Semester One Intensive 2016

January | February | March | April | May

Securities and Markets Regulation (LAWS6247)

  • Examine the structure and regulation of markets for financial products, with particular emphasis on corporate securities, following the introduction of the Financial Services Reform Act.
  • The study is primarily a legal analysis, but also explores some financial theory relevant to legal response to market operation.

Shareholders' Remedies (LAWS6957)

  • Examine the common problems experienced by members of various types of company.
  • Understand strategies for preventing or remedying those problems without recourse to litigation.
  • Understand the litigious remedies available to combat those problems.
  • Explore likely trends for future development of the law.


Administrative Law (LAWS6011)

  • Develop a critical perspective upon the accountability of government decision-makers.
  • Examine theoretical frameworks for analysis of a range of issues concerning accountability, with reference to relevant principles of administrative law.
  • Analyse the separation of powers and the doctrine of ministerial responsibility, merits review tribunals, investigative tribunals and tribunal procedure.
  • Examines theories of participatory democracy, with reference to relevant legal principles drawn from procedural fairness, rules of standing and consultation requirements in rule making.
  • Examines theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation.
  • 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.

Commercial Conflict of Laws (LAWS6824)

  • The unit 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

International Contract Law (LAWS6958)

  • There are fundamental principles of contract law governing international commerce. These principles constitute international contract law - an autonomous body of the law governing obligations, rather than national contract law on an international scale.

International Insolvency Law (LAWS6939)

  • In contrast to traditional courses on international insolvency law, this unit will begin by discussing the issue of insolvency proceedings for states. The establishment of procedures for dealing with the insolvency of states is a fairly recent development, which can be traced to moves initiated by the International Monetary Fund during the Argentina crisis in 2001. Since then, a number of methods have been proposed for dealing with the insolvency of states in a more regulated and calculable manner than that in which the Paris and London Club has dealt with these issues over the last 50 years or so. Against this background, this unit will describe the evolution, and discuss the concept, of insolvency proceedings for states.
  • The second part of the unit will deal with the principles of traditional international insolvency law, that is, the principles governing the situation where an insolvent company has assets in more than one jurisdiction. These principles will be exemplified by various cases from different regions of the world. This part of the unit will also consider recent developments aiming to establish regions in which particular transnational insolvency rules are applicable, the main example being the European Insolvency Regulation.

Japanese Law (LAWS6879)

Offshore unit of study - Please contact the Offshore Unit of Study Coordinator for details

  • Gain an introduction to Japanese law in a global context.
  • Undertake instruction from lecturers from Ritsumeikan and other leading Japanese universities, as well as from Australia, with guest lectures by prominent practitioners and a field study to a local bar association and the courts.
  • Interact with students from Japanese, Australian and other universities or institutions taking this unit, supported by the Australian Network for Japanese Law.

Labour Law (LAWS6071)

  • Examine the principles of labour law.
  • Designed specifically for MLLR students who do not have a law degree or for any students with a law degree who have not recently undertaken an undergraduate labour law course.
  • The goal of the unit is to equip students with the fundamental principles of labour law that they will need to undertake more advanced labour law units within the MLLR and LLM Degrees.

Legal Reasoning and the Common Law System (Group A) (LAWS6252)

  • The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law

Comparative Corporate Taxation (LAWS6153)

  • 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.

Criminal Justice: Developments in Prevention & Control (LAWS6193)

  • Examine responses to crime and crime prevention with reference to shifting notions of crime and responsibility for crime.
  • Gain a critical appreciation of the limitations of criminal justice system responses to crime.
  • Develop a broader approach to crime prevention policy which responds to economic, social and cultural issues.
  • 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

Environmental Law and Policy (Group A) (LAWS6044)

  • Acquire an introduction to overarching themes in environmental law and policy as a foundation to more detailed studies for the Environmental Law Program.
  • Develop multi-dimensional thinking about environmental issues and the strategies needed to address them.
  • Gain a broad background of the political and economic issues in so far as they are related to the legal issues involved.

Fundamentals of Corporate Law (LAWS6810)

  • This unit is designed for those wishing to pursue postgraduate study involving aspects of corporate law, but who lack previous exposure to the subject. As our postgraduate units in corporate law (other than this unit and LAWS6319 Fundamentals of the Board and Directors' Duties) are specialised and taught at an advanced level, those wishing to enrol in such units but who have not recently studied corporate law in Australia or who have no prior legal education should undertake this unit.

Gender Inequality and Development (LAWS6334)

  • 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.

Goods and Services Tax Principles A (LAWS6214)

  • 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.

Interaction of Tort and Contracts (LAWS6817)

  • The fields of tort and contract increasingly overlap in many social contexts, as varied as professional relationships, medical contexts and construction contracts. The overlap raises many significant issues such as whether a contract determines or affects the existence of a duty and liability in tort, whether for personal injury and property damage or for purely economic loss; the possible exclusion of tort liability by contract or disclaimer and the impact of the Australian Consumer Law; tort protections from interference with contractual relations: the law relating to multiple wrongdoers, contribution and indemnity rights, and apportionment under the regime of proportionate liability.

International Business Law (LAWS6059)

  • 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.

International Financial Transactions: Law and Practice (LAWS6138)

  • 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.

International Law I (Group A) (LAWS6243)

  • Gain an introduction to public international law.
  • Acquire a thorough understanding of the core principles and problems of, and contemporary issues in international law.

Introduction to Australian Business Tax (Group A) (LAWS6825)

  • 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.

Law, Business and Healthy Lifestyles (LAWS6848)

  • This unit responds to growing interest in the law's response to tobacco use, obesity, poor diet, alcohol abuse and sedentary lifestyle - the leading causes of preventable disease in Australia, the United States, and increasingly, in developing economies.

Legal Reasoning and the Common Law System (Group B) (LAWS6252)

  • The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law

Punishment (LAWS6194)

  • Explore punishment, sentencing and penalty in modern society, particularly through an understanding of the relationship between punishment and social structure and the significance of punishment within the social and political order.
  • Adopt an interdisciplinary approach which draws on history, law, literature, sociology and criminology

Regulation of Corporate Crime (LAWS6317)

  • This unit will examine, from a comparative (particularly United States and United Kingdom) perspective, the current debates over the regulation of corporate crime from both legal and policy perspectives.

Comparative International Taxation (LAWS6128)

  • 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).

Corporate Governance (LAWS6222)

  • Explore a range of recent trends and issues in corporate governance.
  • 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.

Discrimination in the Workplace (LAWS6039)

  • Examine the nature of discrimination in the workplace and the legal response to it in Australia.
  • Consider theoretical perspectives on equality that underpin our legislation and ideas about effective regulation.

Fundamentals of Commercial Law (LAWS6987)

  • Acquire an overview of commercial law, focusing on the broad but fundamental concept of commercial dealings.

Health Care and Professional Liability (LAWS6054)

  • 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.
  • Provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (criminal law, torts, contract, and discrimination law) and mechanisms for the oversight and disciplining of health professionals.
  • Critically evaluate law reform initiatives (where relevant) with respect to legal liability, complaints mechanisms and disciplinary action against health professionals.

Human Rights and Environmental Law (LAWS6302)

  • Aims to provide students with an overview of the recent development of links between environmental law and human rights at both international and national levels.

International Environmental Law (LAWS6061)

  • 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.

International Law and the Use of Armed Force (LAWS6062)

  • Understand and gain a sound knowledge of the legal principles and rules governing the resort to armed force by States.
  • Analyse a complex factual situation, recognise the issues arising, and determine the international legal rights and responsibilities of the parties involved.
  • Gain awareness and understanding of current issues relating to the use of force and United Nations practice in matters affecting international peace and security.

Introduction to Chinese Law (LAWS6857)

  • This unit covers the legal system of the People's Republic of China. It will address Chinese legal history and tradition and the development of modern Chinese law, and will look at the Chinese court system and dispute resolution, constitutional law and the judicial system, the civil and criminal systems and other specific areas such as land law, labour law and intellectual property.

Law of the Sea (LAWS6047)

  • The oceans cover two-thirds of the world's surface, and are vital to international commerce, are a store of important living and nonliving resources, and provide indispensable environmental services including stabilising the global climate system.
  • Review the major areas of the law of the sea as it has developed over the centuries.
  • Where appropriate, reference will be made throughout the unit to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.

Law, Justice and Development (LAWS6928)

  • Acquire a critical overview to law and justice reform in international development.
  • Analyse the global reform experience over the past half-century.

Quantitative Methods in Criminal Justice (LAWS6340)

  • This unit provides an intensive introduction to quantitative data analysis, with an application to criminology and empirical legal research.
  • The unit is intended for students with no previous experience of quantitative methods or statistics. It covers the foundations of descriptive statistics and statistical estimation and inference

Tax Avoidance and Anti-Avoidance (LAWS6965)

  • This unit examines the pervasive phenomenon of tax avoidance, and the design (and effectiveness) of common judicial and legislative responses to it.

Taxation of Business & Investment Income A (LAWS6840)

  • This unit, along with LAWS6841 Taxation of Business and Investment Income B, is designed to provide an advanced study of the tax treatment of various important business transactions.
  • It provides a detailed examination of the income tax and capital gains treatment of selected complex commercial transactions and their impact on the tax base.
  • The goal of the unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems discussed in each seminar. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable.

US Corporate Law (LAWS6844)

  • Understand the structure and operation of US corporate law and corporate governance.
  • Examine the common law, statutory provisions; and to explore the tension between state and federal law, including recent regulatory developments under the Sarbanes-Oxley Act 2002 and the Dodd-Frank Act 2010.

World Trade Organisation Law I (LAWS6063)

  • This unit is a comprehensive introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. It can be taken as either a stand-alone introduction to WTO law or to acquire a solid basis for further study of WTO law. (Students may wish to continue on to take LAWS6249 World Trade Organization Law II which builds upon the knowledge gained in this unit and considers some additional topics of WTO law.)

Capital Gains Tax (LAWS6169)

  • This unit examines the basic structure and core concepts of the CGT, and the specialist provisions that apply in a range of commercial and non-commercial contexts, such as the formation and sale of a business, conveyancing and property development, commercial and family litigation, and the settlement and administration of trusts.

Crime, Responsibility and Policy (LAWS6325)

  • 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.

Fundamentals of Contract Law (LAWS6991)

  • Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts.
  • Gain 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.

Global Energy and Resources Law (LAWS6964)

  • 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.

Global Oil and Gas Contracts and Issues (LAWS6933)

  • Undertake a review of the world's minerals-development regimes and the contracts that international investors use to implement them.
  • Examine the fiscal arrangements that nations use to obtain exploration and development.
  • Focus on the contracts that international investors use to share risks and rewards.

International & Comparative Criminal Justice (LAWS6896)

  • Explore the growing internationalisation of criminal justice through an examination of forms of transnational crime and international conflicts and the infrastructure that is being developed to regulate global insecurities and criminal harms.
  • Explore the development of various institutions in response to international crimes and their relation to international human rights and access to justice.
  • Consider the different paradigms of justice that inform diverse international developments, notably contrasts between retributive and restorative justice.

International Law II (Group A) (LAWS6167)

  • Examine how international law is created, implemented and enforced by national legal systems and through international organisations.
  • Examine the different ways in which law's transboundary impacts can be understood by considering international, transnational, global and comparative perspectives on law-making.
  • Explore the relationship between international law and domestic law in depth, both in a comparative perspective and with particular reference to the impact of international law on Australian law and legal institutions.

International Wildlife Law (LAWS6331)

  • This unit will examine the nature of international law and the relationship between international law and national law generally; the history, sources and role of international environmental law and the relationship between international environmental law and national environmental law specifically; the past, present and future statuses of international wildlife and conservation laws; the origins and meanings (in different contexts and to different parties) of the terms ‘conservation’ and ‘preservation’; significant global and regional international conventions in the wildlife context; the histories and futures of particular selected species; problems with the creation and enforcement of international wildlife and conservation laws; the incorporation of international wildlife law in Australian national law; and innovative ideas and programmes for improving the effectiveness of international laws relating to wildlife and conservation.

Law and Investment in Asia (LAWS6932)

  • The aim of this unit is to provide students with a broad overview of the key legal issues commonly faced when investing and doing business in Asia.

Pollution and Contaminated Land (LAWS6065)

  • The aim of this unit is to examine the policy and legislative approaches to pollution control and the wide range of management tools employed to prevent harm and promote ecologically sustainable development.

Tax Treaties (LAWS6177)

  • This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital.

The Nature of the Common Law (LAWS6338)

  • The common law is an essential part of the Australian legal system, as well as many others around the world. This unit of study examines the nature of the common law from the point of view of jurisprudence.

Transfer Pricing in International Taxation (LAWS6123)

  • The unit examines transfer pricing law and practice in Australia and globally. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the revised OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 2010 and the ongoing projects, the rewrite of the Australian transfer pricing legislation, and the substantial transfer pricing rulings program of the Australian Taxation Office, have together significantly increased the international and Australian materials available on the law and practice in transfer pricing.
  • Students will gain an understanding of the policy, and detailed application of transfer pricing rules within Australia and an understanding of the international framework.

US International Taxation (LAWS6171)

  • The object of this unit is to provide an overview of the income tax system of the US with a focus on the most important legislative and treaty rules of the US in the international income tax area, especially in dealings with Australia.