unclean hands", "delay", "the requirement to do equity", "substance not form", "waiver and election"; time conditions in equity; Equity and security enforcement - the equitable charge; charging clauses; caveats and caveatable interests; mortgages and mortgage enforcement; the equity of redemption and foreclosure; the rule in Harvey v McWatters and Inglis v CBA and "payment in"; tacking and the rule in Hopkinson v Rolt; the receiver in equity; equitable execution; ne exeat colonia and injunctions - insolvency remedies in relation to absconding debtors; equity and the "theft principle" in transnational fraud; Equity and confidence - Prince Jefri Bolkiah; legal practice and conflict of interest; restraining the departing employee from misuse of confidential information; Equity and trust litigation - the Beddoes order; trustee summons for directions; rights of indemnity and exoneration; removing the trustee and the role of the protector in discretionary trusts; Equity and property dealings - part performance in equity; sections 54A and 23C of the Conveyancing Act; the relief against forfeiture of a lease and an option - sections 129 and 133E Conveyancing Act; operating and finance leases; section 66G and other applications in relation to co-ownership; Litigating in equity; hearings before the Duty Judge, and the Expedition Judge - jurisdiction and discretion - the Commercial List - and the Commercial List summons; preparation of evidence and affidavits; Remedies in equity - injunctions (including mandatory injunctions); specific performance, declarations; Anton Piller relief; Banker's Trust v Shapira; Mareva relief (preservation orders); the undertaking as to damages; equitable remedies in administrative law and federal jurisdiction; cognate relief under other legislation; and Choice of law in equitable disputes.
LAWS6900 Comparative Admiralty and Maritime Law

Credit points: 6 Teacher/Coordinator: Adj Prof James Allsop, Mr Drew James, Mr Peter McQueen Session: Int Sept Classes: Sep 19, 20 & 26, 27 (9-5) Assumed knowledge: undergraduate law degree is preferable but knowledge gained from work in shipping or related fields will be sufficient Assessment: 3500wd essay (35%) and 2.5hr exam (65%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The unit is designed to complement the separate (though non-requisite) unit, LAWS6849 Commercial Maritime Law, which is focused upon the commercial use of the ship, carriage by sea and the shipping industry. This unit, LAWS6900 Comparative Admiralty and Maritime Law, is designed to provide a thorough foundation of comparative knowledge of Admiralty practice in the major trading jurisdictions, of marine insurance in all its forms and dispute resolution and conflict of laws in relation to maritime disputes. Though Commercial Maritime Law is not a pre-requisite, the two units (which will be taught in alternative years) together provide a comprehensive foundation in commercial maritime law and practice.
Textbooks
Davies, M and Dickey, A, Shipping Law (3rd Ed)
LAWS6153 Comparative Corporate Taxation

Credit points: 6 Teacher/Coordinator: Dr Peter Harris Session: Int April Classes: Mar 26-28 & 31 & Apr 1 (9-3.30) Assessment: 2hr exam or 7000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system - they must grapple with and question the operation of other corporate tax systems. This unit seeks to develop an ability to understand and analyze any corporate tax system and assess its impact on corporate decision making. With a dedicated textbook (written by the presenter), it does this by comparing a number of influential and archetypal corporate tax systems (both common law and civil law) and assessing their behaviour in the context of a number of practical problems. For tax professionals, the unit develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals. Topics include: corporate entities and hybrids, groups, interface with accounting, service companies, debt vs. equity, dividend relief, cross-border issues, incorporation, takeovers, trading in loss companies, share buy-backs, liquidation, bonus issues, convertible notes, mergers and demergers.
LAWS6128 Comparative International Taxation

Credit points: 6 Teacher/Coordinator: Prof Tim Edgar Session: Int August Classes: Aug 6-8 & 11, 12 (9-3.30) Assessment: 7000wd essay or take-home exam (100%) Campus: Sydney Mode of delivery: Block Mode
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.
LAWS6838 Competition Law

Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Hodgekiss Session: Semester 1 Classes: 1x2-hr lecture/week Assumed knowledge: undergraduate law degree or have completed LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit Assessment: 2900-3100wd essay (33.33%) and 2hr 15min open book exam (66.67%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The content of this unit of study will be the following topics: Economic Theory of Competition Law; the Concepts of competition, market definition, market power, substantial lessening of competition and public benefit; Section 4D Exclusionary Provisions; Part IV: Cartels - Civil and Criminal Prohibitions; Section 45 Contracts, Arrangements and Understandings; Section 46 Misuse of Market Power; Section 47 Exclusive Dealing; Section 48 Resale Price Maintenance; Section 50 Mergers; Part IIIA Access to Services; Part VI Remedies and Enforcement; Part VII Authorisations and Notifications. The intended outcomes for students who successfully complete this unit are that they will have a firm grasp of the operation of the competition law provisions of the Competition and Consumer Act 2010.
Textbooks
Corones, Stephen G: Competition Law in Australia (fifth ed 2010, LBC, Thomson Reuters); Miller, Russell V Australian Competition and Consumer Law Annotated (thirty-third ed, 2011, LBC, Thomson Reuters; Clarke, Philip, Corones, Stephen and Clarke Julie: Competition law and policy : cases and materials (3rd ed) OUP 2011
LAWS6264 Compliance: Financial Services Industry

Credit points: 6 Teacher/Coordinator: Adj Prof Kevin Lewis Session: Semester 2 Classes: 1x2-hr lecture/week Assumed knowledge: A good general grasp of legal and equitable principles, including the common law, and a basic knowledge of undergraduate law units. The unit is open not only to students in the LLM program, but also to lawyers, regulatory staff or compliance professionals. It is not necessary that the latter hold a law degree in order to participate in the unit, but they should understand that the unit is being taught as part of a law program at postgraduate level. They may find it preferable therefore to audit the unit on a non-assessed basis, rather than participate on an assessed basis. Assessment: assignment (40%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit will examine in detail the legal and regulatory requirements relevant to the financial services industry, and how the risk of breaching those requirements can be managed by compliance systems. It will focus not only on legal theory but also on the practical day to day business issues involved with compliance.
The unit is divided into two parts: (a) Core compliance issues: licensing of financial service providers; compliance systems; insider trading and Chinese walls; market conduct rules; shareholding restrictions; trade practices; anti-money laundering, counter-terrorism financing and other measures to combat crime; retail customer obligations; marketing financial products; client money rules; privacy; fiduciary duties and conflicts of interest; confidentiality; phone taping; and investigating compliance breaches (including reporting obligations and HR issues); and (b) Specialist compliance issues relevant to: managed investments; deposit products, non cash payment facilities; credit facilities, stockbroking; derivatives; warrants; foreign exchange; futures broking; financial planning; margin lending; insurance and insurance broking; superannuation and retirement savings accounts.
JURS6018 Constitutional Theory

Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Int August Classes: Aug 8, 9 & 22, 23 (9-5) Assessment: class participation (20%), oral presentation (20%) and 4500wd essay (60%) or 2 x oral presentations (20% each) and 3000wd essay (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will address the role that constitutionalism is expected to play in a democratic state, and will explore various constitutional theories. The main focus will be on theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation: Is it paradoxical that a state governed by majority rules withdraws certain areas from collective decision-making? Various theories of constitutionalism, of constitutional interpretation, and of constitutional judicial review will be explored. The unit will also discuss the question of constitutional charters of rights, different models of judicial review, separation of powers, direct democracy and the functions of constitutions in transitions to democratic systems. The unit will follow a seminar format with the emphasis on class discussion of unit materials. First two days (8 and 9 August) will be focused on the instructor's lectures while two remaining days (22 and 23 August) on students' presentations.
LAWS6227 Consumer Contracts and Product Defects

Credit points: 6 Teacher/Coordinator: Dr Jocelyn Kellam Session: Int May Classes: May 2, 3 & 10, 12 (9-5) Prohibitions: LAWS6024, LAWS6025 Assessment: 4000wd essay (40%) and take-home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6227 Consumer Protection Law: Liability of Suppliers to Consumers.
This unit examines recent developments granting special legal protection to consumers, from historical, comparative, policy and practical perspectives. It focuses on aspects of the liability of suppliers of goods and services to consumers, sometimes called 'post-sale' consumer protection. The unit assesses the effectiveness of recent legislation in this field, comparing relevant European Community directives and related developments in the Asia-Pacific (eg Japan, New Zealand and the US). The topics to be covered are: Introduction (the 'consumer' concept and some policy factors leading to consumer protection developments); Outline of terms implied in contracts for the supply of goods and services to consumers; Judicial and legislative control of exclusion clauses; Unconscionable and unfair contracts (control under the general law and by statute); The liability of manufacturers for defective products under: the general law; statutory liability of manufacturers to consumers and strict products liability (under the Australian Consumer Law, with special reference to the similar EC directive on products liability); Product safety regulation (also with reference to the EC directive on general consumer product safety); Consumer access to redress (especially class actions).
Textbooks
Justin Malbon and Luke Nottage (eds) Consumer Law and Policy in Australia and New Zealand (Sydney, Federation Press, 2013)
LAWS6250 Controlling Liability by Contract

Credit points: 6 Teacher/Coordinator: Prof John Carter, Dr Wayne Courtney Session: Semester 2 Classes: 1x2-hr lecture/week Assumed knowledge: undergraduate law degree Assessment: compulsory essay (25%) and exam or essay (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit brings together the doctrinal, theoretical and practical issues raised by contract risk management, especially the control of liability for breach of contract and negligence. The unit will consider: categories of risk; drafting options; protection of third parties; statutory control of risk management devices, including the Trade Practices Act 1974 (Cth); contract drafting and management issues. The drafting options which are considered include the use of exclusion clauses, indemnity provisions and force majeure clauses. The operation of these types of clauses, and the relevant common law and statutory rules, will be considered in the context of various types of contracts, but with particular emphasis on contracts for the provision of services and sale of goods. One particular feature of the course is a consideration of the operation of the privity rule in the context of risk management. Thus, issues such as the protection of related bodies corporate and the liability of agents and sub-contractors are dealt with in some detail.
LAWS6160 Copyright and Copyright Industries

Credit points: 6 Teacher/Coordinator: Assoc Prof Kimberlee Weatherall Session: Int Sept Classes: Aug 29, 30 & Sep 12, 13 (9-5) Assumed knowledge: Undergraduate law degree. Completion of LAWS6873 Principles of Intellectual Property or undergraduate study in IP will be an advantage. Students who do not have a background in copyright or IP will be provided with additional preparatory reading. Assessment: class presentation (30%) and 7000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Copyright content is a significant part of national economies, which have been shifting from manufacture of physical items to high value intangibles; copyright law is an important aspect of the regulatory environment for a range of copyright-based industries. This unit covers advanced aspects of copyright law relevant to the copyright industries, including advanced aspects of the rules relating to subsistence; ownership, licensing and assignment; exclusive economic rights; remedies for infringement; exceptions and limitations. There will be a particular focus on management of rights in copyright-intensive industries, collective management of copyright, and statutory licenses.
LAWS6100 Corporate Fundraising

Credit points: 6 Teacher/Coordinator: Dr R P Austin (Coordinator) Session: Semester 2 Classes: 1x2-hr lecture/week Assumed knowledge: presumption of law degree with corporate law knowledge Assessment: 2 x class assignments (20%) and 2hr open-book exam (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit will involve a detailed study of the disclosure provisions and other requirements of chapter 6D of the Corporations Act, with particular focus on their application to the offer of company shares for issue or sale. However, some attention will also be given to listed managed investment schemes regulated under the Financial Services Reform Act. Attention will be paid to additional relevant legal requirements, including the ASX Listing Rules, for initial public offerings and other fundraisings. The unit is taught by lawyers with extensive experience in the field of corporate fundraising.
LAWS6222 Corporate Governance

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Int July Classes: Jun 30, Jul 1 & 7, 8 (9-4) Assessment: general class participation (10%), short pre-class assignment on "Choose your own Corporate Scandal" and specialised class participation (10%), class quiz (written) to be held on Day 4 (20%) and essay or exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6318 Corporate Innovation and Abuse

Credit points: 6 Teacher/Coordinator: Prof Kent Greenfield, Prof Frank Partnoy Session: Int June Classes: Jun 2-5 (9-5) 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) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will cover the recent and dramatic changes in the operation and regulation of multinational corporations. Both private and regulatory innovations have made corporations simultaneously more efficient and potentially more dangerous. Initial topics include the modern theory of the firm and the role of financial innovation, derivatives, off-balance sheet transactions, accounting treatment, compensation, the aftermath of the recent financial crisis, and the role of credit ratings and credit rating agencies, as well as the major modern corporate abuses, frauds, and pyramid schemes. Then the course will turn to the increasing importance of politics in corporate governance, and a range of new global public law issues that have shifted the role of the corporation in society. The unit will conclude by covering the major policy issues confronting boards of directors and managers, with a particular focus on the tensions between shareholder value and various important stakeholder rights.
LAWS6140 Corp Soc Responsibility: Theory/Pol

Credit points: 6 Teacher/Coordinator: Assoc Prof Ian B Lee Session: Int August Classes: Aug 4, 5 & 11, 12 (9-4) Assessment: class participation (15%) and assignment (10%) and 6000wd essay (75%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will examine a selection of theoretical and policy issues broadly related to the social responsibilities of corporations, including: conceptions of the corporation; the responsibility of corporate entities under the criminal law; corporate participation in the political process; corporate governance and democratic principles and corporate responsibility in respect of international human rights violations.
The unit will adopt a comparative and interdisciplinary approach, drawing on material from jurisdictions including the U.S. and Canada, as well as on methodologies and insights from law and economics and other schools of thought.
LAWS6030 Corporate Taxation

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Int April,Semester 1,Semester 1a Classes: S104 (Law School): Apr 2-4 & 7, 8 (9-3.30) and S1 and S7 (Taxation Training Program) Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Semester 1,Semester 1a
The unit consists of a detailed examination of the tax rules applied to companies and shareholders in a domestic setting in Australia. The goals of the unit are to develop an understanding of the policies, detailed rules and current practical problems involved in the taxation of companies and shareholders and to explore why different solutions are used for these entities when compared to partnerships and trusts. Upon successful completion of this unit, a student should have an advanced understanding of the policies underlying Australia's corporate tax system, as well as a detailed knowledge of the technical detail involved in the rules for the taxation of companies and their shareholders in Australia. Topics to be covered include: the policy and problems of taxing companies and shareholders; taxation of company distributions and dealings with interests in companies, including liquidations and share repurchases; imputation, including dividends passing through partnerships and trusts and intercorporate dividends; debt equity classification; shareholder rules; dividend and capital streaming and stripping; and value shifting.
LAWS6301 Corruption and International Development

Credit points: 6 Teacher/Coordinator: Ms Alexandra Mills, Dr Michael Nest Session: Int August Classes: Aug 8, 9 & 15, 16 (9-5) Assessment: class participation including class presentation (30%) and 5000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: The unit will be taught as a skills-based unit with class exercises. To make this workable, numbers to be capped at 25 students. The unit replaced Introduction to Anti-Corruption: Policy, Law and Practice.
Anti-corruption efforts have continued to grow rapidly in recent years prompted both by international developments, such as the UN Convention Against Corruption, the OECD Bribery Convention and the UK's 2010 Bribery Act, as well as by popular demand, domestically, for integrity in government. The spectrum of methods for dealing with the problem of corruption in the government sector now includes international cooperation, law enforcement, administrative instruments, system design, behavioural change, professional ethics, and transparency mechanisms created by activists and civil society. This unit is an introduction to the array of domestic and international approaches currently applied to address the complex nature of corruption including the intersection between the private and public sectors, (especially as regards the actions and impact of corporations), and increasing efforts to control corruption through aid and development programs. It is intended to have a practical focus, comprising discussion of the pressures, precedents and scandals that influence public policy choices about anti-corruption against the theoretical and historical background to current initiatives, including whether and how to combat corporate corruption domestically and overseas. Relevant themes to be considered include the impact of scandals on shaping initial laws, policies and instruments, the effect of political pragmatism and ideology, difficulties of policy evaluation and outcome measurement, and the implementation challenges posed by context. Specific cases will be used to demonstrate the reasons for controlling corruption, the types of corruption usually targeted by prevention measures and common methods of corruption control in law and practice.
LAWS6032 Crime Research and Policy

Credit points: 6 Teacher/Coordinator: Ms Jenny Bargen, Assoc Prof Judith Cashmore Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: 2000wd research problem (30%) and 5000wd research proposal (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Core unit for MCrim and GradDipCrim students and co-requisite for other criminology units. The unit replaced LAWS6032 Crime Research and Policy 1.
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.
LAWS6986 Criminal Justice Internship

Credit points: 6 Teacher/Coordinator: Mr Garner Clancey Session: Int Sept Classes: Aug 2 & Oct 25 (9-5) Prerequisites: LAWS6048 Explaining Crime or approval from the Program Coordinator Assessment: 2500wd reflective journal (30%), 2500wd organisational analysis (30%) and organisational task (40%) Practical field work: practical field work at a variety of criminal justice organisations for one day a week for the semester Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Interested applicants must submit an Expression of Interest (maximum two typed pages) clearly outlining reasons for applying, details of previous internships undertaken (where applicable), and perceived benefits of completing the internship. Those applicants demonstrating the greatest interest in and perceived benefit from the Internship will be accepted. The Expression of Interest must be submitted to Mr Garner Clancey garner.clancey@sydney.edu.au by Thursday 24 April 2014. Successful applicants will be formally notified of the outcome of the Expression of Interest and enrolment procedures explained no later than Friday 16 May 2014. Successful applicants will then work with Mr Clancey to arrange placement at preferred host organisations. This unit has a restricted class size.
The Criminal Justice Internship provides an opportunity to experience the working environment of criminal justice agencies. Experience gained through placement with a relevant agency will be complemented by attendance at four intensive seminars. These seminars will provide opportunities to reflect on the role of the host agency, the policy context within which the host agency operates, the ethical challenges associated with the work of the agency and the specific skills and knowledge gained through the Internship. The Internship will be especially beneficial to those students with limited work experience or those pursuing or contemplating a career change.
LAWS6193 Criminal Justice: Prevention and Control

Credit points: 6 Teacher/Coordinator: Mr Garner Clancey Session: Int April Classes: Apr 11, 12 & May 9, 10 (9-5) Assessment: 2000wd seminar paper (35%) and 5000wd essay (65%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6034 Criminal Liability

Credit points: 6 Teacher/Coordinator: Mr Graeme Coss Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: 3000wd essay (50%) and 2hr open-book exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Core unit for MCrim students. This unit is an introduction to aspects of criminal law for non-lawyers and is therefore not available to students who have completed a law degree or completed criminal law at a tertiary level.
In this unit, students will examine the ways in which criminal liability is established, and the central factors governing liability; analyse the general principles of criminal law, constituent elements of particular offences and the definition of a range of defences from historical, theoretical and practical context perspectives, with a special focus on male violence; and gain an appreciation of the tensions and perceived prejudices inherent in the criminal law and the criminal justice system.
The unit will cover the following: phenomenon of criminal law; violence; capacity; proof; attempts and accessorial liability; offences: sexual and non-sexual assault, murder and manslaughter; defences: provocation and self-defence, 'insanity' and substantial impairment, automatism, infanticide, intoxication, necessity and duress.
LAWS6035 Criminal Procedures

Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Int March Classes: Mar 7, 8 & 21, 22 (9-5) Assessment: take-home exam (60%) and 3000wd essay (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit aims to examine the processes of the criminal justice system through a consideration of its successive and main stages and of the roles of the principal participants in the system, particularly the police, suspects, accused persons, prosecutors, defence counsel, judges and experts. The focus of the unit will be the processes of criminal justice in New South Wales as well as the rest of Australia. The unit cover a range of topics, and these are likely to include: coronial proceedings; the interrogation of suspects and accused persons; search and seizure; the issue of arrest and custody; electronic surveillance; committal proceedings; the parties in a trial; the admissibility of confessions; the question of illegally and improperly obtained evidence; the jury; sentencing; and appeal proceedings.
LAWS6233 Criminology Research Project A

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: LAWS6234 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both LAWS6233 and LAWS6234 within one or two semesters.
The goal of this unit of study is to provide Master of Criminology students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a Faculty member. The unit is only available in special circumstances, and with the approval of the Program Coordinator. Please refer to the Sydney Law School website for details on eligibility criteria and application material.
LAWS6234 Criminology Research Project B

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: LAWS6233 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both LAWS6233 and LAWS6234 within one or two semesters.
Please refer to LAWS6233 Criminology Research Project A
LAWS6839 Critical Issues in Public Health Law

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Int August Classes: Intro Class: Aug 4 (6-8) then Aug 7, 8 & 28, 29 (9-5) Assessment: short response question (20%) and 6000wd essay (80%) or short response question (20%), 3000-3500wd essay (40%) and take-home exam (40%) or short response question (20%) and two 3000-3500wd essays (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for GradDipPubHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252 or LAWS6881.
This unit provides an introduction to key topics in public health law, and a foundation for further study in this field. It begins by exploring the use of law - both historically and conceptually - as a tool for protecting the public's health, for responding to health risks and implementing strategies designed to promote public health. It reviews the sources of public health law, considers the strategies that law can deploy to protect and promote health, as well as debates about the appropriate limits for law in the protection of public health in a liberal democracy.
The unit also provides a review of the law's role within several critical areas, including: acute public health threats (with a focus on SARS, pandemic influenza, and bioterrorism); sexual health and STIs; and tobacco control.
Key topics include: The definition and role of public health law; Case studies illustrating the sources of public health law; The legal framework for managing pandemic influenza and other acute public health threats; An introduction to tobacco control law; and Law's role in promoting sexual health.
Throughout the unit, students will be trained to identify legal issues and to explore their health significance, or impact on population health. Students will be encouraged and expected to critically evaluate the success of public health laws and their underlying strategies for protecting and promoting health. Students will also explore the tension between the public health interest, and competing public and private interests.
Students wishing to extend their knowledge of public health law can enrol in the companion unit, LAWS6848 Law & Healthy Lifestyles. These units comprise a core program in public health law.
Textbooks
Useful references include: Christopher Reynolds, Public and Environmental Health Law, Federation Press, 2011 [Australia focus], Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, University of California Press, 2nd ed, 2008 [US focus]
LAWS6997 Cross-Border Deals

Credit points: 6 Teacher/Coordinator: Mr Ronald C Barusch Session: Int October Classes: Intro Class: Oct 9 (6-8) then Oct 17, 18 & 24, 25 (9-4) Assumed knowledge: Undergraduate law degree. Students undertaking this unit must have a good working knowledge of the Australian Corporations Act and the rules and practices applicable to securities offerings and takeovers or the equivalent in their home jurisdiction. Assessment: short pre-class paper on a cross-border issue (10%), class participation (15%), take-home quiz (15%) and take-home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6997 Cross-Border Deals - A US Perspective.
This unit is for law graduates and students for the JD degree who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions. The unit highlights the distinctive concepts and practices of overseas securities and corporate laws in cross-border transactions and focuses on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal.
The lecturer was for over 30 years a merger & acquisition and securities lawyer in the US (resident for several years in Australia) and a significant portion of the class will cover US laws and practices on cross-border deals. The US segment will begin with a brief examination the US Federal system in which corporate and securities law responsibility is allocated between the states and Federal government, proceed to a practical discussion of the process of offering securities in the US and how it can affect non-US offerings, and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M&A concepts and practices, including mergers, break-up fees, poison pills, and proxy fights will be discussed.
The remainder of the class will focus on deal regulation of other jurisdictions (including the UK, China and other European and Asian regulations) of international transactions. Practical consequences of the regulatory requirements of these jurisdictions will be discussed, particularly as they relate to M&A, as well as certain subjects that have worldwide applicability (such as due diligence to determine possible corruption, vendor due diligence and directors' duties).
The unit will by a series of lectures, guest lectures and panel discussions. For example, when we discuss due diligence, it is anticipated that a pair of US and Australian practising securities lawyers will join the class to engage in a mock negotiation on how to conduct due diligence to satisfy very different legal standards in the two jurisdictions.
The purpose of the unit is to assist Australian and other non-US lawyers in (a) identifying potential cross-border issues and (b) being creative in solving the challenges that arise in international securities transactions.
LAWS6066 Discretion in Criminal Justice

Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Int August Classes: Aug 8, 9 & 22, 23 (9-5) Assessment: take-home exam (60%) and essay (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step. It deals with each stage from the reporting or observation of crime, through investigation, arrest, charging, bail, plea, hearing, appeal, retrial and publicity. It describes how actors at each step (citizens, police, prosecutors and judges) confront decision making, the laws (legislation, common law) and rules (prosecution guidelines, memoranda and procedures) that apply and provides examples of the exercise of such discretions. It also looks at the place of public commentary (personal, the media and political) in the process. The unit explores nuances in the conduct of any criminal prosecution aside from the application of the letter of the law.
LAWS6039 Discrimination in the Workplace

Credit points: 6 Teacher/Coordinator: A/Prof Belinda Smith Session: Int October Classes: Intro Class: Sep 16 (6-8) then Oct 10, 11 & 24, 25 (9-5) Assessment: class participation (20%) and problem assignment (20%) and 5500wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: MLLR students may enrol in this unit before completing LAWS6071 Labour Law
In this unit we examine the nature of discrimination in the workplace and the legal response to it in Australia. We start by considering the theoretical perspectives on equality that underpin our legislation and ideas about effective regulation. We then examine how anti-discrimination law is applied in respect of a number of different grounds of discrimination - such as sex, race, disability, and family responsibilities - reviewing recent cases and current issues. We will also discuss enforcement mechanisms and processes under anti-discrimination legislation and what, if any, effect the legislation has had on workplace processes and culture. While NSW law will be considered, the focus will be on federal legislation.
LAWS6130 Dispute Resolution in Australia

Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin Session: Int July Classes: Jul 23, 24 & 30, 31 (9-5) Assessment: 3000wd essay (50%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: This is not a skills unit and students will not be trained as negotiators or mediators. This unit has a restricted class size.
The unit is designed to give students a broad understanding of the theory, policy and practice of ADR. It will enable students to understand various alternative dispute resolution processes, their advantages and limitations; understand the application of ADR in particular areas of practice: understand key theoretical debates about mediation; be able to advise others about ADR processes; be better participants in ADR processes; be better able to evaluate the possible applications of various dispute resolution methods. The use of ADR in employment and health care disputes will be considered.
LAWS6852 Doing Business in China

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Int August Classes: Aug 8, 9 & 22, 23 (9-5) Assumed knowledge: LAWS6252 or law degree from a common or civil law jurisdiction Assessment: 3500wd essay (50%) and take-home exam (50%) or take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6984 Economics of Tax Policy

Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Int October Classes: Oct 7, 8 & 17, 18 (10-5) Assessment: class participation and presentation (10%) and 5000-6000wd essay (90%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The objective of the unit is to provide an understanding of the modern economics approach to the analysis of tax policy. The unit defines the role of taxation within the framework of welfare economics and examines the social and economic effects of reforms drawing on available empirical evidence. Particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment. Topics covered include: taxation of labour income, consumption and capital income, family income taxation, alternative approaches to the taxation of emission, and the taxation of resource rents.
LAWS6937 Employment Law Advocacy

Credit points: 6 Teacher/Coordinator: Mr David Chin, Ms Elizabeth Raper Session: Int May Classes: Intro Class: Apr 29 (6-8) then May 16, 17 & 30, 31 (9-5) Assumed knowledge: law degree or, with permission of the Program Coordinator, LAWS6013 Advanced Employment Law Assessment: class participation (20%) and short tests (20%) and 2x2500wd problem assignments (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit of study is designed especially for students in the Master of Laws (LLM) and Master of Labour Law and Relations (MLLR) degree programs who have completed an LLB degree. It examines key aspects of employment law principles and practice and their application in employment litigation. The unit builds on the fundamental principles of contract, trade practices and equity examined in the course of the LLB degree, and addresses the pleading of causes of action and the choice of appropriate forums. Further, it will consider the differing evidentiary burdens in employment litigation and contemporary law concerning dispute resolution, settlements and deeds of release.
LAWS6163 Energy and Climate Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Int October Classes: Sep 26, 27 & 29, 30 (9-5) Prohibitions: LAWS6863 Assessment: class participation (20%) and 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: The unit replaced LAWS6163 International & Australian Climate Law (formerly Energy Law).
This unit adopts an inter-disciplinary and integrative approach to understanding the dynamics of one of the most pressing global environmental concerns ecologically sustainable energy use. Working loosely within the framework of the Climate Change Convention, the unit relies on the perspectives of scientists, lawyers and economists to develop an integrated approach to sustainable energy use. The unit identifies current patterns of energy use in Australia and examines Australia's response to the Climate Change Convention. It also analyses the strengths and weaknesses of various political, legal and economic mechanisms for influencing the choice of energy use. The initiatives of the Commonwealth and New South Wales governments, as well as local councils, to promote sustainable energy use and to combat global warming are scrutinised.
LAWS6043 Environmental Impact Assessment Law

Credit points: 6 Teacher/Coordinator: Ms Nicola Franklin, Mr Jeff Smith Session: Int May Classes: May 23, 24 & 30, 31 (9-5) Assessment: 4000wd essay (50%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit has three fundamental aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA as a distinctive regulatory device by examining its historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to the current practice of EIA in Australia.
LAWS6044 Environmental Law and Policy

Credit points: 6 Teacher/Coordinator: Adj Prof Gerry Bates, Mr Jeff Smith Session: Int August,Int March Classes: S103 (Group A): Mar 14, 15 & 28, 29 (9-5), S108 (Group B): Aug 8, 9 & 15, 16 (9-5) Assumed knowledge: LAWS6252 or law degree from a common law jurisdiction Assessment: 5000wd essay (60%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Environmental Law students must complete LAWS6252 and this core unit prior to enrolling in other law elective units.
The aim of the unit is to introduce students to overarching themes in environmental law and policy as a foundation to their more detailed studies for the Environmental Law Program. This is an overview unit addressing a number of environmental issues at various levels of analysis; such as policy making, implementation of policy and dispute resolution. The concept of ecologically sustainable development and its implications for environmental law and policy is a continuing theme. The unit is designed to develop multi-dimensional thinking about environmental issues and the strategies needed to address them. The unit provides a broad background of the political and economic issues in so far as they are related to the legal issues involved.
LAWS6045 Environmental Planning Law

Credit points: 6 Teacher/Coordinator: Dr Andrew Edgar Session: Int August Classes: Aug 22, 23 & 29, 30 (9-5) Assessment: class participation (20%) and 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit examines the legal and institutional structures for land-use regulation and the resolution of land-use conflicts. The focus is on environmental planning, development control and environmental impact assessment. The unit will examine the design of environmental planning systems, the various types of development assessment systems, the opportunities for public involvement in decision-making processes, and the role of courts and tribunals in resolving land-use disputes.
LAWS6046 Equity Financing

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill (Coordinator) Session: Semester 1 Classes: 1x2-hr lecture/week Assumed knowledge: presumption of law degree with corporate law knowledge Assessment: class presentations (2x20%), 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit focuses on the corporate law aspects of equity fundraising. At a theoretical level, this unit is underpinned by the privileged position of equity within corporate law. However, the unit also has a strongly commercial approach. Particular topics covered include: accounting standards, profits and auditors' duties; dividends; incorporated joint ventures and strategic alliances; unincorporated joint ventures and strategic alliances; profits and dividends; capital restructuring - a comparative analysis of transactions affecting share capital; regulated financial transactions under chapter 2E of the Corporations Act; corporate reconstructions and schemes of arrangement; underwriting and the role of regulators; issues in comparative equity finance; private equity and venture capital. The unit is taught by a team of lawyers with extensive experience in financing.
Note that application of the disclosure provisions to corporate fundraising is covered in the unit LAWS6100 Corporate Fundraising.
LAWS6307 Expert Evidence & Class Action Procedure

Credit points: 6 Teacher/Coordinator: Prof Peter Cashman Session: Int May Classes: May 2, 9, 16 & 23 (9.30-4.30) Prohibitions: LAWS6230, LAWS6869 Assumed knowledge: Students without a law degree or equivalent may enrol in this unit but should be aware that the unit focuses on legal and evidentiary issues. Assessment: 4000wd essay based on the expert evidence component of the unit (50%) and 4000wd case study based on the class actions component of the unit (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6230 Expert Evidence and LAWS6869 Class Actions and Complex Litigation.
The expert evidence component of the unit will examine the role of expert witnesses, their reports and their testimony in civil and criminal cases. This will include an examination of the law governing the admissibility of expert evidence and the procedural means by which such evidence is adduced. Part of the unit will be devoted to current controversies surrounding the role of experts in particular civil and criminal cases.
The class actions component of the unit examines the substantive law, legal theories and procedural devices for the litigation and resolution of large scale, complex civil litigation. This encompasses representative actions, class actions and the use of other mechanisms for the aggregation and resolution of mass claims, including under bankruptcy law.
There will be a particular focus on Part IVA of the Federal Court Act (Cth) and representative action procedures available in Australia under the rules of court and statutory provisions in various areas (including discrimination, human rights, insurance law, privacy, corporations law and shareholder rights).
The unit will also cover comparative material on group litigation procedures and class actions under the laws of other countries, including England and Wales, Canada and the United States.
Textbooks
Freckleton I, and Selby H, Expert Evidence: Law, Practice, Procedure and Advocacy, Thompson, Sydney; Grave D, Adams K and Betts J, Class Actions in Australia (2nd ed) Thompson Reuters, 2012
LAWS6048 Explaining Crime

Credit points: 6 Teacher/Coordinator: Mr Garner Clancey Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: take-home exam (40%) and 3500-4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Core unit for MCrim and GradDipCrim students and co-requisite for other criminology elective units.
This unit examines the relevance of theory to the process of explaining crime as a social phenomenon. It will selectively analyse the history of criminological thought. Special attention will be given to the cross-disciplinary nature of efforts to understand crime, criminality and their causes. A significant section of the unit will deal with contemporary approaches to criminological explanation including the influence of feminism and postmodernism. Contemporary theorists such as Foucault, Garland and Braithwaite will also be considered. The unit will endeavour to make explicit the links between criminological theory and the development of public policy.
LAWS6194 Explaining Punishment

Credit points: 6 Teacher/Coordinator: Assoc Prof Thomas Crofts Session: Int March Classes: Mar 14, 15 & 28, 29 (9-5) Assessment: 1500wd take-home (30%), 5000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The objective of this unit is to explore punishment, sentencing and penalty in modern society, particularly through an understanding of the relationship between punishment and social structure and the significance of punishment within the social and political order. The unit will adopt an interdisciplinary approach which draws on history, law, literature, sociology and criminology. Topics which will be covered include new sentencing regimes (such as mandatory sentencing), women in prison, juvenile imprisonment, inequality and punishment, privatisation, immigration detention and various new forms of involuntary confinement, and the impact of law and order politics on punishment.
LAWS6970 Forensic Psychology

Credit points: 6 Teacher/Coordinator: Dr Helen Paterson Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class participation (10%) and 3500-4000wd essay (40%) and 2hr exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening
Forensic psychology is the application of psychological knowledge and theories to all aspects of the criminal and civil justice systems. It is currently one of the fastest developing and most popular aspects of psychology. In this unit we will draw upon psychological evidence to explain and understand some of the people and processes involved in the legal system. Through a series of interactive seminars we will discuss topics such as lie detection, profiling, interviewing, jury deliberation, eyewitness memory, criminal offenders, victims of crime, and police officers.
JURS6019 Freedom of Speech

Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: Class participation (20%), class presentation (20%) and 4500wd essay (50%). Depending on the number of students enrolled, there may be an option of 2 x oral presentations (2x20%) and 3000wd essay (40%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit replaced JURS6019 Freedom of Speech and Religion.
Freedom of speech is among the most hotly discussed constitutional rights in a liberal democratic state. This unit of study will aimed at clarifying some of the fundamental conceptual and normative foundations of both freedoms, always against the background of specific legal rules, cases and controversies in Australia and around the world. The part concerning freedom of speech will consider such issues as the fundamental justifications (rationales) for freedom of speech, the idea of 'content neutrality' and 'viewpoint neutrality' of speech restrictions, the distinction between speech and conduct, etc. It will also look, more specifically, at such controversial issues as restrictions on racial vilification, obscenity and defaming speech. The last part of the unit of study will focus on relationship between freedom of speech and freedom of religion.
LAWS6187 Functional Analysis of Law & Soc Control

Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: 7000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit replaced LAWS6187 Aspects of Law and Social Control.
This unit examines the largely diffuse concepts of social control and the functions of law and proposes a more specific approach to legal theory which incorporates the latest findings of socio-legal research on the social effects of law. As a result of this discussion, a more specific concept of social control and an explanatory assessment of the social effects of law, including its political use, are presented with their theoretical implications for legal and political systems and applied, as examples, to historically and societally varied situations.
LAWS6987 Fundamentals of Commercial Law

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Semester 1 Classes: 1x2-hr lecture/week Prohibitions: LAWS3400 Assumed knowledge: This unit assumes no previous knowledge and is available to non-lawyers and to lawyers who have not previously studied or practised in the area Assessment: 3000wd assignment (30%) and take-home exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening
Note: This unit replaced LAWS6987 Introduction to Commercial Law.
This introductory unit provides an overview of commercial law, focusing on the broad but fundamental concept of commercial dealings. Areas for analysis include sources and function of commercial law; the legal basis of dealings in contract and property law; dealings by principals and agents; dealings in tangible goods through leasing and sale; dealings in intangibles such as receivables through assignment; sources and methods of financing dealings; protecting dealings through insurance; regulating dealings through statute and common law restraints; and discharging dealings through a range of common payment methods and instruments.
LAWS6991 Fundamentals of Contract Law

Credit points: 6 Teacher/Coordinator: Dr Wayne Courtney Session: Int May Classes: May 16, 17 & 30, 31 (9-5) Corequisites: LAWS6252 Prohibitions: LAWS1002, LAWS1015, LAWS2008, LAWS5002 Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit is only available to non-law graduates who have not undertaken any previous study of contract law. This unit replaced LAWS6991 Introduction to Contract Law.
Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts. This unit will provide students with an understanding of remedies available for breach of contract and factors that may vitiate a contract. The unit prepares students for a range of units** across postgraduate programs in commercial law, corporate, securities and finance law and international business law where a basic understanding of contractual law principles is valuable. Unit content includes: contract as a risk management device; formation of contracts: agreement, consideration, intention to create legal relations, certainty, privity, formalities; construction principles: contractual parties, contractual terms (express and implied), classifying terms, principles of interpretation; estoppel; vitiating factors: misrepresentation, misleading and deceptive conduct, unconscionable conduct, mistake, duress; discharge: performance, breach, termination and frustration; remedies: key statutory and common law remedies.
** excluding the following advanced contract law units available to law graduates only: LAWS6809 Breach of Contract, LAWS6872 Contract Negotiation, LAWS6851 Construction Law, LAWS6915 Current Issues in Defamation Law, LAWS6954 Financial Risk Allocation in Equity, LAWS6903 Interpreting Commercial Contracts, LAWS6969 Principles of Patent Law, LAWS6919 Problems in Contract Formation and units as listed in the Faculty Handbook.
LAWS6810 Fundamentals of Corporate Law

Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Int April Classes: Apr 2, 3 & 9, 10 (9-5) Prohibitions: LAWS2003, LAWS2014, LAWS5014, CLAW2001, CLAW2201, CLAW6002 or equivalent unit Assessment: general class participation and specified seminar discussions (20%), class quiz (20%), take-home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6810 Introductory Corporate Law.
This unit is designed for those wishing to pursue postgraduate study involving aspects of corporate law, but who lack the required previous exposure to the subject. As our postgraduate units in corporate law (other than this unit and LAWS6319 Fundamentals of the Board and Directors' Duties) are generally specialised and taught at an advanced level, those wishing to enrol in such units but who have not studied corporate law in a law school environment should undertake this unit. The unit focuses on the fundamental principles of law applying to public and proprietary companies. It starts with a brief history of the development of the corporate form and the evolution of Australian corporate law, before examining a range of core topics, such as the nature of corporate personality, the incorporation process, corporate constitution and governance rules, and shareholder rights and remedies. The unit will also include a brief introduction to directors' duties, however, students who lack previous exposure to corporate law and wish to examine this topic in greater detail are advised also to enrol in the unit, LAWS6319 Fundamentals of the Board and Directors' Duties. It is recommended that students wishing to undertake further study in the area of shareholder rights enrol in LAWS6957 Shareholders' Remedies.
Textbooks
Redmond, Companies and Securities Law: Commentary and Materials (6th edition, 2013)
LAWS6955 Fundamentals of Finance Law

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Int October Classes: Oct 17, 18, 31 & Nov 1 (9-5) Assumed knowledge: This unit assumes no previous knowledge and is available to non-lawyers and to lawyers who have not previously studied or practised in the area Assessment: 3000wd assignment (30%) and take-home exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6955 Key Legal Concepts in Finance Law.
This unit's objectives are to identify and analyse key legal concepts that impact on the operation of financial markets.
The content includes an introductory examination of how contractual and other relationships underlie financial transactions; how financial assets (including financial instruments) are created, traded and used as security; how corporate and trust structures are used by market participants as financing vehicles; and how financial transactions may be challenged in an insolvency.
LAWS6319 Fund of the Board & Directors' Duties

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill, Mr Fady Aoun, Dr Olivia Dixon Session: Int April Classes: Apr 22, 23 & 29, 30 (9-5) Prohibitions: Students who have completed LAWS6810 Fundamentals of Corporate Law prior to 2014 are not permitted to enrol in this unit. The unit is also not available to students who have previously completed LAWS2003, LAWS2014, LAWS5014, CLAW2001, CLAW2201, CLAW6002 or equivalent unit. Assessment: class quiz (20%), take-home exam (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit explores the role of the board of directors in modern corporate governance and directors' duties. It provides an introduction to fundamental aspects of boards in Australia (including board size, composition, structure and board diversity in listed companies) and the relationship between management and the board. The unit also focuses on core principles of directors' duties in Australia. It examines foundational case law and statutory material in relation to the operation and enforcement of directors' duties, including: the duty of care; the duty to act good faith in the best interests of the company and for a proper purpose; the duty to avoid conflicts of interest; and directors' obligations in relation to insolvent trading.
This unit provides practical guidance on how directors can fulfill their legal obligations, and will include case studies to understand a range of critical issues for boards today. The unit is particularly relevant for non-executive directors looking to supplement their corporate law experience.
LAWS6912 Fundamentals of the Law of Trusts

Credit points: 6 Teacher/Coordinator: Mr Jamie Glister Session: Int March Classes: Mar 14, 15 & 21, 22 (9-5) Prohibitions: Students who have previously completed a law degree in a common law jurisdiction are not permitted to enrol in this unit, except with the permission of the Unit Coordinator Assessment: class participation (10%) and take-home exam (90%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6912 The Law of Trusts.
This unit begins with an overview of the equity jurisdiction, including fiduciary duties, before going on to consider the law of trusts in more detail. The unit covers the creation, constitution and validity of both private and public trusts; the rights and duties of trustees; trustee and third-party liability for breaches of trust; and remedies for breach of trust. These principles will be explored in the context of both personal and commercial dealings, and particular attention will be paid to certain commercial applications of the trust mechanism, such as Quistclose trusts and retention of title 'proceeds' trusts.
LAWS6920 Global Health Law

Credit points: 6 Teacher/Coordinator: Prof Lawrence Gostin Session: Int July Classes: Jul 15-18 (10-5.30) Assessment: 6000-7000wd essay (80%) and compulsory question (20%) or 3500-4000wd essay (50%), assignment (30%) and compulsory question (20%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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 intensive 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, interactive discussion, and case simulation and/or role-play. The class will cover naturally occurring infectious diseases (e.g. extensively drug resistant tuberculosis, malaria, and HIV/AIDS), past (e.g., SARS) and future (e.g., Influenza (A) H5N1) epidemics, bioterrorism events (e.g., anthrax or smallpox), and/or major chronic diseases caused by modern lifestyles (e.g., obesity or tobacco use).
Textbooks
Primary: A Collection of readings from primary and secondary sources Supplemental: Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint (University of California Press, 2nd ed. 2008) (students will be advised when it is available from the bookstore) (U.S. based but intended to provide a population based perspective and the role of low in safeguarding the public's health).
LAWS6933 Global Oil and Gas Contracts and Issues

Credit points: 6 Teacher/Coordinator: Prof Owen Anderson, Prof John Lowe Session: Int May Classes: May 19-22 (9-5) Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6933 International Petroleum Transactions. MIL and GradDipIntLaw students may enrol in either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both.
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.
LAWS6214 Goods and Services Tax Principles A

Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar, Mr Wai Choon Chan Session: Semester 1 Classes: 1x2-hr lecture/week Assumed knowledge: basic understanding of taxation law Assessment: class work/test (35%) and 2hr closed book exam (with pre-released exam questions) (65%). A research essay may be undertaken in lieu of the exam with the permission of the Unit Coordinator. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS6828 Goods and Services Tax Principles B

Credit points: 6 Teacher/Coordinator: Mr Andrew Sommer Session: Semester 2 Classes: 1x2-hr lecture/week Prerequisites: LAWS6214 GST Principles A. With permission of the Tax Program Coordinator, students with a good working knowledge of GST or VAT from previous study or practical experience may be permitted to enrol. Assessment: assignment (35%) and 2hr open book exam (65%). A research essay may be undertaken in lieu of the exam subject to permission from the Unit Coordinator. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The object of this unit is to broaden participants' existing knowledge of the Australian Goods and Services Tax, gained from studying LAWS6214 Goods and Services Tax Principles A or from extensive experience in practice. The unit will examine the interpretation, operation, and administration of aspects of GST that are complex in theory and/or in practical application. A detailed analysis of the law will take into account the policy objectives of the law and will be illustrated by reference to a range of commercial transactions, focusing on problems encountered in practice.
The following aspects of Australian GST are covered: entity and enterprise issues (the treatment of partnerships, trusts, and non-profit bodies; the special rules relating to GST groups, GST branches, and joint ventures; supplies of going concerns); the decreasing adjustment model for the taxation of insurance (Division 78); financial supplies (defining the boundaries of the input taxation; reduced credit acquisitions; related issues); GST and real property (taxable, input taxed, and GST-free supplies of real property; input taxed sales of residential premises and the exception for new residential premises; the margin scheme; supplies in return for development rights; real property and going concerns; input taxed residential rent, taxable commercial accommodation, and the treatment of long term occupation of commercial residential premises).
Coverage in any year may vary to take account of current issues, amendments to the law, and any relevant government consultations. Other issues that may be covered include: incapacitated entities; pre-incorporation expenses and amalgamations; current topical issues and/or recent case law.
LAWS6052 Govt Regulation, Health Policy & Ethics

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Int October Classes: Sep 25, 26 & Oct 9, 10 (9-5) Assessment: 7500wd essay (100%) or 2x3750wd essays (2x50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252 or LAWS6881. For 2014, the unit is available to GradDipHL students as a core unit of study in place of LAWS6058 Information Rights in Health Care.
This unit examines government regulation of health care, drugs, resource allocation, medical research and professional practice. With regard to each area of government decision-making, issues are analysed by reference to the interplay between social goals, human rights, legal rights and ethical considerations. Topics covered include the constitutional and statutory sources of government power with respect to health care: regulatory models and reform of public health legislation; therapeutic goods administration; health insurance; pharmaceutical benefits and the pharmacy industry; immunisiation, notifiable diseases and public health emergencies; human tissue legislation; discipline of health professionals; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.
LAWS6891 GST - International Issues

Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar Session: Int May Classes: May 7-9 & 12 (9-4) & May 13 (9-1) Prerequisites: LAWS6214 or LAWS6814 (or equivalent knowledge) Assessment: class participation (10%), class work/test (30%) and 2hr closed book exam (pre-released questions) (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The object of the unit is to broaden your existing knowledge of the international coverage of Australian Goods and Services Tax (GST) and to develop an understanding of the policies, detailed rules, and current practical problems involved in applying GST to cross-border transactions. The unit will consider the jurisdictional coverage of Australian GST, analysing in detail the complex issues that can arise in determining how GST applies to cross-border transactions. The unit will commence with an outline of the principles governing jurisdictional coverage: the destination principle and origin principles, and the use of proxies for determining the place of taxation. The unit will include a strong comparative element, situating the Australian rules within the framework of value added taxes around the world, and will explain where the Australian model differs from both the European and New Zealand models for determining the place of taxation. Topics covered will include: the 'connected with Australia' rules, considered separately for goods, real property, and 'things other than goods or real property'; the importation of goods and the interaction between the importation rules and the connected with Australia rules; the GST-free treatment of exports of goods and exports of 'things other than goods or real property'; the treatment of international travel, 'arranging for' services in relation to various GST-free supplies, and international mail; telecommunications supplies (both incoming and outgoing), including issues relating to phone cards, mobile roaming, inter-carrier charges, and the problems raised by the increasing use of VOIP; and the operation of the reverse charge provisions.
LAWS6054 Health Care and Professional Liability

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Int April Classes: Mar 27, 28 & Apr 14, 15 (9-5) Assessment: class presentation (10%) and 2000wd class paper (30%) and 5000wd take-home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for GradDipPubHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252 or LAWS6881.
This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.
LAWS6846 Human Rights and the Global Economy

Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Int August Classes: Aug 15, 16 & 29, 30 (9-5) Prohibitions: LAWS5134 Assessment: 8000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Master of Law and International Development students may undertake this unit as an elective or capstone unit
The questions of whether and how the global economy and human rights interrelate and interact have excited much recent controversy on the streets, in the courts and legislatures, in corporate board rooms and in the corridors of the UN and the international trade and financial organizations. It is a controversy that will almost certainly intensify over the next few years. The debate is controversial because it is important, and it is important because it involves two great globalizing forces namely, the promotion of free market ideology through trade liberalization and the protection of human rights through the universalization of the norms that underpin human dignity. On the face of it the two projects do sit easily together. Are they, in fact, implacably opposed to each other? Where or how do they overlap and what are the consequences or opportunities presented thereby? What role can the law play in regulating their interaction whether it be domestic or international law, 'hard' or 'soft' law. And what or who are the real actors behind the economic and human rights power blocs on the global stage? This unit seeks both to frame these questions and to address them by reference to the most recent discussion, thinking and action in the area.
LAWS6147 Independent Research Project

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Assessment: 8000 to 10,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Closing date 30 September (Semester 1) and 30 April (Semester 2)
The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a Faculty member. The unit is only available in special circumstances, and with the approval of the relevant Program Coordinator. Please refer to the Sydney Law School website for details on eligibility criteria and application material.
LAWS6182 Independent Research Project A

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: LAWS6183 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both LAWS6182 and LAWS6183 within one or two semesters.
The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a Faculty member. The unit is only available in special circumstances, and with the approval of the relevant Program Coordinator. Please refer to the Sydney Law School website for details on eligibility criteria and application material.
LAWS6183 Independent Research Project B

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: LAWS6182 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both LAWS6182 and LAWS6183 within one or two semesters.
Please refer to LAWS6182 Independent Research Project A.
LAWS6159 Insolvency Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Lee Aitken Session: Int July Classes: Jul 4, 5 & 18, 19 (9-5) Prohibitions: CLAW6006 Assumed knowledge: law degree with good background in Australian corporate law Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6159 Corporate Insolvency Law.
This unit will examine the law, policy and practice of both personal and corporate insolvency, under the Bankruptcy Act 1966 and the Corporations Act 2001. Topics to be covered will include: The purposes of insolvency law, including debtor protection, access of creditors to the debtor's assets, investigation of the reasons for financial failure, The pari passu principle, and the position of secured creditors; collectivism, compulsion and maintenance of creditors' pre-insolvency rights; the nature of security and quasi-security interests; The processes of sequestration of individual estates, and the winding up of companies; other possible regimes in insolvency; the appointment of a receiver under a charge; the duties of the receiver and manager; section 420A of the Corporations Act; The operation of Part 5.3A of the Corporations Act and the appointment and powers of the administrator and the operation of the deed of company arrangement; Available property; the voidable transaction regime (including section 37A of the Conveyancing Act); Litigation funding and possible recoveries in insolvency; The liability of directors and other controllers in insolvency; The impact of the PPSA regime on insolvency; The duties of the liquidator, and the control of liquidators; Current reform proposals, and policy considerations; and The Cross-Border Insolvency Act 2008; the effect of the UNCITRAL model law; the operation of modified universality in transnational insolvency.
LAWS6882 Insurance Contract Law

Credit points: 6 Teacher/Coordinator: Prof Robert Merkin Session: Int Sept Classes: Sep 10, 11 & 15, 16 (9-5) Assumed knowledge: undergraduate law degree or LAWS6991 Fundamentals of Contract Law Assessment: 2000wd case note (30%) and assignment or 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: The unit replaced LAWS6882 Insurance law.
The unit objectives are to identify and analyse the key legal concepts that govern the relationship between insurers and policyholders. The unit will examine the statutory and contractual principles applicable to insurance contracts, including: the principle of utmost good faith; the content and regulation of policy terms; the measure of indemnity; the rights of insurers following loss; the principles applicable to particular forms of policy (including life, property, liability, marine and reinsurance); and the role of intermediaries.
Textbooks
Ian Enright, Rob Merkin and Michael Kirby, Sutton's Law of Insurance in Australia, 4th ed 2014; Peter Mann, Annotated Insurance Contracts Act 1984, 5th ed 2013 and also recommended Greg Pynt, Insurance Law, A First Primer, 2nd edition 2011
LAWS6896 Internatl & Comparative Criminal Justice

Credit points: 6 Teacher/Coordinator: Prof Mark Findlay Session: Int May Classes: May 16, 17 & 23, 24 (9-5) Prohibitions: LAWS6269, LAWS6219 Assessment: class presentation (20%), essay (40%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit explores the growing internationalisation of criminal justice through an examination of forms of transnational crime and international conflicts and the infrastructure that is being developed to regulate global insecurities and criminal harms. It will explore the development of various institutions in response to international crimes and their relation to international human rights and access to justice. It will consider the different paradigms of justice that inform diverse international developments, notably contrasts between retributive and restorative justice. The unit will explore tensions and conflicts between nation-state based criminal justice and international norms, processes and procedures for regulating crime. It will assess the extent to which a distinct international criminal justice order is being established, the nature of its jurisprudence and values and its implications.
LAWS6022 Internatl & Comparative Labour Law

Credit points: 6 Teacher/Coordinator: Prof Mia Ronmar Session: Int August Classes: Aug 1, 2 & 8, 9 (9-5) Assessment: 2500wd assignment (30%) and 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will explore current important aspects of international and comparative labour law, with a special focus on EU and European developments. Topics to be covered include: national labour law systems and comparative labour law 'typologies'; ILO standards and fundamental rights (and possible tensions between regulation at international, regional and national/constitutional levels); characteristics of EU labour law; the personal scope of labour law; fundamental trade union rights, collective bargaining and information and consultation (including the so-called 'Laval Quartet' case law and conflicts between fundamental trade union rights and economic free movement rights); flexicurity, employment protection and regulation of flexible work; non-discrimination legislation; labour law in times of economic crisis. In coordinating and teaching this unit Prof Rönnmar draws on her experiences from previous research in this field, and from her work as the Editor-in-Chief of the International Journal of Comparative Labour Law and Industrial Relations.
LAWS6059 International Business Law

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Int March Classes: Mar 14, 15 & 28, 29 (9-5) Assumed knowledge: LAWS6252 or law degree from a common or civil law jurisdiction Assessment: 3500wd essay (50%) and 1hr exam (50%) or 2hr exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for MIntBus&L students.
The objective of this unit is to provide students with an introduction to a number of areas of international business law and to provide an opportunity to study some of those areas in more detail. The unit begins 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 and methods of doing business in foreign markets, including through agents and distributors and international licensing transactions. Other topics may vary from year to year and may include an introduction to international tax, elementary customs law and international dispute settlement.
Textbooks
Burnett and Bath, Law of International Business in Australasia (Federation press, 2009)
LAWS6060 International Commercial Arbitration

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Int August Classes: Aug 15, 16 & 29, 30 (9-5) Assessment: take-home exam (40%) and 5000wd research essay (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit introduces students to the preferred method of resolving international commercial disputes. It has two primary aims, being to outline key principles in the law of international commercial arbitration, and also to discuss a range of cutting-edge legal issues raised in international commercial arbitration, to nurture a sophisticated understanding of the historical development, and likely future path, of ICA systems in relation to other forms of dispute resolution in trans-border contexts. Related, secondary aims are to develop an ability to discuss or argue arbitration law issues with colleagues, and to gain familiarity with key reference materials, expertise in conducting independent research, and skills in effective legal writing in this field. The unit considers how international commercial arbitration relates to litigation and ADR, surveys some of the most important transnational and Australian "legislative" instruments, and introduces major trends. It goes on to consider in detail specific issues including the arbitration agreement; the constitution of the arbitral tribunal; applicable law issues, including consideration of the law governing the arbitration, the role of the seat, and the role of national courts; procedure in international arbitration; the jurisdiction of the arbitral tribunal; the role of arbitral institutions; the arbitral award and challenges to the award; and recognition and enforcement of the award.
LAWS6219 International Criminal Law

Credit points: 6 Teacher/Coordinator: Ms Helen Brady Session: Int July Classes: Jul 3 (4-7), 4 (4-8), 5 (10-2) & 7 (4-7), 10 (4-7), 11 (4-8) & 12 (10-3) Prohibitions: LAWS6896 Assessment: class participation (10%), take-home exam on hypothetical and practical question-solving (40%) (exam released 14 July and answers due 21 July), 4000wd essay (50%) (due 22 August) Campus: Camperdown/Darlington Mode of delivery: Block Mode
In the past twenty years international criminal justice has had a resurgence as a key way to address war crimes, crimes against humanity and genocide. Since the early 1990s the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have prosecuted a number of high level perpetrators of international crimes. These courts paved the way for the multilateral treaty establishing the permanent International Criminal Court in 1998. More recently, hybrid or internationalised criminal courts like the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon have dealt with crimes of international concern. This unit will examine how these institutions use the rule of law to help stop the cycle of impunity for perpetrators of mass atrocities. Using cases before the international courts and tribunals, the course will examine both substantive and procedural international criminal law. The elements of genocide, war crimes, crimes against humanity (including crimes of sexual and gender violence) and terrorism, modes of liability and defences will be covered, as will international criminal procedures from the investigation through to the pre-trial, trial, sentencing and appeal stages. Students will gain an overall understanding of international criminal law, as well as exposure to some of the interesting issues confronting the international criminal courts and tribunals today.
LAWS6865 International Dispute Resolution

Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Int Sept Classes: Sep 5, 6 & 19, 20 (9-5) Prohibitions: LAWS6202 Assessment: take-home exam (30%), 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6865 International Dispute Resolution: Principles and LAWS6865 International Dispute Resolution: Theory & Practice.
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.
LAWS6061 International Environmental Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Ms Kate Owens Session: Int May Classes: May 7-10 (9-5) Assessment: 2500wd problem-based assignment (30%) and 5500wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Students seeking further study in international environmental law may undertake LAWS6922 Advanced International Environmental Law.
This unit aims to provide students with an overview of the development of international environmental law throughout the twentieth century. Attention will primarily be devoted to the international law and policy responses to global and regional environmental and resource management issues. Basic principles will be discussed prior to taking a sectoral approach in looking at the application of international environmental law in specific issue areas. The unit includes material on implementation of international environmental law in the Asia Pacific region. Relevant Australian laws and initiatives will be referred to from time to time. The focus is on law and policy that has been applied to deal with environmental problems in an international and transboundary context.
LAWS6138 Internatl Fin Transactions: Law & Prac

Credit points: 6 Teacher/Coordinator: Mr Jan Job de Vries Robbé Session: Int April Classes: Mar 27, 28, 31 & Apr 1 (9-5) Assessment: class participation (10%) and 8000wd essay (90%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
International financial markets are front page news. From GFC litigation to the sovereign debt crises, the hedge funds and rating agencies, there is no escape. This unit has a profoundly practical perspective, yet also addresses regulatory reform in an international context, and how it relates to the markets. Key pillars of the unit include lending, capital markets and the derivative markets. Within each pillar specific financial products are analysed, both from a legal and structuring perspective. We look at lending and how to negotiate a term sheet. Securitisation and covered bonds are topics of discussion in the capital market sphere. We will also look at the international reform of the derivatives market and its impact on documentation. Insight is given into credit derivatives. Investor litigation is also a prominent feature of the unit. Guest lecturers from the industry present to provide a broad perspective. Case studies and a negotiation session are included as well, making this a both challenging and exciting unit. No prior experience in the financial markets is required.
LAWS6161 International Human Rights

Credit points: 6 Teacher/Coordinator: Dr Jacqueline Mowbray Session: Semester 2 Classes: 1x2-hr lecture/week Prohibitions: GOVT6117 Assessment: 4000wd take-home exam (65%) and 2500wd assignment (35%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit introduces students to the principles and practice of international human rights law - a field of public international law and policy 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 this question, students in this unit will examine: (a) forums 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) 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. By the end of this unit, students should be able to formulate written and oral arguments by reference to key international human rights law instruments and principles; give strategic advice as to available avenues of recourse in international human rights law; and advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field.
LAWS6218 International Humanitarian Law

Credit points: 6 Teacher/Coordinator: Dr Emily Crawford Session: Int May Classes: May 2, 3 & 9, 10 (9-5) Prohibitions: LAWS3483, LAWS5183 Assessment: class participation (20%) and 8000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
How to limit and regulate violence in times of war is one of the most pressing challenges for international law. This unit explores the origins and purposes of humanitarian law; its scope of application (spatial, temporal and personal); the different types and thresholds of armed conflict (including international and non-international conflicts); the permissible means and methods of warfare (including the principles of distinction and proportionality, and specific weapons such as chemical, biological and nuclear weapons, cluster munitions, and landmines); the status and treatment of combatants and non-combatants and other categories (such as spies, mercenaries, "unlawful combatants" and "terrorists"); 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, the role of Protecting Powers and the International Committee of the Red Cross, and national military law).
LAWS6037 International Import/Export Laws

Credit points: 6 Teacher/Coordinator: Adj Prof Alan Bennett Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class assignments (10%), mid-semester take-home exam (25%) and final semester take-home exam (65%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit is a comparative study of international import/export laws. It does not look in detail at Australian law. The material covered in the unit is based on the WTO multilateral agreements which the 159 WTO member countries have adopted and which bind them on the topics covered.
The unit commences with an introduction to the relevant WTO agreements underpinning international import and export laws affecting WTO members. It then provides an introduction to international import dispute mechanisms through the WTO Dispute Settlement Understanding. The Kyoto Convention is then examined to determine the key elements of a modern customs statute.
The unit also examines: Free Trade Agreements; anti-dumping duty; discriminatory taxes/laws on imports; markings and intellectual property rights on imported goods; importers' remedies against customs decisions; customs valuation and tariffs; and, customs "post entry" audits.
LAWS6916 International Investment Law

Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Int March Classes: Mar 21, 22 & Apr 4, 5 (9-5) Assessment: 5000wd essay (50%) and assignment (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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 principles contained within investment treaties and recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment arbitration under the auspices of the International Center for the 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. As such, it examines the collapse of the negotiations for the Multilateral Agreement on Investment, corporate social and environmental responsibility, calls for an international regulatory framework to govern the conduct of multinational corporations, and new proposals for an International Agreement on Investment for Sustainable Development.
LAWS6062 International Law-the Use of Armed Force

Credit points: 6 Teacher/Coordinator: Dr Fleur Johns Session: Int Sept Classes: Sep 10, 11 & 17, 18 (9-5) Prohibitions: LAWS3483, LAWS5183 Assessment: 8000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The objectives of this unit are to understand and gain a sound knowledge of the legal principles and rules governing the resort to armed force by States; be able to analyse a complex factual situation, recognise the issues arising, and determine the international legal rights and responsibilities of the parties involved; and gain awareness and understanding of current issues relating to the use of force and United Nations practice in matters affecting international peace and security. The course looks at the legal principles and rules governing the resort to force by States; operation of the relevant provisions of the United Nations Charter dealing with the use of force, self-defence and collective security; relevant state practice in interpreting the UN Charter; the legal issues arising from the use of force against terrorism; the "Bush Doctrine" of pre-emptive self-defence and its legality under international law; legality of the use of force to assist rebels; the role of the United Nations in peace-building, peace-making, peace-keeping, and peace enforcement; and the legal issues arising from humanitarian intervention and the emerging principle of the responsibility to protect. This unit does not cover the law regulating the conduct of armed conflict (jus in bello), which is the subject of the separate unit LAWS6218 International Humanitarian Law.
LAWS6243 International Law I

Credit points: 6 Teacher/Coordinator: S103 (Group A): Dr Alison Pert, S2 (Group B): Assoc Prof Tim Stephens Session: Int March,Semester 2 Classes: S103 (Group A): Mar 14, 15 & 28, 29 (9-5) and S2 (Group B): 1x2-hr lecture/week Prohibitions: LAWS5005 Assessment: 4000wd essay (50%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6243 Public International Law. This unit is compulsory for MIL and GradDipIntLaw students who have not completed any previous study in international law and must be taken during the first semester of candidature. This unit is not available to MLawIntDev students who have been granted a reduced volume of learning.
This unit provides an introduction to public international law. Its purpose is to ensure that students have a thorough understanding of the core principles and problems of, and contemporary issues in, international law. The unit covers the following topics: nature and scope of public international law, sources of public international law, international legal personality, the law of treaties, how title to territory is acquired, state jurisdiction in international law, immunity from jurisdiction, state responsibility for international wrongs, dispute settlement, and the legality of the use of force.
LAWS6167 International Law II

Credit points: 6 Teacher/Coordinator: S1 (Group A): Dr Jacqueline Mowbray, S110 (Group B): Dr Alison Pert Session: Int October,Semester 1 Classes: S1 (Group A): 1x2-hr lecture/week and S110 (Group B): Oct 10, 11 & 24 25 (9-5) Assumed knowledge: It is strongly advised that students complete LAWS6243 International Law I before enrolling in this unit Assessment: 3000wd take-home exam (40%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Compulsory core unit for MIL and GradDipIntLaw students. This unit replaced LAWS6167 International Law and Australian Institutions.
This unit of study consolidates and builds upon knowledge gained in LAWS6243 International Law I. The relationship between international law and domestic law is explored in depth, both in a comparative perspective and with reference to the impact of international law on Australian law and legal institutions. The unit also addresses specialist topics not covered, or only briefly covered, in LAWS6243 International Law I, such as more detailed examination of the limits of state jurisdiction, the role of the individual in international law, international human rights, and the laws of war (international humanitarian law). Other topics of current interest in public international law will also be examined, with students given an appreciation of the role and relevance of international law in major events in contemporary international affairs.
LAWS6184 International Law Research Project A

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: LAWS6185 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both LAWS6184 and LAWS6185 within one or two semesters.
The goal of this unit of study is to provide Master of International Law students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a Faculty member. The unit is only available in special circumstances, and with the approval of the Program Coordinator. Please refer to the Sydney Law School website for details on eligibility criteria and application material.
LAWS6185 International Law Research Project B

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: LAWS6184 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both LAWS6184 and LAWS6185 within one or two semesters.
Please refer to LAWS6184 International Law Research Project A.
LAWS6903 Interpreting Commercial Contracts

Credit points: 6 Teacher/Coordinator: Prof Elisabeth Peden, Prof Richard Calnan Session: Int November Classes: Nov 21, 22 & 28, 29 (9-5) Assumed knowledge: undergraduate law degree Assessment: 1500wd essay (20%) and 6000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Commercial lawyers spend much of their time reading and writing contracts. Understanding how the courts interpret contracts is therefore a key part of the job of any commercial lawyer. In practice, much of contract law is about the interpretation of the promises which the parties have made to each other rather than about particular rules of law.
Over the last twenty years, the common law has seen an explosion in the number of cases on contractual interpretation, and a corresponding increase in its academic discussion. This unit will critically discuss those developments, with a view to trying to establish the principles by which the courts do - and should - interpret contracts. In doing so, it will discuss the developments in Australia, England and New Zealand.
The unit will be structured around ten principles which, it is suggested, can help to explain the way in which the courts interpret contracts and the continuing divergences of view about the approach to interpretation.
The following issues will be discussed: What is the guiding principle of contractual interpretation? To what extent do the courts look to the objective intention of the parties? Is subjective intention of any relevance? What materials are available when interpreting a contract? What is meant by reading the contract as a whole? Contracts must be read in the light of their background facts, but what does this mean in practice? What do words mean? Do words have ordinary meanings? When are words ambiguous? To what extent is the court entitled to disregard the words used by the parties if it thinks that they cannot have intended them? When can words be implied into a contract? When can the court change the words in a contract? When are rectification and estoppel by convention available?
The unit will conclude with a discussion of the way in which contracts should be drafted. How should the principles of contractual interpretation affect drafting? Is it possible to contract out of the principles? Is it desirable to do so?
LAWS6825 Introduction to Australian Business Tax

Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Int August,Int March,Semester 1a,Semester 1b,Semester 2a,Semester 2b Classes: S103 (Group A): Mar 10-14 (9-3.30), S108 (Group B): Jul 28-Aug 1 (9-3.30) Assessment: class work/test (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Department permission required for enrolmentin the following sessions:Semester 1a,Semester 1b,Semester 2a,Semester 2b
This unit introduces the basic elements of Australia's income tax (including fringe benefits tax and capital gains tax), with an emphasis on their impact on businesses, whether conducted directly or via a partnership, trust or company.
The unit covers the following topics: the main structural features of the tax system; assessability of business revenue; treatment of business expenses; timing rules for revenue and expense recognition; trading forms (companies, partnerships, trusts), capital raising and costs of servicing invested capital; cross-border issues; anti-avoidance rules.
The unit is intended for participants who have not undertaken a recent and thorough undergraduate unit (or postgraduate equivalent) in Australian income tax. Participants are primarily from two groups: (a) foreign students who have studied their own domestic tax system and now wish to acquire a detailed knowledge of the operation of the Australian tax system; and (b) Australian graduates in law, commerce, accounting, or other disciplines, who have not previously studied income tax. This unit is suitable as both an entry-level precursor to the more specialised units offered in the Tax Program and as a unit for practitioners and others who do not seek to be tax specialists but want to improve their general understanding of the tax ramifications of commercial operations.
LAWS6857 Introduction to Chinese Law

Credit points: 6 Teacher/Coordinator: Prof Bing Ling Session: Int May Classes: May 2, 3 & 16, 17 (9-5) Prohibitions: LAWS6001 and students who have completed a law degree in the People's Republic of China Assumed knowledge: LAWS6252 or law degree from a common or civil law jurisdiction Assessment: 2000wd assignment (30%) and take-home exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit covers the legal system of the People's Republic of China. It will address Chinese legal history and tradition and the development of modern Chinese law, and will look at the Chinese court system and dispute resolution, constitutional law and the judicial system, the civil and criminal systems and other specific areas such as land law, labour law and intellectual property. Practical aspects of the implementation of a legal system in China and attitudes towards the rule of law will also be considered. The assessment will address Chinese law or a comparative analysis of Chinese law and the legal systems of one or more other countries.
LAWS6879 Japanese Law

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (Coordinator) Session: Int February Classes: Intro Class: Feb 3 (5-7) in Sydney then Feb 10-14 in Kyoto. Students may also substitute one or two days from Feb 17 and 18 in Tokyo. Assessment: 1000wd reflective notes (2x10%) and 7000wd essay (80%) Practical field work: Kyoto, Japan Campus: Kyoto/Tokyo Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: For further information, please visit http://sydney.edu.au/law/caplus/ or email law.offshore@sydney.edu.au
This unit provides an introduction to Japanese law in global context, focusing on its interaction with civil justice, criminal justice, business, politics, gender, and the legal professions. It is taught intensively at Ritsumeikan University campuses in Kyoto and Tokyo (http://www.ritsumei.ac.jp/japanese-law/kyoto-seminar/). Students are encouraged to take all classes taught in Kyoto (24 hours), but can also substitute up to 12 hours of classes taught in Tokyo (with more of a business law focus) subject to pre-approval by the Coordinator. Lecturers include academics from Ritsumeikan and other leading Japanese universities, as well as from Australia (especially from The University of Sydney, Bond and Adelaide), with guest lectures by prominent practitioners and a field study to a local bar association and/or the courts. Students will also interact with participants from Japanese, Australian and other universities or institutions taking this unit, supported by the Australian Network for Japanese Law (sydney.edu.au/law/anjel).
LAWS6068 Judicial Review-P'ciple, Pol & Procedure

Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Int August Classes: Aug 15, 16 & Sep 19, 20 (9-5) Assessment: 7500wd essay or 2x3750wd essays (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit provides a specialised and thematic account of judicial review as one means for making the executive branch of government accountable. It aims to develop an understanding of trends reflected in principles relating to justiciability, standing to seek review, excess of power and abuse of power, and procedural fairness. A critical evaluation of the policy choices which account for development of common law principles is encouraged. The procedures and remedial powers available under statutes which reform the procedure for gaining judicial review are examined, with judicial and administrative procedure compared. A consistent theme is the development of a critical appreciation of the proper relationship between the judicial and executive branches of government.
JURS6034 Jurisprudence Research Project A

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: JURS6035 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: This unit is compulsory for MJur students. Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both JURS6034 and JURS6035 within one or two semesters.
The goal of this compulsory (capstone) unit of study is to provide Master of Jurisprudence students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a Faculty member. Please refer to the Sydney Law School website for details on eligibility criteria and application material.
JURS6035 Jurisprudence Research Project B

Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: JURS6034 Assessment: 15,000 to 20,000wd research project (100%) Campus: Camperdown/Darlington Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: This unit is compulsory for MJur students. Closing date 30 September (Semester 1) and 30 April (Semester 2). Students must complete both JURS6034 and JURS6035 within one or two semesters.
Please refer to JURS6034 Jurisprudence Research Project A.
LAWS6071 Labour Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Shae McCrystal Session: Int March Classes: Intro Class: Feb 25 (6-8) then Mar 14, 15 & 28, 29 (9-5) Assumed knowledge: MLLR students must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System (core) as well as this unit before undertaking the labour law elective units Assessment: class presentation and 1000wd related assignment (20%) and 1.5hr exam (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: The unit is compulsory for students enrolled in the MLLR. However, the requirement to take this unit may be waived upon application to the Program Coordinator if the student can demonstrate proficiency in the unit objectives gained through completing a recent undergraduate law unit in labour law or work experience. Credit will not be granted for WORK6116 Employment and the Law and completion of this unit will not be sufficient to obtain an exemption from this MLLR compulsory unit.
The purpose of this unit is to introduce students to the principles of labour law. It is designed specifically for MLLR students who do not have a law degree or for any students with a law degree who have not recently undertaken an undergraduate labour law course. The goal of the unit is to equip students with the fundamental principles of labour law that they will need to undertake more advanced labour law units within the MLLR and LLM Degrees. It provides an introduction to the contract of employment and the relevant principles governing the employment relationship, including termination of employment. It then introduces students to the workplace relations framework including collective bargaining and industrial conflict; the modern role of awards and statutory regulation of wages and conditions.
LAWS6816 Labour Law in the Global Economy

Credit points: 6 Teacher/Coordinator: Prof Rosemary Owens Session: Int Sept Classes: Sep 5, 6 & 12, 13 (9-5) Assumed knowledge: LAWS6252 or a law degree and, for MLLR students, LAWS6071 Assessment: class participation and assignments (30%), 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit will explore the extent to which the new global economy (global integration of production and increased migration, digital and informational technologies, transformations in work and production processes, and the shift to services) has undermined norms of employment, forms of workers organization, the traditional structure of the firm, assumptions about who workers are and what they need, and ideas about how regulation works - norms, assumptions, and ideas that have been the foundation upon which national regimes of labour regulation have been built. Topics to be covered include: flexible labour markets and the International Labour Organization's response; the informalization, feminization, and commercialization of employment; outsourcing, off-shoring and business networking and their impact on labour law; challenges in the regulation of child labour and forced labour; the intersection of migration and labour law; the challenges of finding effective mechanisms for worker representation, or `voice', in an era of declining union membership; and the challenges of new technology and work organization on working patterns and conditions of work.
LAWS6848 Law and Healthy Lifestyles

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Int March Classes: Intro Class: Mar 10 (6-8) then Mar 13, 14 & Apr 3, 4 (9-5) Assessment: one short response question (20%) and 6000wd essay (80%) or one short response question (20%), 3000-3500wd essay (40%) and one take-home exam question (40%) or one short response question (20%) and two 3000-3500wd essays (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for GradDipPubHL students. This unit replaced LAWS6848 New Directions in Public Health Law and Policy and may be substituted for LAWS6839 Critical Issues in Public Health Law as a core unit in the MHL.
This unit responds to growing interest in the law's response to tobacco use, obesity, poor diet, alcohol abuse and sedentary lifestyle - the leading causes of preventable disease in Australia, the United States, and increasingly, in developing economies. Cancer, heart disease, stroke, diabetes and tobacco-related diseases are society's greatest killers, but what can law do - and what should it be doing - to prevent and control them?
Although law's relationship with the behavioural risk factors for these non-communicable diseases (or NCDs) is complex and contested, governments are experimenting with a wide range of legal strategies to encourage healthier lifestyles. This unit focuses on developments in Australia and the United States, and places legal developments in these countries within an international context.
The aim of this course is to equip students with conceptual skills to think powerfully about law's role in the prevention of NCDs and their risk factors, and to participate effectively in debates about appropriate, workable, legal and regulatory interventions. Through a comparative approach that draws on legal responses to NCDs in both Australia and the United States, students will 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.
Throughout the unit, students will be encouraged to critically evaluate the success of the strategies law adopts to protect and promote public health, to explore new strategies that law might adopt, and to reflect on the tension between the public interest in protecting health, and competing interests.
Textbooks
Useful references include: Christopher Reynolds, Public and Environmental Health Law, Federation Press, 2011 [Australia focus] and Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, University of California Press, 2nd ed, 2008 [US focus]
LAWS6932 Law and Investment in Asia

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (Coordinator), Assoc Prof Simon Butt Session: Int April Classes: Apr 4, 5 & 22, 23 (9-5) Assessment: 2000-2500wd take-home exam (30%) and 6000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The aim of this unit is to provide students with a broad overview of the key legal issues commonly faced when investing and doing business in Asia. This unit covers areas of commercial law across Asia with primary emphasis on Japan, Indonesia, Malaysia, China and possibly India, including case studies. It covers foreign investment regulation; laws related to foreign investment; contract and/or competition law; labour law; corporate governance; intellectual property; Islamic law and finance (where relevant); corruption; WTO and FTA compliance; dispute resolution; and key issues in modern comparative law which may assist students in their study of `foreign' legal systems.
LAWS6859 Law of Agency

Credit points: 6 Teacher/Coordinator: Prof Francis Reynolds, Prof Peter Watts Session: Int Sept Classes: Sep 3-5 & 8, 9 (9-3.30) Assumed knowledge: undergraduate law degree Assessment: take-home exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Persons who do acts affecting their legal position very frequently do not do this themselves but through others. Applications of the law of agency are pervasive throughout the law: they are not confined to professional agents, nor to commercial law. This unit will seek to examine the general principles by which one identifies an "agent" and the consequences of that position, and will then pay particular attention to the specific agency doctrines of apparent authority, ratification, warranty of authority and the undisclosed principal. It will also take in agency applications of fiduciary doctrine. It will also take in relevant but less central applications of agency doctrine in tort and property situations, and the problem as to where it is argued that notice to an agent is notice to the principal. Comparisons will be made with the American Restatement, Third Agency and certain European formulations such as the UNIDROIT Principles of International Commercial Contracts (2004).
LAWS6953 Law of Asset Protection

Credit points: 6 Teacher/Coordinator: Dr David Chaikin Session: Int August Classes: Aug 14, 15 & 21, 22 (8.30-4.30) Assessment: 8000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Asset protection is concerned with the preservation and transmission of property of individuals, families or corporations. It has the broad purpose of minimising legal, business and political risks, by safeguarding assets from seizure, loss and diminution in value. It is concerned with the protection of assets from potential creditors, government expropriation, excessive taxation and catastrophic loss. It is a vital component of tax advice, wealth management and financial planning.
This unit examines the legal aspects of asset protection, from both Australian and international perspectives. It provides a sound understanding of the legal techniques and principles of asset protection. The complex interaction between company law, the law of trusts and property, tax and estate planning laws, bankruptcy and insolvency laws is analysed. The unit focuses on the laws of a select number of offshore jurisdictions, as well as international trust law. It examines the legal impediments and ethics of asset protection. Anti-money laundering rules and the civil and criminal liabilities of trustees and professional advisers are also covered.
LAWS6982 Law of Economic Integration in the EU

Credit points: 6 Teacher/Coordinator: Prof Dr Marc Bungenberg Session: Int March Classes: Mar 19, 20 & 24, 25 (9-5) Assumed knowledge: basic understanding of EU Law Assessment: class participation (10%), 1x6000wd essay (60%), 1xtake-home exam (30%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit of study focuses on some of the most important issues of European Economic Law and examines primary law elements of the European economic system of an "open market economy with free competition". It gives an in depth introduction to the European economic integration, the internal market and economic fundamental rights. After an overview over EU competition law the unit continues with European state aid and public procurement law. This includes the study of the relevant procedures before the EU Commission as well as problems of judicial review. Throughout the entire unit the interrelations with WTO Law conditions - esp. the WTO Agreement on subsidies and countervailing measures and the WTO Agreement on Government Procurement - are paid attention to. The class concludes with a discussion of the external economic relations of the European Union. The lecture is based on the most relevant and current case law of the European Court of Justice. Active participation of all participants is expected, preparatory reading of provided excerpts from textbooks, law journal articles and ECJ cases is necessary.
LAWS6313 Law of Not-for-Profits

Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: structured class participation (25%) and 7500wd essay (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening
The objectives of this unit are to introduce students to the fundamental legal issues raised by the unique status of not-for-profit (NFP) entities. The two basic themes of the unit are the regulation of NFP entities (currently, pursuant to the income tax laws) and the governance of NFP entities (generally a matter for state corporations and other law). This unit will be run in a seminar style.
LAWS6112 Law of Tax Administration

Credit points: 6 Teacher/Coordinator: Ms Celeste Black Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class work (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Tax Administration is a study of the theoretical and practical issues that arise in the administration of the Australian tax system, concentrating primarily on the income tax. The unit of study is structured around the key design features of any system of tax administration, namely ascertainment of liability (particularly self assessment), dispute resolution, and collection and recovery of tax. Particular emphasis will be given to the reforms implemented as a result of the Government's Review of Self Assessment. Wherever relevant, the interaction of administration issues with the substantive provisions of the tax law will be considered. Students should gain an understanding of the foundational rules underlying the administration of the income tax laws and a detailed knowledge of the application of those laws to a variety of common dealings between taxpayers and the tax administration.
LAWS6047 Law of the Sea

Credit points: 6 Teacher/Coordinator: Assoc Prof Tim Stephens Session: Int June Classes: May 29, 30 & Jun 5, 6 (9-5) Assessment: 5000wd essay (60%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The oceans cover two-thirds of the world's surface, and are vital to international commerce, are a store of important living and non-living resources, and provide indispensable environmental services including stabilising the global climate system. This unit reviews the major areas of the law of the sea as it has developed over the centuries. The unit takes as its focus the 'constitution' of the oceans, the 1982 UN Convention on the Law of the Sea and also considers a range of other international conventions and agreements, and current state practice. Each of the major maritime zones is assessed, and there is also a detailed review of several sectoral issues, including the protection of the marine environment, fisheries, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference will be made throughout the unit to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6928 Law, Justice and Development

Credit points: 6 Teacher/Coordinator: Dr Livingston Armytage Session: Int April Classes: Apr 4, 5 & 11, 12 (9-5) Prohibitions: LAWS3478 Assessment: class participation (10%), class presentation (10%), 2x4000wd essays (2x40%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit is compulsory for MLawIntDev students and replaced LAWS6928 Law & Economic Development.
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.
LAWS6149 Legal Pluralism in Southeast Asia

Credit points: 12 Teacher/Coordinator: Assoc Prof Simon Butt, A/Prof Salim Farrar Session: Int July Classes: Intro Class: TBA (Sydney) then 7-11 Jul (Indon) & Jul 14-18 (Malay) Assessment: class participation (10%), take-home exam (40%), 8000wd essay (50%) Practical field work: field school in Indonesia/Malaysia Campus: Indonesia Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: This unit will be taught offshore with the cooperation of Gadjah Mada University (Yogyakarta, Indonesia) and International Islamic University (Kuala Lumpur, Malaysia). These institutions will provide guest lecturers. These institutions can be contacted through Assoc Prof Simon Butt and Dr Salim Farrar. Students must register their attendance before enrolling. For further information, please visit http://sydney.edu.au/law/caplus Registration enquiries law.offshore@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
This unit introduces students to the legal systems of Southeast Asia, focusing on Indonesia and Malaysia. The unit surveys a very wide range of topical legal issues from the region - from human rights and development, environmental law, to the practice of commercial law, including Islamic banking. The unit emphasises legal pluralism - that is, the operation of different bodies of law for particular groups in those countries, colonial, national, Islamic and customary law - and compares how countries in Southeast Asia have handled it.
LAWS6252 Legal Reasoning & the Common Law System

Credit points: 6 Teacher/Coordinator: S103 (Group A) & S104 (Group B): A/Prof Belinda Smith and S108 (Group C) & S109 (Group D): Mr Michael Skinner Session: Int April,Int August,Int March,Int Sept Classes: S103 (Group A): Mar 4-7 (9-5), S104 (Group B): Mar 21, 22 & Apr 11, 12 (9-5), S108 (Group C): Jul 29-31 & Aug 1 (9-5), S109 (Group D): Sep 5, 6 & 19, 20 (9-5) Prohibitions: LAWS6881 Assessment: in-class test (25%) and take-home exam (75%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: International students who are required to enrol in this unit must undertake classes during the first week of their study. Health Law and Public Health students should enrol in LAWS6881 Introduction to Law for Health Professionals in lieu of LAWS6252, if available. This unit is not available to MLawIntDev students who have been granted a reduced volume of learning. Students must attend all classes on the timetabled dates as prescribed for their enrolled session/group. An Absent Fail grade may be granted to students who fail to attend the correct session/group.
This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Global Law; Master of Health Law; Master of International Business and Law; Master of Labour Law and Relations; Master of Law & International Development as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.
LAWS6077 Legal Research 1

Credit points: 6 Teacher/Coordinator: Em Prof Terry Carney Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class participation (10%) and 4000-6000wd essay (60%) and critical analysis of another student's research strategy essay (30%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Core unit for all research degree students. The unit must be undertaken within the first year of candidature. It is not available to coursework students.
The primary goal of this unit is to develop skills in undertaking a significant piece of legal research at levels of sophistication suitable for examination (in case of thesis students), and/or publication. At the conclusion of the unit it is anticipated that members of the class will be able to conceptualise the issues to be researched; will be able to locate relevant legal and other materials (using both hard copy and electronic bibliographic aids); will be able to place and sustain an argument (a 'thesis'); and will be able to assess both the quality of that work and to judge the merits of other approaches to planning such research. It is expected that students will become familiar with using comparative materials (both within the federation and international), and will gain a working familiarity with relevant research techniques of other disciplines in the social sciences. The unit aims to encourage debate about the respective merits of different approaches, ethical issues, and the hallmarks of 'quality' research.
LAWS7001 Legal Research 2

Credit points: 6 Teacher/Coordinator: Em Prof Terry Carney Session: Semester 2 Classes: 1x2-hr lecture/week Prerequisites: LAWS6077 Assessment: class participation (30%) and preparation of an approved foundation chapter (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Core unit for PhD and SJD students.
The unit will cover the following topics: higher degree research - students, supervisors and the faculty; refining your thesis - lessons from the strategy; developing/locating your thesis - lessons from the strategy; comparative law techniques; using international law materials; using historical materials/methods; conceptualising and researching the law in action; narratives, interviews, case-studies and other 'selective' forms of analysis; quantitative research methods - common pitfalls; quantitative research methods - forms of presentation and analysis; current problems in research & presentation; current problems II; and overview and review.
LAWS7002 Legal Research 3

Credit points: 6 Teacher/Coordinator: Dr Andrew Edgar Session: Int August Classes: Students are required to attend an initial meeting as scheduled on the timetable. Two other sessions (including one day presentation given by students) will be decided at this meeting. Prerequisites: LAWS6077 and LAWS7001 Assessment: Seminar presentation on an aspect of the student's thesis; a written outline of goals for the unit and written reflection on achievements during the unit and reading, commenting on and providing written feedback on a chapter of the thesis of another class member. The unit will be assessed on a pass/fail basis. Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for PhD and SJD students.
This unit provides students who are nearing the end of the process of writing their thesis with the support and resources to assist them to complete in a timely manner. It provides opportunities for participants to refine and improve their writing by exposing central ideas from their theses to constructive criticism by colleagues; to develop the skills of presentation of scholarly work in an academic setting; to provide access to a group of people who are all engaged in completing theses and who can provide informed support. The unit can be tailored to the needs of individual students.
LAWS6821 Mediation - Skills and Theory

Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin, Mr Garth Brown Session: Int November Classes: Oct 31 & Nov 1, 7, 8 (9-5) Prohibitions: LAWS6935 Assessment: class and role play participation evidenced by reflective journal (formative assessment) (30%) and 5000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Students enrolling in this unit need to commit themselves to attending all classes. The skills learning takes place in class and skills are built incrementally from the beginning to the end of the unit. Students cannot catch up on elements they have missed by doing reading outside class - they must participate in all scheduled sessions. If students have a problem with attendance, they should postpone enrolling or transfer to another unit by the relevant census date. This unit has a restricted class size.
This unit will teach you the fundamental skills and theory of mediation. The skills component of the unit is extensive and is the reason for the limited enrolment. The unit is designed to enable interested students to progress to accreditation as mediators (additional external study with coaching and assessment will be required) and the content of the unit is designed to meet the content requirements of the National Mediator Accreditation System. In particular the content of the subject is designed to explore the competency areas required for accreditation and the knowledge, skills and ethical understanding competency framework set out in the National Mediator Accreditation Standards. However, mediation is not simply a procedural template that can be learned and applied to every dispute with benefit. It raises interesting and complex issues of theory and ethics, which will be integrated with the skills components of the unit. Issues of culture, power, mediator neutrality and ethical dilemmas for the mediator will be considered.
Textbooks
Tania Sourdin, Alternative Dispute Resolution (4th ed) 2012 Thomson Reuters
LAWS6877 Mental Illness: Law and Policy

Credit points: 6 Teacher/Coordinator: Adj Prof Duncan Chappell Session: Int Sept Classes: Sep 1, 2 & 8, 9 (9-5) Assessment: 3000wd assignment (40%) and 4500wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.
LAWS6864 New Tech, Risk and Environmental Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Prof Johannes Somsen Session: Int Sept Classes: Sep 10-13 (9-5) Assessment: class participation (20%), 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6864 Genetically Modified Organisms & the Environment.
The objective of this unit of study is to assess the regulation of new technologies from a risk regulation and Environmental Law perspective. Key questions that are elaborated include: What is regulation, who are the regulators and who are the regulatees?; what is the ideal-type of regulatory environment?; how do regulators engage with risk?: the precautionary principle; how are ideas of the possibility of impending catastrophe likely to affect the balance between legitimacy and effectiveness? Ethical and human rights principles are also discussed. The technologies analysed include GMOs, chemicals and geoengineering. A comparative analysis of how these technologies are regulated in the European Union, the United States and Australia is included.
LAWS6956 Personal Property Securities

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken, Prof John Stumbles Session: Int August Classes: Aug 1, 2 & 8, 9 (9-5) Assessment: 3000wd assignment (30%) and take-home exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit analyses the Personal Property Securities legislation, drawing attention to how it has changed the pre-existing law regulating the rights of secured creditors. The unit focuses on the concepts of security, attachment and perfection. It examines the nature of security interests regulated by the legislation, together with the registration, priority and enforcement regimes. In discussing the Australian position, the unit compares similar legislation in Canada and New Zealand.
LAWS6308 Philosophy of Law

Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Int July Classes: Jul 14, 15 & 17, 18 (9-5). Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml Assessment: class participation (20%) and take-home exam (80%) Campus: Germany Mode of delivery: Block Mode
Note: Department permission required for enrolment
The main objective of this unit is to provide a critical understanding of the fundamental principles of legal theory and philosophy of law. The unit will discuss, in particular, the concept of law, the notions of obligation, authority, and legitimacy of law; the main theories of legal interpretation; the special role of the concept of "rights" in legal theory, and the principles determining the moral limits of legal coercion.
LAWS6950 Plain English in Legal Writing

Credit points: 6 Teacher/Coordinator: Em Prof Peter Butt Session: Semester 1b Classes: Apr 28, 29 & May 1, 2. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml Assumed knowledge: undergraduate law degree, completed legal studies as part of a business or commerce degree or LAWS6252 Assessment: class participation, including drafting assignments (20%) and 4000wd assignment (40%) and 4000wd substantial drafting exercise (40%) Campus: United Kingdom Mode of delivery: Block Mode
Note: Department permission required for enrolment
This unit looks at the role of plain English in legal writing, with particular emphasis on contract drafting, property documents, statutes, and advice-writing. It examines the reasons for the 'traditional' style of legal writing, the research into the advantages and disadvantages of plain English, and the techniques for writing law in plain English. Particular topics include the assumptions behind using plain English in law, the problems with terms of art and judicially-defined words and phrases, the causes of ambiguities in legal documents, and aspects of document design.
LAWS6836 Precedent, Interpretation & Probability

Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Birch Session: Semester 2 Classes: 1x2-hr lecture/week Prohibitions: JURS6028, JURS6029 Assessment: 7500wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit will examine a number of contemporary debates regarding the nature of legal reasoning. The unit will examine the status of the modern doctrine of precedent and the current state of the Hart/Dworkin/Fish debate in regard to the nature of precedential reasoning. The unit will examine contemporary semantic theory and philosophy of language, and the contribution those fields can make to a proper understanding of the interpretation of legal texts. The unit will also examine the relationship between legal reasoning and moral reasoning and the new legal positivism of writers such as Goldsworthy and Shapiro. In a final segment, the unit will examine legal reasoning in regard to matters of fact, and the current debate as to whether legal fact finding can be modelled using Bayes' theorem and probability theory.
LAWS6873 Principles of Intellectual Property

Credit points: 6 Teacher/Coordinator: Mr Fady Aoun Session: Int July Classes: Jul 11, 12 & 25, 26 (9-5) Prohibitions: LAWS3480, LAWS3479, LAWS5180, LAWS5179, LAWS6854 and students who have previously completed an equivalent undergraduate or postgraduate unit in intellectual property Assessment: 1hr in-class tests (2x20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6873 Intellectual Property: Principles and Context (formerly LAWS6854 Introduction to Intellectual Property).
This introductory unit is designed for students who have not previously undertaken any formal study of Intellectual Property. The unit will cover the fundamentals of law and theory in the main areas of contemporary intellectual Property: copyright, patents and trademarks.
Textbooks
Stewart, A, Griffith, P, Bannister, J Intellectual Property In Australia (4th ed, 2010) LexisNexis
LAWS6257 Public Policy

Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Int Sept Classes: Sep 12, 13 & 26, 27 (10-5) Prohibitions: LAWS6139, LAWS6042, LAWS6113 Assessment: problem-based assignment and class presentation of a case study (10%) and 5000wd essay (90%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Core unit for MALP students.
The aim of the unit is to provide an understanding of the role of government policy within the analytical framework of welfare economics. Questions of central interest include: What are the conditions that justify government intervention? How can policies be designed to support basic principles of social justice? What kinds of reforms promote economic efficiency? Applications will range from taxation and social security to environmental regulation and protection, and will cover the following specific topics: The structure of the Australian tax-benefit system; Uncertainty and social insurance; Unemployment, health and retirement income insurance; Externalities, environmental taxes and tradeable permits; Monopoly and environmental regulation; Utility pricing and access problems; Cost benefit analysis, intergenerational equity and growth. The unit will provide an overview of the main empirical methodologies used in evaluating policy reforms in these areas. Students may select to specialise in one or more of the policy areas.
LAWS6317 Regulation of Corporate Crime

Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Int May Classes: May 9, 10 & 23, 24 (9-5) 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%), 5000wd essay (55%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6944 Regulation of Mkt Manipulation & Abuse

Credit points: 6 Teacher/Coordinator: Dr Greg O'Mahoney Session: Int August Classes: Aug 16, 23 & Sep 20, 27 (9-4) Assessment: class participation (20%), presentation (20%) and 5000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6944 Manipulation and Abuse in Global Securities Markets.
This unit aims to introduce students to key concepts at the heart of capital market regulation focusing on practices that threaten the integrity of global securities markets. The unit focuses on recent developments (including high profile prosecutions for market abuse) in Australia and the United States while selecting other jurisdictions (most notably China, India, South Africa, Brazil, Europe and Hong Kong) that are relevant to the different subjects considered. The topics addressed will include: market manipulation, insider trading, non-disclosure and fraud-on-the-market, penalties, regulation of hedge funds and developments in emerging markets.
LAWS6888 Risk, Fear and Insecurity

Credit points: 6 Teacher/Coordinator: Assoc Prof Murray Lee Session: Int August Classes: Aug 15, 16 & 29, 30 (9-5) Assessment: topic summary (compulsory but not assessed) and 3000wd essay (40%) and 4000wd policy assessment assignment (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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
LAWS6247 Securities and Markets Regulation

Credit points: 6 Teacher/Coordinator: Adj Prof Justice Ashley Black Session: Int January Classes: Jan 13-17 & 20 (2-6) Assumed knowledge: law degree with good background in Australian corporate law Assessment: 7000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6247 Australian Financial Services Regulation.
This unit examines the structure and regulation of markets for financial products, with particular emphasis on corporate securities, following the introduction of the Financial Services Reform Act. The study is primarily a legal analysis, but also explores some financial theory relevant to legal response to market operation. Particular topics covered include: structures, institutions and participants in Australian financial products markets and current developments in such markets; co-regulation of financial products markets, including the role and powers of the Australian Securities and Investments Commission and Australian Stock Exchange; the licensing of financial services professionals; the conduct of securities business, including the legal structure of stock exchange transactions and the incidents of the broker-client relationship; abusive trading on financial products markets, including market manipulation and insider trading.
LAWS6957 Shareholders' Remedies

Credit points: 6 Teacher/Coordinator: Adj Prof Elizabeth Boros Session: Int January Classes: Jan 21-24 (9-5) Assumed knowledge: law degree with good background in Australian corporate law Assessment: class participation (10%), in-class test (to be conducted on the final day of the unit) (20%) and 5600wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The unit objectives are: Examine the common problems experienced by members of various types of company; Understand strategies for preventing or remedying those problems without recourse to litigation; Understand the litigious remedies available to combat those problems; and Explore likely trends for future development of the law. The unit examines shareholders' remedies, exploring both litigious and non-litigious remedies. Litigious remedies include: class actions and recent developments in derivative litigation, as well as oppression, winding up, alteration of the constitution, dilution of equity stakes and compulsory acquisition of minority shareholdings. Non-litigious remedies include: the role of advance planning, drafting issues in relation to shareholders' agreements and constitutional provisions, and the scope for activism by institutional and retail shareholders in listed public companies.
LAWS6008 Takeovers and Reconstructions

Credit points: 6 Teacher/Coordinator: Dr R P Austin (Coordinator) Session: Semester 1 Classes: 1x2-hr lecture/week Assumed knowledge: presumption of law degree with corporate law knowledge Assessment: 2 x class assignments (20%) and 2hr open-book exam (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit will involve detailed study of the requirements of chapters 6A, 6B and 6C of the Corporations Act with respect to the acquisition of company shares and takeovers. It will also examine selected aspects of the law concerning corporate reconstruction where a change of control is involved (including schemes of arrangement, selective reductions of capital and other forms of compulsory acquisition of minority holdings). The unit is taught by lawyers with extensive experience in takeovers and reconstructions.
LAWS6965 Tax Avoidance and Anti-Avoidance

Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Int Sept Classes: Aug 27-29 & Sep 1, 2 (9-3.30) Assessment: 2500wd class assignment (30%) and 2hr exam or 7000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit examines the pervasive phenomenon of tax avoidance, and the design (and effectiveness) of common judicial and legislative responses to it. The unit starts by deconstructing typical examples of avoidance to elicit the common design features of avoidance practices. We will also examine the inter-relationship between the process of statutory interpretation and the opportunities for avoidance. A particular focus of the unit will be on the scope and operation of Australia's general anti-avoidance rule (Part IVA), but the unit will also consider the various judicial anti-avoidance doctrines and some of the specific anti-avoidance rules found in Australia's tax legislation. The unit will also consider the kinds of approaches to tax avoidance and the anti-avoidance regimes employed in other countries. Finally, the unit will examine some of the procedural regimes used to curb the offering of tax avoidance products to taxpayers.
LAWS6107 Tax Litigation

Credit points: 6 Teacher/Coordinator: Ms Chloe Burnett Session: Int April Classes: Apr 9-11 & 14, 15 (9-3.30) Assessment: 3000wd assignment (35%) and 2hr exam (65%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Thousands of tax disputes arise each year in Australia. This unit aims to equip students with the skills to assist in resolving those disputes, both disputes which go before a court or tribunal and those which are resolved earlier. The unit covers information gathering processes open to the Commissioner of Taxation and taxpayers, the assessment and objection process, review by the Administrative Appeals Tribunal, tax "appeals" directly to the Federal Court, appeals to the Federal Court, Full Court and High Court, state tax litigation in the NSW Supreme Court and NSW Civil and Administrative Tribunal, other non Part IVC proceedings (such as administrative and Constitutional challenges, tax debt recovery, promoter penalties, garnishee notices, hardship release and preference proceedings) and alternative dispute resolution. The general topics of legal professional privilege, the rules of evidence, preparing expert evidence and the difference between questions of law and questions of fact or mixed questions are explored as they relate to tax litigation. A guest lecture is usually given by a Federal Court Judge, an Administrative Appeals Tribunal member or both, and there is a skills lecture on written advocacy in tax disputes.
LAWS6177 Tax Treaties

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Int May Classes: May 21-23 & 26, 27 (9-3.30) Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6946 Tax Treaties Special Issues

Credit points: 6 Teacher/Coordinator: S106 (UK): Prof Richard Vann, Ms Joanna Wheeler and S111 (Sydney): Prof Brian Arnold Session: Int June,Int November Classes: S106 (UK): Jun 13, 16, 18 & 20 (10-5.30). Please visit the Sydney Law School in Europe website. S111 (Sydney): Oct 27-31 (9-3.30) Assessment: S106 (UK): take-home exam (100%) and S111 (Sydney): 2hr exam or 8000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Int June
This unit of study considers a number of specialised topics in the area of tax treaties, largely reflecting the work of the OECD and United Nations on tax treaties currently and in the last decade. Topics covered include a selection of: OECD and UN policy development processes, the new Article 7, business restructures and intangibles, high value services, expatriates, superannuation and pensions, entities (companies, partnerships, trusts and collective investment vehicles), beneficial ownership, triangular cases, conflicts of qualification, non-discrimination, tax avoidance and treaties, base erosion and profit shifting, dispute resolution and international administrative cooperation.
LAWS6127 Taxation & Regulation of Superannuation

Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Semester 1 Classes: 1x2-hr lecture/week Prohibitions: LAWS6213 Assessment: 3000wd assignment (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit offers a detailed examination of the regulatory and tax rules affecting the superannuation industry in Australia. The unit will analyse the statutory regulatory framework and the background rules of trust law, how they apply to different industry segments such as SMSFs, APRA regulated funds and constitutionally-protected funds, and how they affect issues such as fund structure and management, duties of trustees, benefit types, investment strategies, the resolution of disputes and so on. The unit will also consider in detail how the income tax, FBT and SGC regimes apply to amounts flowing into and out of the superannuation system (contributions, fund income and expenses, and benefits provided in various forms) for the various participants in the industry (employers, trustees, members, their dependents and estates, external providers). The unit will be taught through the analysis of a series of case studies discussed in detail in each seminar.
LAWS6125 Taxation of Corporate Finance

Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit will analyse the current law on the tax treatment of the principal forms of raising corporate finance from sources both in Australia and offshore, in Australian and foreign currencies, and of hedging the various exposures that a taxpayer may have from of its fund-raising and investments. The unit will consider the taxpayer's position both within and outside the TOFA regime. Common forms of innovative financial instruments will be examined, including debt, equity and hybrid instruments, forward and futures contracts, derivative instruments, and various asset-based forms of corporate financing. Selected non-resident withholding tax issues will be examined.
LAWS6244 Taxation of Corporate Groups

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The object of this unit is to examine the policy and practical issues that arise in the tax consolidation regime in Australia. The unit covers: policy and history of grouping and consolidation; entry into consolidation; effects of consolidation; exit from consolidation; losses and bad debts in consolidation; and international rules in consolidation including MEC groups.
LAWS6906 Taxation of Financial Products

Credit points: 6 Teacher/Coordinator: Prof Tim Edgar Session: Int August Classes: Aug 20-22 & 25, 26 (9-3.30) Assessment: take-home exam or 7000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
This unit of study examines the tax treatment of a range of current financial instruments, from the perspective of both the investor and issuer. The focus of the unit is on retail products currently offered in the domestic market to households and superannuation funds, and includes an introduction to the taxation issues from financial engineering. The instruments will change each year but will include a variety of: debt-based products such as loan products with offset accounts and re-draw facilities, index-linked bonds, margin loans, capital protected borrowings and reverse mortgages; equity-based assets such as deferred purchase agreements and instalment warrants; market-based investments such as contracts for difference and exchange-traded futures; and insurance products such as purchased annuities and various forms of life assurance.
LAWS6892 Taxation of Mergers and Acquisitions

Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Int Sept Classes: Sep 17-19 & 22, 23 (9-3.30) Corequisites: LAWS6030 Assessment: 3000wd assignment (30%), 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The unit will focus on the tax issues arising on the takeover or re-organisation of a corporation. Unique and complex tax issues arise for the corporation, its existing shareholders and, in the case of a takeover, its acquirer. These issues will influence the method of effecting the transaction, the method of financing it and indirectly the price paid. For takeovers, the unit will examine the impact of a takeover on the various tax attributes of the target company, the computation of its income in the year of change, the recovery of its losses and the limits on losses available to shareholders because of the anti-duplication rules. We also consider how the tax system might influence the method of financing the takeover. The unit will also examine the impact for shareholders and the corporation of undertaking the merger of two or more corporations. The unit will also examine the impact for shareholders, intermediaries and the corporation of the de-merger of a corporation from a group of corporations. For reconstructions, the unit will examine the impact for shareholders and the corporation of selected transactions: conversion into corporate form, change of corporate form and the re-capitalisation of a corporation.
LAWS6118 Taxation of Partnerships and Trusts

Credit points: 6 Teacher/Coordinator: Prof Richard Vann, Adj Prof Karen Rooke Session: Int Sept Classes: Sep 10-12 & 15, 16 (9-3.30) Assessment: in-class assessment (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The objective of this unit is to examine the policy and practical issues that arise in Australia by virtue of the rules for the taxation of income derived through unincorporated entities. The focus is on partnerships, corporate limited partnerships, trusts, unit trusts, deceased estates, corporate unit trusts and public trading trusts. The goals of the unit are to develop a detailed understanding of the policies, technical rules and practical problems involved in the taxation of these arrangements. Upon successful completion of this unit, students should have an advanced understanding of the technical rules underlying the taxation of partnerships and trusts in a variety of forms and in a variety of commercial situations. The unit covers: problems of taxing entities, partnerships and trusts contrasted with companies; classification of entities for tax purposes; taxation of partners; taxation of trusts other than unit trusts and their beneficiaries; taxation of unit trusts and their beneficiaries; taxation of limited partnerships, income splitting and assignment involving partnerships and trusts.
LAWS6840 Tax of Business and Investment Income A

Credit points: 6 Teacher/Coordinator: S1 (Law School): Prof Michael Dirkis, S103 and S7 (Taxation Training Program): Ms Celeste Black Session: Int March,Semester 1,Semester 1a Classes: S1 (Law School): 1x2-hr lecture/week, S103 and S7 (Taxation Training Program) Assessment: class work (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Int March,Semester 1a
This unit, along with LAWS6841 Taxation of Business and Investment Income B, is designed to provide an advanced study of the tax treatment of various important business transactions. It provides a detailed examination of the income tax and capital gains treatment of selected complex commercial transactions and their impact on the tax base. The goal of the unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems discussed in each seminar. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable. The unit will cover the following topics: core income and expense rules and operational concepts underlying the income tax system; treatment of realised business income and the differentiation of capital gains; treatment of business expenses and the differentiation of expenses recoverable under depreciation, CGT or not at all; issues in the treatment of trading stock; issues in the tax treatment of the costs (and revenues) associated with business equipment and intangibles. This unit can be taken alone or in conjunction with LAWS6841 Taxation of Business and Investment Income B.
LAWS6841 Tax of Business and Investment Income B

Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Int August,Semester 2,Semester 2a Classes: S2 (Law School): 1x2-hr lecture/week and S9, S108 (Taxation Training Program) Assessment: class work (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Department permission required for enrolmentin the following sessions:Int August,Semester 2a
This unit, along with LAWS6840 Tax of Business and Investment Income A, is designed to provide an advanced study of the income and capital gains tax treatment of various complex commercial transactions. The goal of this unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems that will be discussed in the seminars. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable.
This unit will cover the following topics: issues in business financing, including asset leasing; tax issues related to the use and development of land and buildings; the treatment of 'black hole' expenses; tax accounting for income, expenses and profits; and specific and general anti-avoidance rules. This unit can be taken alone or in conjunction with LAWS6840 Tax of Business and Investment Income A.
LAWS6976 The Causation Element

Credit points: 6 Teacher/Coordinator: Assoc Prof David Hamer Session: Int May Classes: May 2, 3 & 16, 17 (9-5) Assessment: 4500wd essay (50%) and 1500wd take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The focus in this unit is on causation as an element in civil claims and criminal offences - the plaintiff must prove the defendant's breach caused the plaintiff's damage; the prosecution must prove that the defendant's act/omission caused the victim's death. We will examine competing definitions and conceptualizations of causation - over determination and the limits of the but/for notion; the extent to which it is possible to separate factual and legal causation; common sense versus conceptual analysis. We will also consider special proof rules that are being developed to address the difficulties causation presents - loss of chance, material contribution, presumed causation (following proof of breach).
LAWS6119 The State and Global Governance

Credit points: 6 Teacher/Coordinator: Dr Jacqueline Mowbray Session: Int Sept Classes: Sep 12, 13 & 26, 27 (9-5) Assessment: 1000-2000wd critique of a selected reading (25%), 250wd essay abstract and one page reading list (10%) and 5000-6000wd essay (65%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Note: This unit replaced LAWS6119 Theories of International Law. Master of Law and International Development students may undertake this unit as an elective or capstone unit.
This unit explores ways in which international affairs are governed on a global scale, the significance of international law in that governance, and the roles and capacities of states within global governance. In doing so, the unit introduces students to a range of historical and contemporary approaches to understanding the role of law in international affairs. Students will have an opportunity to consider these issues in relation to current events of global import. For these purposes, both an interest in international affairs and familiarity with the principles and institutions of public international law are desirable. The sorts of questions with which the unit is concerned may include the following: Does global governance comprise a system and, if so, what are its critical features? What is the role of states in this system? In what sense is this system lawful? Is global governance democratic? What is the role of violence in the contemporary global order? How does/should international law seek to address pressing transnational issues, such as poverty, environmental degradation, global health threats and human rights abuses?
LAWS6940 Theories of Law

Credit points: 6 Teacher/Coordinator: Dr Kevin Walton Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class participation (20%), 8000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit seeks to facilitate critical reflection on prominent responses of theorists to a single question: what is law? Among the notions to which their answers refer (and on which the unit focuses) are the following: power, norms, rules, principles, convention, morality, adjudication and interpretation.
LAWS6316 Theories of the Judiciary

Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: class presentation (20%) and 7500wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Evening
The judge has long been an important legal actor in common law countries, but over the past several decades, there has been a rise in judicial power globally, with the proliferation of constitutional courts and the strengthening of judiciaries in countries around the world. This seminar will consider views in jurisprudence which examines the judge, the activity of judging, and the proper role of the judiciary within a legal system and a just society more generally. Among the goals of the seminar are to determine the nature of judicial obligation, how judges ought to decide cases, the arguments for and against judicial review, the role of the judiciary in establishing and maintaining the rule of law, and the relation between the business of courts, politics, and morality.
LAWS6123 Transfer Pricing in International Tax

Credit points: 6 Teacher/Coordinator: Ms Melissa Heath Session: Int May Classes: Apr 30, May 1, 2 & 5, 6 (9-3.30) Assessment: 3000wd assignment (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The unit examines transfer pricing law and practice in Australia and globally. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the revised OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 2010 and the ongoing projects, the rewrite of the Australian transfer pricing legislation, and the substantial transfer pricing rulings program of the Australian Taxation Office, have together significantly increased the international and Australian materials available on the law and practice in transfer pricing. Students will gain an understanding of the policy, and detailed application of transfer pricing rules within Australia and an understanding of the international framework.
LAWS6109 UK International Taxation

Credit points: 6 Teacher/Coordinator: Adj Prof Malcolm Gammie Session: Int August Classes: Aug 13-15 & 18, 19 (9-3.30) Assessment: take-home exam or 7000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6844 US Corporate Law

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Int February Classes: Feb 20, 21 & 27, 28 (9-4) Assessment: class participation (10%) and quiz (20%) and essay or exam (70%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The objectives of this unit are: understand the history, structure and operation of US corporate law and corporate governance; to examine the common law, statutory provisions; and to explore the tension between state and federal law, including recent regulatory developments under the Sarbanes-Oxley Act 2002 and the Dodd-Frank Act 2010. Specific issues discussed in the course include the "race to the bottom" vs "race to the top" hypotheses; the US approach to veil-piercing; the governance role of shareholders under US law; directors' duties, including the duty of care and the duty of loyalty; the operation of the business judgment rule; derivative litigation; the law relating to closely held corporations; judicial review of tender offer defences.
LAWS6171 US International Taxation

Credit points: 6 Teacher/Coordinator: Prof Ethan Yale Session: Int May Classes: May 14-16 & 19, 20 (9-3.30) Assessment: 2hr exam (100%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6191 Water Law and Climate Change

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Int November Classes: Oct 24, 25 & 31 & Nov 1 (9-5) Assessment: class participation (20%) and 7000wd essay (80%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: This unit replaced LAWS6191 Water Law
This unit of study situates the management of Australia's water resources within an International Law context including the United Nations Framework Convention on Climate Change, International Water Law principles and an internationally recognised human right to water. The unit examines the ecologically sustainable management of water resources in the context of climate change, with Australia being the driest inhabited continent. According to the Garnaut Climate Change Review, climate change could halve the productive capacity of the Murray Darling Basin, which produces one third of Australia's food supply, by 2050. In May 2012, the Murray Darling Basin Authority released the controversial Draft Basin Plan which proposes to allocate more water for the environment. At the same time, the Council of Australian Governments is pursuing a decade long process of water reform to establish a national water trading market by 2014. Consequently, the unit examines water resource management from the interdisciplinary perspectives of law, science and within the context of broader economic reform and the National Competition Policy framework. The corporatisation of water utilities and competition in the water service market is also discussed. Key legislation covered are the Water Act 2007 (Cth) and the Water Management Act 2000 (NSW).
LAWS6315 White Collar and Corporate Crime

Credit points: 6 Teacher/Coordinator: Adj Prof Russell Hogg Session: Int October Classes: Sep 26, 27 & Oct 17, 18 (9-5) Assessment: 6000wd essay (70%) and take-home exam (30%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The unit will expose students to the significant body of criminological theory, research and critical debate on white collar and corporate crime. Students will first be introduced to the historical and conceptual controversies on the status of white collar and corporate crime as objects of criminological knowledge. Different traditions of research and theorizing in the area will then be examined, along with their implications for legal regulation and punishment.
LAWS6096 Work Safety

Credit points: 6 Teacher/Coordinator: Prof Richard Johnstone Session: Int February Classes: Feb 7, 8 & 21, 22 (9-5) Assumed knowledge: LAWS6252 or a law degree (GradDipPubHL and MLLR students) and LAWS6071 (MLLR students) Assessment: class participation (10%), 3000wd essay (40%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
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.
LAWS6122 Workplace Bargaining

Credit points: 6 Teacher/Coordinator: Assoc Prof Shae McCrystal Session: Semester 1 Classes: 1x2-hr lecture/week Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: class participation and presentation (25%) and 6000wd essay (75%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
The unit will explore the workplace bargaining model under the Fair Work Act 2009 (Cth) within the context of models of collective bargaining used in overseas jurisdictions and Australia's international obligations.
The unit will look at the history of collective bargaining in Australia before examining the legislative framework of agreement making, including the legal rules applicable to making and approving enterprise agreements.
The unit will examine the rules that pertain to the process of negotiating an agreement, including the circumstances when an employer can be required to engage in collective bargaining and the good faith requirements that apply during bargaining.
The unit will also consider the rules that regulate industrial conflict including protected industrial action, unprotected industrial action and dispute resolution, before considering the difficulties of engaging in collective negotiations outside of the formal legislative framework.
LAWS6305 Workplace Investigations

Credit points: 6 Teacher/Coordinator: A/Prof Belinda Smith (Coordinator), Ms Jane Seymour Session: Int April Classes: Intro Class: Mar 25 (6-8) then Apr 11, 12 & May 2, 3 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: class participation including individual in-class exercises (25%) and group in-class exercises (25%) and 3000wd take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size.
Lawyers and HR/IR practitioners are increasingly required to deal with complaints of sexual harassment, bullying and discrimination, and address suspected misconduct such as fraud/theft, violence, and safety and other breaches.
In order to take disciplinary and other action, a proper factual foundation must be established, through a workplace investigation.
This unit of study provides a framework for conducting effective and fair workplace investigations. It provides an overview of the legal risks that arise from poorly conducted investigations and draws relevant principles from current case law, including unfair dismissal decisions and breach of contract cases examining the implied duty of mutual trust and confidence.
We consider how concepts of 'procedural fairness' and 'natural justice' impact each stage of a workplace investigation, including: Establishing the scope of the investigation and particularizing the alleged complaint or misconduct; Preparing an Investigation Plan; Conducting interviews and gathering information; Managing participants, including stand down/suspension; and Evaluating information and making findings, applying the relevant standard of proof.