Units of study F-J

2017 School of Law postgraduate units of study F-J

LAWS6321 Fiduciary Duties and Conflicts of Interest

Credit points: 6 Teacher/Coordinator: Adj Prof Justice Ashley Black Session: Intensive January Classes: Jan 16-20 & 23 (2-6) Assumed knowledge: Undergraduate knowledge of equitable principles or company law would be desirable Assessment: class participation including optional short presentation (10%), 7000wd essay (90%) Mode of delivery: Block mode
The unit will be taught by Justice Ashley Black (Supreme Court of New South Wales), Mr Imtiaz Ahmed (Barrister) and Mr Alexander Morris (King and Wood Mallesons). The unit will involve both a conceptual analysis of fiduciary duties and associated remedies and a focus on the treatment of conflicts of interest in key areas of commercial activity and professional practice including partnerships and joint ventures, directors' duties, legal and auditing practice and the financial services industry. Main topics include: The scope of fiduciary duties in Australian and UK law; Fiduciary duties and conflicts of interest in partnerships, joint ventures and other commercial relationships; Conflicts of interest affecting lawyers and auditors; Management of conflicts of interest in the financial services industry; and Remedies for breach of fiduciary duty.
Textbooks
Recommended references (purchase not required): PD Finn, Fiduciary Obligations, Law Book Company, 1997; J Glover, Equity, Restitution and Fraud, LexisNexis Butterworths, 2004; M Conaglen, Fiduciary Loyalty, Oxford, 2010.
LAWS6970 Forensic Psychology

Credit points: 6 Teacher/Coordinator: Dr Helen Paterson Session: Semester 2 Classes: 1x2-hr lecture/week Prohibitions: PSYC1001 or PSYC3020 Assessment: class participation (10%), 3500-4000wd essay (40%) and 2hr exam (50%) 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.
LAWS6187 Functional Analysis of Law and Soc Control

Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: 2000wd research note (40%) and 5000wd essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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.
LAWS6991 Fundamentals of Contract Law

Credit points: 6 Teacher/Coordinator: Ms Anne McNaughton Session: Intensive May Classes: May 19, 20 & Jun 2, 3 (9-5) Corequisites: LAWS6252 Prohibitions: LAWS1002 or LAWS1015 or LAWS2008 or LAWS5002 Assessment: 2000wd assignment (40%), 4000wd assignment (60%) 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. Available to MLLR students who commenced after Jan 2015.
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.
LAWS6955 Fundamentals of Finance Law

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Intensive September Classes: Aug 25, 26 & Sep 22, 23 (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%) Mode of delivery: Block mode
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.
LAWS6330 Fundamentals of Regulation

Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve Session: Intensive September Classes: Intro Class: Aug 28 (6-8) then Aug 31 & Sep 1 & Oct 5, 6 (9-5) Assessment: Options: (i) class presentation (20%) and 8000wd essay (80%) or (ii) problem question (30%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
This unit examines regulatory theory and practice within the context of the regulatory state. Growing privatization and corporatization has heightened demand for public regulation of private activities, but also for regulation of the state itself. At the same time, consumers, governments, and civil society place pressure on the private sector to address the social and environmental consequences of its actions through various forms of self-regulation. These trends have produced increasingly complex regulatory systems, and regulation is now a dominant aspect of the legal landscape, at both national and international levels. This unit acts as an introduction to key theories, concepts, and debates within the field of regulatory studies, as well as to the main tools and instruments of regulation. Focusing on social regulation, it uses practical examples to analyze the implementation and enforcement of regulatory regimes in various areas, including public health, workplace health and safety, and environmental protection. It explores corporate responses to regulation, as well as the roles, practices, and accountability of regulatory agencies, and of other actors involved in the administration, monitoring, and enforcement of regulation. The unit will be of interest to lawyers and other professionals engaged in regulatory compliance and enforcement, as well as to students with an interest in regulatory theory and practice more broadly. This unit will provide a gateway for further study in more specialized areas of regulation.
LAWS6334 Gender Inequality and Development

Credit points: 6 Teacher/Coordinator: Dr Jeni Klugman Session: Intensive March Classes: Mar 6, 7 & 13, 14 (9-5) Assessment: class participation (10%), presentation (40%), 5000wd essay (50%) Mode of delivery: Block mode
The unit is set up around a series of major policy questions central to the gender equality agenda, and linked to the post 2015 international development debates. Following an overview session about global and regional patterns, the unit will tackle a series of major policy challenges in turn, concluding with an examination of major global proposals. The unit will go beyond gender inequality in the labour market to explore patterns of violence and political participation, and the role of quotas, including on corporate boards, among others. Links to legal reform and human rights will be explored. Students will be asked to work on a specific policy challenge, applying and developing the findings discussed in class and in the readings. The unit is designed to facilitate student questioning, engagement and participation. No specific textbook is prescribed. There will normally be 2 to 3 required readings for each day, a paper and/or book chapters and additional readings for greater depth.
LAWS6964 Global Energy and Resources Law

Credit points: 6 Teacher/Coordinator: Dr Penny Crossley Session: Intensive May Classes: May 4, 5 & 11, 12 (9-5) Assessment: take-home exam (100%) or take-home exam (70%) and optional essay or problem question (30%) Mode of delivery: Block mode
This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.
LAWS6214 Goods and Services Tax Principles A

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

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

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

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive May Classes: Apr 27, 28 & May 25, 26 (9-5) Assessment: class presentation (10%), 2000wd class paper (30%) and assignment (60%) Mode of delivery: Block mode
Note: Core unit for GradDipPubHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252 or LAWS6881.
This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.
LAWS6846 Human Rights and the Global Economy

Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Intensive September Classes: Aug 25, 26 & Sep 8, 9 (9-5) Prohibitions: LAWS5178 or LAWS3478 Assessment: class participation (20%), 5000wd essay (80%) 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%) 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%) 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%) 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: Prof John Stumbles Session: Intensive July Classes: Jul 6, 7 & 13, 14 (9-5) Prohibitions: CLAW6006 or LAWS3403 or LAWS3445 or LAWS5103 Assumed knowledge: undergraduate law degree with good background in Australian corporate law Assessment: assignment (50%), 4000wd essay (50%) Mode of delivery: Block mode
Note: This unit replaced LAWS6159 Corporate Insolvency Law.
The unit provides an introduction to the mainly statutory law regulating bankrupt individuals and insolvent companies to be found in the Bankruptcy Act 1966 and Corporations Act 2001. It explores the objectives and key principles of insolvency law, the pari passu principle, the various forms of insolvent administration including informal workouts, bankruptcy, liquidation, receivership, voluntary administration, schemes of arrangement and associated procedures together with the avoidance of transactions in insolvency. The unit also considers the impact of insolvency on existing contractual and proprietary rights from the perspective of employees, unsecured creditors, shareholders, trustees of trusts and third parties generally. The unit also considers cross border insolvency and the Cross Border Insolvency Act 2008. The impact of the PPSA on insolvency is also analysed. The unit involves a significant component of statutory interpretation.
LAWS6882 Insurance Contract Law

Credit points: 6 Teacher/Coordinator: Prof Robert Merkin Session: Intensive September Classes: Sep 13, 14 & 18, 19 (9-5) Assumed knowledge: undergraduate law degree or LAWS6991 Assessment: 2000wd case note (30%) and assignment or 6000wd essay (70%) Mode of delivery: Block mode
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, 6th ed 2014; Greg Pynt, Insurance Law, A First Primer, 3rd ed 2014
LAWS6351 IP: Management and Disputes

Credit points: 6 Teacher/Coordinator: Assoc Prof Kimberlee Weatherall, Dr Fady Aoun Session: Intensive October Classes: Sep 29, 30 and Oct 13, 14 (9-5) Assumed knowledge: LAWS3480/LAWS5180 Copyright & Designs, LAWS3479/LAWS5179 Trade Marks & Patents or LAWS6873 Principles of Intellectual Property Assessment: class participation (10%), class presentation (20%) and 7000wd essay (70%) Mode of delivery: Block mode
This unit aims to provide students with tangible and in-depth case studies focusing on IP management and strategy, and legal and procedural/evidentiary questions in leading IP cases. The target audience includes students wishing to advance their study of Intellectual Property, as well as legal practitioners hoping to develop their skills and knowledge base in this exciting area of the law. The unit provides opportunities to explore questions of legal strategy, IP and innovation policy, and dispute resolution through real world case studies. Potential issues involved include how branding strategies interrelate with trade mark law, the role of experts in patent law and beyond, and current disputes over the scope of copyright rights and licensing.
Textbooks
Kathy Bowrey, Michael Handler, Dianne Nicol and Kimberlee Weatherall, Australian Intellectual Property: Commentary, Law and Practice, Oxford University Press, 2nd ed, 2015 (`BHNW¿); Robert Burrell & Michael Handler, Australian Trade Mark Law, Oxford University Press, 2nd ed, 2016; Mark Davison and Ian Horak, Shanahan's Australian Law of Trade Marks and Passing Off (5th ed, 2012); and Colin Bodkin, Patent Law in Australia, 2nd ed, ThomsonReuters, 2014.
LAWS6059 International Business Law

Credit points: 6 Teacher/Coordinator: Prof Gabriel Moens Session: Intensive September Classes: Sep 8, 9 & 15, 16 (9-5) Prohibitions: LAWS3438, LAWS5138 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%) Mode of delivery: Block mode
Note: Core unit for MIntBus&L students. This unit is available as one of the core units for GradDipIntBusLaw 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 Chester Brown, Adj Prof Max Bonnell Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: assignment (40%), 5000wd essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: This is available as one of the core units for GradDipIntBusLaw students
This unit introduces students to the preferred method of resolving international commercial disputes. It aims primarily to: (a) outline key principles in the law of international commercial arbitration, and (b) 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 international commercial arbitration. In doing so the unit also briefly compares the burgeoning field of treaty-based investor-state arbitation (examined in more detail in LAWS6916 International Investment Law). This 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.
LAWS6865 International Dispute Resolution

Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Intensive August Classes: Aug 17, 18 & 24, 25 (9-5) Prohibitions: LAWS6202 Assessment: take-home exam (30%) and 6000wd essay (70%) Mode of delivery: Block mode
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 Session: Intensive May Classes: Apr 28, 29 & May 1, 2 (9-5) Assessment: class participation (20%) and 8000wd essay (80%) 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 an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.
LAWS6304 International Family Law

Credit points: 6 Teacher/Coordinator: Prof Patrick Parkinson AM, Prof Peter Rose QC Session: Intensive March Classes: Mar 3, 4, 31 & Apr 1 (9-5) Assumed knowledge: Available to students who hold a law degree or knowledge of private international law Assessment: 4000wd essay (50%) and take-home exam (50%) Mode of delivery: Block mode
Family law disputes quite frequently involve parties who are citizens of, or have a right of abode in, other countries. It is common also for parties to have assets located in other countries. These international family law cases give rise to numerous difficult issues and require specialist legal advice. In which jurisdiction should a client file and what urgency is there to secure the jurisdiction of choice? How will Australian courts deal with forum disputes? To what extent are foreign court orders enforceable in Australia and will Australian orders be enforced in an overseas' jurisdiction? What steps need to be taken to prevent, as far as possible, the movement of assets overseas or, indeed, children overseas? How does the Hague Convention on Child Abduction work and is it effective? What about international enforcement of child support? This unit of study will examine these and other questions with an emphasis on the law in practice.
LAWS6138 Internatl Fin Transactions: Law and Prac

Credit points: 6 Teacher/Coordinator: Mr Jan Job de Vries Robbé Session: Intensive March Classes: Mar 16, 17 & 20, 21 (9-4) Assessment: class participation (10%) and 8000wd essay (90%) 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: Ms Irene Baghoomians Session: Intensive August Classes: Aug 11, 12 & 18, 19 (9-5) Prohibitions: GOVT6117 Assessment: 2000wd assignment (30%) and 5000wd essay (70%) or 7000wd (100%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
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 Kimberley Trapp Session: Intensive March Classes: Mar 17, 18 & 31, Apr 1 (9-5) Prohibitions: LAWS3483 or LAWS5183 Assessment: class participation (20%) and 8000wd essay (80%) 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%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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, Assoc Prof Sergio Puig Session: Intensive March Classes: Mar 16, 17 & 30, 31 (9-5) Assessment: 6000wd essay (70%) and assignment (30%) 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 standards of protection contained within investment treaties (such as the fair and equitable treatment standard, and the prohibition on expropriation without compensation), recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment treaty arbitration under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. It also examines recent developments including the negotiation of mega-regional trade and investment agreements, such as the Trans-Pacific Partnership Agreement and the negotiations towards the Transatlantic Trade and Investment Partnership.
LAWS6343 International Law and Technology

Credit points: 6 Teacher/Coordinator: Dr Rebecca Connolly Session: Intensive August Classes: Aug 18, 19 and 25, 26 (9-5) Assessment: class participation (10%), class presentation (20%) and 7000wd essay (70%) Mode of delivery: Block mode
Advances in technology pose new challenges for international governance. In an increasingly inter-connected world, new technology raises legal issues relating to its use, distribution and control. This unit will focus on the response of the international community to technological progress across the different specialised regimes in international law. The unit will commence with an overview of the framework of international law and international courts and the challenges relating to the regulation of new technology. This unit will then consider the intersection of technology and key specialised regimes in international law, focusing on Trade, Environment, Law of the Sea, Health, Crime, Use of Armed Force and Intellectual Property Rights. The unit will be taught using case studies, allowing students to discuss and analyse specific examples of new technology and international regulation.
LAWS6243 International Law I

Credit points: 6 Teacher/Coordinator: Dr Alison Pert Session: Intensive March,Semester 2 Classes: S1CIMR (Group A): Mar 24, 25 & Apr 7, 8 (9-5); S2C (Group B): 1x2-hr lecture/week Prohibitions: LAWS1023, LAWS5005 Assessment: 5000wd essay (60%) and take-home exam (40%) Mode of delivery: Block mode, Normal (lecture/lab/tutorial) evening
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 is available as one of the core units for GradDipIntBusLaw students.
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: Dr Alison Pert Session: Intensive May,Semester 2 Classes: S1CIMY (Group A): May 5, 6 & 12, 13 (9-5); S2C (Group B): 1x2-hr lecture/week Assumed knowledge: LAWS6243 Assessment: 5000wd essay (60%) and take-home exam (40%) Mode of delivery: Block mode, Normal (lecture/lab/tutorial) evening
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, which may include a more detailed examination of the limits of state jurisdiction, the role of the individual in international law, international human rights, and the right of states to respond to international wrongs. 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%) 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%) 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.
LAWS6326 Interpretation of Statutes and Other Texts

Credit points: 6 Teacher/Coordinator: Ms Chloe Burnett Session: Intensive October Classes: Oct 25-27 & 30, 31 (9-4) Assessment: assignment (30%) and take-home exam (70%) Mode of delivery: Block mode
Students will develop their understanding of the principles of statutory interpretation, and hone their ability to apply those principles in practice. The interpretation of contracts, constitutions and treaties will also be explored, observing where the core principles of statutory interpretation (text, context and purpose/intent) also apply to those texts, as well as learning rules particular to contracts, constitutions and treaties. Interpretation is a day-to-day task of the lawyer but many practising lawyers (and other professionals who work with the law) do not have a background in the discipline. This unit will teach the principles of interpretation, with a particular focus on practical application through the use of real-world examples, in-class exercises, and 'how to' guides. The unit will cover topics in- (i) Statutory interpretation (7 lectures): Modern approach, text, context and purpose; Canons and presumptions; Overlap and boundaries with common law; Acts interpretation legislation; Regulations and other subordinate legislation; The role of extrinsic materials; Practical steps to take when construing a provision; Exercises in commercial, administrative, environmental, labour and tax statues; and Recent controversies and the approach of the current High Court (ii) Contract interpretation (2 lectures): A private instrument: similarities and differences to statutory interpretation; and Surrounding circumstances and status of Codelfa 'true rule' (iii) Constitutional interpretation (1.5 lectures) - Dynamic document or original intent; and Practical examples from Commonwealth and NSW constitutions and (iv) Treaty interpretation (1.5 lectures) - Vienna Convention on the Law of Treaties; Treaty obligations and domestic legislation; and Exercises in international arbitration, immigration, environmental, insolvency and tax law. Two of the above lectures will be given by guest lecturers from the judiciary and senior bar. The final two lectures will involve revision and overview, additional problems and assessment preparation.
LAWS6903 Interpreting Commercial Contracts

Credit points: 6 Teacher/Coordinator: Prof Elisabeth Peden, Prof Richard Calnan Session: Intensive February Classes: Feb 16, 17 & 20, 21 (9-5) Assumed knowledge: undergraduate law degree Assessment: 1500wd essay (20%) and 6000wd essay (80%) Mode of delivery: Block mode
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: S1CIMR (Group A): Assoc Prof Celeste Black and S2CIAU (Group B): Prof Graeme Cooper Session: Intensive August,Intensive March,Semester 1a Classes: Classes: S1CIMR (Group A): Mar 15, 17 & 20, 21 (9-5); S2CIAU (Group B): Aug 9-11 & 14, 15 (9-3.30) Assessment: class work/test (30%) and 2hr exam (70%) Mode of delivery: Block mode
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.
LAWS6879 Japanese Law

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Intensive February Classes: Intro Class: Jan 30 (5-7) in Sydney then Feb 6-10 Kyoto and/or Feb 13, 14 in Tokyo (select 4 days) Assessment: 1000wd reflective notes (2x10%), 6500wd essay (80%) Practical field work: Kyoto (and, with pre-approval, Tokyo), Japan Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Pre-enrolment registration is required. For further information, please visit Sydney Law School website http://sydney.edu.au/law/
This unit provides an introduction to Japanese law in global context, focusing on its interaction with civil justice, criminal justice, business, politics, consumers, gender, the legal professions and pop culture. 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, Queensland University of Technology and Western Australia), 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 and Procedure

Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Intensive July Classes: Jul 21, 22 & Aug 18, 19 (9-5) Assessment: 7500wd essay or 2x3750wd essays (100%) 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%) 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%) 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.