Semester Two Intensive 2016

July | August | September | October | November

Constitutional Theory (JURS6018)

  • Address the role that constitutionalism is expected to play in a democratic state, and explore various constitutional theories.
  • Examine theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation.

Corporate Social Responsibility: Theory and Policy (LAWS6140)

  • Examine a selection of theoretical and policy issues broadly related to the social responsibilities of corporations.
  • The unit will adopt a comparative and interdisciplinary approach, drawing on material from jurisdictions including the U.S. and Canada, as well as on methodologies and insights from law and economics and other schools of thought.

Employment Law Advocacy (LAWS6937)

  • Examine key aspects of employment law principles and practice and their application in employment litigation

Global Health Law (LAWS6920)

  • Examine how the determinants of health (e.g. pathogens, air, water, goods, and lifestyle choices) are increasingly international in origin, expanding the need for health governance structures that transcend traditional and increasingly inadequate national approaches.
  • Gain an in-depth understanding of global health law through careful examination of the major contemporary problems in global health, the principal international legal instruments governing global health, the principal international organisations, and innovative solutions for global health governance in the 21st Century.

Insolvency Law (LAWS6159)

  • 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.

Judicial Review - Principles, Policy and Procedure (LAWS6068)

  • Experience a specialised and thematic account of judicial review as one means for making the executive branch of government accountable.
  • 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.
  • Undertake a critical evaluation of the policy choices which account for development of common law principles.

Legal Pluralism in Southeast Asia (12cp) (LAWS6149)

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

  • This unit introduces students to the legal systems of Southeast Asia, focusing on Indonesia and Malaysia. The unit surveys a very wide range of topical legal issues from the region - from human rights and development, environmental law, to the practice of commercial law, including Islamic banking. The unit emphasises legal pluralism - that is, the operation of different bodies of law for particular groups in those countries, colonial, national, Islamic and customary law - and compares how countries in Southeast Asia have handled it.

Legal Reasoning and the Common Law System (Group C) (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.

Media Law: Comparative Perspectives (LAWS6341)

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

  • There are striking similarities and overlaps between Australian and English media law, reflecting their common origins, but there are also important differences and divergences. In relation to English media law, the impact of the United Kingdom’s membership of the European Union is a significant factor.
  • This unit of study analyses a number of key issues in media law, ranging from defamation law, privacy and breach of confidence, contempt of court, open justice, suppression and non-publication orders and other restrictions on court reporting, as they arise in Australia, the United Kingdom and the European Union.

Philosophy of Law (LAWS6308)

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

  • The main objective of this unit is to provide a critical understanding of the fundamental principles of legal theory and philosophy of law.

Principles of Intellectual Property (LAWS6873)

  • This introductory unit is designed for students who have not previously undertaken any formal study of Intellectual Property.

Principles of Oil and Gas Law (LAWS6990)

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

  • Principles of Oil and Gas Law explores the distinctive legal issues presented by oil and gas exploration and production and examines the legal and regulatory responses of oil producing states.
  • This unit also explains the international legal principles that apply within the sector and sets the Australian experience against a broad comparative background. For the first time in 2016, this course will be offered in the home of the North Sea oil and gas industry, Stavanger, Norway.
  • This unit will draw on the expertise of international experts in oil and gas law, as well as take advantage of our location with excursions to the Petroleum Museum, oil companies and government.

Work Health and Safety: Law and Policy (LAWS6096)

  • This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act.

Chinese International Taxation (LAWS6091)

  • 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.

Coastal and Marine Law (LAWS6314)

  • Explores legal and policy frameworks for the management of coastal and marine areas in Australia

Communications/Technology Regulation (LAWS6337)

  • This unit will look at the way in which communications networks in general and the Internet in particular is regulated. It reviews the justifications for regulation and explores how the advent of the Internet is placing pressure on legacy regulatory regimes.
  • Topics include Internet-based voice and video, unbundling, network neutrality, platform neutrality, spectrum policy, e-commerce, and online privacy, among others.

Contract Management (LAWS6328)

  • 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).

Discretion in Criminal Justice (LAWS6066)

  • 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.
  • Explore nuances in the conduct of any criminal prosecution aside from the application of the letter of the law

Doing Business in China (LAWS6852)

  • Acquire an overview of the Chinese legal, political and economic system.
  • Examine the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws.
  • Focus on Chinese contract law and the foreign investment regime as well as the related structuring and regulatory issues related to foreign participation in the Chinese market.

Environmental Law and Policy (Group B) (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 Regulation (LAWS6330)

  • 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.

Government Regulation, Health Policy & Ethics (LAWS6052)

  • Examine government regulation of health care, drugs, resource allocation, medical research and professional practice.
  • With regard to each area of government decision-making, analyse issues by reference to the interplay between social goals, human rights, legal rights and ethical considerations.

Human Rights and the Global Economy (LAWS6846)

  • 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.

International Human Rights (LAWS6161)

  • Examine the principles and practice of international human rights law.
  • Acquire an introduction to the key concepts, debates, documents and institutions, while encouraging critical examination of these from a variety of angles.
  • Determine how to regard a situation or predicament as one involving a breach of international human rights law.
  • 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
  • Advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field

International Investment Law (LAWS6916)

  • 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.

International Sports Law (LAWS6339)

  • More than just a pastime or big business, sports has spawned a body of law that is diverse, unique, and often at the cutting edge of development in areas as disparate as international law, labour law, intellectual property, and dispute resolution. Increasing professionalism, internationalization, and commercialization of sport have resulted in an increasing intersection of the law with sporting activity.
  • This unit surveys international sports law. Students who successfully complete the Unit will be exposed to the wide range of legal issues that come together in the wide world of sports.

Introduction to Australian Business Tax (Group B) (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 of Asset Protection (LAWS6953)

  • This unit examines the legal aspects of asset protection, from both Australian and international perspectives. It provides a sound understanding of the legal techniques and principles of asset protection. The complex interaction between company law, the law of trusts and property, tax and estate planning laws, bankruptcy and insolvency laws is analysed.
  • The unit focuses on the laws of a select number of offshore jurisdictions, as well as international trust law. It examines the legal impediments and ethics of asset protection. Anti-money laundering rules and the civil and criminal liabilities of trustees and professional advisers are also covered.

Media Law in Practice (LAWS6332)

  • A wide range of statutory provisions and common law and equitable principles have an impact on what the media can print, broadcast or disseminate.

    Through a series of case-studies, this unit explores how professional, ethical and commercial considerations interact, and often conflict, with the media in their daily operations. It will canvass issues such as the disclosure of journalists’ sources; the impact of suppression orders on social media; the direct and indirect protection of privacy; and current issues in defamation law.

    Taught by highly experienced media law practitioners, this unit considers how the tensions between law and journalism can be negotiated and hopefully resolved.

Mental Illness: Law and Policy (LAWS6877)

  • Examine the law relating to mental health issues in Australia including human rights principles.
  • Investigate the background material on the nature and incidence of mental illness, psychiatric and medical issues; consider criminological and public policy literature where relevant.
  • Explore substantive issues from civil treatment, welfare law and criminal law

Theories of the Judiciary (LAWS6316)

  • This seminar will consider views in jurisprudence which examines the judge, the activity of judging, and the proper role of the judiciary within a legal system and a just society more generally.
  • Among the goals of the seminar are to determine the nature of judicial obligation, how judges ought to decide cases, the arguments for and against judicial review, the role of the judiciary in establishing and maintaining the rule of law, and the relation between the business of courts, politics, and morality.

UK International Taxation (LAWS6109)

  • This unit covers the domestic provisions of UK direct tax law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australia's major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK.
  • This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct tax area, especially in dealings with Australia.

Workplace Bargaining (LAWS6122)

  • The unit will explore the workplace bargaining model under the Fair Work Act 2009 (Cth) within the context of models of collective bargaining used in overseas jurisdictions and Australia’s international obligations.
  • The unit will look at the history of collective bargaining in Australia before examining the legislative framework of agreement making, including the legal rules applicable to making and approving enterprise agreements.
  • The unit will examine the rules that pertain to the process of negotiating an agreement, including the circumstances when an employer can be required to engage in collective bargaining and the good faith requirements that apply during bargaining.
  • The unit will also consider the rules that regulate industrial conflict including protected industrial action, unprotected industrial action and dispute resolution, before considering the difficulties of engaging in collective negotiations outside of the formal legislative framework.

Young People, Crime and the Law (LAWS6192)

  • The unit aims to provide a broad overview of the functioning of the juvenile justice system and its relationship to juvenile offending.


Anti-Terrorism Law (LAWS6856)

  • Acquire an introduction to the diverse range of anti-terrorism laws and policies which have developed at the international, regional and domestic levels, and which proliferated after the terrorist attacks of 11 September 2001.

Commercial Trusts (LAWS6333)

  • 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).

Contractual Damages (LAWS6874)

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

  • This unit will look at the primary remedy for actions for breach of contract, namely damages. This remedy will be distinguished from contract debts, restitution, specific performance and injunctions.

Corporate Innovation and Regulation (LAWS6318)

  • This unit will cover the recent and dramatic changes in the operation and regulation of multinational corporations. Both private and regulatory innovations have made corporations simultaneously more efficient and potentially more dangerous.

Critical Issues in Public Health Law (LAWS6839)

  • This unit provides an introduction to key topics in public health law, and a foundation for further study in this field. It begins by exploring the use of law - both historically and conceptually - as a tool for protecting the public's health, for responding to health risks and implementing strategies designed to promote public health.
  • It reviews the sources of public health law, considers the strategies that law can deploy to protect and promote health, as well as debates about the appropriate limits for law in the protection of public health in a liberal democracy.
  • The unit also provides a review of the law's role within several critical areas, including: acute public health threats (with a focus on SARS, pandemic influenza, and bioterrorism); sexual health and STIs; and tobacco control.

Economics of Tax Policy (LAWS6984)

  • Gain an understanding of the modern economics approach to the analysis of tax policy.
  • Examine the role of taxation within the framework of welfare economics and the social and economic effects of reforms drawing on available empirical evidence.
  • Pay particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment.

Heritage Law (LAWS6055)

  • This unit focuses on the conservation of natural and cultural heritage, including intangible heritage, underwater heritage, movable heritage and Australian Aboriginal heritage. International, national, state and local regimes for heritage conservation are examined and considered in the context of broader environmental decision making.

Information Rights in Health Care (LAWS6058)

  • Examine the rights to information in the modern health care system.
  • Focus on consent to treatment and include discussion of: capacity, the duty of health professionals to disclose the risks of treatment, refusal of treatment and emergency health care.
  • Examine duties of confidentiality in health care, ownership of and access to medical records, and information rights in medical research.

Insurance Contract Law (LAWS6882)

  • Identify and analyse the key legal concepts that govern the relationship between insurers and policyholders

International Humanitarian Law (LAWS6218)

  • 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).

Legal Reasoning and the Common Law System (Group D) (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.

Public Policy (LAWS6257)

  • Gain an understanding of the role of government policy within the analytical framework of welfare economics.
  • Examine the conditions that justify government intervention; determine whether policies can be designed to support basic principles of social justice and what kinds of reforms promote economic efficiency.
  • Acquire an overview of the main empirical methodologies used in evaluating policy reforms.

Taxation of Partnerships and Trusts (LAWS6118)

  • The objective of this unit is to examine the policy and practical issues that arise in Australia by virtue of the rules for the taxation of income derived through unincorporated entities. The focus is on partnerships, corporate limited partnerships, trusts, unit trusts, deceased estates, corporate unit trusts and public trading trusts. The goals of the unit are to develop a detailed understanding of the policies, technical rules and practical problems involved in the taxation of these arrangements.

Taxation of Real Property Transactions (LAWS6336)

  • This unit will exam they key aspects of the application of taxes to real property transactions, with an emphasis on property development.

Asia Pacific Environmental Law (LAWS6141)

  • 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.

Cross-Border Deals (LAWS6997)

  • This unit is for law graduates who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions.

Environmental Litigation (LAWS6041)

  • 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.

International Commercial Arbitration (LAWS6060)

  • This unit introduces students to the preferred method of resolving international commercial disputes.

Interpretation of Statutes and Other Texts (LAWS6326)

  • Develop an understanding of the principles of statutory interpretation, and hone their ability to apply those principles in practice.
  • Explore the interpretation of contracts, constitutions and treaties, 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.

Market Manipulation and Insider Trading (LAWS6944)

  • Examine the key concepts at the heart of capital market regulation focusing on practices that threaten the integrity of global securities markets.
  • Focus on recent developments (including high profile prosecutions for market abuse) in Australia and the United States while selecting other jurisdictions (most notably China, India, South Africa, Brazil, Europe and Hong Kong) that are relevant to the different subjects considered.

Plain English in Legal Writing (LAWS6950)

  • Analyse the role of plain English in legal writing, with particular emphasis on contract drafting, property documents, statutes, and advice-writing.
  • Examine the reasons for the 'traditional' style of legal writing, the research into the advantages and disadvantages of plain English, and the techniques for writing law in plain English.

Risk, Fear and Insecurity (LAWS6888)

  • This unit considers the significance of anxiety, 'fear of crime', risk and insecurity in the late modern world. It uses sophisticated analytical tools to discuss both the supposed growth in 'fear of crime' and the emergence of an array of technologies aimed at the reduction of crime risks. It also critically examines just what 'fear of crime' might actually be and how newspapers, security products, and insurance can be sold to us using the hook of our own anxieties. It also examines the anxieties related to terrorism and threats to national security and sovereignty.

Tax Treaties Special Issues (LAWS6946)

  • This unit of study considers a number of specialised topics in the area of tax treaties, largely reflecting the work of the OECD and United Nations on tax treaties currently and in the last decade.

Taxation of Business & Investment Income B (LAWS6841)

  • The goal of this unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems that will be discussed in the seminars. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable.


Chinese Laws & Chinese Legal Systems (LAWS6001)

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

  • Acquire an overall picture of the modern Chinese legal system.
  • 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.
  • 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.