Units of study A-E

Sydney Law School postgraduate units of study A-E

LAWS6011 Administrative Law

Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Intensive April Classes: Mar 23, 24 and Apr 20, 21 (9-5) Prohibitions: LAWS2010, LAWS5010 Assumed knowledge: undergraduate law degree or LAWS6252 (core unit for MALP and Environmental Law students) Assessment: 7500wd essay or 2 x 3750wd essays (100%) Mode of delivery: Block mode
Note: Core unit for MALP students. Students who do not hold a law degree from a common law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before undertaking other law units.
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.
LAWS6947 Advanced Obligations and Remedies

Credit points: 6 Teacher/Coordinator: Prof Barbara McDonald, Prof Elisabeth Peden Session: Intensive July Classes: Jul 9, 10 and 12, 13 (9-5) Assumed knowledge: Available to law graduates only Assessment: Option 1: case note (20%) and 6000wd essay (80%) or Option 2: 8000wd essay (100%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful pre-enrolment registration. For further information, please visit http://sydney.edu.au/law/offshore/index.shtml.
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.
LAWS6141 Asia Pacific Environmental Law

Credit points: 6 Teacher/Coordinator: Dr Saiful Karim, Dr Manuel Solis Session: Intensive August Classes: Aug 22-25 (9-5) Assessment: class participation (20%), 7000wd essay (80%) Mode of delivery: Block mode
In this unit, the environmental law and policy of selected countries and regional organisations in the Asia Pacific will be studied against the background of relevant international environmental law and institutions. Unit topics will be divided into four sub-regions: Pacific Island Developing Countries; South East Asia Region (ASEAN and Mekong countries); North Asian Region (Japan, People's Republic of China); South Asian Region (South Asian Association of Regional Cooperation [SAARC] Countries). In relation to each region, the implications of international and regional environmental law and institutions will be explored, followed by country specific case studies involving a range of issues such as biodiversity, access to modern energy services, natural resources and environmental planning; industrial pollution; environmental impact assessment; climate change; and protection of the marine and coastal environment. Case studies on regional environmental issues such as ASEAN Haze will also be included.
LAWS6209 Australian International Taxation

Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Semester 2 Classes: 1x2-hr lecture/week. The first class will start on 25 July 2017, 6-8pm. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of other foundation units such as LAWS6840 Taxation of Business and Investment Income A and LAWS6841 Taxation of Business and Investment Income B will provide students, without such knowledge or work experience, with additional knowledge and skills that will assists in successfully completing this unit. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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 and transfer pricing. This advanced 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 focuses on the international tax rules in Australia's domestic law. Although the role of double tax treaties is introduced, double tax treaties are 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: Assoc Prof Ed Couzens Session: Intensive April Classes: Apr 13, 14 and 20, 21 (9-5) Assessment: class presentation and 2000wd essay (25%) and 6000wd (75%) Practical field work: If possible, an appropriate practical component (along field trip lines) will be added to give further insight. Mode of delivery: Block mode
Biological diversity is the variability among living organisms and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems. Aside from whatever intrinsic value it may possess, biodiversity is crucial to support human life and welfare. Australia is fortunate to have some of the world¿s most complex and unique biodiversity - unfortunately, also to have one of the highest rates of extinction and loss of biodiversity. Despite a sophisticated system of environmental governance and a relatively high degree of environmental awareness, biodiversity continues to decline rapidly in Australia. This unit will consider the international legal regime related to the protection of biodiversity; how international instruments are incorporated into (or otherwise affect) Australia¿s regime; and the operation of Australia¿s regime at both national and state levels (the latter, particularly in NSW) - and will include consideration of various threats to biodiversity, different protection options (in situ and ex situ), and how biodiversity-related considerations affect and are affected by other Environmental Law fields
LAWS6105 Child Sexual Abuse: Diverse Perspectives

Credit points: 6 Teacher/Coordinator: Assoc Prof Rita Shackel, Prof Judith Cashmore Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: 4500wd essay (60%) and critical review comprising oral presentation (20%) and written paper (20%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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: Intensive May Classes: May 2-4 and 7, 8 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: class participation (10%), 1500wd essay (20%) and 2hr exam (70%) Mode of delivery: Block mode
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 Session: Intensive December Classes: Nov 26-Dec 14 Prohibitions: LAWS6857 or LAWS3014 or LAWS3068 or LAWS5368 Assumed knowledge: undergraduate law degree from a common or civil law jurisdiction or LAWS6252 Assessment: 2hr exam to be completed in Shanghai (30%) and 8000wd essay (70%) due in February Practical field work: field school in Shanghai, China Mode of delivery: Block mode
Note: This unit is not available to students who have completed a law degree in the People's Republic of China. 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. Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful pre-enrolment registration. For further information, please visit http://sydney.edu.au/law/offshore/index.shtml.
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 and 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 and Law. There will also be a visit to a Chinese law firm.
LAWS6320 Climate Justice and Disaster Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Intensive September Classes: Aug 31, Sep 1 and 7, 8 (9-5) Assessment: class participation (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: This unit replaced LAWS6320 Climate Disaster Law.
Climate change impacts are already being felt around the world and governments are called upon to reduce greenhouse gas emissions, engage in climate change adaptation and disaster risk reduction, and respond to the loss and damage caused by climate disasters. Climate disasters demand an integration of multilateral negotiations on emissions reduction and adaptation, disaster risk reduction, sustainable development, Human Rights and human security. Via detailed examination of recent law and policy initiatives from developed and developing countries, this unit offers students a unique approach to human and non-human Climate Justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. The role of insurance plays an important part in compensation and risk transfer. The unit of study comprehensively analyses the complexities of climate science, economics and their interfaces with the climate law-and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change (UNFCCC) to the 2015 Paris Agreement.
LAWS6824 Commercial Conflict of Laws

Credit points: 6 Teacher/Coordinator: Adj Prof Andrew Bell, Adj Prof Donald Robertson, Prof Richard Garnett Session: Intensive October Classes: Sep 1, 15 and Oct 19, 20 (9-5) Prohibitions: LAWS6884 Assumed knowledge: undergraduate law degree Assessment: class participation/quiz (20%) and 7000wd essay or assignment (80%) Mode of delivery: Block mode
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 9th ed., 2014
LAWS6333 Commercial Trusts

Credit points: 6 Teacher/Coordinator: Dr Nuncio D'Angelo Session: Intensive October Classes: Sep 21, 22 and Oct 5, 6 (9-5) Assessment: class participation (10%), assignment (40%), 5000wd essay (50%) Mode of delivery: Block mode
Note: Available to students who have previously completed trust law or corporations law as part of an undergraduate law degree.
This unit explores Australian trading trusts and managed investment schemes and the legal position of the investors, trustees and external parties who are involved with them. The use of these trusts is widespread and in aggregate they hold massive wealth. In many senses they operate as surrogate companies but participants do not enjoy the protections provided by the Corporations Act 2001 to those who are involved with companies; their governing regime remains the general law of trusts (with some statutory overlay). Many of the issues are not well understood and sometimes not even identified; even where they are, privately structured solutions are not always effective. The issues acquired prominence in the post-GFC environment as these trusts faced financial distress and litigation. Outcomes have not always been predictable or consistent with participants' expectations and gaps in the law have emerged. This unit builds on conventional trust and company law units by examining, in an applied way, the commercial trust as a modern business association. The material assumes that students have successfully completed at least undergraduate level study of trust law (even if as part of a more general course on property and/or equity) and corporations law.
Textbooks
N D'Angelo, Commercial Trusts, LexisNexis Butterworths, 2014
LAWS6153 Comparative Corporate Taxation

Credit points: 6 Teacher/Coordinator: Prof Peter Harris Session: Intensive August Classes: Aug 8-10 and 13, 14 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: 2hr exam or 7000wd essay (100%) 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 Michael Dirkis, Assoc Prof Celeste Black Session: Intensive March Classes: Mar 21-23 and 26, 27 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: class work (30%) and 2hr exam (70%) 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.
LAWS6264 Compliance: Financial Services Industry

Credit points: 6 Teacher/Coordinator: Adj Prof Kevin Lewis Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: assignment (40%) and 2hr exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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.
LAWS6328 Contract Management

Credit points: 6 Teacher/Coordinator: Ms Anne McNaughton Session: Intensive August Classes: Aug 10, 11 and 24, 25 (9-5) Assumed knowledge: undergraduate law degree or LAWS6991 Assessment: assignment (30%) and take-home exam (70%) Mode of delivery: Block mode
This unit builds on the foundational unit LAWS6991 Fundamentals of Contract Law. It provides students with a detailed treatment of aspects of contract construction; the nature and effect of particular types of contractual terms; equitable and common law remedies; statutory measures having an impact on contracts and contract law (eg statutory unconscionability; misleading or deceptive conduct). Content and learning in this unit is scaffolded onto that of LAWS6991 Fundamentals of Contract Law which is a pre-requisite for this unit.
Textbooks
John Carter, Carter's Guide to Australian Contract Law, 3nd edn, LexisNexis, 2016
LAWS6250 Controlling Liability by Contract

Credit points: 6 Teacher/Coordinator: Prof Elisabeth Peden Session: Intensive February Classes: Feb 9, 10 and Mar 2, 3 (9-5) Assumed knowledge: undergraduate law degree Assessment: compulsory 2500wd essay (25%) and 2hr exam (75%) Mode of delivery: Block mode
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.
LAWS6222 Corporate Governance

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Intensive March Classes: Mar 12, 13 and 21, 22 (9-4) Assessment: general class participation and specialised seminar discussion (20%), class quiz (written) to be held on Day 4 (20%) and essay or take-home exam (60%) Mode of delivery: Block mode
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 Regulation

Credit points: 6 Teacher/Coordinator: Prof Elizabeth Pollman Session: Intensive December Classes: Nov 29, 30 and Dec 6, 7 (9-4) Assessment: general class participation and specialised seminar discussions (20%), written class quiz to be held on Day 4 (20%) and essay or exam (60%) (choice of research mode to be discussed with students) Mode of delivery: Block mode
This unit will cover recent developments in innovation and the law, including disruptive technology and new business models in a range of contexts including the sharing economy, fintech, and more. The unit will also consider the role of trust, the increasing importance of politics in corporate governance, and a range of new global public law issues that have affected the role of the corporation, and the impact of technology, in society. As well as discussing cutting-edge developments in innovation, the unit will discuss challenges for the regulator in staying abreast and ahead of these fast moving changes in society.
LAWS6140 Corp Soc Responsibility: Theory/Pol

Credit points: 6 Teacher/Coordinator: Assoc Prof Ian B Lee Session: Intensive July Classes: Jul 19, 20 and 23, 24 (9-4) Assessment: class participation (15%), assignment (10%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
Today there is an apparent consensus in favour of corporate responsibility, as reflected in instruments such as ASX Principle 3 ("Act ethically and responsibly"), but behind the appearance of consensus lie difficult questions of principle, policy and practical application. This unit aims to equip participants to engage in a sophisticated manner in the analysis of such questions. The seminar is organized around two broad themes. First, the seminar will examine corporate responsibility in the traditional sense of the consideration that corporations may be expected to give to the impact of their activities have on society, even as they strive to earn profits for their shareholders. Topics include environmental responsibility, corporate philanthropy, and the respective roles of directors, managers and shareholders. Second, the seminar will deal with current debates about the rights and responsibilities that arise from corporate personhood, including those concerning corporate criminal responsibility, corporate political participation, and the status of corporations under international law. Participants will learn to work with relevant primary and secondary legal materials, including materials from selected foreign jurisdictions, especially in North America. They will also become familiar with the conceptual tools available from various interdisciplinary perspectives (e.g., law, economics, philosophy, politics) for analysing problems of corporate responsibility.
LAWS6030 Corporate Taxation

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Intensive April,Semester 1a Classes: Session S1CIAP: Apr 4-6 and 9, 10 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of other foundation units such as LAWS6840 Taxation of Business and Investment Income A and LAWS6841 Taxation of Business and Investment Income B will provide students, without such knowledge or work experience, with additional knowledge and skills that will assists in successfully completing this unit. Assessment: in-class test (30%) and 2hr exam or 7000wd essay (70%) Mode of delivery: Block mode, Normal (lecture/lab/tutorial) day
This advanced 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.
LAWS6314 Coastal and Marine Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster, Assoc Prof Ed Couzens Session: Intensive March Classes: Mar 21-24 (9-5) Assessment: Presentation and 2000wd essay (25%) and 6000wd essay (75%) 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.
LAWS6032 Crime Research and Policy

Credit points: 6 Teacher/Coordinator: Prof Judith Cashmore Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class participation (10%), 2000wd research problem (30%) and 4000wd research proposal (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for MCrim and GradDipCrim students and co-requisite for other criminology units.
This unit provides an examination of research methods in the context of criminology. The relationship between theory and methodology is explored. The production of knowledge about crime is critically assessed. Sources and forms of crime data are discussed and their significance is assessed. Research design, evaluation and analysis are also studied.
LAWS6325 Crime, Responsibility and Policy

Credit points: 6 Teacher/Coordinator: Prof Thomas Crofts Session: Intensive September Classes: Aug 17, 18 and Aug 31, Sep 1 (9-5) Assessment: Take-home exam (30%), 5000wd essay (70%) Mode of delivery: Block mode
This unit critically examines the theoretical and policy issues underlying the formulation and implementation of criminal law and the treatment of certain groups by the criminal justice system. Following analysis of the principles of criminalisation and theories of criminal responsibility a number of contemporary topics will be explored to foster an understanding of the policies and pressures that shape criminal law. Such topics include, how the law responds to violence (e.g. one-punch deaths, provocation, duress); sexuality and sex work; sexting by adults and young people; and anti-social behaviour.
LAWS6193 Criminal Justice: Prevention and Control

Credit points: 6 Teacher/Coordinator: Dr Garner Clancey Session: Intensive May Classes: May 4, 5 and 25, 26 (9-5) Assessment: 1500wd seminar paper (35%) and 5000wd essay (65%) 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%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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 studies in criminal law from a common law jurisdiction.
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.
LAWS6997 Cross-Border Deals

Credit points: 6 Teacher/Coordinator: Mr Ronald C Barusch Session: Intensive October Classes: Oct 5, 6 and 12, 13 (9-4) Assumed knowledge: Available to law graduates only. 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: class participation (10%), in-class quiz (10%) and assignment (80%) Mode of delivery: Block mode
This unit is for law graduates 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 relating to overseas securities and corporate laws in cross-border transactions (focusing to a significant extent on US laws and practices). It concentrates on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal. 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 detailed discussion of the process of offering securities in the US and how it can affect non-US offerings in practice, and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M and A concepts and practices, including mergers, break-up fees, poison pills, and proxy fights will be discussed. The remainder of the unit will focus on deal regulation of selected other overseas jurisdictions in which there have been recent activity. We will also examine practical consequences of the regulatory requirements of these jurisdictions, particularly in so far as they relate to M and A, as well as certain subjects that have worldwide applicability. The unit will be taught by a series of seminars, and may include an occasional guest lecture/panel discussion. The purpose of the unit is to assist Australian and other non-US lawyers in: identifying potential cross-border issues; and being creative in solving the challenges that arise in international securities transactions. The lecturer writes the Dealpolitik column for The Wall Street Journal and was for over 30 years a merger and acquisition and securities lawyer in the US (resident for several years in Australia).
LAWS6889 Death Law

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive May Classes: Apr 12, 13 and May 10, 11 (9-5) Assessment: class presentation (20%) and assignment or 7000wd essay (80%) Mode of delivery: Block mode
Western attitudes toward death have undergone a remarkable transformation in the last century. For many, death now takes place in the hospital or the hospice following the decision of a doctor to cease providing treatment. As the management of death has passed from the family to health care professionals, it now makes sense to regard the moment and circumstances of death as largely medical phenomena. Moreover, as 'autonomy' has taken a dominant place amongst ethical values, it also makes sense to describe and measure death in terms of its 'acceptability' both to the dying person and his or her survivors. In tandem with these changes, technological innovations have transformed the dead or dying body into a potential source of valuable (and recyclable) biological material. These developments have thrown up new and urgent challenges for legal understandings about the timing of, and criminal responsibility for causing, death both within and outside medical settings. These developments have also disturbed conventional understandings of the corpse as sacred. Topics to be covered may include: death in contemporary Australia, the legal definition of life and death, medical futility and the concept of 'lives not worth living', euthanasia (with and without request), physician-assisted suicide, refusing and withholding life-prolonging treatment in adults and children, the Shipman/Patel scandals, ownership of the corpse and body parts, dead donor organ transplantation, organ sale and theft, posthumous reproduction, 'mercy' killing outside medical settings and the jurisdiction of the Coroner. The unit will interrogate these and other contemporary challenges for the law relating to death and dying both within Australia and, where appropriate, other selected comparator jurisdictions (US, UK and Canada). These will be mapped against socio-historical understandings of the changing meaning of death, dying and serious disability in Western societies, and students will be encouraged to reflect on the broader legal implications of these developments.
LAWS6974 Development, Law and Human Rights

Credit points: 12 Teacher/Coordinator: Prof David Kinley Session: Intensive February Classes: Jan 22-Feb 3 Assessment: assignment (30%) and 8000wd essay (70%) Practical field work: field school in Nepal Mode of delivery: Block mode
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful pre-enrolment registration. For further information, please visit http://sydney.edu.au/law/offshore/index.shtml
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.
LAWS6066 Discretion in Criminal Justice

Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Intensive October Classes: Oct 12, 13 and 26, 27 (9-5) Assessment: take-home exam (60%) and essay (40%) Mode of delivery: Block mode
This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step. It deals with each stage from the reporting or observation of crime, through investigation, arrest, charging, bail, plea, hearing, appeal, retrial and publicity. It describes how actors at each step (citizens, police, prosecutors and judges) confront decision making, the laws (legislation, common law) and rules (prosecution guidelines, memoranda and procedures) that apply and provides examples of the exercise of such discretions. It also looks at the place of public commentary (personal, the media and political) in the process. The unit explores nuances in the conduct of any criminal prosecution aside from the application of the letter of the law.
LAWS6039 Discrimination in the Workplace

Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Intensive August Classes: Intro Class: Jul 24 (6-8) then Aug 10, 11 and 24, 25 (9-5) Assessment: Three components of assessment and students can choose the weighting: Regime A - class participation (0%), online short-answer quiz (35%) and 5500 wd essay (65%); or Regime B - class participation (15%), online short-answer quiz (25%) and 5500 wd essay (60%) Mode of delivery: Block mode
Note: MLLR students may enrol in this unit before completing LAWS6071 Labour Law, but must have either completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System.
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, looking at anti-discrimination laws, anti-discrimination provisions in the Fair Work Act 2009 (Cth), and the Workplace Gender Equality Act 2012 (Cth).
LAWS6852 Doing Business in China

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Intensive May Classes: Apr 20, 21 and May 4, 5 Assumed knowledge: Students who do not hold a law degree from a common or civil law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit. Assessment: 3500wd essay (50%) and take-home exam (50%) or take-home exam (100%) 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.
LAWS6937 Employment Law Advocacy

Credit points: 6 Teacher/Coordinator: Mr David Chin, Ms Elizabeth Raper Session: Intensive September Classes: Intro Class: Aug 21 (6-8) then Sep 7, 8 and 21, 22 (9-5) Assumed knowledge: Available to law graduates only. Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator. Assessment: class participation (40%), short tests (20%), problem question and drafting exercise (40%) Mode of delivery: Block mode
Note: Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator.
This unit examines key aspects of employment law principles and practice and their application in employment litigation and advocacy. 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 or JD degree and focuses specifically on the principles of employment law within a litigation context.
LAWS6355 Energy and Water Security Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Intensive October Classes: Sep 21, 22 and 28, 29 (9-5) Assessment: class participation (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Students who have previously completed both LAWS6191 Water Law and Climate Change and LAWS6163 Energy and Climate Law are not permitted to enrol in this unit.
The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity, or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australia's National Electricity Market and national water trading markets, as well as the corporatisation and privatisation of energy and water utilities, provide fascinating examples of this.
LAWS6044 Environmental Law and Policy

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster (Coordinator), Dr Gerry Bates Session: Intensive March Classes: Mar 14-17 (9-5) Prohibitions: LAWS3430 or LAWS5130 Assumed knowledge: LAWS6252 or law degree from a common law jurisdiction Assessment: 2000wd essay (25%) and assignment (75%) Mode of delivery: Block mode
Note: Students who do not hold a law degree from a common law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before undertaking the environmental law 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.
LAWS6041 Environmental Litigation

Credit points: 6 Teacher/Coordinator: Justice Nicola Pain, Justice Rachel Pepper Session: Intensive August Classes: Aug 8-11 (9-5) Assessment: 4000wd paper on a practical task/topic (50%), 4000wd essay (50%) Mode of delivery: Block mode
This unit focuses on litigation as a tool for resolving environmental disputes. The unit examines different types of environmental litigation and issues that can arise in litigation processes. Candidates will develop an understanding of the characteristics of environmental litigation, the advantages and limitations of different types of proceedings, and the range of outcomes that are possible for environmental litigation. The topics include litigation strategies, procedure and evidence, defensive actions (ie SLAPP litigation), and the outcomes of litigation. Reference will be made to recent cases, such as in the field of climate change, to illustrate the topics.
LAWS6354 Environ Planning and Impact Assessment Law

Credit points: 6 Teacher/Coordinator: Mr Jeff Smith, Ms Susan O'Neill Session: Intensive October Classes: Oct 3-6 (9-5) Prohibitions: LAWS6043, LAWS6045, LAWS3430, LAWS5130 Assumed knowledge: students who do not hold an undergraduate law degree must have completed LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit and LAWS6044 Environmental Law and Policy (MEL only) Assessment: class presentation and 1000wd essay (25%) and 6000wd essay (75%) Mode of delivery: Block mode
This unit has three aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures and environmental planning laws in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA and environmental planning laws by examining their historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to current laws and legal practices.
LAWS6307 Expert Evidence and Class Action Procedure

Credit points: 6 Teacher/Coordinator: Prof Peter Cashman Session: Semester 1 Classes: 1x2-hr lecture/week Prohibitions: LAWS6230 or LAWS6869 Assessment: 4000wd expert evidence essay (50%) and 4000wd class action essay (50%). Information on non-assessable tasks will be made available in the unit outline for enrolled students. Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: 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. 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: Prof Gail Mason Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: take-home exam (30%), class presentation (10%) and 3500wd essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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.