Leader(s): Associate Professor Ann Monotti / Associate Professor John Duns

Offered

Clayton Research semester 1 2009 (Day)
Clayton Research semester 1 2009 (Off-campus Day)

Synopsis

The subject is taken by completing either a 15,000 or 30,000 word (maximum) thesis under appropriate supervision. The topic is designed by the candidate in conjunction with a staff member and approved by the Postgraduate Studies Committee.

Objectives

The minor thesis allows candidates:

1. to explore in depth a particular legal issue and to acquire and demonstrate a knowledge of the broader legal and policy framework within which these issues can be discussed; and
2. to develop and demonstrate research, analytical and writing skills, in order to demonstrate a depth of legal scholarship.

Assessment

The thesis will be assessed by an examiner under the Faculty regulations

Leader(s): Mr Graeme Hill

Offered

Not offered in 2009

Synopsis

This subject examines in detail practical issues in conflict of laws that can arise in Australian and transnational cases. The Australian component focuses on the requirements of the federal judicial system, such as the Judiciary Act 1903 (Cth), the cross-vesting scheme, and the Service and Execution of Process Act 1992 (Cth). A knowledge of these requirements is essential for the proper practice of law in Australia. The transnational component concentrates on several themes, including international arbitration (jurisdiction and choice of law questions), e-commerce, and the effect of public international law (such as international trade agreements).

Objectives

On completion of this unit students should have

1. a good grasp of the potential pitfalls of the federal judicial system, and how to avoid them,
2. a sound appreciation of the significance of venue in transnational litigation,
3. an awareness of the effect of public international law on domestic and transnational litigation.

Assessment

2 written assignments (1,875 words each): 50% each and Take home examination (3,750 words): 50%

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

Equity as an Australian vehicle for the rise of principles and standards. The values of equity. The infiltration of equitable doctrines into commercial transactions. Mistake, misrepresentation and non-disclosure with particular reference to contract negotiations. Undue influence, with particular reference to spousal guarantees. Unconscientious dealing with particular reference to lending practices. Fiduciary relationships in commercial transactions. Equitable proprietary entitlements with particular reference to the constructive trust in commercial dealings.

Objectives

To give students 1) an awareness of ani-formalist trends in the modern law; 2) a reinforced understanding of the mechanisms of equity in commercial litigation; 3) the ability to advise clients on and engage in legal argument in relation to relevant equitable intervention; and 4) the ability to critically analyse and discuss the policy justifications of equitable intervention in commerce.

Assessment

Final examination (1.5 hours): 50% Research assignment (2500 words): 30% Class paper and class participation: 20%

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

This subject looks at the family law of one or more countries in relation to Australian family law. It will focus particularly on the conceptual differences in approach of the legal systems under discussion in relation to family breakdown and disputes. The subject is sometimes taught in cooperation with visiting overseas family lawyers. Details of the countries whose legal systems are to be discussed, as well as a subject outline and reading guide, will be available before the commencement of the subject.

Objectives

On completion of this subject students should 1) have an understanding of modern trends in an area of law which is rapidly changing, so as to consider to what extent differences or origin and culture are significant in modern times; 2) be familiar with the comparative method, with an especial emphasis on the distinctions between common law and civil law techniques; and 3) have a better understanding of Australian law through a detailed comparison with other mature systems, and perhaps to bring home the flaws of their own system. The above objectives are not mutually exclusive. It is hoped that the subject may be of interest to both practising lawyers and scholars of law, and also perhaps to students of related disciplines.

Assessment

Research assignment (7500 words): 100%

Contact hours

One 2-hour seminar per week

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

An analysis of the problems arising in a determination of the subject matter of the lease. A study of the agreement for lease. A consideration of assignment by lessor or lessee and its effects e.g. the enforceability of covenants in the lease by and against mortgagees after assignment; the effect of assignment under the Retail Tenancies Act 1986. An analysis of problems arising in the interpretation of some common covenants eg. Outgoings; repairs, quiet enjoyment; insurance; user; options. A consideration of rent and rent review clauses. A consideration of default and remedies. Specific reference to relevant legislation eg. Retail Tenancies Act 1986 is included in all sections.

Objectives

Upon completion students should

1. have a general understanding of the laws regulating the rights and duties of landlords and tenants in a commercial lease;
2. have a detailed understanding of the law and the way in which it is applied with respect to a number of areas of current interest and concern in the area of commercial leases;
3. be able to identify or find relevant principles, laws and precedents and apply them to resolve current problems relating to a range of relevant transcations;
4. have developed legal research and writing and legal skills by undertaking systematic research into legal policy and rules pertaining to the commercial lease; and
5. have developed skills of oral presentation in an interactive seminar context.

Assessment

Supervised examination (1.5 hours): 50%
Research paper (3000 words): 40%
Class participation: 10%

Contact hours

One 2-hour seminar per week

Prerequisites

LAW2100, LAW3400

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

Topics covered will vary to reflect new and emerging perspectives and to accommodate students interests. In the past the following topics have been covered: introduction to interdisciplinary scholarship; the death of law?; Luhmann's social systems theory of law; liberalism and the rule of law; Rawls' theory of justice; feminist critiques of law; law and economics; critical legal studies; Unger's transformative theory of law; Michel Foucault on disciplines and legal discourse; law and geography; Robert Cover and legal language; law and literature; interpretivism and legal practice; Stanley Fish and neo-progmatism.

Objectives

On completion of this subject students will have acquired or developed

1. a familiarity with a variety of theoretical approaches from the humanities and social sciences with relevance to legal questions and phenomena;
2. an understanding of several substantive themes which connect the theoretical approaches surveyed;
3. a capacity to formulate questions drawn from different theoretical perspectives and to apply these in class discussions and written assessment work;
4. the ability to use the theoretical persectives to interrogate critically legal attitudes and practices;
5. the ability to conduct independent interdisciplinary research and to produce written work which is analytical and critical and draws on one or more theoretical perspectives covered during the course; and
6. an awareness of the research and analytical possibilities for dissertation and thesis work provided by the perspectives considered in class.

Assessment

Research essay (3375 words): 45%
Take home examination (3375 words): 45%
Class participation: 10%

Contact hours

One 2-hour seminar per week

Leader(s): Mr David Lindsay

Offered

City (Melbourne) Term 2 2009 (Evening)

Synopsis

The branch of intellectual property law which protects literary and artistic creations, films, sound recordings, broadcasts and published editions of works. Areas of difficulty and areas of contemporary and emerging importance, including computer software, databases and the challenges posed by convergence of communications and the Internet. New sui generis forms of protection, such as for databases and international and comparative materials.

Objectives

On completion of this unit, students should

1. have an enhanced appreciation of the policies and objectives underlying the law of copyright;
2. be able to comment critically on those policies and objectives and to relate them to current proposals for law reform;
3. have developed a detailed knowledge of the subject-matter that is eligible for protection under the laws, the requirements for obtaining such protection and its scope, once obtained;
4. be able to provide detailed and comprehensive advice to authors, designers and other creators on their rights and liabilities under the law of copyright to provide advice of equivalent depth to users of copyright material;
5. have a sound understanding of the operation and application of the rules governing the international protection of copyright, and
6. have a clear appreciation of the impact of technological change on the formulation and protection of the rights studied.

Assessment

Research paper (3,750 words): 50%
Take-home exam (3,750 words) or supervised exam (1.5 hours): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Judd Epstein

Offered

Not offered in 2009

Synopsis

Topics of current interest in civil procedure selected atthe time the subject is offered. In past years injunctive relief, cross-vesting, caseflow management, and comparative pleadings have been among the topics selected.

Objectives

Students who successfully complete this subject should

1. understand the modern trends and tendencies in resolving civil disputes in Victoria;
2. be familiar with recent shifts in civil administration of justice;
3. have a working knowledge of selected areas of legislation, rules and practice in civil procedure;
4. be able to draw upon procedural developments in other Australian and common law jurisdictions; and
5. be able to critically evaluate recent procedural developments in Australia.

Assessment

Choice of examination, open-book/take-home assignment, research paper(s): 10% per 750 words. Students choosing 100% assessment based upon one research paper must submit an outline and present the paper to the class.

Contact hours

One 2-hour seminar per week

Offered

Not offered in 2009

Synopsis

This subject has been conceived in the context of the rapidly changing taxation environment in Australia. It is designed to enable careful, in-depth consideration of selected recent developments within an academic framework. This requires some flexibility in the topics covered from year to year. The areas to be considered are chosen on the basis of three criteria: they constitute recent developments in the area of income tax; they are of practical significance, and they lend themselves to analysis at an academic level. The subject considers the recent spate of tax reform legislation, namely capital gains, fringe benefits, imputation, international, etc., and recent significant cases.

Assessment

One research assignment (3,750 words): 50%; One take-home examination (3,750 words): 50%

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

This course will cover

1. deliberate infliction of economic loss
2. interference with contractual relations [including with employee and family relations]
3. conspiracy to injure
4. the existence of a genus tort
5. relationship of those torts with workplace relations' law
6. economic losses suffered by injurious falsehood, passing-off and related Trade Practices offences
7. the negligent infliction of economic loss, including accountants' and auditors' liabilities.

Objectives

On completion of this subject students should

1. have an understanding of, and be able to evaluate critically, the principles on which liability for torts interfering with business and economic interests are based and
2. be able to analyse and understand the role of the courts and legislatures in prescribing the limits of permissible and impermissible conduct in business.

Assessment

Class participation: 10%
Research assignment (6750 words): 90%.

Contact hours

3-hour class per week for 8 weeks

Leader(s): Dr Heli Askola

Offered

City (Melbourne) Second semester 2009 (Evening)

Synopsis

This unit provides a solid introduction to the European Union (EU) and its relations with the world. Part I concerns the EU's historical development, legal powers (competences), legal instruments and decision-making procedures. Part II introduces the EU's economic law and policies, including the single market, the single currency and competition policy. Part III is devoted to the EU's relations with the world. It includes an overview of the EU's treaty-making powers and agreements with third world countries, EU trade policy (notably in the WTO) and the attempt to create a common EU foreign and security policy.

Objectives

This unit is designed for Australian and other non-European Union (EU)
lawyers who, for professional or academic reasons, seek an introduction to the law and policy of the European Union. The unit focuses on providing participants with a practical legal picture of the EU as well as a more analytical understanding of the functioning of the Union.

Assessment

Research essay (3750 words) 50%
Take-home Exam (3750 words) 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Marcia Neave

Offered

Not offered in 2009

Synopsis

Areas to be studied include the approach of the Family Court and of the Federal Court to the competing claims of creditors and spouses, the division of superannuation entitlements on divorce, the valuation of property in family law proceedings, the jurisdiction of the Family Court to make orders against third parties, the law relating to trusts and partnerships and the setting aside of unconscionable contracts using the Trade Practices Act and under the general law (sexually transmitted debt).

Objectives

This subject will require students to master aspects of the law concerning property rights of cohabitants who are or were married to each other. Students will achieve a detailed knowledge of the theoretical framework and of current legal developments concerning aspects of the law which are of special difficulty or which are of special interest. The may also acquire an understanding of areas of law which are not strictly speaking family law but which impact on the operation of family law, eg the law of bankruptcy, the law of trusts and principles of valuation of property. They will accordingly be equipped to deal with matters going beyond the Family Law Act, eg the insolvency of a spouse, Federal Court proceedings and actions concerning trustees of family trusts when these impact on family law litigation.

Assessment

Research paper (3000 words): 40%
Final examination (supervised 1.5 hours): 50%
class participation: 10%

Contact hours

One 2-hour seminar per week

Prerequisites

LAW4204 or relevant experience in practice

Leader(s): Dr Renata Alexander

Offered

Not offered in 2009

Synopsis

An analysis of practice and changes under the Family Law Act 1975 for the resolution of family conflict, and how expert evidence and social, psychological and medical sciences inform decision making.

Objectives

On completion of this subject students will have an understanding of

1. the resolution of family conflict within the existing system of family law, with particular emphasis on primary dispute resolution;
2. the role of the legal profession in the resolution of disputes about children and property in collaborative law processes and mediation;
3. the role of the judiciary and the legal conduct of child related trials;
4. The role of expert evidence and technical information in litigation;
5. the relevance of social, psychological and medical sciences in children's matters;
6. how family conflicts involving foreign jurisdictions are resolved;
7. new developments and changes over the last 12 months.

Assessment

Research assignment: 90% (7,000 words)
Class participation and attendance: 10%

Leader(s): Dr Emmanuel Laryea

Offered

City (Melbourne) Second semester 2009 (Day)

Synopsis

Role of banks & financial instruments in financing trade transactions & international payments. Bills of exchange & promissory notes, documents of title, documentary collections & commercial letters of credit in trade finance. Security for trade finance - Standby letters of credit, independent guarantees & performance bonds in financing construction and other contracts. Law of payments. The impact of e-commerce, and electronic letters of credit. Domestic & international funds transfer systems & rules & rights & liabilities of users & providers. Relevant international agreements & model rules applicable to these transactions. Conflicts of law issues that arise in international transactions.

Objectives

On completion of this subject, students should

1. be able to advise clients on the Australian law and practice and the international agreements and model rules governing
   1. the use of negotiable instruments, documentary collections and commercial letters of credit in financing international trade;
   2. standby letters of credit, independent guarantees and performance bonds and
   3. domestic and international electronic funds transfers and apply these legal rules of solve problems arising in these transactions;
2. be able to identify which jurisdiction's law governs the various aspects of documentary collections, letters of credit and international funds transfer transactions;
3. have a familiarity with
   1. the conflicts of law issues that arise in international banking transactions;
   2. the principal sources of law governing these transactions under English, Australian and United States law (with some comparisons with civil law) and
   3. the differences between the applicable rules in these legal systems on selected important issues; and
4. have developed legal research and writing skills and skills of oral presentation in a seminar context.

Assessment

Research paper (3,750 words): 50%

Take-home exam (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Sarah Joseph / Dr Julie Debeljak

Offered

City (Melbourne) First semester 2009 (On-campus block of classes)
City (Melbourne) Term 3 2009 (On-campus split block of classes)

Synopsis

Discussion of fundamental international human rights issues such as international human rights norms, international human rights institutions, theoretical perspectives on human rights including cultural relativism, appropriate responses to human rights violations, development of international human rights jurisprudence, human rights and corporations, economic, social and cultural rights, and select topical human rights issues.

Objectives

Human rights is one of the most dynamic areas of the law. There is an increasing need today for human rights specialists at both the international and domestic level. Students completing this subject should be able to identify and understand current international human rights structures, procedures, and provisions, as well as their relevance in international law and politics, and for Australian law and practice.

Assessment

Research essay (max 7500 words): 100% or
Two research essays (max 3750 words each) worth 50% each

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Associate Professor John Glover

Offered

Not offered in 2009

Synopsis

The definitions of 'residence', 'source' and other concepts used in international taxation will be considered first, together with the jurisdictional competence of the Australian taxing authority. Relevant provisions of the Income Tax Assessment Act 1997 (Cth) are outlined: exemption, accruals and tax credit regimes for foreign source income. Assessment and withholding tax regimes for the income of non-residents.

Objectives

Upon completion of this subject a student should

1. be familiar with the tax consequences of international trading and with the options which should be advised to a business so engaged;
2. understand the provisions of the Income Tax Assessment Act 1997 (C'th) relevant to the taxation of resident entities on income derived from all sources;
3. understand the provisions of the Income Tax Assessment Act 1997 (C'th) relevant to the taxation of non-residents on income derived from an Australian source;
4. understand tax aspects of international financing and leasing operations, the use of tax havens and various international tax planning techniques;
5. be able to identify the principles, laws and precedents relevant to the choice of tax-efficient, international trading structures; and
6. have developed skills of oral presentation of legal policy, rules and argument, including considerations of fairness, symmetry and efficiency.

Assessment

Research paper (3750 words): 50%, Class presentation/participation: 10%, Supervised examination (1 1/2 hours): 40%

Leader(s): Professor Justin Malbon

Offered

City (Melbourne) First semester 2009 (On-campus split block of classes)

Synopsis

This course is built around four main topics:

1. the International Trade of Goods including the contracts for sale, transport and financing of goods to and from Australia;
2. entry into a foreign market through the mechanisms of distributionship, agency, franchising, licensing and technology transfer;
3. impediments to a regulation of international trade - the impact of the GATT/WTO and,
4. international dispute resolution - negotiation, mediation, litigation and arbitration.

Objectives

Students who successfully complete this unit should have:

1. an awareness of the kinds of legal problems that arise from international commercial transactions;
2. acquired an understanding of how the law of sale of goods, negotiable instruments, carriage of goods, and dispute settlement is affected when goods cross national boundaries;
3. a familiarity with the principal mechanisms that trading parties use to resolve or reduce those problems;
4. an appreciation of contemporary issues in Australia's international trading relationships;
5. an awareness of the ways in which government controls of various kinds may affect private international commercial transactions; and
6. a broad knowledge of how the general problems of international trade operate in selected specific areas.

Assessment

Research assignment (3,750 words): 50%
Take home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Dr Oren Bigos

Offered

City (Melbourne) Term 3 2009 (On-campus block of classes)

Synopsis

Objectives and principles underlying corporate insolvency law. The concept of insolvency. Administration and deed of company arrangement. Procedures for winding up. Assets available for distribution in winding up. Proof and ranking of claims in winding up. Insolvent trading and director's duty to creditors. Voidable transactions. Enforcement of security and receivership. Cross-border insolvency.

Objectives

Students completing this unit should

1. have an appreciation of the objectives of corporate insolvency law;
2. understand the underlying principles of corporate insolvency law;
3. understand the impact of insolvency generally on a corporation's rights and liabilities; and
4. have an advanced understanding of the legal principles and rules which govern corporate insolvency, together with an understanding of the practical implications of such rules.

Assessment

Supervised examination (1.5 hours): 40%, Research assignment (3,750 words): 50%, Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Ms Joanna Betteridge

Offered

Not offered in 2009

Synopsis

This unit involves a study of Victorian law on occupational health and safety, in particular the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, OHS Regulations and compliance codes. Reference will also be made to Federal and other State and Territory OHS laws. The unit will explore the depth and scope of the duties and self-regulatory responsibilities which are cast upon employees and employers, contractors and occupiers and others at the workplace in Victoria with reference to relevant case law. These duties and responsibilities will be examined in an historical, sociological and wider legal context.

Objectives

On completion of this unit students should

1. have an understanding of, and be able to critically evaluate, the methods for prescribing and maintaining standards of safety in the workplace
2. have an understanding of the role of courts and legislatures in workplace safety
3. Be familiar with the current and emerging OHS legislation and case law in Victoria;
4. Have an understanding of how the OHS laws fit within the context of other legislation dealing with behaviour in the workplace such as industrial relations legislation, equal opportunity legislation and workers' compensation legislation; and
5. Be able to apply the law to a variety of fact situations with a view to solving problems and, if applicable, giving advice.

Assessment

Research assignment (3,750 words): 50%
Take home examination (3,000 words): 40%
Class participation: 10%
OR
Research assignment (7,000 words): 90%
Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Bob Williams

Offered

Not offered in 2009

Synopsis

This unit will analyse at least six areas of current interest in evidence law. A focus of the course will be the uniform Evidence Acts now in operation federally and in New South Wales and Tasmania: Evidence Act 1995 (Cth and NSW) and 2001 (TAs). A review of the uniform Acts conducted by the Australian Law Reform Commission, the New South Wales Law Reform Commission and the Victorian Law Reform Commission was concluded in 2005, with the Victorian Law Reform Commission recommending adoption of the uniform legislation for Victoria.

Objectives

On completion of this subject students should

1. understand the theoretical and practical obstacles to judicial proof of selected issues;
2. be able to identify; comprehend and discuss concepts of relevance, admissibility, probative value, prejudicial risk and facts in issue;
3. be equipped to undertake an analysis of a multi-issued problem, to identify relevant issues and to apply and comprehend exclusionary rules of evidence; and
4. be able to analyse critically the underlying issues in the adversary system of the disciplinary, protective and reliability principles and the concept of a fair trial.

Assessment

Either research assignments (3,500 words): 45%
Take-home examination (3,500 words): 45%
Class participation: 10% OR Two research assignments (3,500 words each), each worth 45% = 90%
Class participation: 10%

Contact hours

One 2-hour seminar per week

Leader(s): Professor Marilyn Pittard

Offered

Not offered in 2009

Synopsis

This subject examines major alterations in labour relations and public law, and studies the law governing employment of Government agencies officers. Main matters covered are: the common law of Crown employment; structure/management of Government services; appointment of officers, public servants and other government workers, their rights and obligations; classifications, transfers, promotions; remuneration/other benefits; grievances appeals procedures; tenure, dismissal, redundancies, redeployment, retirement; discipline and industrial action; impact of federal and state unfair dismissal statutory remedies.

Assessment

Research paper (3750 words): 50%
Take home examination: 40%
Class participation: 10%

Contact hours

One 3-hour seminar per week

Leader(s): Emeritus Professor Richard Fox

Offered

Not offered in 2009

Synopsis

Sources of sentencing law. The distribution of sentencing authority between the legislature, judiciary and executive arms of government. The control of sentencing discretion. The role of counsel in the sentencing hearing. Sentencing measures available to the courts. Forms of supervised and unsupervised release. Custodial measures. Federal and state legislation in the sentencing area and its relation to other sanctions such as that provided for under proceeds of crime legislation. Sentencing principles under Australian law and in relation to International tribunals such as the International Criminal Court.

Objectives

Students completing this unit should have an understanding of the legal framework within which offenders against federal and state law in Victoria are sentenced. They will recognise the non-judicial, as well as the judicial elements of sentencing, the empirical and legal bases of sentencing practice, and will have gained an understanding of the different philosophical underpinnings of the sentencing system.

Assessment

Two research assignments (3,750 words each) (50%) or One research assignment (7,500 words): 100% (in exceptional circumstances)

Offered

Not offered in 2009

Synopsis

The subject will revolve around the area of stamp duty but will also cover the remaining seven taxes or duties levied by the Victorian Government, with the least important among them being dealt with in survey form. The subject will deal with the relevant Victorian legislation and, in the case of each tax, the following areas will be covered: the constitutional framework against which the tax has been enacted; the principal charging provisions; deductions, exemptions and rebates; valuations and computations; returns and assessments; payments and recovery; objections and appeals. The emphasis will be on developing a conceptual basis on matters which have practical significance.

Assessment

One research assignment (3,750 words): 50% and One final examination (1.5 hours): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long

Leader(s): Mr Bruce Dyer / Mr Michael Hoyle

Offered

City (Melbourne) Second semester 2009 (On-campus split block of classes)

Synopsis

• The desirability of takeovers and the need for regulation
• The general scheme of regulation in Australia
• The principal means of effecting takeovers
• Defensive strategies and tactics
• Compulsory acquisition
• The regulatory structure, including the respective roles and powers of the Australian Securities and Investments Commission, the Takeovers Panel and the Australian Securities Exchange
• The means by which regulatory decisions may be challenged

Objectives

Students who successfully complete this unit should:

• Be able to analyse the circumstances of a potential offer for a proposed target company and provide advice as to
  1. the principal means by which a takeover may be effected (and the advantages and limitations of each alternative),
  2. how to prepare for and conduct the takeover, and
  3. the defensive strategies and tactics available to the target company to oppose the takeover
• Be familiar with the structure of regulation of takeovers in Australia including the respective roles and principal powers of the Australian Securities and Investments Commission, the Takeovers Panel and the Australian Securities Exchange and the extent to which the decisions of these bodies are subject to appeal or review
• Be able to analyse and examine critically arguments concerning the desirability and effects of takeovers and the regulation of takeovers
• Find that both their research skills, and their ability to construe and apply a complex statutory scheme, are enhanced

Assessment

Research paper (3,750 words): 50%
Take home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW4171 Corporations Law or LAW7277 Advanced Corporations Law or equivalent

Offered

Not offered in 2009

Synopsis

The course examines the nature of tax avoidance and the responses by the legislature and the judiciary to such activities. Its aim is to critically evaluate the responses and draw some conclusions as to the appropriate mix between substantive tax reforms, specific and general anti-avoidance provisions and judicial approaches to interpretation. Finally, the course aims to examine specific types of tax avoidance practices and the relevant responses, in order to determine if certain practices are more appropriately dealt with by the legislature of the judiciary, and to determine the likely judicial responses under current trends.

Assessment

One research assingment (6750 words): 90% and Class participation: 10%.

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

This unit examines the Commissioner's audit and recovery powers under the Income Tax Assessment Act 1936 and 1997 and the Taxation Administration Act 1953. It also focuses on the conduct of tax appeals, the ruling process and tax litigation.

Objectives

Upon completion of this subject the student should

1. be aware of the nature of discretions and statutory investigative powers and the circumstances and manner in which they are to be exercised;
2. be aware of the relationship of discretions to e.g. the assessment and collection of tax;
3. be aware of appropriate review and appeal procedures;
4. be able to determine the appropriate strategy, both from the clients and the government agencies point of view, to be adopted in various practical situations;
5. be able to articulate that strategy.

Assessment

Class presentation: 20%
Research assignment: 80%

Offered

Not offered in 2009

Synopsis

This course will provide an introduction to the tax structure of the member states of the European Community in a perspective of economic integration. It will deal with the developments of the case law of the European Court of Justice in the field of taxation and finally it will discuss the various obstacles and solutions in the field of taxation as the integrated European market of 1992 takes shape.

Assessment

One research assignment (3,750 words): 50% and One take-home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long

Offered

Not offered in 2009

Leader(s): Kevin Pose

Offered

Not offered in 2009

Synopsis

A detailed analysis of Australia's capital gains provisions from a practical perspective. The integration of the capital gain provisions in Part 3 of the Income Tax Assessment Act 1997 with other provisions of the Act, especially s.6. The concepts of 'an asset' and 'acquisition and disposal'. The application of Part IIIA to corporations (and, in particular, corporate reorganisations), family arrangements and trusts.

Objectives

Upon completion of this subject the student should have developed a thorough and detailed knowledge of the complex and intricate CGT provisions. In addition to a theoretical analysis of the provisions and the developing case law, there will be considerable focus on the practical implications of the provisions and the problems that have been encountered in seeking to determine the scope of their application. There will be an emphasis on active group discussions and debate during seminars in which all students will be expected to participate.

Assessment

Research Essay (3750 words): 50%
Take Home Examination (3750 words): 50%

Leader(s): Associate Professor Stephen Barkoczy

Offered

Not offered in 2009

Synopsis

This unit covers the main taxation rules that affect corporations and their shareholders. In particular, the unit focuses on the following topics:

• Taxation treatment of corporate distributions (eg dividends, non-share dividends and capital payments)
• Operation of the imputation system
• International aspects of corporate taxation (eg withholding tax and the foreign tax credit systems)
• Taxation consequences of share buy-backs and capital reductions
• Taxation issues arising from corporate reorganisations (eg takeovers, demergers, liquidations and consolidations).

Objectives

On completion of this unit students will have developed an understanding of the major issues relating to the taxation of corporations and shareholders.

Assessment

Class participation 10%; Final examination (3 Hours) 90%

Leader(s): Associate Professor John Glover/ Mr Paul Sokolowski

Offered

Not offered in 2009

Synopsis

* Relative tax-efficiency of corporate and unincorporated entities in the conduct of businesses.

• The law relating to the income and capital gains taxation of business trusts, not including unit trusts.
• Current income and capital gains taxation of partnerships, not including limited partnerships.
• Consideration of the joint venture phenomenon and various income and capital gains taxation alternatives it accommodates.
• Comparison of trust, partnership and joint venture taxation regimes in comparable countries.

Objectives

Upon completion of this unit, a student should

1. be familiar with the taxation consequences of different business structures and the situations where an unincorporated enterprise may be preferred;
2. understand the provisions of the Income Tax Assessment Act 1936 (Cth) relevant to the taxation of trusts (other than unit trusts), including present entitlement, deemed present entitlement and the attribution regimes for transferor trusts, controlled foreign trusts and foreign investment funds;
3. understand provisions of the Income Tax Assessment Act 1936 (Cth) relevant to the taxation of persons conducting business in partnership;
4. understand provisions of the Income Tax Assessment Act 1936 (Cth) which supply alternative regimes for persons conducting business as a joint venture;
5. be able to identify principles, laws and precedents bearing on the taxation consequences of choosing an unincorporated business structure; and
6. have developed skills of oral presentation of legal policy, rules and argument in an interactive seminar context, including considerations of fairness, symmetry and efficiency.

Assessment

Research paper (3,750) words: 50% Class participation/presentation: 10% Final examination (2.5 hours): 40%

Leader(s): Associate Professor John Duns (Summer 2008)(Semester One); Mr Andrew Monotti (Semester One)

Offered

City (Melbourne) First semester 2009 (Evening)

Synopsis

The unit examines the restrictive trade practices provision of the Australian Trade Practices legislation. Topics to be discussed include the rationale and objectives of competition law; mergers; misuse of market power; anti-competitive agreements; exclusive dealing; resale price maintenance; penalties and remedies; authorisation and notification.

Objectives

On completion of this subject students should

1. have an appreciation of the competing schools of thought on the objectives of competition law;
2. be able to assess when conduct substantially lessens competition;
3. have an advanced understanding of the legal principles which govern Australia's competition laws.

Assessment

Class participation: 10%
Research assignment (3750 words): 50%
Take-home examination (3000 words): 40%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Dr Yet Bryant

Offered

City (Melbourne) Trimester 3 2009 (On-campus block of classes)

Synopsis

The unit is concerned with land use controls administered by municipal councils and other planning authorities. It will firstly give the candidate a broad outline of statutory planning in Victoria and with an emphasis on urban regions, then concentrate on a number of specific issues including:

• What considerations are relevant to the exercise of planning discretion.
• The power to include conditions in planning permits and limitations on such power; legal responses to problems of urban sprawl.
• Ministerial planning powers; citizens participation in the planning process; the role of the Victorian Civil and Administrative Tribunal.
• Other topics depending on time and interest of class.

Objectives

On completion of this subject students should

1. have an appreciation of the legal issues which may arise in relation to the preparation, administration and enforcement of planning instruments so as to be able to identify and find relevant principles, law and precedents, including decisions of the Planning and Environment List of the Administrative Appeals Tribunal, and to resolve such issues;
2. be equipped to advise individuals, corporations, local government and community groups of their rights and obligations under planning legislation and planning schemes;
3. have developed legal research and writing and legal argument skills by undertaking systematic research into legal policy and rules relating to the statutory planning process; and
4. have developed skills of oral presentation in an interactive seminar context.

Assessment

Research assignment (3,750 words): 50%
Take home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prohibitions

LAW4144

Leader(s): Ms Adiva Sifris, The Hon. Justice Nahum Mushin

Offered

Not offered in 2009

Synopsis

The areas examined will include some or all of the following: the legal implications of changes in family forms; the prognosis for primary dispute resolution and the need for private ordering in family law; recent developments in property division including the splitting of superannuation entitlements, bankruptcy reforms, procedures relating to third parties and taxation implications; an analysis of the recent reforms in the area of parenting, children and child support; legal issues arising from domestic relationships and same-sex parenting.

Objectives

This unit will require students to identify and analyse contemporary problems in family law and policy and understand how such problems have been resolved in Australia and some overseas jurisdictions. Students completing the unit will acquire a detailed knowledge of recent Australian developments in case law and legislation and current law reform proposals. They will also obtain an understanding of the theoretical and policy background to contemporary family law issues.

Assessment

Research assignment (6,750 words): 90% and Class participation: 10%

Contact hours

One 2-hour seminar per week

Prerequisites

None

Offered

Not offered in 2009

Synopsis

This subject explores the relationship between traditional judicial and recent legislative initiatives to refine the income tax base. The focus is on the impact of tax law changes on ordinary commercial and family transactions. Tax minimisation arrangements will be analysed in terms of their underlying legal and economic structures and the effect recent judicial initiatives and statutory changes have had on them. The subject contents are continually updated to take into account recent legislative changes and policy announcements. Typical topics might include income assignments; the taxation of incentive payments; amortisation of intangibles; debt defeasance and cancellation of indebtedness.

Assessment

One research assignment (3,750 words): 50% and One take-home examination (3,750 words): 50%

Leader(s): Professor Susan Kneebone

Offered

City (Melbourne) Second semester 2009 (Evening)

Synopsis

This unit will introduce students to current issues about forced migration and human rights. Topics to be discussed include:

• Causes of forced migration and human rights abuse, including development induced displacement, environmental degradation, decolonisation, conflict and war, globalisation of market economies, including trafficking in humans.
• Legal categories and consequences: refugees, internally displaced persons, victims of trafficking, smuggled migrants, victims of torture, stateless people.
• The overlap between international human rights law, refugee law and international migration law.

Objectives

A student who has completed this unit will have the following outcomes:

1. An understanding of the causes of forced migration and the links with human rights abuse.

2. Knowledge about the legal categories of forced migrants.

3. Knowledge of the significance and consequences of attributing legal status to the different categories of forced migrants.

4. The ability to critically evaluate the role of law in defining the rights of forced migrants.

5. Knowledge about the institutional arrangements for protecting the rights of the different categories of forced migrants.

6. The ability to critically evaluate the role of institutions in providing protection and solutions to forced migrants.

7. Knowledge about the various options and solutions for dealing with forced migration, and the ability to critically evaluate them.

8. Enhanced oral and written communication skills, including the ability to conduct research and to devise a research project.

Assessment

Research paper (3,750 words): 50%

Take home examination (3,750 words): 50%

or

Research paper (7,500 words): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW026 Overview of international human rights law

Leader(s): Ms Rowena Cantley-Smith

Offered

City (Melbourne) Term 1 2009 (On-campus block of classes)

Synopsis

This unit examines the way in which the international community is tackling existing and future environmental problems- including ozone layer depletion, climate change, destruction of biodiversity, heritage conservation and disposal of hazardous waste. International and local obligations in respect of world heritage sites and climate change will also be examined. The development of international environmental law policy will be looked at as well as Australia's high profile in international negotiation on environmental matters.

Assessment

Research paper (4000 words) - 50%

Take home exam - 50%

Leader(s): Associate Professor Judd Epstein

Offered

City (Melbourne) Trimester 3 2009 (Evening)

Synopsis

Dispute resolution methods and the process of mediation. The use of simulation exercises, videos, and modelling students to gain practical skills to enable lawyers to aid their clients, particularly commercial clients, through mediation. Contrasts between mediation theory and its application in the courts.

Objectives

On completion of this subject students should have

1. an acquaintance with and critical appreciation of the range of alternatives to litigation;
2. an understanding of the process and principles of mediation;
3. a practical understanding of the uses of mediation in Victoria; and
4. satisfied the requirements of the Law Institute for enrolment of the panel of eligible mediators (conditions apply).

Assessment

Two simulated mediation exercises: 50%
Research paper (3750 words): 50% OR Take home examination (3750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Eric Wilson

Offered

Not offered in 2009

Synopsis

Many international legal, political and economic issues of the day involve international organisations. This subject aims to give students an overview of international organisations and the role they play in the development of international law. The following subjects will be considered: the sources of international institutional law; the UN including the General Assembly, the Security Council, peacekeeping operations and human rights; global judicial bodies including the International Court of Justice and War Crimes Tribunals; international economic organisations including the GATT/WTO, Regional Organisations particularly APEC and finally the effectiveness of international organisations.

Objectives

Students who successfully complete the course should have

1. acquired an understanding of the development and practice of international organisations and their role in developing international law;
2. an understanding of the roles, structure, functions and practice of international organisations;
3. a general knowledge of regional organisations particularly in the Asia Pacific region and the unexplored links between regional organisations and global governance;
4. examined some particular case studies which evaluate the effectiveness of international organisations and the current issues they face, and
5. enhanced their presentational, legal research and legal writing skills.

Assessment

Participation in model Security Council exercise: 30%
Final examination (2 hours): 70%

Contact hours

Two 1.5 hour lectures per week

Leader(s): Professor Mark Davison

Offered

City (Melbourne) Term 3 2009 (On-campus block of classes)

Synopsis

The statutory protection offered by the registered trade marks system, and the common law and equitable protection accorded through the actions of passing off and related torts. The unfair trading provisions of Part V of the Trade Practices Act 1974 (Cth) and its State counterparts. The policies and objectives underlying these different laws, and the Trade Marks Act 1995 (Cth). International and comparative aspects. The merits of developing a broader law of unfair competition or misappropriation.

Objectives

Students who successfully complete this unit should

1. have an enhanced appreciation of the policies and objectives underlying the laws relating to the protection of trade marks and other commercial designations;
2. be in a position to comment critically on those policies and objectives and to relate them to recent legislation;
3. have developed a detailed knowledge of the subject matter that is eligible for protection under these laws, the requirements for obtaining such protection and its scope, once obtained;
4. be in a position to provide detailed and comprehensive advice to traders and other parties on their rights and liabilities under these laws;
5. have a sound understanding of the operation and application of the rules governing the international protection of trade marks and commercial designations, and some knowledge of the models of protection provided by other jurisdictions;
6. have a clear appreciation of the arguments for and against developing a broader law of unfair competition or misappropriation;
7. Meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Law (topic group C).

Assessment

Optional written assignment (3,750 words): 50% and take home exam (3,750 words): 50% OR subject to the lecturer's approval, take home exam (7,500 words): 100%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Associate Professor Moira Paterson

Offered

Not offered in 2009

Synopsis

The subject provides a comprehensive and critical examination of current issues relating to laws which affect public information in the possession of, or generated by, the federal and Victorian governments (including statutory authorities and municipalities). Topics covered include statutory requirements to provide reasons for decisions, public access to hearings and meetings, freedom of information, breach of confidence, public interest immunity, legal professional privilege, Crown copyright, statutory secrecy provisions and privacy.

Objectives

On completion of this subject students should

1. understand the close interrelationship of the diverse laws which regulate or affect public access to government information;
2. have acquired a comprehensive and up-do-date knowledge of the Commonwealth and Victorian Freedom of Information Acts, of the statutory provisions which require provision of written reasons and of the Privacy Act 1988 (Cth);
3. have extended their basic understanding and knowledge of the legal principles and rules relating to evidentiary privilege and breach of confidence;
4. be able to critically analyse from a variety of theoretical perspectives the ways in which these various laws balance competing public and private interests involved;
5. demonstrate a capacity to conduct systematic research on some specific topic of Government and information law; and
6. have an appreciation of contemporary issues of relevance to this area of law.

Assessment

Research assignment (5,250 words): 70%: Take-Home Examination (2,250 words): 30%

Leader(s): Professor Alison Firth

Offered

City (Melbourne) Second semester 2009 (On-campus block of classes)

Synopsis

The law of intellectual property is becoming increasingly international. The TRIPs Agreement, part of the WTO framework, has forced developing and developed nations to heighten the level of intellectual property protection. In addition, a large number of specific international treaties has set high standards for national states to comply with. The process of harmonisation at the European level provides additional norms of international IP protection. Subjects treated include: copyright law, neighbouring rights, trademark law, patent law, industrial design protection, sui generis database right and IP enforcement.

Objectives

1. To examine the bases for the international protection of intellectual property rights.
2. To examine the evolution of new international norms in relation to intellectual property.
3. To consider the relationship between the international protection of intellectual property rights and wider questions of international trade relations.

Assessment

Assignment (100%) - 7,500 words

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Coordinators: Associate Professor Ann Monotti / Associate Professor John Duns

Offered

City (Melbourne) Summer semester B 2009 (On-campus block of classes)
City (Melbourne) Term 2 2009 (Day)
City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)
Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)
Clayton Summer semester A 2009 (Day)

Synopsis

A program of individual research and writing on a topic pursuant to a proposal approved by the Postgraduate Studies Committee. The topic may be one which does not fall within the scope of coursework subjects offered during the year or, where the topic is dealt with in such a subject, the mode of assessment in that subject may not provide the opportunity to research and write a significant paper.

Objectives

The student successfully completing this subject should

1. have demonstrated the capacity to undertake independent legal research;
2. have displayed advanced analytical competence; and
3. have further developed skills in the presentation of legal writing.

Assessment

Research paper (7,500 words): 100% Note: Students who wish to enrol in this unit must first contact the Postgraduate Studies Office.

Offered

City (Melbourne) First semester 2009 (Day)
City (Melbourne) Second semester 2009 (Day)

Synopsis

A program of individual research and writing on a topic pursuant to a proposal approved by the Postgraduate Studies Committee. The topic may be one which does not fall within the scope of coursework subjects offered during the year or, where the topic is dealt with in such a subject, the mode of assessment in that subject may not provide the opportunity to research and write a significant paper.

Objectives

The student successfully completing this subject should

1. have demonstrated the capacity to undertake independent legal research;
2. have displayed advanced analytical competence; and
3. have further developed skills in the presentation of legal writing.

Assessment

Research paper (7,500 words): 100% Note: Students who wish to enrol in this unit must first contact the Postgraduate Studies Office.

Offered

City (Melbourne) First semester 2009 (Day)
City (Melbourne) Second semester 2009 (Day)

Synopsis

A program of individual research and writing on a topic pursuant to a proposal approved by the Postgraduate Studies Committee. The topic may be one which does not fall within the scope of coursework subjects offered during the year or, where the topic is dealt with in such a subject, the mode of assessment in that subject may not provide the opportunity to research and write a significant paper.

Objectives

The student successfully completing this subject should

1. have demonstrated the capacity to undertake independent legal research;
2. have displayed advanced analytical competence; and
3. have further developed skills in the presentation of legal writing.

Assessment

Research paper (7,500 words): 100% Note: Students who wish to enrol in this unit must first contact the Postgraduate Studies Office.

Offered

City (Melbourne) First semester 2009 (Day)
City (Melbourne) Second semester 2009 (Day)

Synopsis

A program of individual research and writing on a topic pursuant to a proposal approved by the Postgraduate Studies Committee. The topic may be one which does not fall within the scope of coursework subjects offered during the year or, where the topic is dealt with in such a subject, the mode of assessment in that subject may not provide the opportunity to research and write a significant paper.

Objectives

The student successfully completing this subject should

1. have demonstrated the capacity to undertake independent legal research;
2. have displayed advanced analytical competence; and
3. have further developed skills in the presentation of legal writing.

Assessment

Research paper (7,500 words): 100% Note: Students who wish to enrol in this unit must first contact the Postgraduate Studies Office.

Leader(s): Dr Matthew Groves

Offered

Clayton Trimester 1 2009 (Day)
Clayton Trimester 3 2009 (Day)

Synopsis

1. A series of classes in legal problem-solving techniques. A guide to the theory of legal argumentation and how those skills can be applied for maximum benefit in dealing with legal problems.
2. develop students' legal research skills with an emphasis on teaching students how these skills can be applied to produce efficient and accurate legal writing. Students are also required to present and defend a legal submission, hence enhancing their oral presentation skills and their ability to work with others. While print sources will be referred to, a greater emphasis will be placed in the unit on teaching the new and burgeoning electronic sources together with the resources of the Internet.

Objectives

On completion of this subject students will have developed:

1. an understanding of the nature of legal research;
2. an ability for undertaking independent legal research;
3. sophisticated skills in legal research techniques;
4. the ability to analyse legal problems, to apply relevant law and to argue a case (in a written and oral form) to a level appropriate for qualified legal practitioners;
5. an ability to work in groups.

Assessment

Individual Research Test: 20%. This task requires students to research a legal problem and prepare an answer within a class. Draft professional letter, topic to be set by the lecturer. This task requires the student to demonstrate their writing skills in a practical professional context: (20%). Group Research Topic: 60%. This task requires students to divide into groups (of 2-4 students) and research the answer to a large problem. Students are required to research and plan the topic in groups, but prepare and submit an individual answer to the problem. This exercise will require students to: research a legal issue; prepare a submission on the topic (maximum of 2,500 words, not including notes); present their paper, as a group, to the rest of the class (15 minutes); defend their paper against criticisms/comments made by the rest of the class (10 minutes). This exercise accounts for a total of 60% of the assessment for this unit, which consists of: 35% for the final paper (2,500 words), 25% for the presentation of the paper.

Contact hours

2 hours per week x 12 weeks

Offered

Not offered in 2009

Synopsis

After a brief examination of the history of various forms of confiscation students will be required to study the conceptual basis upon which property is confiscated in various jurisdictions and to understand the legislative and organisational framework under which asset confiscation is undertaken in Australia at both federal and state levels. The subject is designed to provide students with insight into the principal issues thrown up by asset confiscation, including the concepts of 'property' and 'benefit'.

Objectives

At the completion of this subject students should understand

1. the laws and mechanisms providing for the confiscation of the proceeds of crime;
2. the way in which criminal assets are confiscated in Australia; and
3. how the legislature has attempted to resolve competing public and private intereests. The subject will also attempt to integrate asset confiscation law with the sentencing process.

Assessment

Two research assignments (3000 words each): 80%
Class participation: 20%

Leader(s): Professor Marilyn Pittard / Mr Richard Naughton / Mr Bruce Moore

Offered

City (Melbourne) First semester 2009 (Evening)
City (Melbourne) Term 3 2009 (On-campus split block of classes)

Synopsis

1. the contract of employment: the rights and obligations of employers and employees; rights in respect of unfair dismissal and redundancy, and remedies for breach;
2. industrial awards: the role of awards in employment relations; making awards and resolving disputes at federal level; the role of industrial tribunals; legal constraints and regulation of award making powers; enforcement; role of unions in arbitration;
3. collective and individual agreements under the Commonwealth Workplace Relations Act 1996; process of negotiation; legal status of such agreements; procedures for enforcement; role of unions and industrial tribunals;
4. legislative prescription of minimum entitlements.

Objectives

On completion of this unit students will have acquired

1. a knowledge of the law relating to employee relations in Australia, the sources of rights and obligations between employers and employees and the processes of resolving employer-employee disputes;
2. an understanding of the theoretical and philosophical bases underpinning the resolution of industrial disputes and the determination of relationships between employer and employees in Australia; and
3. an appreciation of the operation in practice of the systems of dispute resolution and determination in Australia.

Assessment

Research assignment (3,750 words): 50%
Class participation: 10%
Take home examination (3,000 words): 40%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Mark Hayes

Offered

City (Melbourne) Trimester 2 2009 (On-campus block of classes)

Synopsis

This unit examines the structure, function and powers of local government in Victoria and provides a detailed examination of the Local Government Act 1989 and other related legislation.

Objectives

On completion of this unit, students will have an understanding of:

• The framework for local government in the context of recent legislative developments (namely the introduction of the Local Government Act 1989)
• The framework of the Local Government Act 1989 in the context of other legislation affecting the powers and functions of local government
• The structure of local government
• The powers councils have to attain their objectives, purposes and functions.

Assessment

Research paper (3,750 words): 50%
Take home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Rhys Bollen

Offered

Not offered in 2009

Synopsis

This subject covers selected legal and policy issues arising from banking and payment services. The emphasis of this subject is on e-payments and e-value transfers, and these shall be evaluated in different contexts including the legal, policy, technological and business contexts. E-commerce and m-commerce issues arising in relation to e-payments shall also be covered. Several systemic, analytical and legal issues will be covered, including the evolution of payment concepts, the irrevocability of payment instructions, consumer protection relevant to the use of such value transfers. This shall be put in the context of the Australian regime for regulating banking services generally.

Objectives

Teaching Objectives are:

1. to provide an introduction to retail and wholesale payment systems in general,
2. to provide an introduction to electronic payment and electronic value transfer systems technology and operations,
3. to provide an introduction to the issues, policy, laws, regulations and other of sources electronic payment and electronic value transfer systems,
4. to identify the practical and legal risks posed by electronic payment and electronic value transfer systems,
5. to provide a context for the informed evaluation of the legal response adopted for the redressing of such risks,
6. to provide an overview of the regulation of banking services. Learning Objectives are:
7. general understanding of contemporary and developing payment systems and products,
8. competent identification and understanding of the legal issues raised by the provision and use of electronic payment or electronic value transfer systems,
9. fostering of critical insight and analysis in relation to electronic payment and electronic value transfer systems issues and developments,
10. familiarization with legislative or regulatory sources of banking, payment and value transfer systems policy and technological development,
11. awareness of, and ability to evaluate the factors influencing the policy and regulation of electronic payment and electronic value transfer systems,
12. provision of a basis for the competent comparative analysis and critiquing of regional and international electronic payment and electronic value transfer systems.

Assessment

The assessment of this subject shall be by means of class participation (including one class presentation) and one written presentation (1,500 words) worth 20%, and one research assignment (6,000 words) worth 80%.

Contact hours

Intensive: 24 hours over 4 days

Leader(s): Professor Jeff Goldsworthy

Offered

Not offered in 2009

Synopsis

Recent developments in the Australian judiciary's conception of its constitutional role, the new emphasis on "fundamental principles" and individual rights; an analysis of these developments from the perspectives of contemporary philosophies of law and adjudication; the nature of interpretation of legal texts; recent judicial and scholarly challenges to the historical and philosophical credentials of the doctrine of parliamentary sovereignty; tensions in the administration of law - the nature and value of the Rule of Law, and its relationship with judicial law-making; institutional capacities of judges as effective law-makers

Objectives

Upon successful completion of this subject students should possess a sophisticated understanding of

1. recent developments in the judiciary's conception of its constitutional role, and its effects on changes in legal doctrine;
2. how these developments are analysed and evaluated by the leading contemporary philosophies of law;
3. differences between common law, statute law and constitutional law which are relevant to the constitutional role of the judiciary;
4. ambiguities in the notion of the 'rule of law', as it pertains to judges. Students should also have improved their ability to
   1. engage in the theoretical analysis of legal concepts at a deep level;
   2. confidently participate in argument in the context of an interactive seminar;
   3. clearly and persuasively present ideas and argument in written form.

Assessment

Research assignment (3750 words): 50%
Class participation: 10%
Take home examination (3000 words): 40%

Contact hours

One 2-hour seminar per week

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

This subject involves a study in detail of the consumer credit legislation. Topics to be covered include:

1. the nature of credit, and the scope of the legislation;
2. truth in lending;
3. advertising;
4. formal requirements governing the contracting process;
5. variations;
6. product liability (with particular reference to linked credit providers);
7. securities;
8. guarantees;
9. unjust contracts;
10. termination and enforcement of contracts;
11. licensing and administration; and
12. the reform process and proposals for further reform.

Objectives

Students completing this subject will

1. acquire an understanding of the functions of credit and security;
2. be familiar with the forms of credit contract principally in use and the reasons for their development;
3. understand the history and politics of consumer credit law reform up to the time of the most recent legislation;
4. appreciate the policy concerns which underlie consumer credit legislation and the problems to which regulation gives rise;
5. have a detailed knowledge of the statute and case law governing consumer credit transactions; and
6. be in a position to evaluate critically the effectiveness of the legislation and proposals for further reform.

Assessment

Postgrad Research essay (3750 words): 50%
Final examination (2 hours): 40%
Class Participation:10%

Prerequisites

LAW2100 and LAW3400 or equivalent

Leader(s): Professor Ann Monotti / Mr Raymond Hind

Offered

City (Melbourne) Trimester 3 2009 (On-campus split block of classes)

Synopsis

* The Australian patent system.

• History and rationale of the patent system.
• The concept of invention; the requirements for patentability; patent application procedure.
• The drafting of claims; the enforcement, maintenance and exploitation of patents, and the international patent system.
• The relationship between patent and trade secrets protection, and the relationship between patent and plant breeders' rights protection.

Objectives

Students who successfully complete this unit should

• Have an enhanced appreciation of the policies and objectives underlying the laws of patents and confidential information
• Be in a position to comment critically on those policies and objectives and to relate them to current proposals for law reform
• Have developed a detailed knowledge of the subject matter that is eligible for protection under these laws, the requirements for obtaining such protection and its scope, once obtained
• Be in a position to provide detailed and comprehensive advice to inventors, enterprises and other persons engaged in the process of innovation on their rights and liabilities under these laws; and
• Have a sound understanding of the operation and application of the rules governing the international protection of patents for inventions and allied rights.
• Meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Patent Law (topic group E).

Assessment

Research assignment (3,750 words): 50%
Take home exam (3,750 words): 50% OR Supervised exam (2.5 hours): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Stephen Barkoczy

Offered

City (Melbourne) Trimester 3 2009 (On-campus split block of classes)

Synopsis

This unit examines superannuation policy, regulation, taxation and practice in Australia. The subject will focus on the way in which superannuation funds are regulated and taxed and it will also consider a number of tax and estate planning strategies for their members.

Objectives

On completion of this subjects students should be able to

1. understand the structure of different types of superannuation funds in Australia and the reasons for these differences including those which relate to the provisions of our taxation legislation;
2. understand the operation of superannuation funds including
   1. the role and duties of trustees and those to whom they delegate especially in relation to investment;
   2. the rights of members individually and collectively and
   3. the role and duties of third parties such as auditors; and
3. examine the effect of superannuation in bankruptcy law, family law and industrial law.

Assessment

Class participation 10%, assignment 30% (2,250 words) and take-home examination 60% (4,500 words)

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Colin Campbell

Offered

Not offered in 2009

Leader(s): Dr Matt Collins

Offered

City (Melbourne) Trimester 3 2009 (On-campus block of classes)

Synopsis

This unit will comprise a detailed study of Australia's defamation laws:

1. Defamation laws as a mechanism for balancing freedom of speech and the right to reputation;
2. Australia's current system of uniform defamation laws;
3. The residual relevance and operation of common law principles;
4. Comparative analysis of corresponding principles in England and the United States;
5. Application of defamation laws to new media including the Internet;
6. Alternatives to defamation law;
7. Defamation law in practice, from pre-publication to trial by jury.

Objectives

Students successfully completing this unit should:

1. understand Australia's new uniform defamation laws and how they differ from the previous regime of differing State and Territory laws;
2. have a thorough knowledge of the elements of the cause of action, the operation of defences and remedies;
3. appreciate the differences between the way in which freedom of expression is protected in Australia, England and the United States;
4. recognise the advantages and disadvantages of defamation law as a cause of action when compared to available alternatives;
5. understand the operation of choice of law principles where defamatory matter is published across multiple jurisdictions, including via the Internet;
6. develop the skills necessary to provide effective pre-publication advice;
7. have an awareness of how defamation trials are conducted from the perspective of both plaintiffs and defendants.

Assessment

One research assignment (3750 words): 50%
One take-home examination (3750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Offered

Not offered in 2009

Leader(s): Mr David Yarrow

Offered

Not offered in 2009

Synopsis

The common law concept of native title. The Native Title Act 1993 and complementary State legislation, with particular reference to mediation, negotiation and determination process, extinguishment of native title, compensation and future dealings with native title land. Comparison of native title and the rights provided to grantees under the various State and Territory land rights statutes, including the different provisions with respect to aboriginal control and consent to mining and development on aboriginal land. The various legislative regimes for the identification and protection of aboriginal cultural heritage and sacred sites on land not under aboriginal ownership.

Objectives

Upon completion of this subject students should

1. have a general understanding of the common law and statutory framework of interests in land held by, or able to be claimed by, Aboriginal persons and groups;
2. have a detailed understanding of the nature and content of native title, and the evidentiary requirements and procedures for making claims;
3. be able to differentiate between the incidents of native title and other forms of Aboriginal tenure, particularly rights with respect to mining and development;
4. be able to compare the legal regimes for resolution of aboriginal land claims in Australia, the United States, Canada and New Zealand;
5. be able to understand, evaluate and apply policy arguments for and against reform of the laws relating to Aboriginal rights and interests in land;
6. know how to identify or find relevant principles, laws and precedents and apply them to resolve problems relating to Aboriginal land disputes;
7. have further developed legal research and writing and legal argument skills by undertaking systematic research into legal policy, rules and procedures relating to Aboriginal interests in land; and
8. have further developed skills of oral presentation of legal policy, rules and argument in an interactive seminar context.

Assessment

Research paper (5000 words): 50%
Take-home examination or second research paper (5000 words): 50%

Contact hours

Intensive, 24 contact hours.

Leader(s): Professor Bernadette McSherry

Offered

Not offered in 2009

Synopsis

1. Civil law: examines the involvement of psychiatrists and psycologists in assessing mental conditions arising from personal injuries in tort law as well as mental competency for the purposes of guardianship and civil commitment legislation and in relation to consent to treatment.
2. Psychiatrists' and psychologists' involvement in the criminal law: assessments for the purposes of law relating to fitness to stand trial, insanity, automatism, infanticide and sentencing.
3. Evidentiary issues pertaining to psychiatrists and psychologists giving expert testimony in the courtroom; admissibility of expert evidence, the ultimate issue rule and use of psychological syndrome evidence.

Objectives

Upon successful completion of the subject, students should possess a sophisticated understanding of

1. the ways in which psychiatrists and psychologists may become involved in the civil law system;
2. the ways in which the criminal law takes into account mental impairment;
3. when and why psychologists and psychiatrists may be called to give evidence in the civil and criminal courts; and
4. the use of psychological syndrome evidence and concepts of dangerousness in the court system. Students should also have improved their ability to
5. engage in the theoretical analysis of policy and legal issues relating to the interplay between psychiatry, psychology and law;
6. confidently participate in argument in the context of an interactive seminar;
7. engage in research; and
8. clearly and persuasively present ideas and arguments in written form.

Assessment

Research assignment (3000 words): 40%
Class participation: 10%
Take home examination (3750 words): 50%

Contact hours

One 2-hour seminar per week

Leader(s): Dr Jonathan Clough and Justice Frank Vincent

Offered

Not offered in 2009

Synopsis

The course will vary so as to maintain a focus of developing significance. Topics covered may include: concepts of criminal justice, managerialism in criminal justice, juries, legal aid in the post-Dietrich era, the nature and extent of police investigative powers, gender issues in criminal justice, judicial training, recent developments in sentencing, the media and the criminal justice system, prosecution of complex criminal cases, the concept of dangerousness in the criminal justice system and miscarriages of justice.

Objectives

On completion of this course students should

1. have an enhanced understanding of the administration and functioning of the criminal justice system in Victoria;
2. possess an appreciation of the ways in which the content of subjects such as evidence, criminal procedure and substantive criminal law come together in the context of a criminal trial;
3. possess a substantial practical understanding of the details of the conduct of a criminal trial in Victoria; and
4. possess an enhanced capacity to evaluate from a theoretical and critical perspective aspects of the administration of the criminal justice system.

Assessment

Research assignment (5000 words): 70%
Research assignment (2500 words): 30%

Contact hours

One 2-hour seminar per week

Leader(s): Associate Professor Gaye Lansdell (Summer 2008)(Semester Two); Dr Yet Bryant (T1-58)(T3-58); Ms Martine Marich (T1-58)(T2-58)(T3-58)

Offered

Clayton Term 1 2009 (On-campus block of classes)
Clayton Trimester 1 2009 (Day)
Clayton Term 3 2009 (On-campus block of classes)
Clayton Trimester 3 2009 (Day)

Synopsis

Australian legal and political institutions, including the institutions of government and the constitutional framework. Sources of law in Australia, including the historical origins of our legal system, common law and equity, legislation and delegated legislation and the contemporary relationship between the courts and Parliament. Legal writing including an introduction to legal terminology, an overview of the different types of writing required in the Law School and a discussion of the criteria for assessment. Case law and statutory interpretation.

Objectives

On completion of the course students should have: (a) developed an understanding of the legal and political institutions in Australia; (b) developed an understanding of the sources of law in Australia and the interrelationship between case law and statute law; (c) acquired an ability to read and analyse cases and an understanding of the process by which case law evolves; (d) become familiar with significant principles of statutory interpretation and acquired an ability to interpret law and an understanding of the role of judges in interpreting legislation; (e) learned how to search for and locate cases, statutory law and secondary materials in the Law Library; (f) acquired an understanding of the requirements of good legal writing, including basic matters of style; g) met the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Legal Process and Overview of Intellectual Property (topic group A, part 1).

Assessment

Research paper (3750 words): 50% and either Examination (2 hours): 50% or
Take Home Examination (3750 words): 50% (to be determined by the unit lecturer)

Contact hours

LLM(LP) students - 5 hours per week x 5 weeks. LLM students - 24 contact hours, semi-intensive.

Leader(s): Mr Simon Minahan

Offered

City (Melbourne) Second semester 2009 (Evening)

Synopsis

Legal issues such as copyright, defamation and censorship. The practical effects of legal regulation (or lack thereof) on the Internet. The nature of the Internet itself, how the different legal issues interrelate and how the application of different legal concepts may shape the future of the Internet.

Objectives

Upon completion of this unit, students should have an understanding of the internet in its various guises and what legal principles affect the use and regulation of the internet in Australia, encompassing more specifically an understanding of:

• The legal implications of selling goods and services via the internet, including issues of consumer protection laws (including the law of passing off), trade marks and

• The applicability of traditional copyright principles to the digital environment of the internet
• How copyright may be infringed on the internet
• Moral rights in the context of the internet
• How the law of defamation operates in an online

• The laws affecting content regulation, focusing mainly on the Australian situation with some reference to overseas developments
• Privacy laws as they arise in the online context
• The international implications of the regulatory

Assessment

Research assignment (3,750 words): 50% +Take home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Ms Frances Hanks / Dr Philip Williams

Offered

Not offered in 2009

Synopsis

This subject will examine legal and economic theories of regulation, with particular reference to utilities. The implications of general competition law for utilities will be discussed in some detail, with a focus on vertically integrated utilities and utilities operating in markets where there are varying degrees of competitive constraint. The appropriateness of industry specific regulation will also be considered. Case studies based on recent Australian and New Zealand decisions will be used to illustrate the topics covered.

Objectives

Upon completion of this subject, students should

1. have a working knowledge of micro-economic theory relevant to competition law;
2. have a working knowledge of the principles of competition law, and the statutory competition law framework in Australia;
3. have a detailed knowledge of the policy arguments for and against industry regulation in relation to natural monopolies, and vertically integrated utilities;
4. have a detailed knowledge of common techniques of industry regulation, including substantive rules and institutional arrangements, and their legal and economic policy rationales;
5. be able to identify the relevant legal and economic principles in the field of industry regulation, and apply them to current issues in utility regulation;
6. have further developed legal research and writing and legal/policy advocacy skills by undertaking systematic research into legal and economic policy issues, and legal rules and regulatory procedures, in relation to regulation of utilities;
7. have developed skills of oral presentation and debate in relation to legal and regulatory policy, in an interactive seminar context.

Assessment

Research paper (6750 words): 90%
Class participation: 10%

Contact hours

Intensive

Leader(s): Ms Joanna Betteridge, Mr Bruce Moore, Mr Richard Naughton

Offered

Not offered in 2009

Synopsis

This unit examines:

• The legal regulatory framework under the Workplace Relations Act 1996 (Cth) and collective/individual employment agreements, contract of employment and rights/duties of employers/employees
• Obligations of receiver/manager towards employees
• Employment aspects of acquisition/merger of businesses and winding up
• Closure of business (or part), outsourcing and redundancy payments
• Management in the context of occupational safety laws and responsibilities
• Sources of companies' superannuation rights and obligations to their employees
• Protecting businesses from competition by employees/ex-employees and industrial action

Objectives

Upon completion of this unit, students should have:

1. an understanding and working knowledge of labour law which are of particular significance to corporate lawyers in carrying out their responsibilities;
2. a general understanding of the common law and statutory regulatory framework of employer and employee rights and obligations in Australian;
3. a detailed understanding of the rights and obligations of employers and employees in the context of commercial business transactions including acquisitions, mergers, insolvencies, and of commercial entities' labour law responsibilities in outsourcing and restructuring business;
4. an understanding of sources of rights and obligations of corporate directors' in superannuation and workplace health and safety, and a knowledge of protecting business from both competition by employees and ex-employees, and from industrial action;
5. an ability to understand, evaluate and apply policy arguments for and against reform of laws and practices in the corporate and labour law area and to resolve employment problems relating to corporate law.

Assessment

Class participation: 10%
Take-home examination (no more than 2,250 words): 30%
Research paper (4,500 words):60%

Offered

Not offered in 2009

Synopsis

The topics to be considered in the subject will vary from year to year, depending on what recent or impending developments are of most importance. These developments will be dealt with under general headings such as whose and what activities are controlled by Administrative Law; the reach and depth of judicial review of administrative action; statory restrictions on judicial review; judicial discretaions to decline to review or to award remedy; legal consequences of administrative error; avenues of review and choice of forum; problems in proving administrative error.

Assessment

One research assignment (3,750 words): 50%; One take-home examination (3,750 words): 50%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Dr Gideon Boas

Offered

Not offered in 2009

Synopsis

International humanitarian law (IHL) is a body of law that governs the conduct of armed conflict. It is established and developed to limit the effects of armed conflict, establishing protection for civilians and combatants no longer participating in the conflict. After an introduction to the concept and role of IHL, the unit examines its historical development, the body of rules and their sources, particularly the Geneva Conventions of 1949 and their Additional Protocols of 1977, and the development of IHL through the interpretation of custom by international courts and tribunals, by states and by the International Committee of the Red Cross.

Objectives

Students will learn about the permissibility of armed conflict in international law, the way in which IHL regulates the conduct of armed conflict (eg. indentification of lawful combatants, protection of civilians and combatants, permissible weaponry, obligations and rights of peace-keeping forces, the legal and practical role of defence forces and humanitarian workers), the way in which IHL is enforced (international 'war crimes' tribunals and domestic equivalents, including the International Criminal Court) and future challenges for IHL.

Assessment

Research assignment (3,750 words): 50%
Take home examination (3,750 words): 50% OR

Research Assignment (7,500 words):100%

Leader(s): Dr Vicky Priskich

Offered

Not offered in 2009

Synopsis

Issues relating to the regulation of the Australian banking and finance industry including government regulation and industry self-regulation. Legal basis of the banker-customer relationship. Current legal and equitable issues relating to the banker-customer relationship. Fiduciary, statutory, contractual and/or tortious duties that may be imposed on bankers in relation to banking and associated activities. Current legal risks inherent in common lending transactions. Policy considerations relating to statute, common law and equitable principles which may impact on the banking and finance industry.

Objectives

Upon completion of this unit students should

1. have a general understanding of the various regulatory systems in place within the Australian banking and finance industry including both government regulation and industry self regulation;
2. have a detailed understanding of particular issues of current interest arising from the regulation of the banking and finance industry;
3. have a general understanding of the legal basis of the banker-customer relationship and of the kinds of transactions usually contemplated within that relationship;
4. have a general understanding of the kinds of transactions engaged in by banking and financial institutions which do not necessarily fall within the ambit of the traditional banker-customer relationship;
5. have a detailed understanding of specific contractual, tortious, statutory and equitable responsibilities which may confront a bank or financial institution in the course of banking and associated activities;
6. have examined in detail a number of current legal issues that may arise in relation to standard lending transactions, particularly those which may impose "indirect" or "unforeseen" risks on banks and financial institutions;
7. have developed skills of evaluation of common law and statutory principles to ascertain their potential impact on standard banking and finance transactions;
8. be able to understand, evaluate and apply legal and policy arguments in favour of reform of certain areas of law and practice insofar as they might impact on the banking and finance industry.

Assessment

Take home exam (3,750 words): 50%
Research Paper (3,000 words): 40%
Class Presentation / Participation: 10%

Contact hours

Intensive

Leader(s): Dr Noel Byrne

Offered

Not offered in 2009

Synopsis

This unit examines the particular legal issues and problems that arise with respect to the preparation and negotiation of contracts dealing with the licensing of technology and intellectual property. It will provide an overview of the basics of contract law. Students will then consider the specific legal principles that apply to the licensing of various forms of intellectual property.

Objectives

The key provisions to be included in licensing contracts will be discussed, as will issues of risk management, dispute resolution and implications of different commercialisation structures. Another key focus of the unit will be effective negotiation tactics, techniques and skills.

Assessment

Licence drafting and negotiation exercise: 30%
Take home examination (5,250 words): 70%

Leader(s): Mr Stephen Gray / Mr Ian Horak

Offered

City (Melbourne) First semester 2009 (On-campus split block of classes)
City (Melbourne) Term 3 2009 (On-campus block of classes)

Synopsis

This unit is designed to meet the requirements of the Professional Standards Board for Trade Marks and Patent Attorneys ("the Board") in relation to an overview of intellectual and industrial property. As such, it provides an overview of all aspects of intellectual and industrial property including trade marks, copyright, patents, designs, circuit layouts, plant breeders' rights and confidential information. It will also examine the major international intellectual property treaties and the relationship of intellectual and industrial property with consumer protection legislation and restrictive trade practices legislation.

Objectives

• To have an understanding of the nature and objectives of the common law and statutory regimes protecting trade marks, patents, copyright, designs, confidential information, circuit layouts and plant breeders' rights
• To acquire a basic knowledge of the subject matter that is eligible for protection under these laws
• To provide basic advice to inventors, authors, traders and other enterprises on their rights and liabilities under these laws
• To meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to an Overview of Intellectual Property (topic group A, part 2)
• To acquire an appreciation of the basic features of the international rules governing the protection of intellectual property.

Assessment

Supervised examination (1.5 hours) or Take home examination (3,750 words): 50% , and Research assignment (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Ian Horak

Offered

City (Melbourne) Summer semester A 2009 (On-campus block of classes)

Synopsis

This unit is designed to meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to trade mark practice and the professional conduct of trade marks attorneys. The unit content details the process by which trade mark applications are made, registration maintained and how registered trade marks are exploited via assignment, licensing and their use as security in financial transactions. It also deals with conflicts of interest and the need to maintain appropriate monitoring systems. Emphasis is also placed on practices and procedures of the Trade Marks Office.

Objectives

Upon successful completion of this unit, students will:

1. Meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Practice (topic group D) and Professional Conduct (topic group B);
2. Acquire an understanding of the rights, privileges and responsibilities of trade marks attorneys;
3. Be able to advise clients in relation to the prosecution of trade marks applications, the maintenance of registration and the means of exploiting those trade marks;
4. Be able to undertake the tasks of filing and prosecuting applications for trade mark registration;
5. Be able to advise clients on the desirability of seeking trade marks protection and alternative protection regimes in Australia and other countries

Assessment

Assignment (3,750 words): 50% Examination (1.5 hours) or Take home examination (3,750 words): 50% or Examination (3 hours): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Associate Professor Susan Kneebone

Offered

Not offered in 2009

Synopsis

The changing role of government and administration; the type of tort issues which can arise. The traditional theoretical bases and backgrounds of administrative law and tort law against the changing context of privatisation. Historical development of the principles relating to the tort liability of public authorities, and the development of the various heads of tort liability. Analysis of recent High Court decisions. Examination of some "special" defences and protections. Comparison with other jurisdictions.

Assessment

Written seminar research paper (1500 words) and oral presentation (15 minutes): 20%
Research project (3000 words): 40%
Final examination (1.5 hours): 40%

Leader(s): Professor Elizabeth Boros (Winter); Mr Scott Wotherspoon (Winter)

Offered

City (Melbourne) Second semester 2009 (Evening)

Synopsis

The unit provides a thorough study of shareholders' remedies, examining both litigious and non-litigious remedies.

Litigious remedies include: class actions and recent developments in derivative litigation, as well as oppression, winding up, alteration of the constitution, dilution of equity stakes and compulsory acquisition of minority shareholdings.

Non-litigious remedies include: the role of advance planning, drafting issues in relation to shareholders' agreements and constitutional provisions, and the scope for activism by institutional and retail shareholders in listed public companies.

Objectives

Students who have successfully completed the subject will have:

1. a thorough knowledge of the common problems experienced by members of various types of company;
2. an understanding of strategies for preventing or remedying those problems without recourse to litigation;
3. an understanding of the litigious remedies available to combat those problems;
4. an understanding of likely trends for future development of the law relating to shareholders' remedies;
5. enhanced research skills, as a result of undertaking a substantial piece of writing on an aspect of shareholders' remedies.

Assessment

Research assignment (3750 words): 50%: Take-home examination (3750 words): 50% OR Research assignment (7500) words: 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW4174 or LAW7277 or equivalent.

Leader(s): Mr Chris Doidge

Offered

City (Melbourne) Trimester 3 2009 (On-campus split block of classes)

Synopsis

This unit examines in detail a range of existing and emerging intellectual property issues associated with the use of the internet for domestic and commercial transactions. It will examine the particular problems of extending existing law to accommodate the digital environment and review proposals for reform. The topics covered include copyright, domain names, trade marks, passing off and patents. Given the global nature of the internet, these issues will be looked at from the domestic and international perspectives.

Objectives

Upon completion of this unit students will be able to:

1. recognise the particular intellectual property issues to which the Internet gives rise;
2. apply existing laws to these issues, both domestically and in an international context, and where appropriate formulate proposals for reform of that law;
3. anticipate other intellectual property issues that may arise in this context in the future and suggest options for development of laws to address those issues;
4. develop and demonstrate oral communication skills and skills of presentation of legal concepts, rules and argument in an interactive seminar context;
5. develop and demonstrate legal research and writing and legal argument skills.

Assessment

Research assignment (3,750 words): 50%
Take home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

This unit focusses on the more advanced issues arising in this area and assumes that students will have a background in intellectual property, either through formal study at a graduate or undergraduate level or through practical experience.

Leader(s): Mr Anthony Loschiavo

Offered

Not offered in 2009

Synopsis

The aim of this unit is to identify important legal issues that arise in facilitation and regulation of electronic commercial transactions, most notably private commercial law issues related to contracts and payment systems & their impact upon the daily life of practioners. Reference will also be made to public law issues related to regulation of the infrastructure of electronic commerce such as tax policy and encryption, the scope and effect of Electronic Transactions Act 1999 (C'th). and the UNCITRAL model laws. The unit will consider related competition and trade practices issues, as well as consumer protection, privacy and cybercrime.

Objectives

On successful completion of this unit, students should have:

• a thorough knowledge of the scope and effect of the Electronic Transactions Act 1999 (C'th);
• an understanding of the current problems associated with electronic transactions and the extent to which the existing legal regime facilitates or impedes those transactions;
• an awareness of international developments relating to electronic transacting and also the current issues relating to cross border transacting; and
• an understanding of likely trends for future development of the legal regime relating to electronic transacting.

Assessment

Reseach paper (3,750 words): 50%
Take home examination (3,000 words): 40%
Class participation: 10%.

Contact hours

One 2-hour lecture per week

Leader(s): Associate Professor Moira Paterson

Offered

City (Melbourne) First semester 2009 (Evening)

Synopsis

This unit examines the various legal and policy issues relating to privacy and information security that arise in cyberspace. Students will be required to consider the range of technological and regulatory measures that are available, or required, to deal with the specific issues that arise in the context of this rapidly evolving communications and business medium. They will also be given the opportunity to fully explore the relevant technology, how the different privacy and security issues to which it gives rise interrelate and the application of the various regulatory mechanisms which have been designed to deal with these problems.

Objectives

On completion of this unit, students should have an understanding of the impact of the internet on information and private space privacy and on the security issues which need to be resolved in the context of eCommerce and the mechanisms available to protect privacy and security in cyberspace, encompassing more specifically:

1. An understanding of the different facets of privacy, including the distinction between privacy, secrecy and confidentiality;
2. A detailed understanding of the mechanisms and methodologies used for surveillance, of the range of persons and entities that have an interest in such activities and of the potential impact on individuals;
3. An understanding of how privacy and security may be compromised on the internet and the legal and policy implications of privacy and security infringements
4. A detailed knowledge of privacy laws and their limitations as they operate in the online context;
5. A broad understanding of other laws which protect the privacy and security of personal information;
6. An awareness of the implications of the relevant international regulatory frameworks;
7. Further development of legal research and writing and legal argument skills by undertaking systematic research into legal policy, rules and procedures relating to the protection of personal information in cyberspace;
8. Further development of skills of presentation of legal concepts, rules and argument in an interactive seminar context.

Assessment

Research Assignment (5,250 words): 70%
Take home examination (2,250 words): 30%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7213 or equivalent unit or experience)

Leader(s): Ms Rowena Cantley-Smith

Offered

Not offered in 2009

Synopsis

Examines a number of recent issues on the international agenda in the context of international legal principles. The course will examine two main areas: developments in existing international legal principles such as statehood, territory and the use of force by analysing current fact situations; specific growth areas in international law, and issues that may pose challenges to the international legal system in the future, including development of new methods of dispute resolution, use of peace-enforcement operations, and the problems posed by the Internet to traditional concepts of jurisdiction. Examination of the impact of international law on the domestic legal system in recent years.

Objectives

Students who have successfully completed the subject should:

1. understand the construction of the international legal system, including the sources of international law and the concept of international personality;
2. be able to apply international legal principles to current issues on the international agenda;
3. be able to anticipate areas where international law may have an impact in the future and develop a legal response to such situations;
4. have developed the ability to identify areas where customary international law and treaty law is relevant to domestic jurisprudence and areas for potential development;
5. be able to critically analyse the traditional notions of the international legal system in the context of recent theoretical approaches to international law;
6. have developed legal research and writing skills using both primary and secondary international legal materials;
7. have developed oral communication and presentation skills through interaction in a seminar context.

Assessment

Class participation and presentation: 10%
Research paper (3500 words): 50%
Examination (2 hours): 40%

Contact hours

One 2-hour seminar per week

Leader(s): Associate Professor Pamela O'Connor

Offered

Not offered in 2009

Synopsis

(Online mode). Examination of the place of tribunals in our system, their diversity of functions, composition and powers. The roles of members and specialist members are discussed. Introduction to legal system and the principles of administrative law that relate to making and reviewing decisions under legislation. Examination of the decision-making process of tribunals, focusing on legal and ethical requirements and areas of discretionary choice. Students will compile a journal recording the outcome of each step in the process of an actual decision-planning process, getting and assessing evidence, making findings, applying law and policy, reaching decision and drafting statement of reasons.

Objectives

On completion of this unit students will have demonstrated:

1. awareness of the scope of their powers and the legal requirements for the exercise of their powers;
2. competence in interpreting the legislation under which they make decisions;
3. competence in designing a fair decision-making process that is suited to the nature of the decision and the legislative requirements;
4. the application of a structured and systematic approach to their decision-making; and
5. competence in drafting a clear and legally compliant statement of resons for decision.

Assessment

A series of practical activities which students are required to perform using their own legislation and working on a case or cases selected from their own tribunal practice. All activities are submitted online (7,500 words maximum).

Prerequisites

students must hold or have held appointments as members of an administrative board or tribunal which exercises decision-making powers under statute.

Leader(s): Dr Peter Johnston

Offered

Not offered in 2009

Synopsis

Objectives of administrative and judicial adjudication; relevance of curial methods and evidentiary rules in administrative contexts; how natural justice and other Administrative Law principles constrain and mould administrative fact-finding processes; natural justice implications of recent legislative trends;oral hearings, assess competency of witnesses, question witnesses (including witnesses with particular mental and intellectual disabilities), work with interpreters, test a witness's credit, interpret witness's words and demeanour, probe and test evidence, draw appropriate inferences of fact, evaluate expert evidence, assess conflicting evidence, explain and justify findings of fact.

Objectives

By completing this subject students will have demonstrated the ability to:

1. consider how an adjudicator's fact-finding procedures are shaped and constrained by the administrative context, particular statutory requirements and the rules of natural justice:
2. select appropriately from a variety of means by which administrative adjudicators may inform themselves about the facts of a case;
3. select and practise appropriate techniques for testing the credibility of witnesses and the cogency of evidence;
4. draw appropriately upon the rationale of the rules of Evidence and the principles of Administrative Law for guidance in resolving fact-finding issues, and
5. explain and justify their appraisal of the evidence and their findings of fact in a clear, logical and lawful manner.

Assessment

Group written hearing plan for the practicum 30%
2. Case study analysis (group or individual activity) - 30%
Written assignment: 40% (Total words for all assessment no more than 7,000)

Contact hours

2 hours per week

Leader(s): Dr Pamela O'Connor

Offered

Not offered in 2009

Synopsis

Online seminar with individual and paired or group activities. Module A: re-opening of tribunal findings in other proceedings; Tribunals' power to correct their own decisions; Jurisdictional consequences of breach of procedural requirements in legislation; Must the government keep its promises? - estoppel and legitimate expectations; Conflict of interest, ethics and the bias rule. Module B: Implications of compulsory referral of parties to alternative dispute processes; Overcoming adversarial culture; Representation and unrepresented parties; tribunal undependence from executive government iinfluence; implications for administrative justive of performance management regimes for tribunals.

Objectives

On completion of this unit students will have demonstrated the ability to:

1. apply principles of Administrative Law to actual or simulated problems in adjudicative practice
2. investigate selected issues of administrative justice in depth
3. compare and evaluate different proposals and responses to the selected issues
4. collaborate in the presentation of a clear and coherent written response, and
5. lead group discussion on their chosen Topic in an online seminar.

Assessment

The assessment will comprise four tasks: Students will select two (2) Topic questions from Module A, and answer in 1,800 words each (each question is 20% of the total assessment). Students will select a Topic question from Module B or seek approval of a Topic of their own devising, and will present a 3,750 word written seminar to the class - 50%. Each student will initiate discussion on his or her seminar topic for Module B by posting an opening message to the online discussion forum of about 750 words - 10%.

Contact hours

The unit requires the equivalent of 12 hours per week over one semester. This will be made up of a combination of: reading the online materials and guided readings, optional further readings, self-directed reading for the Module B group activity, completing assessment activities, leading and contributing to the online discussion forum.

Additional information on this unit is available from the faculty at:

http://www.law.monash.edu.au/units/law7250/index.html

Leader(s): Mr Shawn Whelan

Offered

City (Melbourne) Trimester 2 2009 (On-campus block of classes)

Synopsis

This unit provides comprehensive coverage of the theory and skills of Principled Negotiation and their applications in mediation. Students will: explore a coherent and systematic framework for understanding negotiation, and its implications for a mediator's role; practise using guidelines for getting best results in negotiation, and for improving the effectiveness of mediation and related processes; practise techniques for defusing conflict within the mediation process; identify key assumptions that help define the various ADR processes available, and apply them in choosing an appropriate process for disputes; and examine practical and ethical tensions commonly faced by mediators.

Objectives

Upon successful completion of this unit, students should have:

1. a thorough and practical understanding of the theory of principled negotiation;
2. a framework for analysing and managing all third party dispute resolution processes;
3. an ability to demonstrate advanced communication skills;
4. an appreciation of negotiation and process management objectives;
5. experience in using practical guidelines for simplifying the negotiation process and third party processes generally;
6. a range of systematic frameworks for preparation, diagnosis and creative problem solving.

Assessment

Role play (oral) assessment: 30%

Written negotiation analysis: 20%

Take-home examination (3,750 words): 50%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prohibitions

LAW4160

Leader(s): Professor Sarah Joseph

Offered

Not offered in 2009

Synopsis

This subject takes the intersection of international economic activity and international human rights as a new and crucial issue for international law and practice by examining the source, validity, scope, definition, violation and enforcement of social and economic rights obligations. Attention is focussed on global regulatory bodies such as the WTO, IMF and the World Bank as well as activities of multinational corporations and international investment tribunals.

Objectives

Students of this course will be able to: 1) Understand the intersection between the international human rights regime and international economic institutions (eg, WTO, World Bank, IMF, multinational corporations, international investment tribunals); 2) Understand the most relevant human rights, including the right to development and economic social and cultural rights, and the right of political participation; 3) identify human rights impacts of the operation of international economic actors; 4) identify avenues through which human rights concerns can be raised within international economic institutions; 5) identify the human rights obligations of international economic actors; 6) understand proposals for greater integration between human rights and international economic law; 7) enhance their skills in legal and written research on the above topics.

Assessment

One 7,500 word research paper, or two 3,750 word research papers.

Contact hours

24 hours per semester

Prerequisites

LAW7026

Leader(s): Mr Raymond Hind / Mr Warwick A Rothnie

Offered

City (Melbourne) Summer semester A 2009 (On-campus block of classes)

Synopsis

A detailed study of the Australian registered designs system. International conventions, as well as design protection in other countries. Origins and rationales, relationships with other regimes that protect products of the innovative process. Requirements for registration, the registration process and Designs Office practice. Examination of the registered rights, including their enforcement, maintenance and exploitation. Proper relationship between designs and copyright protection. Other forms of protection for designs are considered.

Objectives

Students who have successfully completed this unit will:

1. understand the origins and development of registered designs protection in Australia;
2. have a thorough knowledge of the law relating to the registration of designs and the scope and enforcement of associated rights;
3. be familiar with other legal regimes that offer protection for designs
4. be alert to when a registered design and other intellectual property rights may co-exist in relation to the same subject matter;
5. be aware of the limitations of designs protection and proposals for reform;
6. understand the international aspects for protection of designs;
7. have the skills to apply for registration, prosecute the application and maintain registration of a design;
8. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Designs (topic group I).

Assessment

Class exercise: 10%
Research assignment (3,750 words): 50%
Supervised examination (2.5 hours) OR take home exam (3,000 words): 40%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): T.B.A.

Offered

Not offered in 2009

Synopsis

The principal topics include context of collective investment regulation in Australia; the juristic nature of financial regulation; mandatory requirements of the business form for collective investment; statutory prudential controls and trust law in the regulation of investment decisions in collective investments; the use of disclosure in the regulation of collective investment; regulation of intermediaries in the market for collective investments; and ownership and control in the market for collective investments.

Objectives

The principal topics include context of collective investment regulation in Australia; the juristic nature of financial regulation; mandatory requirements of the business form for collective investment; statutory prudential controls and trust law in the regulation of investment decisions in collective investments; the use of disclosure in the regulation of collective investment; regulation of intermediaries in the market for collective investments; and ownership and control in the market for collective investments.

Assessment

Research paper (5000 words): 70%
Class presentation and synopsis: 30%

Prerequisites

LAW4171 and LAW4170 or LAW4169 or comparable units

Leader(s): Dr Bronwyn Naylor

Offered

City (Melbourne) Trimester 3 2009 (Evening)

Synopsis

Consumer protection legislation is well established in Australia. The last couple of decades have, however, seen a massive global reassessment of the role of the state, with moves away from traditional 'command and control' regulation and increasing reliance on new forms of regulation and self-regulation. Globalisation has at the same time rendered traditional governmental control in some areas problematic. These trends, in turn, have produced significant shifts in the ways in which consumer interests are being protected. Moves towards self-regulation in the private sector, and corporatisation and privatisation in the public sector, have underlined the importance of establishing and monitoring corporate accountability and compliance with consumer protection obligations.

This unit will examine state and federal legislative consumer protection mechanisms, and the development, operation and monitoring of self-regulatory and industry-based mechanisms such as licence and contract conditions, Codes of Practice, Customer Charters and Standards. Seminars with the lecturer, together with a range of guest presenters, will examine the role of industry regulators, dispute resolution regimes such as industry-based Ombudsman schemes, and compliance, enforcement and monitoring mechanisms. There will also be consideration of the influence of, and importance of achieving compliance with, global consumer protection obligations, together with specific issues raised by the new information technologies.

Objectives

Upon completion of this unit students will have

1. an understanding of the existing mechanisms for consumer protection in Australia;
2. an understanding of a range of methods for regulating for consumers;
3. an understanding of, and ability to evaluate, the options for protecting consumer interests and of monitoring compliance when formulating a regulatory framework;
4. an understanding of likely trends in consumer protection; and
5. enhanced research skills as a result of undertaking a substantial piece of writing.

Assessment

Research assignment (5,250 words): 70%
Take home examination: 30% OR research assignment (7,500 words): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Ms Melissa Castan

Offered

Not offered in 2009

Synopsis

This subject will examine the existing international law that promotes/protects human rights and freedoms of indigenous peoples and locate this law within their culture and traditions. Historical and cultural perspectives. A study will be undertaken of the major international instruments that protect and promote the rights of indigenous peoples. Draft United Nations declaration will be discussed. Main focus of discussion will include definition of indigenous peoples, right of self-determination, collective as opposed to individual rights, anti-discrimination, land and resource rights, civil and political participation, rights to language and education

Objectives

At the end of the course the student will be able to 1) identify the key issues regarding the recognition, protection and enforcement of indigenous rights by way of international law and international fora; 2) research the major theoretical and practical issues regarding the protection of indigenous rights; 3) comment on prospect for reform on the legal rights of indigenous peoples, in the light of current legislative, judicial and political developments; and 4) present written and oral analysis of complex problems involving the rights of indigenous peoples in international law.

Assessment

Seminar assessment: 20%
Research paper (6000 words): 80%

Contact hours

Intensive

Prerequisites

LAW7026

Offered

Not offered in 2009

Synopsis

The related party provisions under Pt 2E.1 of Corporations Law. Responsibilities of directors under the insolvent trading provisions in Pt

Leader(s): Professor Stephen Barkoczy / Mr Geoff Mann

Offered

City (Melbourne) Trimester 2 2009 (On-campus split block of classes)

Synopsis

This unit comprehensively examines the operation of Australia's goods and services tax (GST). It examines the key legislation, case law and rulings in the area and focuses on the concepts of taxable supplies, GST-free supplies and input taxed supplies. The way in which the GST law applies to a range of practical commercial arrangements, such as land transactions, sales of businesses, financial transactions and imports and exports is considered in detail. Historical, comparative and policy issues relating to GST are also canvassed.

Objectives

Students who have completed this unit will have:

1. A solid knowledge of GST legislation and case law
2. A broad understanding of GST policy issues
3. An appreciation of how the GST law applies to a range of practical situations; and
4. An ability to research and resolve complex GST issues.

Assessment

Examination 50%+ essay 40%
class participation 10%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Scott Wotherspoon

Offered

City (Melbourne) First semester 2009 (Evening)

Synopsis

This unit is designed for students who have not studied Australian corporate law in a law school environment. It can be undertaken as a single unit. It also provides the necessary background for students wishing to undertake any of the other corporate law units in the LLM program, all of which are specialised and assume familiarity with Australian corporate law. The unit will begin by examining the history and development of Australian corporate law and theories of corporate regulation. It will then move on to examine both the internal governance of the corporation (including directors' duties and shareholders' remedies) and the relationship between the corporation and the outside world.

Objectives

Students will gain an understanding of corporations and financial regulation, develop oral communication skills and skills of presentation of legal concepts, rules and argument in a corporate law context and develop legal research and writing and legal argument skills in this area.

Assessment

Research assignment (3,750 words): 50%; Take-home examination paper (3,750 words): 50%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Martine Marich

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 2 2009 (Day)

Synopsis

This subject gives students an understanding of the fundamental principles of criminal law and procedure and of the policies underlying them. The focus of the course will be on the principles and doctrines of criminal law but students will also examine substantive State and Federal offences, such as homicide, non-fatal offences against the person, sexual offences, property offences and relevant defences and aspects of criminal procedure. The subject will satisfy the requirements of the Council of Legal Education for admission to practice.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the fundamental concepts of the criminal law, including actus reus, mens rea and strict liability, and burden and standard of proof;
2. acquired an understanding of the elements of the principal common law and statutory offences and defences;
3. acquired analytical and interpretative skills necessary for giving advice in relation to factual scenarios arising under the Victorian and Federal criminal laws;
4. acquired an understanding of Victorian and Federal criminal procedure and the ability to identify and apply procedural rules and principles;
5. acquired an awareness of the historical, political and social context of the criminal law.

Assessment

Memorandum of Advice requiring students to provide detailed advice on issues of criminal law and procedure: 30% Final examination: 70%

Contact hours

5 hours per week x 5 weeks

Co-requisites

LAW7212 and LAW7079.

Prohibitions

LAW3300

Leader(s): Paul Brenner

Offered

Not offered in 2009

Synopsis

This subject gives students an understanding of the fundamental principles and concepts of contract law and of the policies underlying them. It will examine first the common law of contract, then cover the legislative provisions overlaying the common law, such as the Trade Practices Act. Finally students will be introduced to the key elements of international trade contracts and related issues such as jurisdictional issues. The subject will satisfy the requirements of the Council of Legal Education for admission to practice.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the fundamental concepts of the common law of contract, including formation, terms, breach and damages;
2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations;
3. developed an understanding of the issues arising in the context of international trade contracts;
4. developed the ability to analyse disputes arising from a contractual relationship and to give appropriate advice to clients involved in such disputes;
5. further developed skills in caselaw analysis and statutory interpretation.

Assessment

Memorandum of Advice: requiring students to analyse a set of instructions from a client involved in a contract dispute and prepare a detailed memorandum of advice: 30%

Contact hours

2 hours per week x 12 weeks

Co-requisites

LAW7212 and LAW7079.

Prohibitions

LAW2100.

Leader(s): Ms Suzie Linden

Offered

City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This subject give students an understanding of the fundamental principles and concepts of tort law and of the policies underlying them. It will examine the principal common law torts, including negligence and defamation, and the relationship between common law rights and remedies and relevant State and Federal legislation. Students will become familiar with policy issues such as loss distribution and the role of compulsory insurance. The subject will include an introduction to comparable systems of compensation in relevant overseas jurisdictions.

Objectives

On completion of this subject students will have:

1. acquired the ability to analyse a factual situation and accurately identify tortious rights and obligations;
2. acquired the ability to identify remedies available under relevant legislation;
3. acquired some familiarity with the policies underlying tort law and the ability to recognise the likely future development of the law in this area;
4. further developed skills in caselaw analysis and statutory interpretation.

Assessment

Memorandum of Advice: 30%
Final examination: 70%

Contact hours

2 hours per week x 12 weeks

Prerequisites

LAW7212

Prohibitions

LAW2200

Leader(s): Dr Elise Histed

Offered

City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This subject gives students an understanding of the fundamental principles and concepts of real and personal property law. It will examine the various forms of proprietary interests, the legal rules governing the enforceability of proprietary interests and the rules by which conflicts between competing interests are resolved. It will include a brief examination of the development of the system of registration of title and the implications of the introduction of electronic regulation.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the fundamental concepts of the law relating to real and personal property;
2. acquired a thorough familiarity with the relevant legislation relating to real property in Victoria;
3. acquired an ability to analyse accurately the legal implications of disputes involving property interests and to apply relevant legal provisions and principles to such disputes;
4. acquired an initial understanding of the practice of property litigation;
5. further developed skills in caselaw analysis and statutory interpretation.

Assessment

Memorandum of Advice: 30%
Final examination: 70%

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212 and LAW7265

Prohibitions

LAW3400

Leader(s): Greg Taylor/Sarah Joseph

Offered

City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This subject will give students an understanding of the fundamental principles and concepts of Australian constitutional law, State and Federal, and of the philosophy underlying them. Students will acquire the capacity to identify and analyse constitutional issues and to apply them in relevant factual contexts which they are likely to encounter in practice. The subject will examine briefly some different constitutional systems in nations with which Australian legal practitioners are likely to have dealings through trade contracts and discuss ways in which such different constitutional systems may affect dealings between citizens of those countries and Australia.

Objectives

On completion of this subject students will have:

1. acquired a thorough understanding of the fundamental principles and concepts of Australian constitutional law, both State and Federal, including an understanding of the importance of the separation of powers and the independence of the judiciary;
2. acquired an understanding of the theoretical and practical operation of the Australian federal system and its effect on daily commercial transactions;
3. acquired an understanding of the developments in the distribution of powers within the Australian system and their likely future directions;
4. acquired some familiarity with other constitutional systems and the relevance of such systems to trade and other commercial dealings with nations under such systems;
5. further developed skills in caselaw analysis.

Assessment

Research essay: 30%
Final examination: 70%

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212

Prohibitions

LAW3201

Leader(s): Dr Elise Histed

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This subject gives students an understanding of the historical significance of the doctrine of equity. It will examine the increasing use by the courts of equitable doctrines in the areas of breach of confidence, fiduciary duties, unconscionable dealing, and in the development of legal remedies.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the significance of equitable doctrines and principles in the contemporary Australian legal system;
2. acquired the ability to identify the potential application of equitable doctrines within factual situations which arise in legal practice;
3. developed the ability to argue persuasively for or against the application of appropriate equitable doctrines in cases where the applicability of such doctrine may not be settled;
4. further developed skills in caselaw analysis.

Assessment

Reserach Essay (2,500 - 3,000 words): 30%;
Final Examination (2 hours plus reading time): 70%.

Contact hours

2 hours per week x 12 weeks

Prerequisites

LAW7212 and LAW7265

Co-requisites

LAW7267

Prohibitions

LAW4169, LAW4201

Leader(s): Gail Hubble

Offered

City (Melbourne) Trimester 2 2009 (Day)

Synopsis

This course will build upon the Principles of Property Law course primarily in relation to Land Law, set within the continuing context of priority disputes. The course will cover:
Concurrent ownership - rights and duties of co-owners, Unregistered land, The deeds registration system, The Torrens System - Transfer of Land Act 1958, Indefeasibility of title and exceptions to indefeasibility, The Assurance Fund, Equitable interests under the Torrens System, Leases, Mortgages, Proprietary interests in land owned by another: easements, restrictive covenants & profits a prendre

Objectives

This course will build upon the Principles of Property Law course primarily in relation to Land Law, set within the continuing context of priority disputes. The course will cover:
Concurrent ownership - rights and duties of co-owners, Unregistered land, The deeds registration system, The Torrens System - Transfer of Land Act 1958, Indefeasibility of title and exceptions to indefeasibility, The Assurance Fund, Equitable interests under the Torrens System, Leases, Mortgages, Proprietary interests in land owned by another: easements, restrictive covenants & profits a prendre

Assessment

Memorandum of Advice requiring students to provide comprehensive advice to a client in a factual situation involving Torrens title land 30% Final Examination 70%

Contact hours

2 hours per week x 12 weeks

Prerequisites

LAW7212, LAW7079, LAW7267, and LAW7265

Leader(s): Bryan Dwyer

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This unit will introduce students to the fundamental principles and concepts of the law of trusts. It will examine the functions and constitution of trusts, trust property and objects and the duties of trustees.

Objectives

On completion of this unit students will have:

1. acquired the ability to identify the appropriate circumstances in which a trust should be created and to advise as to the methods by which a trust may be created;
2. acquired the ability to advise on the proper administration of trusts;
3. acquired the ability to advise on the rights of beneficiaries and on the duties of trustees in a given factual situation;
4. further developed skills in caselaw analysis.

Assessment

Memorandum of Advice requiring students to provide comprehensive advice to a client in a factual situation involving a trust: 30%; Final Examination: 70%

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212, LAW7265, LAW7267, and LAW7269

Prohibitions

LAW4170

Leader(s): Greg Reinhardt

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This subject gives students a thorough understanding of the principles of civil procedure as exemplified in the rules of the courts and associated caselaw. It includes examination of systems of case management operating in State and Federal courts and an introduction to forms of alternative dispute resolution practised in civil disputes. Students will also be introduced to the philosophy of civil disputes applicable in selected foreign jurisdictions.

Objectives

On completion of this subject students will have:

1. acquired a thorough understanding of the rules of civil litigation and of the chronology of a civil dispute from the time the dispute is presented to the lawyer until the matter is ready for trial;
2. acquired an understanding of the comparative advantages and disadvantages of alternative dispute resolution and disposition by trial so that they are capable of advising a client accordingly;
3. developed an understanding of the underlying philosophy of the adversary system as applied in civil litigation and of developments such as case management;
4. be aware of the proper and improper use of procedural tactics and of the ethical obligations of a practitioner involved in civil litigation;
5. acquired some understanding of alternative systems of dispute resolution as practised in other jurisdictions.

Assessment

Memorandum of Advice requiring students to advise a client on appropriate steps to be taken in a civil dispute: 30%; Final Examination: 70%

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212, LAW7265, and LAW7266

Prohibitions

LAW5104

Leader(s): Greg Reinhardt/Martine Marich

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This subject will give students a thorough understanding of the fundamental principles and concepts underlying the law of evidence, both State and Federal, together with an appreciation of the relationship between the law of evidence and the nature of a civil or criminal trial in the Australian legal system. Students will examine key concepts of the law of evidence in the context of the purposes of exclusionary rulesl. The subject will examine the role of technology in the trial court and the issues raised by its use for litigants and the court itself. The subject will also provide a brief introduction to the principles of evidence as applied in the courts of other jurisdictions.

Objectives

On completion of this subject students will have:

1. acquired a thorough understanding of the rules and principles of the law of evidence;
2. developed the ability to analyse a case or factual situation and determine what evidence may be required and what evidence may be admissible;
3. acquired the ability to analyse the weight and probative value of differing forms of available evidence;
4. acquired the ability to distinguish, where applicable, between evidence which may be lead in courts in different Australian jurisdictions;
5. acquired a familiarity with the principles of the law of evidence applicable in foreign jurisdictions;
6. further developed skills in caselaw analysis and statutory interpretation.

Assessment

Memorandum of Advice requiring students to provide detailed advice on issues of evidence arising in a civil or criminal trial: 30%; Final Examination: 70%

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212 and LAW7264

Co-requisites

LAW7272

Prohibitions

LAW5159

Leader(s): Matthew Groves

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 2 2009 (Day)

Synopsis

This subject gives students an understanding of the fundamental principles and concepts of administrative law at State and Federal level. It examines the underlying purposes of administrative law and the mechanisms and fora by which it is applied. The subject will analyse and interpret the relevant legislation and the decisions relating to it and will provide students with an opportunity to prepare a simulated case for presentation in a administrative tribunal. The subject will provide a brief introduction to the principles of administrative review in other jurisdictions.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the purposes and principles of administrative review at State and Federal level;
2. acquired a knowledge of the relevant legislation and the ability to interpret and apply it;
3. acquired the ability to identify administrative law issues and select appropriate remedies in a factual situation;
4. acquired a familiarity with developments in administrative law at State and Federal levels;
5. acquired a familiarity with the principles of administrative review in other jurisdictions;
6. further developed skills in statutory interpretation.

Assessment

Memorandum of Advice requiring students to prepare detailed advice on appropriate administrative law remedies in a factual situation: 30%; Final Examination: 70%

Contact hours

2 hour seminar per week x 12 weeks

Prerequisites

LAW7212 and LAW7268

Prohibitions

LAW3100, LAW3101

Leader(s): Carmel Mulhern

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 2 2009 (Day)

Synopsis

Introduction

1. Introduction to the course and overview of company law
2. Australian company law - history and regulation
3. Comparison with other types of business association and types of company under the corporations law

4. The corporation as a separate legal entity
5. Piercing the corporate veil

6. Corporate finance
7. Maintenance of Capital
8. The corporate constitution

9. Corporate contracting

10. Insolvency, voluntary administration and winding-up.

Objectives

Students who successfully complete this course will have:

1. knowledge and understanding of the formation, financing and dissolution of corporations, and the relationship between corporations and the outside world;
2. knowledge and understanding of legislation and policy in these areas of corporate law;
3. an ability to think critically about the impact of these concepts, principles, legislation and policy on the social and economic context in which they operate;
4. an ability to apply these concepts, principles, legislation and policy to hypothetical fact situations;
5. the opportunity to conduct independent research in corporate law and for the results of that research to form a substantial proportion of the assessment for the subject.

Assessment

Final examination (2 hours plus 30 minutes reading time): 70%; assignment (2,500-3,000 words): 30%.

Contact hours

2 hour seminar per week x 12 weeks

Co-requisites

LAW7269

Prohibitions

LAW4171

Leader(s): Professor Stephen Barkoczy

Offered

City (Melbourne) Trimester 1 2009 (On-campus split block of classes)

Synopsis

This subject provides students with an understanding of the fundamental policies and concepts of taxation law, including income taxation, capital gains taxation and goods and services taxation. The subject focuses on the application of the taxation law to common commercial transactions.

Objectives

On completion of this subject students will have:

1. acquired an understanding of the fundamental policies underlying the Australian taxation system;
2. acquired an understanding of the essential concepts of Australian taxation law;
3. acquired an appreciation of the constitutional context within which the Australian taxation system operates;
4. developed thorough familiarity with the essential provisions of relevant taxation legislation;
5. acquired an understanding of the effect of the development of technology on the taxation system;
6. further developed skills in statutory interpretation.

Assessment

Supervised examination 70% ( 3 hours plus 30 minutes reading and noting time); Assignment 30% (2,250 words)

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prohibitions

LAW5152

Leader(s): Carmel Mulhern

Offered

City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

Internal governance:

1. Company organs and division of power
2. board of directors and the general meeting. Duties and liabilities of officers:
3. Overview of directors' duties; duties of care, skill and diligence and the statutory duty to prevent insolvent trading
4. Duty to act bona fide in the interests of the company as a whole

Objectives

Students who successfully complete this course will have:

1. knowledge and understanding of the internal governance of corporations, directors' duties and members' remedies;
2. knowledge and understanding of legislation and policy in these areas of corporate law;
3. an ability to think critically about the impact of these concepts, principles, legislation and policy on the social and economic context in which they operate;
4. an ability to apply these concepts principles, legislation and policy to hypothetical fact situations; and
5. the opportunity to conduct independent research in corporate law and for the results of that research to form a substantial proportion of the assessment for the subject.

Assessment

Assignment: 40%

Examination: 60%

Contact hours

2 hour seminar per week x 12 weeks

Leader(s): Associate Professor John Duns

Offered

City (Melbourne) Term 1 2009 (Day)

Synopsis

This unit offers a comparative study of different jurisdictional approaches to competition law in jurisdictions such as the United States, United Kingdom, European Union and/or Australia. Topics examined will include mergers, abuse of market power, restrictive trade agreements and vertical restraints.

Objectives

This subject seeks to help students develop a critical understanding of the principles of competition law by comparing and contrasting approaches taken towards this field in key jurisdictions.

Assessment

Research Assignment (3,750 words): 50%. Take Home Examination (3,750 words): 50%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Marilyn Pittard

Offered

Not offered in 2009

Synopsis

This unit has been developed to introduce students to, and examine the legal principles relevant to, the modern workplace which has been affected by changes in information technology and electronic methods of communication.

Provide an in-depth understanding of the contemporary employment and labour law issues pertaining to the workplace in the modern electronic era and to provide a forum for critiques of these issues.

Enable students to resolve problems pertaining to these issues and to be aware of issues relating to law reform.

Objectives

The unit aims to:

1. introduce students to, and examine the legal principles relevant to, the modern workplace which has been affected by changes in information technology and electronic methods of communication;
2. provide and in-depth understanding of the contemporary employment and labour law issues pertaining to the workplace in the modern electronic era and to provide a forum for critiques of these issues
3. enable students to resolve problems pertaining to these issues and to be aware of issues relating to law reform.

Assessment

Class participation - 10%

Take home exam (3,000 words) - 40%

Research assignment (3,750 words) - 50%

Leader(s): Dr Jonathan Clough

Offered

Not offered in 2009

Synopsis

This subject provides an overview of the legal issues which arise when electronic and telecommunication devices are used in the commission or facilitation of crime. Such devices allow offences to be committed on an unparalleled scale, sometimes with international ramifications, yet with greatly reduced chance of detection. They therefore present a great challenge to investigative agencies and to conventional notions of crime and jurisdiction. Topics to be covered include the nature of electronic crime, detection and investigation, application of existing criminal law principles, money laundering, legislative responses, and jurisdictional issues

Objectives

Upon completion of this subject students should have an understanding of:

1. the ways in which electronic and telecommunication devices may be used in the commission of crime;
2. the difficulties which such devices present in the detection and investigation of crime and the means which are adopted to combat these difficulties;
3. the nature of money laundering and the use of electronic devices in that process;
4. jurisdictional difficulties in determining where an offence has been committed;
5. the application of existing criminal law to electronic offences; and
6. Australian and overseas legislative responses to electronic crime. They should also have:
7. enhanced research skills;
8. an enhanced ability to critically analyse and evaluate both existing law and proposed reforms;
9. gained interdisciplinary perspectives; and
10. enhanced skills of oral presentation.

Assessment

Research paper (3,750 words): 50% Take-home examination (3,750 words): 50%

Contact hours

Six four-hour seminars per semester

Leader(s): Professor George Hampel/Mr Randall Kune

Offered

City (Melbourne) First semester (extended) 2009 (DE-ONLINE)

Synopsis

Overview of the adversary and inquisitorial systems

Role of the expert witness within the adversary system

Important and unique position of the expert witness

The legal and ethical context of expert evidence.

Subject topics:

The Nature of the Adversary System

The Trial Process

Basic Rules of Evidence

Legal and other Professional Ethics

Rules of Expert Evidence

Evaluation of Expert Evidence

Introduction to Preparation for Trial

Law reform and future directions

Objectives

At the successful completion of this subject the student should be able to:

1. compare and contrast the adversary and inquisitorial systems;
2. explain the court structure, trial process and role of the legal profession;
3. identify the ethical rules imposed on lawyers and expert qitnesses by the courts and their profession;
4. explain the rules of evidence relating to the giving of expert evidence;
5. identify areas of current law reform and likely future directions.

Assessment

This Subject will be assessed as Pass or Fail only and no grades will be allocated.

There will be ongoing assessment including reflective activities, case studies, assignments and a final assessment task. Participation in the online discussion group will also be required but will not be assessed.

Prerequisites

Must be enrolled in Graduate Certificate of Forensic Studies.

Co-requisites

LAW7282.

Leader(s): Professor George Hampel/Mr Randall Kune

Offered

City (Melbourne) First semester (extended) 2009 (DE-ONLINE)

Synopsis

Taking instructions

Analysis of materials

Preparing the report

Conferring with lawyers

Law reforms particularly those in the Federal Court and the NSW

Subject topics :

Taking instructions

Analysis of materials

Preparing the report

Conferencing with Lawyers

Law reforms.

Objectives

At the successful completion of this subject the student should be able to:

1. undertake a structured analysis of material with a view to giving evidence in court;
2. prepare a report which provides a suitable foundation for the giving of that evidence;
3. identify different approaches to the giving of expert evidence and explain the impact this has on analysis and preparation;
4. explain the expert's function in conferenceing with lawyers.

Assessment

This Subject will be assessed as Pass or Fail only and no grades will be allocated.

There will be ongoing assessment including reflective activities, case studies, assignments and a final assessment task. Participation in the online discussion group will also be required.

Prerequisites

Must be enrolled in Graduate Certificate of Forensic Studies.

Co-requisites

LAW7281

Leader(s): Mr Peter Crofts/Mr Randall Kune

Offered

City (Melbourne) Full year (extended) 2009 (DE-ONLINE)

Synopsis

Overview of the law relating to damages

Role of the expert in the assessment of damages.

Subject topics:

The nature of damages

Causation and remoteness

Mitigation of loss

Categories of damages - including Tort, Contract, Product liability, Trade Practices, equitable damages, criminal damages.

Measure of damages

Objectives

At the successful completion of this subject the student should be able to:

1. identify the basic rules of law relating to damages;
2. apply those rules of law to the assessment of damages.

Assessment

This Subject will be assessed as Pass or Fail only and no grades will be allocated.

There will be ongoing assessment including reflective activities, case studies, assignments and a final assessment task. Participation in the online discussion group will also be required.

Prerequisites

LAW7281 and LAW7282.

Must be enrolled in Graduate Certificate of Forensic Studies.

Co-requisites

LAW7284

Leader(s): Professor George Hampel/Mr Randall Kune

Offered

City (Melbourne) Second semester 2009 (DE-ONLINE)

Synopsis

1. Preparing and using materials to assist in the presentation of evidence (notes, reports and visual aids)

2. Observing and participating in mock examination in chief, cross examination and re-examination

3. Communicating effectively in the courtroom

• Use of notes

• Use of reports

• Use of visual aids

Objectives

At the successful completion of this subject the student should be able to:

1. prepare and use material to assist with courtroom presentations;
2. demonstrate appropriate behavior in examination in chief, cross examination and re-examination;
3. demonstrate effective courtroom communication skills.

Assessment

This Subject will be assessed as Pass or Fail only and no grades will be allocated

The assessment activity the students will undertake is to be assessed on their performance in the mock examination in chief, cross-examination and reexamination.

Prerequisites

Must be enrolled in Graduate Certificate of Forensic Studies.

Co-requisites

LAW7283

Leader(s): Mr Leighton Morris

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)

Synopsis

This unit is only available to international students.

This unit is designed to assist lawyers from non-common law and non-english speaking backgrounds to develop their basic legal research and communications skills within the Australian legal environment. By means of seminars, practical workshops and individual instruction sessions, students will be guided in the development of basic legal research skills, critical reading skills and core legal communication skills, including the skills of oral presentation and legal writing.

Objectives

On completing this unit a student should have:

1. a familiarity with the basic sources of law in common law jurisdictions and the methods used to locate those sources;
2. the ability to independently research legal topics for the purposes of selecting, developing and writing a legal exposition and/or critique;
3. the ability to interpret and use legal references, including those found in reading guides, footnotes, bibliographies etc;
4. improved clear and critical thinking skills;
5. improved law related english-language skills pertaining to listening, reading, discussion, note-taking and the delivery of structured oral presentations;
6. an ability to observe the main conventions of english expression, including those most relevant to regular legal discourse;
7. improved legal writing skills, particularly in the areas of structure, expression and style;
8. a familiarity with the use of word-processors as an aid in the development of legal writing skills.

Assessment

Two one-hour class tests (1,100 words each): 15% each Assignment(s) (not more than 4,500 words): 60%
Short presentation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Dr Gideon Boas

Offered

City (Melbourne) Term 2 2009 (On-campus block of classes)

Synopsis

This subject will explore how the international community has responded to the most heinous international crimes, such as genocide, crimes against humanity, war crimes, aggression, serious human rights abuses and terrorism, in the context of selected events in modern history. The successes and failures in enforcement of international crimes by States and in international tribunals and the International Criminal Court, will be considered, as will the future of international criminal justice.

Objectives

The main objectives of the subject will be to:

1. develop students' understanding of the application of international law regimes to these crimes, including international concepts of individual criminal responsibility and comprehension of the basic rules of international criminal law, and specific relevant areas of international humanitarian law and human rights law;
2. enable students to analyse the main definitional issues in respect of the international crimes studied and the legal regimes in which they are applied;
3. ensure students can critically analyse the extent, consistency, and adequacy of the international community's response to international crime, comparing and contrasting the variety of such responses;
4. develop students' understanding of international and internationalised criminal tribunals and the permanent international criminal court;
5. enable students to evaluate the rights of victims/survivors and other stakeholders of international crimes;
6. develop students' understanding of the differing and complex obligations of States in respect of international and domestic responses to such crimes.

Assessment

Take-home exam :50% and Research assignment - 3,750: 50% OR Research assignment of 7,500 words: 100%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): TBA

Offered

Not offered in 2009

Synopsis

(Please note that this unit is only available as an on-line offering in Semester One, 2006.)



Difference between evaluation & assessment

Overview of evaluation process - questionnaires, focus groups

Sourcing feedback & what to do with it

Overview of assessment - summative & formative, criterion based & normative

Aligning assessment to learning objectives

Choosing appropriate Assessment strategies

Design, implement and reflect on own assessment activities

Developing reflective practice

Future directions.

Objectives

At the successful completion of this Unit the student should be able to:

• explain why assessment tasks need to align as directly as possible with the learning outcomes they are intended to assess;
• design or choose assessment tasks and task formats that enable such alignment with learning outcomes;
• review assessment tasks in terms of their ability to distinguish reliably the extent to which students have attained learning outcomes; and
• make use of a range of information sources to gather feedback on the effectiveness of teaching and reflect on that teaching.

Assessment

This Unit will be assessed as Pass or Fail only and no grades will be allocated. There will be ongoing assessment which may include reflective activities, case studies and a final assessment task.

Participation in the Unit online discussion group will also be required.

Prerequisites

Must be enrolled in Graduate Certificate of Law Teaching and the successful completion of LAW7287 and LAW7288

Leader(s): TBA

Offered

Not offered in 2009

Synopsis

(Please note that this unit is only available as an on-line offering in Semester Two, 2006.)



Selecting a suitable Law Teaching Project - a negotiated, contract learning task that investigates an area of teaching and learning in the higher education Law Teaching context

Negotiating the Project - plan, outcomes, assessment

Working independently or collaboratively to complete & present the Project.

Objectives

At the successful completion of this Unit the student should be able to:

1. Develop an improvement project relevant to the Law Teaching context;
2. Complete a Negotiated, contact learning task (Negotiated Project);
3. Present the results of the Negotiated Project cohererntly and reflectively.

Assessment

This Subject will be assessed as Pass or Fail only and no grades will be allocated. There will be ongoing assessment including reflective activities, case studies and a final assessment task - submission of a report on the Negotiated Project. Participation in the Unit online discussion group will also be required.

Prerequisites

Must be enrolled in Graduate Certificate of Law Teaching and the successful completion of LAW7287, LAW7288 and LAW7289.

Leader(s): Associate Professor Gaye Lansdell

Offered

Not offered in 2009

Synopsis

This unit comprises a program of legal skills teaching which runs fulltime over the first week of the PDLP Online, and includes separate sessions presented at intervals throughout the 39 week program.

In each teaching session the lecturer introduces students to the basic principles of the relevant skill. Students are then given exercises, often working in pairs, or groups, which are discussed by the whole class.

Students are also required to submit individual assessable tasks for each skill.

Assessment

Online courses 3389 and 3390: Skills individually assessed, according to the PDLP performance guides. Grades of Pass, Pass with Credit (60%), Pass with Merit (70%) used in the PDLP are used in this unit. Students must pass each assessment in order to pass the unit. The assessment tasks for each skill are: Structured Client Interviewing: simulated client interview
Advising: written plan of advice (based on instructions taken in simulated client interview)
Electronic legal research: research memorandum
Plain English letter writing: letter of advice to client and letter to opposing solicitor based on research done for electronic legal research
Drafting (litigious and non-litigious): preparation of statement of claim and formal agreement respectively
Negotiating: satisfactory participation
Mediation and Commercial ADR: satisfactory participation; Advocacy: satisfactory participation.

On campus course 2772: Skills individually assessed, according to the PDLP performance guides. Grades of Pass, Pass with Credit (60%), Pass with Merit (70%) used in the PDLP are used in this unit. Students must pass each assessment in order to pass the unit. The assessment tasks for each skill are: Drafting: completion of 7 in-course drafting assessments: 20%
Interviewing: completion of one oral interviewing exercise in the final week: 20%
Advising: completion of one oral advising exercise in the final week: 20%
Negotiation: completion of one oral negotiation exercise in the final week: 20%
Advocacy: completion of one plea in mitigation in a criminal matter in the final week: 10%
Advocacy: completion of one oral court submission in civil litigation in the final week:10%

Leader(s): John Howe

Offered

Not offered in 2009

Synopsis

The unit will cover:

An understanding of the impact of laws either enhancing or restricting the right of workers to join together in trade unions.

The role played by the legislature and the courts in developing the concept of freedom of association and the right to strike.

The critical evaluation of laws which affect the conduct of associations and their internal regulation and the application of these laws to resolve problems of status, membership and regulation of associations.

Objectives

The unit will cover:

An understanding of the impact of laws either enhancing or restricting the right of workers to join together in trade unions.

The role played by the legislature and the courts in developing the concept of freedom of association and the right to strike.

The critical evaluation of laws which affect the conduct of associations and their internal regulation and the application of these laws to resolve problems of status, membership and regulation of associations.

Assessment

Research assignment - 4200 words -60%

Take home examination - 2800 words - 40%

Contact hours

3 hours per week

Prerequisites

Law of Torts and Contract Law or equivalent

Leader(s): The Director or Convenor, Higher Degree by Research

Offered

Clayton First semester 2009 (On-campus block of classes)
Clayton Second semester 2009 (On-campus block of classes)

Synopsis

The seminar will introduce students to advanced legal research techniques, empirical research, ethics in research, useful computer software, legal writing, legal publishing and contemporary theoretical approaches to law (philosophical, sociological , critical, feminist and economic). Students will be required to submit a 3000 word paper on a topic relevant to their proposed research. The seminar will also provide a forum in which students can interact in a semi-structured environment in order to test their research ideas, while contributing to the development and improvement of one another's research projects. Students will be required to present their research proposal for discussion.

Objectives

To provide students with the intellectual and methodological skills they will need to plan, research, write and publish their thesis. In particular, to assist students in:

1. preparing feasible research plans, which addresses research aims, assumptions, methods and possible findings;
2. thinking carefully, broadly and creatively about the best way to invesigate and answer their research questions;
3. enhancing their understanding of significant issues in current legal theory and awareness of theoretical approaches relevant to their research; and
4. developing a friendly peer support network for the remainder of their candidature.

Assessment

Participation in the seminar program: 20% plus 3000 word essay: 40% plus presentation of research proposal: 40%

Contact hours

The SJD seminar will be taught intensively in one or two blocks of time during the year. Students will be required to attend most of the sessions.

Leader(s): Professor the Hon. George Hampel, AM QC

Offered

City (Melbourne) First semester 2009 (Evening)

Synopsis

The unit will develop a deeper theoretical understanding by students of the essential role of advocacy in the adversary system. It will enable students to better appreciate the way in which cases evolve through the courts and how the factual and evidentiary foundation relates to the legal results. Students will better understand the nature of the skills which are required of advocates, their ethical obligations and the importance of the advocate's role in the courts decision making process. This will be of benefit not only to students who are contemplating practice at the Bar, or as solicitor advocates, but also to those who will work in litigation and other dispute resolution.

Objectives

On completion of this unit students should be able to:

• assess the strengths and weaknesses of their, and their opponent's, case;
• integrate analysis of facts, evidence and substantive law to develop and write a consistent case theory and strategy required in a contested trial;
• prepare for each stage of the trial process;
• demonstrate understanding of the trial process through the application of forensic skills of examination in chief, cross-examination, re-examination and addresses in an ethical manner;
• identify evidentiary issues and take and oppose evidentiary objections;
• prepare a structured written summary of argument;
• present a persuasive first instance and appellate legal argument;
• demonstrate effective verbal and non verbal communication skills in the courtroom; and
• evaluate and critique advocacy skills in accordance with criteria established by the Australian Advocacy Institute

Assessment

Written plans/articulation of case theory for workshop exercises: 10%; written summary of argument: 10%; workshop attendance and participation: pass/fail; advocacy trial performance (videotaped): 30%; other set advocacy performances (videotaped): 25%; and written reflective report: 25%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

The subject is aimed at Law graduates. Students with a non-Australian law degree will be required to demonstrate knowledge equivalent to:

LAW 1100/LAW 7212

LAW3300

LAW5159

LAW 5104

LLM(LP) or JD students will be permitted to take the subject once they have reached the LLM coursework stage of their studies. The unit is especially suitable for LL M (LP) students who plan to complete their studies at the JD stage and will not therefore undertake the practical legal training element of the degree (i.e. the PDLP stage)

Leader(s): Dr Jonathan Clough

Offered

City (Melbourne) Second semester 2009 (Evening)

Synopsis

This Unit examines the criminal liability of corporations and what is broadly described as 'white collar crime'; that is, crime which is committed in an occupational context. The Unit will begin with criminological perspectives on the nature of white collar and corporate crime. The place of criminal liability in the overall scheme of commercial regulation will then be examined, including discussion of the rationales behind imposing liability on corporations and/or individuals, and whether that liability should be civil or criminal. The role of specialist agencies will also be discussed, together with procedural issues associated with white collar and corporate crime.

Objectives

Upon completion of this Unit students should be able to demonstrate their understanding of: 1) the nature of corporate and white collar crime, their rationales and their role in commercial regulation; 2) the regulatory environment in which criminal liability is imposed, including the role of specialist agencies, the nature of civil penalties and some of the procedural difficulties associated with prosecuting corporate and white collar crimes; 3) the principal models of criminal liability which apply to corporations and their interrelationship with individual liability; 4) the sentencing of white collar offenders and sentencing options which are available in relation to corporate offenders; and 5) the role that criminal liability may play in the regulation of workplace safety and in preventing corporate abuse of human rights.

Assessment

Research paper (3,750 words): 50% Take-home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Elizabeth Boros

Offered

City (Melbourne) First semester 2009 (Evening)

Synopsis

Theunit provides a thorough study of the law and practice of corporate governance in an international setting but with particular reference to Australia. It covers general concepts of corporate governance, focusing on the legal core, including the area of directors' duties. It builds upon the area of self regulation and other contemporary issues. Principal topics include: the concept of corporate governance; overview of the current framework of corporate governance and the role, duties and powers of directors, managers and shareholders; a specific examination of major duties of directors and recommendations for reform; duties of good faith, care and diligence.

Objectives

Upon successful completion of this unit, students will have achieved the following broad learning objectives: a good understanding the law relating to corporate governance including the rights, powers and duties of directors, managers and auditors; knowledge of legal and self regulation of corporate governance; a knowledge of current reform proposals; an awareness of law-and-economics perspective; and an introduction to comparative corporate law.

Assessment

Research paper: 50% (3,750 words), Take-home examination: 50% (3,750 words)

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW4171 Corporations Law OR LAW7277 Advanced Corporations Law

Offered

Not offered in 2009

Synopsis

This unit will examine contemporary administrative law issues in the context of government regulation. The unit will first address emerging major themes in administrative law theory. These include the function of courts, consistently with 'the rule of law', in undertaking heightened scrutiny of the Executive while in some cases according judicial deference to expert tribunals exercising merits review. This survey will be in conjunction with an analysis of major contemporary developments concerning the grounds of review, including judicial initiatives to reappraise the principles of natural justice and the role of legitimate expectations.

Objectives

The substantive objectives of the unit are to:

• analyse emerging major themes in administrative law theory;
• track major developments concerning grounds of judicial review;
• identify constraints on judicial review;
• examine critically selected current developments and proposals for consolidating, reforming and enhancing tribunal and judicial review at Commonwealth and State levels;
• evaluate the effectiveness of current review mechanisms in terms of securing public accountability and ensuring open scrutiny of governmental decision-making.

• familiarise practitioner students with emerging arguments and background to developments in litigation;
• provide students with an appreciation of the contemporary public law context in which governmental decisions are made;
• provide alternatives to resolving administrative disputes with government;
• acquaint students with law reform proposals for developing institutional changes to review of administrative decisions; and
• understand the array of means to obtain government information.

Assessment

Research paper (6,000 words): 80%; short paper presentation: 20% (15% written work (1,000 words); 5% oral). Each student will be expected to prepare a case-note or class discussion briefing note of 1000 words for delivery during the course. A total of 20% will be awarded including 5% for oral presentation. Students will submit a final paper of 6,000 words worth 80% on a topic agreed between student and lecturer or on a problem devised by the lecturer.

Leader(s): Professor Ian Freckelton SC

Offered

City (Melbourne) First semester 2009 (Evening)

Synopsis

This unit addresses the role of expert witnesses, their reports and their testimony in criminal, civil and family law litigation. The focus of the unit is on the accountability of expert opinions and the effectiveness of the examination. It will scrutinise the common law and legislative exclusionary rules of expert evidence and the rules of procedure that relate to the admissibility of expert evidence. It will address issues of 'property in witnesses', bias, court rules, confidentiality, privilege, ethics, payment and selection of forensic experts. In addition, the unit will explore the role and impact of expert evidence in a range of different forms of litigation.

Objectives

At the conclusion of this unit, students should have gained:

• an understanding of the role of expert evidence in litigation;
• an appreciation of exclusionary rules of expert evidence and relevant court rules;
• a capacity to contextualise Australian law within international developments;
• an awareness of contemporary issues relating to the use of expert witnesses in the criminal, personal injury, commercial and family law areas of litigation;
• an understanding of the dilemmas posed by expert evidence within the evolving litigation framework;
• an appreciation of the dynamics within which opinions are evaluated by courts and tribunals;
• an understanding of issues of confidentiality, partisanship, property in experts, codes of ethics in relation to expert witnesses; and
• an understanding of particular issues in relation to medical, mental health, accounting, valuation and scientific evidence.

Assessment

Take home exam (3,750 words): 50%
Research assignment (3,000 words): 40%
Class participation: 10%
Changes to take effect from Semester 1, 2009

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Geoffrey Scott

Offered

City (Melbourne) Trimester 2 2009 (On-campus block of classes)

Synopsis

This unit identifies important and contemporary issues in intellectual property law that arise in response to changes in law and technology, international developments and business and other practices. Complex issues which are not covered in units such as Overview of Intellectual Property will be explored at an advanced level and will be drawn from a selection of the principal areas of intellectual property law, including trade marks, copyright, patents, designs, circuit layouts and confidential information. The selection of current issues will incorporate comparative aspects where relevant and may include contemporary complex and controversial developments in Australian jurisprudence.

Objectives

Students who have successfully completed the unit will:

1. Have a detailed knowledge of the law relating to the specific topics that are selected for analysis.
2. Have a thorough understanding of the wider legal, economic and social dimensions associated with those specific topics.
3. Be aware of the limitations of the current law that applies to the relevant issue and of proposals for reform.
4. Understand the relevant issues from a selected comparative perspective.
5. Understand the international aspects that relate to the particular issues.

Assessment

Research Assignment (7,500 words): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Richard Naughton

Offered

City (Melbourne) Second semester 2009 (Evening)

Synopsis

This unit will examine significant and contemporary issues in employment and labour relations law that arise in response to changes in legislation. Key count decisions, international developments, and government-, business- and union-driven approaches. Comparative aspects, where relevant, will illuminate the issues selected, and areas of law reform will also be discussed. The unit has a contemporary nature and current issues will be the focus. The content of the unit may vary each time it is offered.

Objectives

On successful completion of this unit, students will: have a detailed knowledge of the law relating to the specific topics that are selected for analysis; have a thorough understanding of the wider legal, economic and social dimensions associated with those specific topics; be aware of the limitations of the current law that applies to the relevant issue and of proposals for reform; understand the relevant issues from a selected comparative perspective; understand the international aspects that relate to the particular issues.

Assessment

Research assignment (3,750 words): 50% and Take-home examination (3,750 words): 50%; or Research assignment (7,500 words): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Ms Kate Eastman

Offered

City (Melbourne) Term 4 2009 (On-campus block of classes)

Synopsis

Securing the protection and promotion of the human rights of women remains a challenge in the 21st century. Notwithstanding the significant advances in international human rights norms relating to women, systemic discrimination and inequality are part of everyday life for many women in the world. Moreover, securing human rights for women is proving more difficult than for men in many areas, particularly because of traditional stereotypes and cultural practices. Additionally, many human rights abuses relate solely to, or impact more significantly on, women, such as, violence, human trafficking, and female genital mutilation.

Objectives

Upon completion of this unit, students should:

• appreciate the historical development of women's human rights within the broader international human rights movement;
• understand, analyse and critically comment on the theoretical debates about securing the human rights of women, including debates about discrimination, equality, the public-private divide, cultural relativism and mainstreaming human rights;
• understand, analyse and critically comment on the international approaches to securing the human rights of women;
• evaluate the impact and challenges of cultural practices on the realisation of women's human rights;
• have a comprehensive understanding of the international human rights obligations and standards pertaining to women, including relevant international treaties, customary international law and the domestic means of implementing international norms;
• have a comprehensive understanding of the international human rights system as it relates to the protection and promotion of women; and
• have a comprehensive understanding of the mechanisms for enforcing the human rights of women.

Assessment

Research paper (3,750 words): 50%

Take home examination (3,750 words): 50%

or

Research paper (7,500 words): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7026

Leader(s): Mr Shawn Whelan

Offered

Not offered in 2009

Synopsis

This unit offers advanced skills training in the related disciplines of negotiation and mediation as they apply in the legal context. Whereas the prerequisite unit, LAW 7251, canvassed the foundational insights of the Principled Negotiation and Principled Mediation models developed at the Harvard Law School, this unit extends the application of these frameworks to situations of high-level conflict and complexity and explores other models of mediation. To do this, a range of advanced-level concepts and practical tools will be introduced.

Objectives

Upon successful completion of the subject students should have:

1. an understanding of the psychology of human behaviour, particularly in circumstances of stalemate and conflict;
2. an ability to apply sophisticated relationship management strategies to resolve deadlocks arising from damaged relationships in negotiation or mediation;
3. an ability to use an 'option generation' tool for overcoming stalemates that result from conflicting substantive positions;
4. an understanding of how the behavioural model applies when communicating and an ability to use this understanding to persuade counterparts across cultural and emotional barriers;
5. an ability to effectively structure and facilitate multi-party or multi-issue negotiations and mediations;
6. a critical understanding of, and practical skills in applying, a range of distinctive models of mediation (eg. facilitative, evaluative, settlement, and transformative), drawing on the combined theory of the prerequisite unit and this proposed unit; and
7. an understanding of how the behavioural model and related tools apply to topical issues in mediation and negotiation (eg. mediation in specific fields, co-mediation models, the impact of various mediation styles, and the application of hybrid forms of mediation).

Assessment

Practical skills role-play (videotaped), plus a written review of assessment role-play (750 words): 30% Group presentation: 20% Essay (3750 words): 50%

Contact hours

The subject is taught over five days, each of six and a half hours duration (exclusive of breaks).

Prerequisites

LAW 7251 or LAW 4160. Applications may be accepted in exceptional circumstances from students who can demonstrate understanding of the concepts and skills covered in these courses (ie. the 7 Element theory of Principled Negotiation and its application to mediation).

Leader(s): Professor Graeme Hodge

Offered

City (Melbourne) First semester 2009 (On-campus block of classes)

Synopsis

This unit is an introduction to the area of regulatory studies. It examines the wide ranging conceptual nature of regulation, its history and the justifications for control, through regulation of both state and non-state origin. It articulates a range of useful constructs for regulatory activities and provides frameworks for better understanding regulatory mechanisms, processes for regulatory development, review and reform, and regulatory institutions.

Objectives

1. Understand the wide nature of what may be considered regulation
2. Understand the reasons behind regulation, and the historical context of such activities
3. Understand some of the major regulatory institutions
4. Understand the variety of different strategies and techniques which may be used in regulation, and their juridical nature
5. Explore the role of government in regulation, its development processes, and policy context
6. Understand global dimensions of regulation

Assessment

Essay (2,250 words): 30%
Essay (5,250 words): 70%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Rex Deighton-Smith

Offered

Not offered in 2009

Synopsis

This unit will contribute to achievement of a clear understanding of regulatory processes, regulatory design, regulatory style, regulatory problems and regulatory reform in a mixed economy. It will encompass a wide range of relevant regulatory cases. The unit will enable students to achieve a more advanced and detailed knowledge of regulatory process from an interdisciplinary perspective.



This subject is intended to provide a foundation for the understanding of the regulatory process. It focuses on regulatory design: how to identify regulatory problems, how to respond to them, legally, economically and politically and how to assess them in legal, political and social terms.

Objectives

Upon completion of this unit, students will be able to:

• explain the role of government in regulation;
• understand the politics of regulation;
• evaluate the role of regulatory institutions in the choice of regulatory method and the nature and effectiveness of regulatory process and in regulatory politics; and
• critique the main values against which regulatory methods and process might or should be assessed.

Assessment

Written essay (1,500 words): 20%

Written essay (6,000 words): 80%

Contact hours

24 hours total per semester, either intensive or semi-intensive

Leader(s): Professor Arie Freiberg

Offered

City (Melbourne) Term 3 2009 (On-campus block of classes)

Synopsis

This unit provides an introduction to the range of instruments which can be used by regulators to obtain compliance. While it mixes theory and practice, it is oriented towards the practical application of regulatory methods and examines their strengths and weaknesses, the empirical evidence as to their effectiveness and the dangers in their use. Topics include:

• Regulation and regulatory design
• State regulation vs social regulation
• Taxonomies of regulatory methods
• Input vs output-based regulation
• Rewards and incentives
• Choosing the best methods
• Ordering methods
• Regulatory impact statements
• Trust, technology and information
• Economic, market and private regulation

Objectives

On completion of this unit, students will be able to:

• understand the concept of regulatory design;
• understand the taxonomies of regulation;
• understand the major techniques of regulation and the tools available to implement them;
• develop competence to critically identify the strengths and weaknesses of the regulatory techniques identified;
• understand the main values against which regulatory methods and processes might or should be addressed; and
• understand why and how regulatory methods fail.

Assessment

Written essay (1,500 words): 20% Written essay (6,000 words): 80%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Arie Freiberg

Offered

Not offered in 2009

Synopsis

This unit investigates the nature of the forces producing globalisation and its features. It identifies and elaborates the different levels at which globalisation operates and the changing landscape of international relations which has resulted. It explores the implications of these changes for law and regulation. There are a number of themes which recur throughout the subject:

• The changing ideas of the nation state and national sovereignty
• The politics of regulation in a globalising world
• The nature of global regulation principles
• The mechanisms and methods of global regulation
• The inter-twining of ideas of public and private in global regulation

Objectives

Upon completion of this unit, students will be able to:

• understand the nature and effects of globalisation;
• give examples of the changes in law and regulation brought about by globalisation;
• summarise how globalisation has disrupted established distinctions between national and international relations and regulation;
• explain the different levels at which regulation operates in a globalising world;
• identify the main mechanisms and processes of regulation in a globalising world; and
• critique the main features of regulatory institutions and their operation in a selected range of regulatory settings frequently encountered in a globalising world.

Assessment

1500 word essay three weeks after completion of subject (worth 20%) and 6000 word essay due approximately 8 weeks thereafter (worth 80%).

Contact hours

24 hours total for the semester

Leader(s): Professor Graeme Hodge

Offered

City (Melbourne) Term 2 2009 (On-campus block of classes)

Synopsis

This unit will contribute to the achievement of a clear understanding of regulatory frameworks and processes, and the range of evaluation models adopted when assessing regulation in a political economy. It will also encompass a wide range of cases relevant to regulation. The Unit will enable students to achieve a more advanced and detailed knowledge of evaluation frameworks. The inclusion of economic, policy and quantitative evaluation methods will add interdisciplinary perspectives.



This unit introduces regulatory scholars to the evaluation of regulatory outcomes through various methods applied to date.

Objectives

Upon completion of this unit, students will be able to:

• identify common evaluation methods and frameworks applied to the regulatory domain;
• explain the role of regulatory evaluation in a political economy and regulatory policy context;
• explain major features of simple economic evaluation models relevant to regulation
• compare a range of evaluative techniques applicable to regulation; and
• analyse and evaluate a range of relevant qualitative and quantitative case studies which apply to the regulatory domain.

Assessment

Regulation case study (3,750 words): 50% Research assignment (3,000 words): 40% Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Dr Paula Gerber

Offered

City (Melbourne) Trimester 2 2009 (On-campus split block of classes)

Synopsis

Securing the protection and promotion of economic, social and cultural rights remains a challenge in the 21st century. The significant advances in international human rights norms have predominantly been in the area of civil and political rights with economic, social or cultural rights being largely ignored, at least by developed states. Violations of economic, social and cultural rights happen on a regular basis but generally the victim of the violation is left without a remedy. Securing economic, social and cultural rights is difficult because of a perception of that breaches of such rights are non-justiciable.

Objectives

Upon completion of this unit, students should:

• appreciate the historical development of economic, social and cultural rights within the broader international human rights movement;
• understand and be able to analyse and critically comment on the theoretical debates about protecting and enforcing economic, social and cultural rights, including debates about the hierarchy of different generation of human rights;
• understand and be able to analyse and critically comment on international, regional and local approaches to securing economic, social and cultural rights;
• have a comprehensive understanding of the international human rights obligations and standards pertaining to economic, social and cultural rights, including the relevant international treaties, customary international law, and the domestic means of implementing the international norms;
• have a comprehensive understanding of the international human rights system as it relates to the protection and promotion of economic, social and cultural rights;
• have a comprehensive understanding of the mechanisms (or lack thereof) for enforcing economic, social and cultural rights;
• understand and be able to analyse and critically comment on a number of specific challenges to the protection and promotion of economic, social and cultural rights, such as, the justiciability of claims concerning violations of economic, social and cultural rights, what are appropriate remedies for breaches of economic, social or cultural rights, and the effectiveness of different models of domestic implementation;
• be able to critically evaluate the strengths and weaknesses of the UN processes for protecting economic, social or cultural rights, including the state reporting system;
• have an appreciation of current challenges to and debates surrounding the future of economic, social and cultural rights;
• be able to understand, evaluate and apply policy arguments for and against reform of the system surrounding the promotion and protection of economic, social or cultural rights;
• be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to economic, social or cultural rights;
• further develop legal research, writing, and legal argument skills in the area of economic, social or cultural rights; and
• further develop oral articulation of legal argument during class discussions.

Assessment

Research paper (6,750 words): 90% and Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7026

Leader(s): Dr Paula Gerber

Offered

Not offered in 2009

Synopsis

Securing the rights of children remains a challenge in the 21st century. Although the UN Convention on the Rights of the Child (CROC) is the most ratified of any of the human rights treaties (only the United States and Somalia have failed to ratify), the full realisation of children's rights remains a challenge. Children continue to be exploited and abused on a regular basis and the use of child labour and child soldiers continues. In addition violence against children and the mistreatment of child refugees is a concern in many countries.

Objectives

Upon completion of this unit, students should:

1. appreciate the historical development of children's rights within the broader international human rights movement;
2. understand and be able to analyse and critically comment on the theoretical debates about what it means to take a rights based approach to issues concerning children;
3. understand and be able to analyse and critically comment on international, regional and local approaches to children's rights;
4. have a comprehensive understanding of the international human rights obligations and standards pertaining to children's rights, including the relevant international treaties and the domestic means of implementing the international norms;
5. have a comprehensive understanding of the international human rights system as it relates to the protection children's rights, including the UN Committee on the Rights of the Child;
6. have a comprehensive understanding of the variety of mechanisms in place in different jurisdictions for the implementation of the international norms pertaining to children's rights;
7. understand and be able to analyse and critically comment on a number of specific challenges to the full realisation of children's rights, including economic pressures, political will (or lack thereof) and social and cultural factors;
8. be able to critically evaluate the strengths and weaknesses of the UN processes for protecting children's rights, including the state reporting system;
9. be able to analyse the extent to which Australia's international obligations relating to the rights of the child have been incorporated into domestic law;
10. be able to critically evaluate the strengths and weaknesses of Australian laws and structures relating to protecting children, including state based children's Commissions and Ombudsmen;
11. be able to understand, evaluate and apply policy arguments for and against reform of the system surrounding children's rights;
12. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to children's rights;
13. further develop legal research, writing, and legal argument skills in the area of children's rights; and
14. further develop oral articulation of legal argument during class discussions.

Assessment

Research Paper (6,750 words): 90% : Class participation: 10%

Contact hours

24 hours of seminars per semester regardless of mode of offering

Prerequisites

LAW7026

Leader(s): Professor Sarah Joseph

Offered

City (Melbourne) Term 2 2009 (On-campus split block of classes)

Synopsis

The first years of the new millennium have seen an intense focus on the issue of global terrorism as a result of the attacks on the United States in 2001 and the subsequent 'war on terror'. This campaign is multi-faceted and includes police actions, military campaigns and the enactment of stringent anti-terrorism legislation. There has been widespread concern about the human rights impact of these actions, from the alleged torture and indefinite detention of suspected terrorists to tough anti-terrorism laws, such as those enacted in Australia, the UK, and the USA.

Objectives

Upon completion of this unit, students should:

1. have a comprehensive understanding of international, comparative and local approaches to combating terrorism, both in a historical context and in response to the post September 11 'war on terror';

2. have a comprehensive understanding of international, comparative and local anti-terrorism laws;

3. be able to analyse and critically comment on the international and domestic human rights implications of anti-terrorism laws;

4. have a comprehensive understanding of the relationship between international criminal law, international humanitarian law and international human rights law as they relate to terrorism and counter-terrorism laws and practices;

5. understand and be able to analyse and critically comment on the theoretical and policy debates regarding the balance between combating terrorism and upholding international human rights law;

6. be able to analyse the extent to which Australia's domestic anti-terrorism laws are consistent with international and domestic human rights law;

7. be able to critically evaluate the strengths and weaknesses of Australian laws and structures relating to the human rights of those suspected of committing, or charged with, terrorism offences;

8. be able to analyse and compare anti-terrorism laws enacted in key domestic jurisdictions, including Australia, the United States and the United Kingdom;

9. have a comprehensive understanding of the international human rights obligations and standards, and the system for monitoring and enforcement thereof, pertaining to terrorism and anti-terrorism laws;

10. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to terrorism and human rights;

11. further develop legal research, writing, and legal argument skills in the area of terrorism and human rights; and

12. further develop oral articulation of legal argument during class discussions.

Assessment

Research paper (3,750 words): 50%

Take home examination (3,750 words): 50%

or

Research paper (7,500 words): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr David Lindsay

Offered

City (Melbourne) Trimester 2 2009 (On-campus block of classes)

Synopsis

This unit provides a comprehensive introduction to legal and policy issues relating to the regulation of electronic communications in Australia. The unit deals with three separate areas of regulation: regulation of broadcasting services; regulation of telecommunications networks and services; and regulation of the radio frequency spectrum. A general understanding of each of these areas, and their inter-relationship, is necessary for anyone providing advice to communications enterprises in Australia, including telecommunications carriers, Internet Service Providers (ISPs), broadcasters, Pay TV operators and content providers.

Objectives

Upon completion of this unit, students should have:

1. An understanding of the objectives of broadcasting, telecommunications and radio communications law and regulation;

2. A detailed understanding of the legislation governing electronic communications in Australia, including the Broadcasting Services Act 1992 (Cth), Telecommunications Act 1997 (Cth), Trade Practices Act 1974 (Cth) (Parts XIB and XIC), and Radio communications Act 1992 (Cth);

3. A detailed understanding of the institutional framework for regulating broadcasting, telecommunications and the radio frequency spectrum in Australia;

4. A good understanding of the challenges posed by technological change for regulatory policies and frameworks;

5. An ability to place Australian regulatory and policy developments within the context of international and comparative developments;

6. Proficiency in analysing communications law issues and advising communications enterprises in relation to the legal and policy issues that apply to the regulation of electronic communications in Australia.

Assessment

Research paper (3750 words): 50%

Take-home exam (3000 words): 40%

Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Dr Emmanuel Laryea

Offered

Not offered in 2009

Synopsis

This unit examines the development, operation, and regulation of contemporary international financial system and markets. It also examines the transactions that are conducted within those financial markets, how the transactions are structured, the potential legal problems and how they can be overcome or managed.

The major national markets of the United States, Europe, Australia and other countries will be considered, as will the important areas of international financial regulation and policy concerning infrastructure, including capital adequacy, clearance and settlement, foreign exchange and payment systems.

Objectives

On completion of this unit, students should:

1. have an understanding of the principal financial markets of the world and their interrelation one with another;
2. have an understanding of the historical development of those markets, and inherent weaknesses;
3. have an understanding of the various views, including economic theories, concerning the rationales for and objectives of regulating activities of those markets;
4. understand the legal problems arising from international and national financial regulation;
5. have an understanding of the regulatory options facing the international financial regulation system as a system, and emerging markets nations individually;
6. be able to critically analyse and evaluate the operations of, and consequences of the activities in international financial markets;
7. be familiar with the international agreements, regimes and institutions that influence and regulate international financial transactions;
8. understand the main issues that should be addressed when negotiating a contract for the provision of international financial accommodation;
9. have an understanding of the national and international legal structures and principles dealing with, and governing, international financial instruments;
10. understand the main types of structures used in international financial instruments;
11. have an appreciation of the unresolved legal issues in international financial transactions, and the range of potential solutions to them.

Assessment

Written research assignment of approximately 3750 words (50%) Take-home exam of approximately 3750 words (50%)

Contact hours

24 hrs of seminars/semester

Prerequisites

There are no specific prerequisites or co-requisites, but a sound knowledge of commercial law of at least one jurisdiction is desirable.

Prohibitions

Students of this unit are prohibited from taking LAW4188 and vice versa.

Leader(s): Ms Rowena Cantley-Smith

Offered

City (Melbourne) Trimester 3 2009 (On-campus block of classes)

Synopsis

As globalisation has gathered pace, Australian, regional and international energy markets have experienced significant economic and structural transformations. These changes have been accompanied by significant legal and policy developments, reflecting growing worldwide concerns over diminishing global supplies of traditional fossil fuel resources, cost and price fluctuations, security of energy supply, environmental hazards of fossil fuel production and consumption (e.g. sustainable development, climate change and marine pollution) and a variety of human rights matters issues (e.g. corporate responsibility and indigenous peoples' rights to and over natural resources).

Objectives

Upon completion of this unit, students should have an appreciation of domestic and international energy markets and the global importance of energy, together with a broad understanding of various multidisciplinary aspects of energy markets such as price, cost, security of supply, environmental damage and international and internal armed conflict. Students should also have a comprehensive understanding of, inter alia:

1. Various energy sectors in Australia, relevant sources of energy law for each sector and the impact of constitutional constraints on the energy sector;
2. Historical development of the national energy market (electricity and gas) and the policy decision making, governance arrangements and legislative and regulatory framework of the nascent Australian Energy Market;
3. Regulatory functions, obligations, responsibilities and/or participatory rights and benefits of key stakeholders in the Australian Energy Market;
4. Adverse impact of energy production and consumption on the environment, in particular greenhouse gas emissions;
5. Various domestic, supranational and international legislative and regulatory responses to dealing with environmental harm, such as emissions trading systems and changing the fuel mix towards renewable energies and/or nuclear power.

Assessment

Research paper (6,000 words): 80%

Class presentation on major research paper: 20%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Mr Kwame Mfodwo

Offered

Not offered in 2009

Synopsis

This unit studies how Australia allocates and protects its most crucial natural resource - water. The emphasis is on current regulatory arrangements, although key aspects of the history of water development and politics in Australia are also examined. The approach taken is both legal and policy-oriented with significant elements of critique.

Objectives

After successful completion of this unit, students will:

• have a sound understanding of the principal legal and policy instruments generally applied to the management of water resources in Australia;
• be able to coherently explain the legal aspects of water resources management at different scales, including current frameworks aimed at ensuring efficient allocation of water in Australia, whilst paying due attention to the technical and scientific context;
• be able to provide a historically informed and analytically well-grounded description of institutional arrangements for water resource management in Australia, with a particular emphasis on the interaction between Federal/State and public/private arrangements;
• be able to coherently critique the main elements of the regulatory arrangements governing the management of water resources in Australia, including the inherent tensions and difficulties within these arrangements;
• have a sound understanding of the legal aspects of undertaking balanced decision-making with respect to the allocation of water resources in Australia;
• be familiar with the mainstream theoretical debates within the policy arenas most relevant to water resource management generally and in Australia; and
• be able to use a mixture of legal and other regulatory insights to provide a basic level of sound and informed regulatory advice to higher level decision-makers in the water resources and natural resource management sector generally.

Assessment

1. A 1500 word essay due five weeks after start of semester (worth 20%);

2. A 6000 assignment on a regulatory problem due at the end of the semester (80%)

Contact hours

24 Hours total per semester.

Leader(s): Professor Jeff Waincymer

Offered

City (Melbourne) Trimester 2 2009 (On-campus split block of classes)

Synopsis

This unit will examine:

• the main features of WTO law;
• the WTO in its historical and legal context;
• the WTO's institutional structure and decision making and negotiating processes;
• a number of the key WTO agreements in more detail; and
• the rules governing trade in goods and services in the WTO, in particular the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the General

Objectives

On successful completion of this unit, students should:

• be familiar with the history of the GATT and WTO and ongoing negotiations;
• understand the legal framework of the WTO, including the relationship between the various agreements, the relationship between the WTO agreements and national laws, and the dispute settlement process;
• understand the tensions that may arise between WTO objectives and other objectives in national or international law, and how these tensions may be resolved;
• be able to interpret and apply certain key WTO agreements, including advocating a particular position in a given hypothetical, potential or past case; and
• be familiar with major WTO dispute settlement decisions regarding these WTO agreements, and be able to assess these decisions critically.

Assessment

Take-home examination (3,000 words): 40%

Research assignment (4,500 words): 60%.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Ms Joanna Betteridge

Offered

City (Melbourne) Trimester 2 2009 (On-campus split block of classes)

Synopsis

This unit studies anti-discrimination law and equal opportunity in the workplace at federal and state levels including:

• examination of Acts regulating anti-discrimination in the workplace including the Disability Discrimination Act 1992; Human Rights and Equal Opportunity Commission Act 1986; Racial Discrimination Act 1975; Sex Discrimination Act 1984; Age Discrimination Act 2004; Equal Opportunity Act 1995; and Charter of Human Rights and Responsibilities Act 2006;
• examination of provisions in the Workplace Relations Act 1996 prohibiting discriminatory termination of employment;
• study of the concepts of direct and indirect discrimination; and
• review of relevant case law.

Objectives

Upon completion of this unit, students should have acquired:

1. Knowledge of the law relating to anti-discrimination, equal opportunity and harassment at federal level in Australia and an understanding of the theoretical and philosophical bases underpinning the legislation.

2. Knowledge of the role of state laws in anti-discrimination;

3. Knowledge of the operation in practice of the law of anti-discrimination and an ability to apply the law to workplace anti-discrimination problems.

4. An understanding of the current and potential issues facing anti-discrimination law and practice in Australia, informed where relevant by international developments.

Assessment

One research assignment (3,750 words): 50% One take-home examination (3,750 words): 50%, In appropriate cases determined by the lecturer where a student has experience in the practice of anti-discrimination law, assessment may be one research assignment (7,500 words) for 100% of the marks.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prohibitions

Students who havesuccessfully completed LAW7129 Law and Discrimination are prohibited from undertaking this unit.

Leader(s): Professor Graeme Hodge

Offered

Not offered in 2009

Synopsis

This subject will consider regulation within regulatory settings, such as: the environment, financial markets, the pharmaceutical industry, occupational health and safety or telecommunications regulation. It considers some of the particular variations of regulatory methods and process that have evolved in these contexts. The list of setting will vary from year to year and may include regulation in the digital economy especially the Internet, regulation of complex organisations, such as large corporations or universities, or in the bio-medical and health fields, civil aviation and transport regulation and regulation of theprofessions.

Objectives

This subject covers a number of cases which might include environmental regulation, financial services regulation, occupational health and safety regulation and trade practices, international aviation, the digital economy including the internet, bio-medical and health, nanotechnology, the professions, tax compliance, road traffic, pharmaceutical industry, telecommunications, complex organisations or other cases. Therefore, upon completion of this subject, for several areas of regulation, students will be able to:

• identify the traditional instruments of the relevant regulatory instruments;
• analyse the strengths and weaknesses of the relevant regulation instruments and how to deal with them;
• understand the monitoring and enforcement problems associated with relevant regulation techniques;
• compare innovative relevant regulation instruments with traditional instruments; and
• understand relevant regulation in other contexts.

Assessment

Research paper (3750 words): 50%

Case study (3000 words): 40%

Class participation: 10% (based on participation over the teaching period.)

Contact hours

Students enrolled in the course will be provided with 24 contact hours of lectures/seminars per semester. Students will be expected to do reading set for class, and undertake additional research and reading as applicable to a 6 credit point unit.

Prerequisites

Any two of the prescribed core units in the Master of Regulatory Studies and the Graduate Diploma in Regulatory Studies, or subject to approval of the LLM course convenor.

Leader(s): Professor Graeme Hodge

Offered

Not offered in 2009

Synopsis

This unit investigates privatisation as a family of policies and practices within both modern and developing states. It also examines the crucial role played by regulation in governing privatised arrangements. Historical aspects of State-owned enterprise and traditional governance arrangements are explored, along with more recent privatisation trends and regulatory phenomena. A range of theoretical underpinnings for privatisation and regulation are investigated. Components include enterprise sales, contracting-out public sector services, public-private partnerships and private sector development strategy, with case studies drawn from developing countries and western liberal economies.

Objectives

Upon completion of the unit, students will be able to:

• understand the changing role of the state;
• define the privatisation family of policies and their place within state governance;
• outline the task of regulating state-owned enterprise, including aspects of history, debates, trends and issues;
• identify theories and political underpinnings relevant to privatization and associated regulatory arrangements;
• analyse a range of privatisation modes including; contracting-out of government services, enterprise sales, public-private partnerships and private sector development strategies;
• articulate contemporary debates on privatization and regulation and understand the crucial role played now by regulatory arrangements in the privatised state;
• distinguish elements of accountability in the re-regulated state.

Assessment

Research paper (3,750 words): 50% Case study (3,000 words): 40% Class participation: 10%

Contact hours

Students enrolled in the course will be provided with 24 contact hours of lectures/seminars per semester. Students will be expected to do reading set for class, and undertake additional research and reading as applicable to a 6 credit point unit.

Prerequisites

Any two of the prescribed core units in the Master of Regulatory Studies and the Graduate Diploma in Regulatory Studies, or subject to approval of the LLM course convenor.

Leader(s): Dr Paula Gerber

Offered

City (Melbourne) Summer semester A 2009 (On-campus split block of classes)

Synopsis

Protecting the rights of minorities, marginalised and vulnerable persons is probably the most overlooked and disregarded area of human rights law. Minority groups are generally marginalised by society, making them easy to ignore. Since minorities only ever represent a small percentage of the population they lack the critical mass that is often needed to successfully assert human rights claims. Furthermore minorities themselves are often antagonistic towards each other - religious minorities are unlikely to join forces with sexual minorities, or disabled people with linguistic minorities - with the result that they remain sectors of society that are easily repressed.

Objectives

Upon completion of this unit, students should:

1. understand and be able to analyse and critically comment on the theoretical debates about what it means to take a rights based approach to issues concerning ethnic, linguistic, religious and sexual minorities and persons with disabilities;

2. have a comprehensive understanding of, and be able to analyse and critically comment on international, regional and local approaches to minority rights;

3. be able to critically assess the strengths and weaknesses of the UN processes for protecting minority rights,

4. be able to critically evaluate the strengths and weaknesses of Australian laws and structures relating to protecting the rights of minorities at both the state and federal levels;

5. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to minority rights;

6. further develop legal research, writing, and legal argument skills in the area of the rights of minorities; and

7. further develop oral articulation of legal argument during class discussions.

Assessment

Research assignment (6,750 words): 90% and Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7026

Leader(s): Ms Oyiela Litaba

Offered

City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

This unit is designed to give students an understanding of the legal profession in its historical and societal contexts, the significance of being a profession and the organisation, structure and regulation of the legal profession in Victoria. The unit will examine critically the role of lawyers in the Australian legal system.

Objectives

On completing the unit, students should be able to:

1. understand the nature of a profession and the privileges and obligations of being a member of a profession;
2. understand legal practitioners' obligations as trustees of client money;
3. appreciate some current issues and future challenges confronting the legal profession and have reasoned opinions about them;
4. understand how the legal profession is organised and regulated in Victoria and implications of current reforms;
5. understand the ethical and professional obligations of lawyers with respect to clients, the courts, other practitioners, third parties and the community generally;
6. be able to identify ethical issues that arise in the context of legal practice;
7. understand how to resolve ethical issues in accordance with the principles and rules of professional conduct;
8. appreciate the role of personal moral values in professional conduct;
9. understand practitioners' obligations to provide information to clients and in charging legal costs.
10. appreciate the role of lawyers in the Australian state and society.

Assessment

Research essay 30%
Examination 70%.

Contact hours

24 hours of class contact per 12 week trimester plus 10 hours per week private study and preparation.

Prerequisites

LAW7212 Australian Legal System

LAW7079 Legal Research and Problem Solving

LAW7265 Principles of Contract Law

LAW7267 Principles of Property Law

LAW7266 Principles of Torts

LAW7271 Principles of Trusts

LAW7269 Principles of Equity

Leader(s): Mr Greg Campbell / Mr Paul Woods

Offered

City (Melbourne) Summer semester A 2009 (On-campus block of classes)

Synopsis

This unit will allow students to acquire knowledge and understanding of a specialist, and increasingly important, area of the law. The unit begins with a critical analysis of the different types of contracts and project delivery methods used by the Australian construction industry, ranging from traditional to alternative. Second, students explore the problem areas that can lead to conflicts during the course of construction projects and the resultant legal ramifications and insurance issues.

Objectives

Upon successful completion of this unit, students
should:

1. be familiar with the different types of contracts used on construction projects and the pros and cons of each;
2. be able to identify the issues that impact on construction projects such as variations, latent defects, delays and defective works and the legal ramifications of each;
3. understand the broad range of dispute avoidance and management options available and their relationship to judicial and arbitral processes;
4. recognise the different types of insurance required for construction projects and be able to critically assess the contractual provisions relevant to them;
5. have knowledge of the various statutes and regulations governing the construction industry; and
6. be able to write clearly, concisely and logically on issues relating to construction law.

Assessment

Assignment (3,750 words)50% Take Home Exam (3,750 words)50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Australian Legal System LAW7212

Leader(s): Dr Angela Ward; Guest Lecturer - Mr Julian Burnside, QC

Offered

City (Melbourne) Trimester 3 2009 (On-campus block of classes)

Synopsis

In recent years, we have witnessed increased public debate about the status of governmental guarantees of civil and other human rights. In the context of international focus on the "war on terror", there is widespread concern about the possibility of infringement of civil liberties by governments and third parties alike. This debate is particularly relevant in Australia, which is alone amongst comparable common law jurisdictions in its lack of a bill of rights. In 2005, the Victorian State government followed the lead of the ACT, New Zealand and the United Kingdom in proposing the introduction of a State Charter of Rights and Responsibilities, that was enacted in 2006.

Objectives

On completion of this unit students should:

1. Have a sound understanding of the content of and case law under the domestic bills of rights in the ACT and Victoria;
2. Have the ability to compare the implementation of bills of rights in Australia with those of other countries, particularly the UK and New Zealand;
3. Have a sound understanding of the history and processes behind the "Europeanisation" of United Kingdom human rights law, and its relationship with common law protection;
4. Understand in detail the technique of incorporation of the European Convention of Human Rights under the United Kingdom law Human Rights Act 1998 (UK), and its place in the United Kingdom Constitution;
5. Understand the human rights jurisdiction of the European Court of Justice in Luxembourg, and how it is applied under United Kingdom law;
6. Assess the extent to which, in key substantive fields, Australian and United Kingdom human rights law have come to diverge due to the influence of "Europe" on the latter. Particular reference will be made to the Human Rights Act 2004 (ACT), and the Victorian Charter of Rights and Responsibilities;
7. Understand how the Bill of Rights Act 1990 (NZ) has secured the implementation of the ICCPR under New Zealand law;
8. Understand the extent to which the Bill of Rights Act 1990 (NZ) has impacted on New Zealand public law, with a particular emphasis on remedies and the principle of proportionality;
9. Be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to bills of rights;
10. Further develop legal research, writing, and legal argument skills in the area of bills of rights; and
11. Further develop oral articulation of legal argument during class discussions.

Assessment

Research Paper (7500 words) 100% OR
Research Paper (3750 words) 50% AND
Take Home Exam (3750 words) 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Professor Graeme Hodge

Offered

Not offered in 2009

Synopsis

This unit introduces regulatory scholars to the arena of the professions. The unit covers a range of professional regulation frameworks and models and introduces regulatory methodologies through case studies, readings, critical analyses and discussions on current professional regulation issues. In each instance, both the professional regulation model and the effectiveness of these contributions made to understanding effectiveness are investigated. A range of professional regulation case studies are undertaken.

Also included in this unit are the links between the broader theoretical literature and the literature dealing with the regulation of professional bodies.

Objectives

Upon completion of this unit, students will be able to:

• identify common regulatory methods and frameworks applied to professions;
• explain the roles of professional regulation within a broader regulatory context of political economy;
• explain the key features of regulatory models as applied to major professional groups;
• compare a range of regulatory techniques applicable globally; and
• analyse and evaluate a series of relevant case studies.

Assessment

Research paper (3,750 words): 50% Case study (3,000 words): 40% and Class participation: 10%

Leader(s): Ms Teresa Dyson

Offered

Not offered in 2009

Synopsis

On completion of this unit, students will have a solid understanding of the way in which the taxation law affects financing arrangements. In particular, students will have a broad understanding of special regimes such as the debt and equity regime, the forex regime and the proposed taxation of financial arrangements regime.

Objectives

This unit will cover a broad range of issues relating to the taxation of financial arrangements, including the following specific regimes: the debt and equity regime, the forex regime, the thin capitalisation regime and the proposed taxation of financial arrangements regime.

Assessment

Research paper (3750 words): 50% Take-home exam: 50%

Leader(s): Mr Tony Pagone, QC (Semester One); Ms Jennifer Davies, SC (Semester One)

Offered

Not offered in 2009

Synopsis

This unit covers a range of issues relating to taxation litigation and drafting, including:

• notices of objection;
• ruling applications;
• appeal statements;
• notices of appeal;
• presenting submissions;
• High Court Special Leave applications; and
• preparation of opinions and advice.

Objectives

On completion of this unit, students will have a solid understanding of the taxation litigation and appeal process, the ruling system and the Australian Taxation Office's information gathering powers. They will also have an understanding of key issues relating to the preparation of opinions and submissions in the area of taxation law.

Assessment

Writing memorandum (3,750 words): 50%

Mooting: 30%

Drafting exercise (1,500 words): 20%

Leader(s): Professor Marilyn Pittard

Offered

City (Melbourne) Term 4 2009 (On-campus split block of classes)

Synopsis

The recent developments proposed or enacted in federal labour law since the Work Choices changes, that is, the 'Forward with Fairness' law and policy, will be critically examined, including changes to workplace bargaining and bargaining in good faith, collective agreements, individual agreements, dispute resolution, industrial action, strike ballots laws, new institutions, legislated safety net conditions and award modernisation, unfair dismissal, implications for unions, and use of the Constitution's corporations power establishing a national system.

Objectives

The objectives of this unit are to:

1. critically explore the changes brought or proposed to the federal system of workplace relations since Work Choices by the federal Labor government's 'Forward with Fairness';
2. analyse the new approach to awards, bargaining, bargaining in good faith, dispute resolution and negotiating workplace agreements, including collective agreements and the role of individual agreements;
3. understand the role of the right to strike, secret ballots and unions;
4. analyse the role of new and proposed institutions in the system;
5. critically examine the constitutional and public policy underpinnings of the federal labour laws; and
6. understand the likely impact of the changes, including through analysis of recent court and tribunal decisions.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

In appropriate cases determined by the lecturer where a student has relevant background and experience, assessment may be one research assignment (7,500 words):100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Law of Employee Relations Law 7083 or a relevant background through study or practice as determined by the lecturer.

Leader(s): Professor Jeff Waincymer

Offered

Not offered in 2009

Synopsis

The unit analyses international commercial arbitration from an advanced practical and theoretical perspective, its sources of law and the ways in which it is integrated with domestic legal systems. Attention is given to the conduct of arbitrations, the elements of the Award, court supervision and enforcement. Specific attention is given to contractual disputes and also the emerging area of international investment disputes.

Objectives

The objectives of the unit are to;

1. introduce students to the most significant current issues in relation to international commercial arbitration

2. develop students' understanding of the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies

3. invite students to evaluate different procedural models that may be used

4. have students develop an understanding of the relationship between party autonomy and court supervision in relation to recognition and enforcement of awards and in relation to interim measures of protection

5. enable students to identify and evaluate the emerging challenges thrown up by certain types of commercial disputes, particularly contractual and investment disputes, the latter involving States as parties and which also involve Investment Treaties.

Assessment

One research assignment (3,750 words): 50% One take-home examination (3,750 words) OR participation in a graded moot simulation (including preparation of a written memorial): 50%. In appropriate cases determined by the lecturer, assessment may be one research assignment (7,500 words) for 100% of the marks.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

None

Co-requisites

None

Prohibitions

None

Offered

Not offered in 2009

Synopsis

This subject is concerned with the conduct of civil litigation in courts from the Magistrates Court to the Supreme Court. It will focus on development of skills, particularly legal research, awareness and use of learning strategies, oral and written communication, negotiation and advocacy. The specific values which will be addressed are professional values and the recognition and resolution of ethical conflicts

Objectives

At the successful completion of this unit you should be able to:

1. take full and accurate instructions from your client and pick out the relevant facts from instructions and documents provided;
2. identify and analyse the legal issues;
3. assess the strengths and weaknesses of your client's case and provide clear written advice to your client as well as advice on alternative methods of dispute resolution to achieve the best outcome for the client;
4. identify the procedures for the resolution of civil claims in the various jurisdictions in which you might practice;
5. prepare documents for litigation;
6. prepare and present evidence in a manner most advantageous to your client;
7. comply with the relevant rules of court and practice notes;
8. address ethical issues that typically arise when you are instructed in a litigation matter

Assessment

If online version:
Letter of Advice - 15%; Preparation of Pleading - 25%; Preparation of Application - 30%; Short Question Assessment Task - 30%.

Contact hours

Intensive - 27 hours per week for 3 weeks

Leader(s): Claire Smith

Offered

Not offered in 2009

Synopsis

This subject will cover the range of legal services required for a practitioner acting for clients involved in small and large businesses, such as formation and regulation of business enterprises, directors' duties and taxation of businesses. It will require the development of the skills such as legal research and analysis, awareness and use of learning strategies, practice management, oral communication and interpersonal relationships and mediation. It will focus on the values of resolution of ethical conflicts and recognition of personal values

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and pratice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values;
3. personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development

Contact hours

Intensive - 27 hours per week for 3 weeks

Leader(s): Associate Professor Gaye Lansdell

Offered

Not offered in 2009

Synopsis

The subjects deals with the regulation of the legal profession and the statute, rules and ethical principles relating to the conduct of practitioners. It is concerned with the nature of ethics and their relationship with moral values. The skills further developed are research and analysis, oral and written communication and practice management. The subject will explore the recognition and resolution of ethical conflicts and the awareness and understanding of personal and professional values

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and practice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values;
3. personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development

Assessment

If online:
1. Oral submission on admission - 30%
2. Debate on ethical issue (oral) - 30%
3. Group project - 40%

Contact hours

Intensive - 27 hours per week for 1 week

Offered

Not offered in 2009

Leader(s): Associate Professor Gaye Lansdell

Offered

Not offered in 2009

Synopsis

This subject deals with the conduct of criminal proceedings, particulary in the Magistrates Court as the court, and with the roles of prosecution and defence. While concerned generally with the broad competencies listed above, this subject will focus on legal research and analysis, awareness and use of learning strategies, oral and written communication, negotiation and advocacy. The subject will explore recognition and resolution of ethical conflicts, and awareness of personal values.

Objectives

At the successful completion of this unit you should be able to:

1. demonstrate an understanding of the relevant legislation and common law;
2. prepare basic Criminal Law applications including please of guilty and bail applications;
3. identify the underlying concepts and issues involved in criminal law practice

Assessment

Online course (Codes 3389 & 3390): 1. court visit and report:10%. 2. Letter of Advice 205. 3. Preparation of Interview checklist: 20%. 4. Preparation of notes for plea of guilty: 10%. 5. Preparation of advice: 20% 6. Letter of advice:10%.7. Case studies:10%. On campus course (Code 2772): 1. In-course assessable task (completion of letter of advice): 50% 2. Final week oral assessment - advocacy related criminal law matter: 50%

Contact hours

Intensive- 27 hours per week for 3 weeks

Leader(s): Danny Robinson

Offered

Not offered in 2009

Synopsis

This subject is concerned with the rights and obligations of parties to employment contracts. The skills which will be developed are those relating to legal research and analysis, awareness and use of learning strategies, oral and written communication and negotiation and mediation. The values to be addressed relate to the recognition and resolution of ethical conflicts and awareness of personal values

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and pratice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values;
3. personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development

Assessment

On-campus - Regular feedback will be provided to students on written exercises and oral presentation such as letter of advice to client and presentation of application for unfair dismissal. Two written assessments: 50% each. Competence will be assessed according to the grades of "Merit", "Pass" or "Fail".

Contact hours

Intensive - 27 hours per week for 2 weeks

Leader(s): Dr Renata Alexander

Offered

Not offered in 2009

Synopsis

The subject covers the three principal areas of family law: divorce, children,and family property. It will require the development of skills, particularly legal research and analysis, awareness and use of learning strategies, practice management, oral and written communication, negotiation and mediation. It will expose the student to the importance of the recognition and resolution of ethical conflicts, awareness of personal values and understanding of professional ethics

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and practice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values;
3. personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development

Assessment

Regular feedback will be provided on written exercises and oral presentations re client interviews and presentation of application to the Family Court: 50%
Written memoranda and draft documents (totalling 10,000 words) and a minimum of one oral presentation (30 minutes): 50%. Assessed according to grades of "Merit", "Pass", or "Fail"

Contact hours

Intensive -27 hours per week for 3 weeks

Leader(s): Bruce Aurthur - 2772

Offered

Not offered in 2009

Synopsis

The subject is concerned with conveyancing and other kinds of transactions in the areas of property and business law. It will focus on development of the following skills: legal research and analysis, awareness and use of learning strategies, practice management, oral and written communication, and negotiation. The particular values that will be addressed in the subject include the recognition and resolution of ethical conflicts, awareness of personal values and understanding of professional values

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and pratice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values;
3. personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development

Assessment

Online courses (codes 3389 and 3390):

1. Preparation of documents, including a contract, on behalf of both vendor and purchaser in relation to sale and purchase: 60% 2. calculation of stamp duty payable in 3 different transactions:10% 3. Letter of advice: 25% 4. Calculation of stamp duty payable on 2 different lease transactions: 5%

On campus course (code 2772): 1. In-course assessable task (completion of 4 files including sale and purchase of residential property and sale and purchase of strata title property): 50% 2. Final week oral assessment - interviewing assessment of property related law problem: 50%

Contact hours

Intensive -27 hours per week for 3 weeks

Leader(s): TBA

Offered

Not offered in 2009

Synopsis

This subject is concerned with the development of practical skills in the drafting of wills, preparation of probate, and administration of estates. The particular skills to be addressed are legal research and analysis, awareness and use of learning strategies, practice management, oral and written communication, and negotiation. The values that will be considered include the recognition and resolution of ethical conflicts, awarenss of personal values and understanding of professional values

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and practice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values;
3. personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development

Assessment

On-campus (course code 2772) One written assessment: 100%
Competence will be assessed according to the grades "Merit", "Pass" or "Fail"

Contact hours

Intensive - 27 hours per week for 2 weeks

Leader(s): Damian Knowles & Megan Austin

Offered

Not offered in 2009

Synopsis

This subject is concerned with the statutory requirements and rules relating to the keeping of trust and office accounts, the fiduciary duties arising out of holding client's money and the obligations on the practitioner relating to costs information and the rendering of accounts to clients. It will require the development of skills in interpersonal relationships and practice management. The understanding of professional values will be enhanced

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and practice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values;
3. personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development.

Assessment

On-line (course code 2772) Regular feedback will be provided on written exercises and oral presentation. Two written assessments: 40% and 60% each. Assessment will be according to the grades 'Merit', 'Pass' or 'Fail'

Contact hours

Intensive 30 hours per week for 1 week

Leader(s): Rachel Chrapot

Offered

Not offered in 2009

Leader(s): Associate Professor Gaye Lansdell

Offered

Not offered in 2009

Synopsis

Under the supervision of qualified practitioner-teachers, students will take responsibility for handling clients' legal problems at Monash-Oakleigh Legal Service and Springvale Legal Service. They will open files and run cases in the manner of a law firm, and appear in court in appropriate circumstances. The practice fields most commonly arising in the legal work undertaken at these community legal centres relate to criminal charges, family disputes and a wide range of civil matters.Experience in the 'live' clinic is recognised as being especially effective as the best environment for developing awareness and use of learning strategies, personal values and professional ethics

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and pratice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values; (c) personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development

Assessment

1. Students joining Monash Oakleigh Legal Service (MOLS) as clinic participant, assessed by supervisor as to:

Taking instructions 25%; Follow up with supervisor 25%; Drafting and negotiation skills file management 20%; Office procedure 10%; Improvement during course 10%; General work practice skills 10%

(Total supervision worth 70% of overall mark); and

Completion of Reflective Journal 30% (3,000 words total as 3 journals of 1,000 words and worth 10% each handed in at periodic intervals).

Students are assessed continuously on their interviewing skills, analytical and research skills and written skills. Feedback is provided on virtually each piece of work completed. Formative assessment is provided mid-course in the form of a private discussion with the supervisor. At the conclusion of the course, a student's overall performance throughout the unit is assessed according to grades of Merit, Credit, Pass or Fail.



2. Students using concurrent non-Monash workplace experience in satisfaction of Clinical Legal Placement component of PDLP:

Outside Supervisor must complete Workplace Report (Online PDLP Certificate by Workplace Experience Supervisor - Annexure C) as approved by COLE certifying that specific tasks undertaken during workplace experience. Document to be lodged with Monash University at completion of unit. (Total supervision worth 70%); and

Completion of Reflective Journal: 30% (3,000 words total as 3 journals of 1,000 words and worth 10% each handed in at periodic intervals).

At the conclusion of the course, a student's overall performance throughout the unit is assessed according to grades of Merit, Credit, Pass or Fail.

Leader(s): Ms Lesley McKenzie (2772) & Ms Rachel Chrapot (3389 & 3390)

Offered

Not offered in 2009

Synopsis

This subject will cover the rights and obligations of parties to consumer and credit contracts, with particular reference to statutory regimes and dispute resolution. It will focus on such skills as: legal research and analysis, awareness and use of earning strategies and oral and written communication. The subject will be concerned with awareness of personal values and understanding of professional values

Objectives

The primary objective is that those who have successfully completed the Diploma course, of which this subject is a part, will have the broad knowledge, skills and ethical awareness to undertake legal practice. Students who have successfully completed this subject will have acquired the following competencies:

1. practice fields: through learning and developing the skills summarised below, and gaining experience in the application of those skills in the field of this subject, students will have improved their competence to practise in any chosen specific field or fields of law and pratice;
2. skills: in particular, students will have learned and developed the skills set out in the Course Description for the Diploma relating to - learning strategies, research, analysis and writing; oral communication and inter-personal relationships; negotiation and advocacy; practice management and accounts; and hanmdling ethics and values; (c) personal development: students will have enhanced their broad and critical understanding of knowledge already gained, and their intellectual and social skills, in order to encourage and enable a continuing professional approach to work, community responsibilities and personal development.

Assessment

(2772)
Regular feedback will be provided on written exercises and oral presentation such as preparation of application to the Tribunal and presentation of oral argument. Two written assessments: 50% each, assessed according to grades of "Merit", "Pass", or "Fail".

(3389 & 3390)
1. Comprehensive letter of advice: 30%

2. Drafting an application to VCAT: 15%

3. Preparation of an appearance before the Guarantee Fund Claims Committee: 15%

4. Negotiation of a credit problem: 20%

5. Drafting of terms of Settlement: 10%

6. Summaries of three different dispute resolution avenues: 10%

Contact hours

(2772) Intensive - 27 hours per week for 2 weeks

Prerequisites

Bachelor of Laws (LLB) (or equivalent) including the specified subjects required for admission to practice in Victoria, as a prerequisite.

Leader(s): TBA

Offered

Not offered in 2009

Synopsis

This unit is concerned with the law and practice relating to activities affecting the natural environment, with particular reference to regulation and planning procedures and issues. It focuses on such skills as: legal research and analysis, awareness and use of learning strategies and oral and written communication, negotiation and mediation. The unit will also encourage awareness of personal values and recognition and resolution of ethical conflicts. The unit comprises 4 modules, namely:

1. Introduction.
2. Planning schemes and environmental issues.
3. The Planning permit application process.
4. Resolution of disputes.

Objectives

At the conclusion of this unit you should be able to:

• demonstrate your understanding of the statutory regimes and dispute resolution procedures relating to planning and environmental matters;
• apply your skills of legal research and analysis, oral and written communication in relation to the rights and obligations of parties involved in planning and environmental matters; and
• discuss your personal values and understanding of professional values in relation to planning and environmental matters.

Assessment

(2772) Regular feed back will be provided on written exercises and oral presentation such as appeal against refusal of permit and presentation of argument to Tribunal. Two written assessments: 50% each. Competence will be assessed according to the grades "Merit", "Pass", or "Fail.

(3389 & 3390) Assessment incorporates individual assignment work and participation in online activities.

Assessment will be in the form of 3 assessable activities:

(1) Either -
+ a letter of advice to a client or
+ a memorandum of advice to a partner

The letter or memorandum shall incorporate anticipated objections or counter-arguments and include advice on alternative dispute resolution.
Nature of activity: Individual written assignment Marks: 25%

(2) Either -
+ an application for a planning permit or
+ an objection or
+ an application for review against a decision to grant/refuse a permit.

In addition,

+ dot points for submissions and oral arguments in support of the application or objection or application for review.
+ Nature of activity: Individual written assignment: Marks: 20%

Group written/oral presentation Marks: 30%

(3) Both -
+ negotiating a settlement to the dispute and
+ drafting an agreement to reflect terms of settlement.

Marks will not be awarded for the negotiation exercise but feedback will be provided. Participation in the negotiation exercise will be compulsory in order to pass the unit.

Nature of activity: Compulsory exercise in negotiation Feedback given

Individual written assignment Marks: 25%

Contact hours

This is a online learning unit.

Prerequisites

Bachelor of Laws (LLB) (or equivalent) including the specified subjects required for admission to practice in Victoria, as a prerequisite.

Leader(s): Associate Professor Gaye Lansdell

Offered

Not offered in 2009

Synopsis

Under the supervision of qualified practitioner/teachers students will take responsibility for handling clients' legal problems at Monash-Oakleigh Legal Service or at other clinics operated by the Faculty. Students will take instructions, open files, research the law and conduct cases in the manner of a practitioner. In appropriate cases they may represent clients in court. The practice fields most commonly arising in the legal work undertaken at the clinic are criminal charges, family disputes and a wide range of civil matters.

Objectives

Students who have successfully completed this unit will have acquired the following competencies:

• the ability to interview clients, analyse facts and apply relevant legal principles;
• the ability to engender a client's confidence in the professional competence of the student;
• the ability to negotiate and utilize other applicable dispute resolution mechanisms in the client's interest;
• the ability to identify ethical issues and to determine the appropriate professional and personal resolution of such ethical issues; and
• a deeper understanding of the lawyer's role in the legal system and in the administration of justice.

Assessment

For students joining Monash Oakleigh Legal Service (MOLS) as clinic participant:

Taking instructions 25%; Follow up with supervisor 25%; Drafting and negotiation skills file management 20%; Office procedure 10%; Improvement during course 10%; General work practice skills 10%

Students are assessed continuously on their interviewing skills, analytical and research skills and written skills. Feedback is provided on virtually each piece of work completed. Formative assessment is provided mid-course in the form of a private discussion with the supervisor. At the conclusion of the course, a student's overall performance throughout the unit is assessed according to grades of Merit, Credit, Pass or Fail.

Off-campus attendance requirements

8 hours per week for 20 weeks. 4 hours at the clinic plus follow up work throughout the fortnight and regular discussion with supervisor. Average 8 hours per week throughout the course

Prerequisites

Successful completion of a Bachelor of Laws (LLB) (or equivalent) including the specified subjects required for admission to practice, is a pre-requisite.

Leader(s): Ms Fiona McLeay

Offered

Not offered in 2009

Synopsis

This unit will address the 'rights based approach' to international development, and the evolution of development theory. The intersection between human rights and development will be explored, including identification of relevant legal obligations; particular human rights such as the rights of women and the rights to health and education; consideration of the role of various international actors such as governments and the World Bank; and the role of international development NGOs. Particular reference will be made to the United Nations Millennium Development Goals.

Objectives

Upon completion of this unit, students should:

(a) Appreciate the historical growth of the international development movement since 1945 and understand the key debates in development practice; (b) Understand the role of law in development and the history of the law and development movement; (c) Understand and be able to analyse and critically comment on the theoretical debates about the role of law in development; (d) Understand and be able to analyse and critically comment on the intersection between international human rights law and international development goals and practice; (e) Understand and be able to analyse and critically comment on the variety of ways in which international human rights law may be used to set and achieve international development goals, and enhance development practice; (f) Be able to critically evaluate the strengths and weaknesses of attempts by the UN and other multilateral bodies to develop a "rights based" approach to development; (g) Be able to critically evaluation the role of non-State actors, particularly international development NGOs in the protection and realisation of international human rights; (h) Analyse the extent to which Australia's obligations under international human rights law relate to the aims and obligations of its foreign aid programme; (i) Be able to identify, understand, evaluate and apply relevant principles, laws and precedents and apply them to enhance current approaches to international development.

Assessment

Research paper (6,750 words) 90%; Class participation 10%

Prerequisites

LAW7026

Leader(s): Dr Melissa de Zwart

Offered

Not offered in 2009

Synopsis

This unit will consider:

1. the legal issues that arise from participation in online role playing games and other online communities;
2. the fundamental issues of how laws may be applied to such 'communities' and if the law of contract will overrule the application of specific national laws to such environments;
3. other issues which may affect the creation and use of content in such environments, such as the law of property, taxation, intellectual property and privacy;
4. consider practical legal issues as well as the policy issues which will underpin the application of the law in this area. The subject will address Australian and US laws, and other international laws, as appropriate.

Objectives

On completion of this unit, students should

1. have an enhanced appreciation of the nature of online communities and virtual worlds, including their economic significance;
2. be able to identify particular legal issues that arise in online communities and virtual worlds;
3. have a clear understanding of the contractual issues that arise in the context of joining, using and participating in online communities;
4. be able to identify and understand the property and taxation issues that arise in the context of online communities;
5. have a clear understanding of the intellectual property issues related to online communities;
6. have a clear understanding of the privacy and identity issues that arise from participation in online communities;
7. have a clear understanding of conflicts of laws issues as they apply to virtual worlds; and
8. have a clear understanding of how legal issues arising from participating in online communities may be avoided or resolved.

Assessment

Research paper (3,750 words): 50%
Take-home exam (3,750 words) 50%

Contact hours

24 Hours

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Ms Kate Eastman

Offered

Not offered in 2009

Synopsis

The 2006 enactment of the Victorian Charter of Rights and Responsibilities means that legal practitioners and students need to consider the impact of the Charter on litigation in a range of areas. This unit covers the sources of human rights and the role of international law in Australian law, specific Australian human rights statutes including the new Victorian Charter, international remedies of relevance to Australia, and comparative human rights laws. The unit will also cover the practical application of rights, including appropriate advocacy and research techniques on how to develop human rights arguments. Students will be taught how to advocate Victorian Charter issues effectively.

Objectives

Upon completion of this unit, students should:

1. be able to identify and recognise a human rights issue as it arises in a legal dispute;

2. be able to articulate and advance human rights arguments based on the particular dispute;

3. be able to apply relevant human rights jurisprudence from comparable domestic legal system such as the United States, Canada, New Zealand and the UK to apply in the Australian context;

4. to be able to develop logical and sound legal argument with respect to the application of human rights principles;

5. be able to identify appropriate remedies in relation to the human rights questions that are raised;

6. to develop a sound and critical understanding about the operation of human rights law in a practical setting; and

7. to be able to identify appropriate limitations on human rights and the concept of proportionality.

Assessment

Moot consisting of a written submission of 4,500 words (60%) and a 20 minute oral submission (40%) OR written assignment of 7,500 words (100%)

Contact hours

24 hours of "in person" seminars

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Professor Sarah Joseph

Offered

Not offered in 2009

Synopsis

This unit identifies important and contemporary issues in human rights law that arise in response to international developments, changes in law and policy, advances in technology, and other events. Complex issues not covered in other human rights units will be explored at an advanced level and may cover specialized areas such as human rights and the environment, human rights and cyberspace, contemporary human rights theory, and human rights institutional reform. The selection of current issues may incorporate Australian, comparative and international aspects, or a mixture thereof, where relevant. The contemporary nature of the unit means that its content will change each time it is offered.

Objectives

Students who have successfully completed the unit will:

1. Have a detailed knowledge of the law relating to the specific topics that are selected for analysis.
2. Have a thorough understanding of the wider legal, economic and social dimensions associated with those specific topics.
3. Be aware of the limitations of the current law (either international or domestic) that applies to the relevant issue and of proposals for reform.
4. Understand the relevant issues from a selected comparative perspective.
5. Understand the international aspects that relate to the particular issues.

Assessment

Research assignment (3,750 words):50%
Take home examination (3,750 words): 50%
OR Research assignment (7,500 words): 100%

Prerequisites

LAW7026
.

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Dr Yet Bryant

Offered

City (Melbourne) Term 4 2009 (On-campus split block of classes)

Synopsis

The unit is an elective for students in the Graduate Diploma in Local Government Law. This unit will provide students with an in-depth knowledge in an expanding and specialist area of the law. It will provide students interested in environmental law with the essential theoretical and practical understanding of key environmental law issues, concepts and principles. The focus is on the law and policy that has been applied to deal with environmental problems in the Australian domestic context.

Objectives

A candidate who has fully completed this subject should:

1. have a good understanding of the international context of environmental law, particularly in relation to environmental law conventions and other international instruments;
2. have an understanding of the relationship between international environmental law and domestic environmental law;
3. have a knowledge of the basic principles of environmental law;
4. be aware of how environmental law has been applied to deal with particular environmental issues
5. have a good understanding of the framework of laws for environmental planning, development control, environmental impact assessment, heritage conservation and pollution regulation'
6. have an understanding of the workings of the Victorian Civil and Administrative Tribunal and additional means of environmental dispute resolution; and
7. be able to make an assessment of where environmental law can be expected to develop in the future.

Assessment

Assignment (3,750 words)50%
Take Home Examination (3,750 words)50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): TBA

Offered

Sunway Trimester 2 2009 (On-campus block of classes)
Prato Trimester 2 2009 (On-campus block of classes)

Synopsis

The unit enables JD students to engage in overseas study and research in an area of international or comparative law or the legal system of a country or countries outside Australia.

Classes will take place at the Prato or Malaysia campus and will be linked to a specified LLB unit. Students will enrol in Overseas Study and Research in conjunction with attendance at the scheduled classes for a specified LLB unit chosen from a list of Prato or Malaysia based units approved by Postgraduate Studies Committee.

Objectives

The student successfully completing this subject should have

• significantly extended their understanding in the area of international law, comparative law, or the laws of a legal system or legal systems outside Australia;
• demonstrated a high level of achievement in relation to each of the objectives of a specified LLB unit;
• demonstrated the capacity to undertake independent legal research;
• displayed advanced analytical competence; and
• further developed their skills in the presentation of legal writing.

Assessment

Students will be required to attend at least 80% of classes in the associated unit and take part in any 'class participation' tasks as a hurdle requirement prior to submission of either a research paper (7,500 words): 100% or two research papers/assignments (3,750 words each): 50%
50% on a topic/topics to be approved by the subject lecturer.

Contact hours

24 Hours

Prerequisites

- Any prerequisites in place for the associated LLB unit;
- The achievement of at least 72 credit points towards the JD;
- Permission of the Convenor of the JD program in liaison with the lecturer of the associated unit and the Director International.

Co-requisites

None

Prohibitions

Any coursework unit or graduate research paper where, in the view of the Convenor of the JD, there is significant overlap in subject matter.

Leader(s): TBA

Offered

Sunway Trimester 2 2009 (On-campus block of classes)
Prato Trimester 2 2009 (On-campus block of classes)

Synopsis

The unit enables JD students to engage in overseas study and research in an area of international or comparative law or the legal system of a country or countries outside Australia.

Classes will take place at the Prato or Malaysia campus and will be linked to a specified LLB unit. Students will enrol in Overseas Study and Research in conjunction with attendance at the scheduled classes for a specified LLB unit chosen from a list of Prato or Malaysia based units approved by Postgraduate Studies Committee.

Objectives

The student successfully completing this subject should have

• significantly extended their understanding in the area of international law, comparative law, or the laws of a legal system or legal systems outside Australia;

• demonstrated a high level of achievement in relation to each of the objectives of a specified LLB unit;

• demonstrated the capacity to undertake independent legal research;

• displayed advanced analytical competence; and

• further developed their skills in the presentation of legal writing.

Assessment

Students will be required to attend at least 80% of classes in the associated unit and take part in any 'class participation' tasks as a hurdle requirement prior to submission of either a research paper (7,500 words): 100% or two research papers/assignments (3,750 words each): 50%
50% on a topic/topics to be approved by the subject lecturer.

Contact hours

24 Hours

Prerequisites

- Any prerequisites in place for the associated LLB unit;
- The achievement of at least 72 credit points towards the JD;
- Permission of the Convenor of the JD program in liaison with the lecturer of the associated unit and the Director International.

Prohibitions

Any coursework unit or graduate research paper where, in the view of the Convenor of the JD, there is a significant overlap in subject matter.

Leader(s): TBA

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)

Synopsis

The unit involves attendance at a community legal service which endeavours to meet the needs of its community. Students learn a range of lawyers' skills and develop professional commitment and ethical standards. The subject adds a social dimension to academic training by creating an opportunity for students to assess the adequacy of law and legal processes in context.

Objectives

Students completing this unit should have acquired:

• the ability to critically analyse legal principles and the legal system in the context of contemporary society;

• an understanding of the extent to which the law and the legal system meet the needs of the community;

• skills involving judgment, such as the investigation of facts, the recognition of issues, the analysis of problems and situations, the use of tactics and decision-making;

• skills in oral and written communication required of lawyers, including interviewing, counselling, negotiating, advocacy and drafting;

• an understanding of professional legal issues of ethics and morality.

Assessment

Legal service work: 60%
Law reform and education group task: 20%
Reflective journal: 20%

Contact hours

One half-day Legal Service client intake session per week throughout semester (including non-teaching period) is mandatory. There is also a 2-hour seminar each week for the first 10-12 weeks and one 1-hour tutorial per week for the first 3-4 weeks of the teaching period.

Prerequisites

The achievement of at least 72 credit points towards the JD.

Co-requisites

Nil

Prohibitions

Students may take no more than 18 credit points from units on the list of skills based or practical electives approved by PGSC.

Leader(s): Mr Mark Hayes

Offered

Not offered in 2009

Synopsis

This unit will deal with the general principles of contract, including formation of contract; discharge of contract; issues concerning performance of contracts (including variations); assigning and novating contracts; and remedies for breach of contract. It will also address sections 186 and 189 of the Local Government Act 1989 dealing with tendering requirements as well as Division 3 of Part 9 of that Act which concerns best value. The Department for Victorian Communities' Local Government Procurement Guidelines and the application of National Competition Policy to procurement will also be discussed.

Objectives

A student who has successfully completed this subject should:

1. be familiar with the general principles of contract, including formation of contract and discharge of contract and issues concerning performance of contracts (including variations);
2. be aware of the legal principles that pertain to assigning and novating contracts and the remedies for breach of contract;
3. understand the relevance and application of sections 186 and 189 of the Local Government Act 1989 (Vic) relating to tendering requirements and those of Division 3 of Part 9 of the Act pertaining to the obligation to obtain best value;
4. be familiar with the Department for Victorian Communities' Local Government Procurement Guidelines;
5. understand the application of National Competition Policy to procurement in a Local Government context; and
6. be able to analyse problems and to write clearly, concisely and logically on issues relating to contracts for the procurement of goods and services in the administration of Local Government responsibilities.

Assessment

One research assignment (3,750 words): 50% and One take-home examination (3,750 words): 50%

Contact hours

24 Hours

Prerequisites

LAW7212

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Professor Susan Kneebone

Offered

Not offered in 2009

Synopsis

The unit examines the evolution of the international regime for refugee protection and challenges from restrictive policies of receiving countries, including the EU. It compares international refugee protection and other human rights protection. It examines the human rights implications of asylum and non-refoulement, the refugee definition, and its elements.

Objectives

Upon completion of this subject, students should:

1. Understand the evolution and nature of the international regime for refugee protection.
2. Have detailed knowledge of the international instruments applicable to asylum seekers and refugees, including the Refugees Convention.
3. Be able to compare the responses of different states and regions to refugee issues since the creation of the Refugees Convention.
4. Understand and be able to evaluate the human rights of refugees and asylum seekers under the Refugees Convention and related relevant international instruments.
5. Understand and be able to evaluate the application of human rights protection to refugees and asylum seekers.
6. Have acquired detailed knowledge of the concept of a 'refugee' under the Refugees Convention and of the various elements of the refugee definition.
7. Have acquired detailed knowledge of the measures taken by receiving states and regions, including the EU, to restrict the conferment of protection on refugees and asylum seekers or to provide alternative forms of protection.
8. Enhanced oral and written communication skills, including the ability to conduct research and to devise a research project.

Assessment

Research paper (3,750 words): 50% Take-home examination (3,750 words): 50%
or
Research paper (7,500 words): 100%

Contact hours

24 Hours

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Professor Bernt Hugenholtz

Offered

Not offered in 2009

Synopsis

Works of authorship travel easily across national borders, giving copyright law an international dimension almost by definition. Increasingly, national copyright norms are being established at the international level, either in the form of multilateral treaties or bilateral instruments. At the same time, the Member States of the European Union have been pursuing an ambitious programme of harmonization, which might lead to a unified European Copyright Law in the long-term future. This course explores past and recent developments in international copyright law. Particular attention is paid to Comparative law, International Copyright Conventions and Harmonisation of copyright law in Europe.

Objectives

Having successfully completion this course students will:
(1) be able to identify and comprehend basic problems of copyright law in an international context; (2) be able to identify the main differences between the 'author's rights' paradigm in civil law and the 'copyright' approach in common law; (3) have a good working knowledge of the main international treaties and European directives in the area of copyright law; (4) have a basic understanding of the main political and economic drivers influencing international copyright law; (5) be able to compare and apply copyright rules from different jurisdictions to the same set of facts; (6) be able to write a well-reasoned paper on a designated topic in the area of international copyright law.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Contact hours

24 Hours

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Mr J Romesh Weeramantry

Offered

Not offered in 2009

Synopsis

This unit considers traditional approaches and modern developments in foreign investment law. First, it provides a general understanding of the international legal framework of investment protection treaties and associated expropriation norms. Second, it focuses on specific international legal issues, particularly those pertaining to the expropriation of foreign investments. The principal mode of analysis of these issues is through the study of relevant international arbitral awards. The unit is taught from a practical perspective and seeks to provide students with the skills necessary to evaluate any issues of foreign investment law they encounter in their legal practice.

Objectives

A candidate who successfully completes this unit should be able to:
(a) understand the international legal framework established by bilateral and multilateral treaties for the protection of foreign investment; (b) explain the differences between foreign investment arbitration and international commercial arbitration; (c) analyse and evaluate awards issued by foreign investment arbitral tribunals; (d) understand the international legal principles that apply to the expropriation of foreign investments; (e) identify the main procedural and substantive issues that affect activities of foreign investors; and (f) undertake post-graduate level research in the subject area.

Assessment

One research assignment (3,750 words): 50% One take-home examination (3,750 words): 50%

Contact hours

24 Hours

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): TBA

Offered

City (Melbourne) Trimester 1 2009 (Day)
City (Melbourne) Trimester 2 2009 (Day)

Synopsis

Contract law addresses the broad concepts, principles and rules used to determine the content of binding promises and as appropriate, their defeasibility or enforcement in a market economy.
Topics will include an introduction (covering historical elements, theories of contract and policy considerations, offer and acceptance, consideration, certainty, intention to create legal relations, formalities, estoppel, privity, introduction to vitiating Factors (duress and undue influence) and terms of the contract.

Objectives

On completion of this unit students will have:

1. acquired an understanding of certain fundamental concepts of the common law of contract, including formation of contracts and matters effecting formation and contractual terms;

2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations;

3. A coherent, critical and policy aware understanding of the principles of the law of contract

4. The ability to extract and evaluate principles from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law)

Assessment

One research assignment (2,500 words): 30%
One 2 hour (plus 30 minutes reading time) examination: 70%

Contact hours

24 Hours

Prerequisites

LAW7212
LAW7079

Co-requisites

None

Prohibitions

LAW7265

Leader(s): TBA

Offered

City (Melbourne) Trimester 2 2009 (Day)
City (Melbourne) Trimester 3 2009 (Day)

Synopsis

Contract law addresses the broad concepts, principles and rules used to determine the content of binding promises and as appropriate, their defeasibility or enforcement in a market economy. Topics will include termination, frustration, remedies (including damages, penalties, debt, restitution and equitable relief), vitiating factors (mistakes, misrepresentation, misleading and deceptive conduct,; vitiating factors (unconscientious transactions, third party impropriety, statutory unconsicionability) review of historical elements; theories of contract and policy considerations.

Objectives

On completion of this unit students will have:

1. acquired an understanding of certain fundamental concepts of the common law of contract, including, termination of contract and remedies for breach of contract;
2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations;
3. A well-developed ability to extract and evaluate principles from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law);
4. developed the ability to analyse disputes arising from a contractual relationship and to give appropriate advice to clients involved in such disputes;
5. further developed skills in case law analysis and statutory interpretation;
6. the ability to use these principles and rules to solve selected problems in examinations and other settings;
7. a well-developed understanding of the dynamic nature of the law of contract

Assessment

Either One research assignment (2,500 words): 30%
OR
One legal problem solving assignment (2,500 words): 30% (To be determined by the Chief Examiner), and
One 2 hour (plus 30 minutes reading time) examination: 70%
Changes taking effect from Trimester 2, 2009

Contact hours

24 Hours

Prerequisites

LAW7212
LAW7079
LAW7428

Co-requisites

Nil

Prohibitions

LAW7265

Leader(s): Dr Oren Bigos

Offered

Not offered in 2009

Synopsis

The unit introduces practising lawyers to legal aspects of debt finance for corporations. It is taught from a practical perspective and provides understanding and analysis of:

1. forms of credit
2. legal aspects of security
3. legal issues arising in specific structures of corporate finance
4. the law of set-off and netting to enable appreciation of complex financial structures: derivatives and securitisation
5. corporate insolvency

Objectives

A candidate who successfully completes this unit should be able to:

1. Have a broadly based understanding of key principles in credit and security law;
2. Develop the skills to identify the legal issues or considerations that typically arise in corporate financing transactions; and
3. Understand the underlying principles of corporate insolvency law, and how these impact on financing transactions.

Assessment

One research assignment (3,750 words): 50% One take-home examination (3,750 words): 50%

Contact hours

24 Hours

Prerequisites

nil

Co-requisites

nil

Prohibitions

nil

Leader(s): Professor Ian Freckelton SC

Offered

City (Melbourne) Term 4 2009 (Evening)

Synopsis

"Health Law and Human Rights" will address a range of human rights that arise in the context of contemporary health law, including:

• Examination of Article 12 of the International Covenant on Economic, Social and Cultural Rights and in particular General Comment No 14, "The Right to the Highest Attainable Standard of Health";
• Analysis of the role of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health;
• Scrutiny of the impact and potential impact upon health service provision of the Charter of Human Rights and Responsibilities Act 2005 (Vic);
• Scrutiny of the human rights role of modern public health law;
• Examination of the human rights repercussions of the distinctions for different purposes in law, medicine and ethics between life and death;
• Analysis of the role of the living and dead body in contemporary Australia, identifying important human rights decisions in relation to the status of body parts, blood, and trafficking in potentially valuable tissues, amongst other things relevant to post-mortem reproduction;
• Identification of contemporary controversies internationally about rights to have life support turned off and food and water withheld in the context of persistent vegetative states and other like conditions;
• Review of the law in relation to euthanasia, both active and passive, comparing Australia's Northern Territory initiative with the Medical Treatment (Physician Assisted Dying) Bill 2008 (Vic), as well as changes to physician-assisted suicide in The Netherlands, Belgium, Switzerland and Oregon;
• Review of the role of the coroner in contemporary Australia as an investigator of death, including the rights of next of kin to object to exhumations and autopsies and to assert an entitlement to the convening of inquests;
• Identification of major controversies arising from the Patel and Shipman scandals and questions the effectiveness of the coroner as a public health official;
• Review of the complex rights of patients and medical staff in relation to wrongful birth, wrongful life and wrongful death actions;
• Examination of litigants' health rights in relation to the provision of sound quality and adequately resourced treatment;
• Exploration of the contemporary role of the viatical industry in protecting or exploiting the rights of persons with terminal illnesses.

Objectives

• Understanding of international and local human rights framework for provision of contemporary health services in Australia;
• Awareness of human rights issues in relation to provision of treatment and entitlement to treatment;
• Awareness of law in relation to health privacy and critical incident review committee workings;
• Understanding of distinctions in relation to human rights issues between life and death;
• Understanding of the concept and repercussions of the body as property, in a variety of rights contexts including burial, cremation, organ donation and post-mortem reproduction;
• Sophisticated understanding of the relevance to the law of human rights in relation to the turning off of life support and physician-assisted suicide and euthanasia;
• Understanding of the law of no further resuscitation;
• Awareness of the role of the coroner as a decision-maker in relation to rights to autopsy, exhumation; inquests and decision-making about causes of death;
• Understanding of rights issues in coronial practices, findings, and recommendations;
• Acquaintance with the viatical industry;
• Understanding of rights issues in wrongful life, wrongful birth and wrongful death actions

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Prerequisites

Nil

Co-requisites

Nil

Leader(s): Dr Becky Batagol (T2-58); Mr Ross Hyams (T2-58); The Hon Justice Nahum Mushin (T2-58)

Offered

City (Melbourne) Trimester 2 2009 (On-campus split block of classes)

Synopsis

This subject will offer experienced family practitioners, policy makers and those generally interested in dispute resolution alike a grasp of the principles of the innovative field of non-adversarial justice and a comprehensive framework for analysing the appropriateness and integrity of existing non-adversarial practices in family law. It will assist students to position themselves at the forefront of law reform through sharpening their policy analysis skills and providing them with a structure for predicting the future development of practices in the family law field.

This subject will examine and critically assess the range of non-adversarial practices which are central to Australian and international family law systems. It approaches the study of family law by focusing on forms of conflict management, dispute prevention and dispute resolution employed in that field. In particular the subject will explore the more recent developments in family dispute resolution processes in Australia and overseas. These practices will be examined from the perspective of 'non-adversarial justice', a cutting edge framework developed to explore the common themes and links between disparate practices developed in reaction to the adversarial system in a variety of settings within the justice system.

Non-adversarial justice is a focus on non-court dispute resolution or on processes used by courts which adopt a problem-solving approach. Theories of non-adversarial justice emanate from multiple disciplines and include alternative/family dispute resolution (and its component processes such as mediation, evaluation, negotiation, conciliation and arbitration), participatory justice, therapeutic jurisprudence, preventative law, restorative justice, collaborative law, diversion, shadow of the law theory, problem-solving courts, managerial justice and multi-door courthouse theory. Non-adversarial techniques and processes have been employed in fields as diverse as native title land negotiations, criminal cases, disputes over telephone bills or banking, negotiations over work conditions, disputes over care of children after separation, decisions about where to locate hazardous materials sites and in truth and reconciliation commissions.

This unit starts by critically examining our adversarial legal system and how family lawyers operate (and are perceived to operate) within it. We then explore the nature of non-adversarial justice, the various theories behind the movement and the reasons for the perceived need for non-adversarial processes. A focus of student learning will be upon understanding when the use of such processes may be appropriate or inappropriate. The aim of teaching students this is to help them to understand the role that lawyers can play in preventing conflict and in providing non-adversarial means of conflict management or resolution as well as reflecting upon the ethics of legal practice in such circumstances. Role plays may be used to assist with gaining understanding in this area. The unit will conclude with a consideration of the role of family courts, family judges and governments in adopting non-adversarial processes.

As part of their assessment, students will be asked to reflect upon their own experiences and understanding of family law legal processes. They will be asked to evaluate the process from the perspective of participants, especially clients. Students will be expected to suggest changes to practice, policy or law that would improve the process. This research essay will also test students' research and analytical skills. Students will be encouraged to research an aspect of the syllabus in order to gain and deeper understanding of the interaction between the theory and practice of non adversarial justice.

Examples of specific dispute resolution services and practices that will be examined include;

• Family Relationship Centres
• Family Violence Courts
• The Family and Federal Magistrates' Courts including the Less Adversarial Trial Process, the Magellan List and the domestic violence strategy
• Family Dispute Resolution and allied non-adversarial community practices such as counselling, contact centres, parental educational services, mediation, conciliation and arbitration practitioners
• Legal aid conferencing (Roundtable Dispute Resolution in Victoria)
• Pre-action procedures;
• Collaborative law
• Independent Children's Lawyers and Family Reports
• Lawyers' negotiation practices
• Magistrates' Court Intervention Order Lists

Objectives

Upon completion of this unit, students should:

1. be able to critically analyse the nature of the existing family law system, how adversarial it is in nature, including its benefits and pitfalls;
2. understand the nature of non-adversarial justice, the theories behind the movement and the reasons for the perceived need for non-adversarial processes;
3. understand theories of interpersonal conflict, how disputes arise, conflict management and dispute prevention;
4. understand and be able to explain the theoretical underpinnings and the nature of a range of non adversarial processes in family law;
5. be able to critically analyse each of the family law non-adversarial processes taught for their various strengths and weaknesses and be able to identify which non-adversarial processes may or may not be appropriate in particular cases;
6. understand and evaluate the place of non adversarial processes within the family law system;
7. be able to appreciate the complexities of the relationship between law and non-adversarial processes;
8. be able to explain how family courts can apply principles of non-adversarial justice;
9. understand how family lawyers can and do work with non-adversarial processes and appreciate the role that lawyers can play in directing clients towards non-adversarial processes in appropriate cases;
10. understand and be able to critically comment on appropriate ethical standards of conduct for of family lawyers and other professionals working with non-adversarial processes in the family law context; and
11. develop skills in critical analysis of legal processes including making recommendations for change or law reform.

Assessment

Class Participation: 10%
Research Paper (6,750 words): 90%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Leader(s): Dr Richard Brown

Offered

City (Melbourne) Term 2 2009 (On-campus split block of classes)

Synopsis

This unit is introductory in nature and is intended to provide sufficient knowledge about patent law, and intellectual property in general, for those who are involved in or seek involvement in the commercialisation of research. The unit will consider the creation of patentable inventions in a university or other research intensive environment and will consider the special issues that arise in collaborative research. The unit is particularly directed to the researchers themselves, but is also valuable for those who want to understand more about the connection between research, patents and commercialisation. It is suited to both lawyers who have little or no understanding of patent law and to non-lawyers who have some background in science or technology.

Topics covered include a brief overview of the sources of Australian law for non-lawyers, an overview of the different forms of intellectual property, the history and rationale of the patent system, the concept of invention and the notion of inventorship, the requirements for patentability and the pitfalls for inventors, the differences between standard and innovation patents, patent application procedure, an understanding of the role of specifications and claims, the rights granted by a patent, ownership and dealings with patents, enforcement and exploitation of patents, and the international patent system.

Objectives

Students who successfully complete this unit should have:

1. Acquired basic knowledge of the sources of law in Australia and the interrelationship between case law and statute law;
2. Acquired basic knowledge of the subject matter that is eligible for protection under the common law and statutory regimes for trade marks, copyright, patents, designs, confidential information, circuit layouts and plant breeders' rights and the inter-relationship between these regimes.
3. An enhanced appreciation of the policies and objectives underlying the laws of patents.
4. Detailed knowledge of the subject matter that is eligible for protection under the laws of patents, the requirements for obtaining such protection and its scope, once obtained;
5. An understanding of entitlement to patents and concepts of ownership and inventorship; and.
6. Have a sound understanding of the operation and application of the rules governing the international protection of patents for inventions.

Assessment

One take-home problem-based assignment (6,750 words): 90%
Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

LAW7119 Patents for inventions

Leader(s): Ms Rowena Cantley-Smith

Offered

City (Melbourne) Trimester 2 2009 (On-campus split block of classes)

Synopsis

Climate change is one of the most significant and important global issues and requires international, regional and domestic responses. A central aspect of this
dilemma is the inter-relationship between rising levels of fossil fuel consumption and greenhouse gas emissions. Understanding the complexities of this issue
and developing appropriate responses is fundamental to achieving a sustainable future for all members of the international community. This necessitates consideration of the progress and operative effect of Climate Change Law at various levels: international, regional and domestic. Accordingly, the emergence of international climate change law and the impact of fundamental international agreements such as the UN Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol will be examined, together with a range of regional and domestic policy, legislative and regulatory developments in the European Union and Australia. In the Australian context, Federal and State based aspects of climate change policy, law and regulation will be scrutinised across a backdrop of various sectors including energy, transport, building, and planning and resource management. In addition to the constitutional implications of Climate Change Law in Australia, climate change litigation will also be considered.

Given that a central aspect of the global climate change dilemma is the inter-relationship between rising levels of fossil fuel consumption and greenhouse gas emissions, energy markets will be used as the primary case study in this unit. Recent legislative developments and environmental regulation of energy markets will be examined within the broader concepts of renewable energies, demand management, sustainable development and accountability. Key responses to climate change will be discussed from the supply/demand and voluntary/mandatory obligations perspectives. Various market and non-market mechanisms will be canvassed including renewable energy targets, emission trading systems, carbon taxes, feed-in tariffs and new technologies. While particular emphasis will be on the role of the Australian Energy Market and key market institutions such as the Australian Energy Regulator, a comparative analysis will be made of climate change policy, legislative and regulatory frameworks operating in energy markets of the United Kingdom and the European Union.

Objectives

Understand the nature of climate change and its economic and legal importance, both domestically, regionally and globally;

• Understand threshold questions and issues involved in international dimensions of climate change law, regulation and policy.
• Appreciate the political and legislative developments behind the emergence of International, Supranational and Australian climate change law, policy and regulation and the development of environmental markets;
• Identify key International, Supranational and Australian bodies/institutions operating in the context of climate change and understand their functions and responsibilities;
• Appreciate the impact of political and legislative climate change law developments on International, Supranational and Australian energy markets;
• Identify and discuss the impact of climate change law on various sectors of Australian economy, with particular emphasis on competition policy and constitutional competencies of State and Federal Governments; and the key legislation and regulatory regime of the Australian Energy Market;
• Identify and discuss the policy, legal and regulatory response to climate change, including environmental regulation of energy markets, renewable energies, greenhouse gas emissions sources, emissions trading systems, carbon taxes, feed-in tariffs, end-user participation and demand side management; and
• Understand broader climate change policy and legal issues such as diminishing supply of fossil fuels and security of supply.

Assessment

One research assignment (6,000 words): 80%
One class presentation: 20%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

None

Co-requisites

None

Prohibitions

None

Leader(s): Professor Marilyn Pittard

Offered

City (Melbourne) First semester 2009 (On-campus split block of classes)

Synopsis

This unit will examine the international concept and basis of collective bargaining including through international law, International Labor Organization conventions and their interpretation; the adoption of international standards and their concept in Australian labour law and the role of the courts, industrial tribunals and the legislature in developing the right to bargain and collective bargaining; the right to strike in the context of bargaining in collective agreements and its international basis; the limits of industrial action in collective bargaining; and when protected industrial action ballots (compulsory strike ballots) might be sought and ordered.

The unit will also study the role of bargaining agents; the duty to bargain and the concept of good faith bargaining; the legal status of collective agreements and parties to agreements; the 'no disadvantage test' and the protection of labour standards; and legal issues about the role, content, termination and enforcement of agreements. The role of unions and employers in bargaining will be examined.

Recent and proposed changes to Australian labour law in the Workplace Relations Act 1996 (Cth) relating to workplace agreements under the federal Labor government's Forward with Fairness' policy will be evaluated, together with the use of individual flexibility arrangements and common law contracts.

Objectives

On completion of the subject students should understand and be able to critically evaluate:

• the impact of laws which promote or restrict bargaining;
• the concepts of the right to bargain and collective bargaining and the role played by the legislature, the courts, industrial tribunals and international conventions in developing these concepts;
• the development of the concept of the right to strike and lockout and its international basis in the context of bargaining; and
• the role of unions and employers in bargaining and the legal status, content and enforcement of agreements.

Assessment

One research assignment (3,750 words): 50%
One take-home examination: (3,750 words): 50%
In appropriate cases determined by the lecturer where a student has experience in the practice of workplace bargaining and agreements law, assessment may be one research assignment (7,500 words) for 100% of the marks.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7083 Law of Employee Relations or its equivalent

Co-requisites

None

Prohibitions

None

Leader(s): Mr Leighton Morris

Offered

Clayton First semester 2009 (On-campus split block of classes)
Clayton Second semester 2009 (On-campus split block of classes)

Synopsis

This unit is designed to provide international students, primarily those from civil law countries, with a general understanding of the nature and operation of common law systems, such as those found in Australia, the United Kingdom and the United States. The study examines the origins and common attributes of common law systems, constitutional frameworks, sources and divisions of law, legal and related political institutions, the judiciary and the legal profession. Areas studied also include the nature and status of case law, the doctrine of precedent and the process of statutory interpretation.

Objectives

On completion of this unit students should have:

1. developed an understanding of the main legal and related political institutions in Australia and other major common law jurisdictions;
2. developed an understanding of the sources of law in common law jurisdictions and the interrelationship between case law and statute law;
3. become familiar with the structure and content of cases, including an understanding of the doctrine of precedent and the processes by which case law evolves ;
4. developed an understanding of the main principles of statutory interpretation, an ability to interpret law and an understanding of the role of judges in interpreting legislation;
5. acquired an overall awareness of how common law legal systems operate to enhance and sustain constitutional democracies.

Assessment

One research assignment (3,000 words):40% and take-home examination: 60%
OR
Take-home examination: 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

LAW7212 Australian legal system

Leader(s): Ms Evie Bruce / Dr Greg Golding

Offered

City (Melbourne) Trimester 2 2009 (On-campus block of classes)

Synopsis

This course is intended to provide a detailed overview of the law surrounding the Australian equity capital markets. The course will consider the background to the regulation of disclosure in this area, the policy underpinnings supporting that regulation, the content of the disclosure regimes that apply and the sanctions regimes that support enforcement of that regulation.

1. The history of regulation of corporate fundraising.

2. Theories of disclosure regulation
• The efficient market hypothesis
• Behavioural economics

3. The gateways to Chapter 6D and Part 7.9 of the Corporations Act 2001 (Cth).
• What is a security? What is a financial product?
• Primary and secondary issuance
• Anti-avoidance

4. Exceptions to the need for a disclosure document

5. The offering process
• Procedural requirements
• Advertising
• Share hawking

6. Content of disclosure documents
• Prospectus
• Short form prospectus
• Incorporation by reference
• PDS

7. Some common forms of equity offerings in Australia
• Rights issue
• RAPIDS's
• Placements

8. Liability for defective disclosure
• Stop order
• Criminal sanctions
• Civil liability

9. Due diligence defences

10. Concurrent liability issues
• Concurrent liability
• Indemnification
• Professional schemes

Objectives

A student who successfully completes this unit should have a good understanding of:
(a) the policy underpinning the regulation of Australian equity capital markets; (b) the content of the disclosure regimes that apply; and (c) the sanctions that support enforcement of that regulation.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW7263 Australian corporate law or equivalent

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Professor Frank Garcia

Offered

City (Melbourne) Term 2 2009 (On-campus block of classes)

Synopsis

This unit is designed to critically examine the phenomenon of globalization, and the related changes currently underway in contemporary international economic law. A particular focus of the unit is on the role of international economic law institutions, such as the WTO, IMF and World Bank, as they grapple with the many new issues which globalization has thrust onto their agendas. How is globalization changing the nature of international law, international society and global governance?

In this unit, we will undertake a multidisciplinary examination of the phenomenon of globalization and the associated transformation underway in contemporary international economic law. We will employ tools and perspectives from a variety of the disciplines which have been used to examine globalization, such as economics, political theory, moral philosophy and sociology.

We will use these tools to consider issues such as the changing nature of international and global society (and what, if any, is the difference between the two); pressure on traditional concepts of boundaries, citizenship and nationality; the problem of inequality in the global distribution of resources; challenges to sovereignty and emerging forms of global governance; and how existing and new international institutions can better manage this emerging global social policy agenda.

Students will prepare an initial short reflection paper ((1,675 words) on globalization, and research and write a substantial research paper (4875 words) concerning an issue of globalization and contemporary international economic law.

Objectives

1. An introduction to the phenomenon of globalization and the associated transformation underway in contemporary international economic law.

2. An introduction to several of the principal theoretical perspectives (i.e., moral philosophy, political theory, sociology, etc.) currently being applied in the study of these developments.

3. The application of these theoretical perspectives to selected issues in globalization studies and the operation of international economic law institutions.

4. An opportunity for students to research and write both a short reflection paper (1,675 words) and a substantial research paper (4875 words) concerning an issue of globalization and contemporary international economic law. The paper need not be on an issue specifically addressed in class, and indeed research into other globalization issues and institutions is encouraged.

Assessment

Class participation: 10%
Short essay (1500 words): 20%
Research assignment: (5250 words): 70%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Professor Sam Murumba

Offered

City (Melbourne) Trimester 2 2009 (On-campus block of classes)

Synopsis

This Unit will explore the multiple intersections and integration of Human Rights Law and Intellectual Property Law. The Human Rights/Intellectual property interface also involves, among other things, the intersection between international law and domestic (principally Australian) law. In particular, the unit will focus on the substantive, procedural, and institutional intersection between Human Rights and Intellectual Property both in international law contexts (such as Chapter 17 of the Australia-United States Free Trade Agreement, WIPO and the WTO), and in Australian domestic law.

Objectives

1. To introduce students of Human Rights Law and those of Intellectual Property Law to the basic contours and purposes of each other's field;
2. To give Human Rights and Intellectual Property students a firm grounding in the increasingly ubiquitous intersection between their respective fields of law: an intersection that is likely to become a common feature of legal practice, legislation, and policy in both fields;
3. To give students from other fields of law and non-law students insights into one of the most important aspects of the impact of property rights in creativity and information on fundamental human rights and human dignity.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Offered

Not offered in 2009

Synopsis

Course Description: A course for IP practitioners, IP commercialisers, enterprise managers and owners, CFO's and in-house legal officers designed to give a theoretical and practical exposure to intangible asset valuation techniques, standards and issues.

A genuine cross-discipline (law, business, accounting) course, with a strong legal base, that will establish, or deepen, the participants working understanding of intangible asset recognition, treatment, reporting and valuation.

Session 1 (Legal Underpinnings)

Outlines the legal foundation for intangible asset valuation (including approaches). Selected articles/ case studies will be used to illustrate this. The traditional focus of IP Law on registration/protection/enforcement rather the effective commercialisation of intangible assets will be explored.


Session 2 (Economic Underpinnings)

Outlines the economic concept of value and its relevance to intangible asset valuation and treatment. Selected articles/ case studies will be used to illustrate this.


Session 3 (Current Valuation Methods)

Current valuation methods (cost, market and income based approaches) will be examined. The problem of inadequacy that characterises the scope for enterprises to recognise their intangible asset value will be examined and discussed. Legal issues relating to the valuation will be identified and examined


Session 4 (Accounting Standards) 3 hours

The ongoing globalisation of accounting standards, and to what extent the developing framework (IFRS/ IASB's, for example) improves the scope for valuing intangible assets will be the focus of this session.

Specific examples of intangible asset-valuation impacting standards (such as FAS 141/142) will be examined.

Session 5 (Principles and Practice of intangible asset valuation/appraisal)
Supported by a spread-sheet based case study, the mechanics of appraisal/valuation will be studied. Prevailing professional valuation/appraisal practices, ethics and tools will be studied. DCF (Discount Cash Flow) and other modelling/analysis options will be considered.

Session 6 (Intangible Asset Valuation, Financial Statements and the Enterprise)

Intangible asset valuation, and the extent to which such value can and should (as per FAS 141 (Acquisition Value) and 142 (Testing for Impairment) be reflected in a financial statement, will be explored. Related strategies, threats, and opportunities, at the enterprise level, will be examined. The impact on the availability of professional support for enterprise owners seeking to estimate expected future benefits from intangible assets - caused by the clarification of the 'Big 4' audit function (SEC Guidelines) - will be considered.

Session 7 (Recent Trends) and The Law and Practice of Intangible Asset Valuation

Recent developments in Australia and overseas will be examined. Intangible asset valuation specific research projects, and trends, will be considered. The training, support and compliance requirements of enterprises, and professional service providers, will be examined through case studies and group discussion.

Session 8 (Case Law)

Relevant case law (from Australia and overseas) such as Daubert and Kumho will be examined. Participants will pre-read these authorities, and be able to discuss the significance of these to the law and practice of intangible asset valuation, thereby developing a deeper appreciation of the law in this area.

Objectives

Provide students with a practitioner-level exposure to intangible asset valuation law and practice.

Enable students, as legal or commercial practitioners, to advise clients on the nature and effect of prevailing valuation standards, and supporting legal, accounting and economic standards.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Nil

Co-requisites

Nil

Leader(s): Ms Joanna Betteridge / Mr Richard Naughton

Offered

City (Melbourne) Second semester 2009 (Evening)

Synopsis

This unit will focus on the law of managing workforce behaviour which relates to aspects of the individual employment relationship, under the contract of employment, legislative regimes, negotiated agreements and employment practice and policy. Questions of how far employers can control the behaviour of employees at the workplace and in their private lives and what legal controls, limits and freedoms are available to employers, employees and fellow employees will be addressed.

Topics include:

• Discipline at work in both private and public sectors (include public sector employment codes and legislation; and demotion etc as part of private sector discipline);
• Workplace bullying and sexual harassment and legal processes and procedures for dealing with same via legislation, policy, contract etc;
• Individual grievances at work and dispute resolution in the workplace;
• Employee disobedience to employer orders, remedies and dismissal;
• Absenteeism;
• Management of injured workers or those who are long term absentees;
• Performance management;
• Drug and alcohol testing;
• Criminal convictions - recruitment and performance management issues;
• recruitment - privacy, discrimination, medial and psychological testing.

Objectives

On completion of the units students will have:

• An understanding of the applicable law and practice relating to conduct and behaviour in the workplace;
• Comprehensive knowledge and understanding of the role and legal status of internal discipline procedures and processes within the workplace, both private and public sectors, for human resource management;
• Comprehensive knowledge of regulatory regimes which provide avenues for redress and setting boundaries for behaviour within the workplace.

Assessment

Take-home examination (3,000 words): 40%
Class participation: 10%
Research Assignment (3,750 words): 50%
In appropriate cases determined by the lecturer where a student has experience in the practice of workplace relations and employment law assessment may be one research assignment (6,750 words) for 90% of the marks plus class participation 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Mr Rhys Bollen

Offered

City (Melbourne) Trimester 2 2009 (On-campus split block of classes)

Synopsis

This subject provides an overview of the key relevant legal principles and practice of banking. It primarily addresses the regulation of banks and other deposit-taking institutions and their relationship with their customers. It covers law, policy and regulation of banking, lending and payments services. It will be taught on a comparative basis, looking at how these institutions are regulated in Australia and comparing this to the position in key banking centres overseas (in particular US, EU and UK positions)

Main topics are:

• What is banking?
• Theoretical basis for regulation and supervision of banking
• Constitutional basis for Australian regulation
• Prudential supervision of banks
• Licensing of banks
• Comparative banking regulation (focusing on the position in the US, UK and EU)
• Systemic issues and crisis management
• Practical and legal risks posed by payment systems,
• Comparative payment system regulation (Australia, US, UK and EU)
• Current policy issues with banking and payment systems
• Banker/customer relationship (including confidentiality)
• Law and policy issues with lending and security
• Regulation of credit and credit providers

Objectives

To give students a broad understanding of Australian banking law. Students will develop sufficient working understanding of the areas of law to which they are introduced to be able to advise in the resolution of problems, planning of strategies and provide an informed opinion and argument on the key current debates in this area.

Assessment

Class participation - oral and written presentation (1,500 words): 20%
One research assignment (6,000 words): 80%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil

Leader(s): Professor Jeff Waincymer (Semester Two); Dr Clyde Croft SC (Semester Two)

Offered

City (Melbourne) Trimester 3 2009 (On-campus split block of classes)

Synopsis

Arbitration is now a key formal means of resolving disputes in relation to domestic commercial agreements. It raises many significant issues and challenges. The first question is how private parties are able to agree to resolve disputes in this way and how such agreements are to be respected by court institutions. The unit aims at being an advanced postgraduate unit highlighting the most significant current issues in domestic arbitration scholarship and practice. It begins with a conceptual analysis of the nature of domestic arbitration, its sources of law and the ways in which it is integrated with the court system. Using students experience, case studies and literature, attention is then given to its advantages and disadvantages as compared to other methodologies, particularly domestic litigation.
Attention is then given to the way arbitrations are best conducted within the domestic legislative model. This involves an analysis of the key statutory provisions of the Commercial Arbitration Act, case law and the discretions available to parties and arbitrators. Consideration is given to appointment of the Tribunal, challenges to arbitrators, issues of evidence and procedural discretions. Attention is then given to the elements of the Award, court supervision and enforcement.
The bulk of the work involves looking at some of the key issues in particular types of commercial disputes. Attention is given to the core fields of contractual and construction disputes.

Objectives

The objectives of the unit are to;

1. introduce students to the most significant current issues in relation to arbitration of domestic commercial disputes
2. develop students' understanding of the advantages and disadvantages of arbitration compared to other dispute resolution methodologies, particularly domestic commercial litigation
3. invite students to evaluate the procedural model under the Commercial Arbitration Act
4. have students develop an understanding of the relationship between party autonomy and court supervision in relation to arbitration
5. enable students to identify and evaluate the emerging challenges thrown up by certain types of commercial disputes, particularly contractual and construction disputes.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words) OR participation in a graded moot simulation (including preparation of a written memorial): 50%

In appropriate cases determined by the lecturer, assessment may be one research assignment (7,500 words) for 100% of the marks.

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

Prerequisites

None

Co-requisites

None

Prohibitions

None

Leader(s): Professor David Cousins

Offered

City (Melbourne) Term 4 2009 (On-campus split block of classes)

Synopsis

This unit will consider economic concepts relevant to understanding the regulation of markets. Micro-economic theory will be used to highlight the impact of market failures, including market power, information imperfections, externalities and public goods. Practical tools for evaluating regulation, including the structure, conduct and performance framework and cost-benefit analysis will also be covered.

The course will examine structure and pricing regulation, the regulation of information provision and the use of market instruments in regulation affecting the environment. It will consider both economic and social regulation, including that relating to the fairness of market transactions. The economic basis for regulatory reform initiatives will also be considered.

Practical applications of the economic concepts presented will be considered through out the course with the use of specific industry and regulatory case examples.

Objectives

1. Understand the economic rationales for regulation and for the use of economic instruments of regulation.
2. Utilise tools of economic analysis to assess the effectiveness and efficiency of regulation.
3. Identify ways in which the performance of regulation can be improved.

Assessment

Class assignment (2,250 words): 30%
Take-home examination (4,500 words): 60%
Class participation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Prerequisites

None

Co-requisites

None

Prohibitions

None

Offered

Australia (Other) First semester 2009 (Day)
Australia (Other) Second semester 2009 (Off-campus Day)
Australia (Other) Summer semester A 2009 (Off-campus Day)
Overseas 1-60 2009 (Off-campus Day)
Overseas 2-60 2009 (Off-campus Day)

Offered

Australia (Other) First semester 2009 (Day)
Australia (Other) Second semester 2009 (Off-campus Day)
Australia (Other) Summer semester A 2009 (Off-campus Day)
Overseas 1-60 2009 (Off-campus Day)
Overseas 2-60 2009 (Off-campus Day)

Offered

Overseas First semester 2009 (Off-campus Day)
Overseas 1-60 2009 (Off-campus Day)
Overseas Second semester 2009 (Off-campus Day)
Overseas 2-60 2009 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchanges programs to ensure fees and credit are processed accurately.

Offered

Overseas First semester 2009 (Off-campus Day)
Overseas 1-60 2009 (Off-campus Day)
Overseas Second semester 2009 (Off-campus Day)
Overseas 2-60 2009 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an oubound exchange program to ensure fees and credit are processed accurately.

Offered

Overseas First semester 2009 (Off-campus Day)
Overseas Second semester 2009 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking oubound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are process accurately.

Offered

Overseas First semester 2009 (Off-campus Day)
Overseas Second semester 2009 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.