Leader(s): Moira Paterson (Semester One); Kathryne James (Semester Two).

Offered

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

Synopsis

The unit begins by examining the foundation and structure of the institutions and processes of the Australian legal system. This introduces the sources of authoritative law - statutes, delegated legislation and judicial precedents. A substantial portion of the study of the Australian legal system will examine how judges use precedents and interpret legislation. We will use a series of cases from a selected area of law to study how the content of common law changes within the constraints of the doctrine and practice of precedent. Students will assess the influence of social change in the development of the common law.

Objectives

At the conclusion of the course, students should be able to:

1. explain how the institutions of the Australian legal system shape the content and administration of the law;
2. extract and formulate legal propositions from judicial decisions, and assess their scope, legal validity and weight;
3. identify and articulate the legal issues raised by a given fact situation;
4. locate efficiently the current law on a legal issue using library resources;
5. interpret, analyse, synthesise and apply the law when located, to solve a legal problem; and
6. make a legal argument, or provide an opinion, and to do so clearly, accurately and concisely.

Assessment

Legal reasoning skills task (equivalent to 1600 words): 20%
Report on observation of courts, tribunals or community legal service (1600 words): 20% Examination (2 hours writing time plus 30 minutes reading and noting time): 60%

Contact hours

Three hours of lectures per week

Prohibitions

LAW7212, LAW1100

Leader(s): Semester Two: Melissa de Zwart

Offered

Not offered in 2009

Synopsis

This unit will broaden students' conceptions of the nature of the discipline of law by invesigating the relationship between law and other social institutions. In addressing the historical, social, economic and political influences on the development of the law.

Objectives

At the conclusion of the unit, students should be able to: explain some of the ways in which global factors influence the development of domestic law and institutions; demonstrate an awareness of the ethical and social dimensions of legal practice; discourse on theories about the nature of law and justice, and the relationship between law and other social institutions; analyse and evaluate aspects of the law from a variety of critical, theoretical and philosophical perspectives; research secondary sources of legal materials using the resources of the law library; and write clearly and accurately on a legal topic.

Assessment

Ethics and teamwork team report (3600 words, completed in groups of 5 or 6) 25%
Individual research paper (2000 words) 25%
Examination (2 hours writing time plus 30 minutes reading and noting time) 50%

Contact hours

Three hours of lectures per week

Prohibitions

LAW1100

Leader(s): Gideon Boas

Offered

Clayton Second semester 2009 (Day)

Synopsis

There are two components taught concurrently. The Writing component will teach basic skills in legal writing, with an emphasis on the types of writing required for assessment in other law units, including research essays and answers to legal problems. The Research component will provide students with the essential skills to undertake research tasks required for their law studies. Students will learn to analyse a research problem into searchable components; locate and update Australian and foreign primary and secondary materials by using online and hard copy library research tools; use and cite references correctly, and evaluate the relevance and authoritative status of legal materials.

Objectives

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

• design and implement an efficient research strategy to answer a legal research question, using the most appropriate online and paper-based research tools;
• critically evaluate the relevance, quality, authority and currency of the materials that they find;
• correctly use, attribute and cite the work of others and avoid plagiarism
• identify the hallmarks of good legal writing, and use them to edit and improve their own writing; and
• apply and develop their higher order thinking skills of evaluation, problem-solving, synthesis, and analysis in writing on legal topics.

Assessment

1. Answer to legal problem (1000 words) - 20 %
2. Research Report, including preliminary annotated bibliography and proposed essay structure (1600 words) - 20%
3. Research Essay, including final bibliography (approx 2,800 words) - 40%
4. Class attendance, preparation and completion of online research quiz for Research component - 10%
5. Class attendance, preparation and participation in class discussion and formal exercises for Writing component - 10%

Contact hours

Students will have three hours of small group seminar classes each week. Preparation for class will typically require about 3 hours a week. Private study, group work, further reading, written exercises and assessments will account for the balance of 12 hours of study time per week throughout the semester.

Prerequisites

LAW1101

Leader(s): Mark Davison

Offered

Clayton First semester 2009 (Day)

Synopsis

Contract law addresses the broad concepts, principles and rules used to determine the content binding promises and as appropriate, their defeasibility or enforcement in a market economy. It is taught in two units - Contract A and B.
Contract A covers formation, including capacity, formalities, privity and consideration and the content and construction of contract.
The unit is taught paying due attention to critiques of contract law as well as the policy factors influencing various forms of contracting.

Objectives

At the conclusion of the unit, students should have achieved the following learning outcomes:

1. a coherent, critical and policy-aware understanding of the principles and rules of the law of contract;
2. a well developed ability to extract and evaluate principles and rules from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law);
3. a well developed ability to use these principles and rules to solve selected problems in examinations and other settings;
4. a well developed understanding of the dynamic nature of the law of contract;
5. a reasonable level of understanding of trajectories for further evolution of contract law's principles and rules.

Assessment

Tutorial participation (10%); optional written assignment (800 words) (10%); examination (2 hours writing time plus 30 minutes reading and noting time): 80% or 90% for those who undertake optional written assignment.

Contact hours

Three hours of lectures per week and one hour tutorial per week from weeks 6-12

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW2100

Leader(s): Emmanuel Laryea

Offered

Clayton Second semester 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. Contract B builds on Contract A (which mainly covers formation, terms and construction of terms of contract). Contract B focuses on three main areas, namely

1. Ending of Contracts (by discharge, termination & frustration)
2. Remedies at common law, in equity and under statutes (including damages, specific performance, injunction, and rescission)
3. Vitiating Factors (such as misrepresentation, misleading and deceptive conduct, mistake, duress, undue influence unconscionability under the general law and under statutes, and unfair terms.

Objectives

At the conclusion of the unit, students should have achieved the following learning outcomes:

1. a coherent, critical and policy-aware understanding of the principles and rules of the law of contract regarding termination and frustration of contracts, remedies and vitiating factors;
2. a well developed ability to extract and evaluate the relevant principles and rules from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law);
3. a well developed ability to use these principles and rules to solve selected problems in examinations and other settings;
4. a well developed understanding of the dynamic nature of the law of contract;
5. a reasonable level of understanding of trajectories for further evolution of contract law's principles and rules.

Assessment

Tutorial preparation and participation: 10%; Optional written assignment (800 words) (10%); Examination (2 hours writing time plus 30 minutes reading and noting time): 80% for those who undertake optional written assignment: 90% for all others.

Contact hours

Three hours of lectures per week and one hour tutorial per week from weeks 6-12.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW2100

Leader(s): Karinne Ludlow

Offered

Clayton First semester 2009 (Day)

Synopsis

This unit is concerned with the main torts other than the tort of negligence. It commences with an introductory study of the role and objectives of tort law and how the law of torts is being supplemented by various alternate statutory compensation schemes. Thereafter, the study examines the basic protection offered to persons by the tort of trespass; torts pertaining to goods, detinue action on the case and conversion; torts pertaining to land, and concludes with a study of vicarious liability and the related area of non-delegable duties. The availability and nature of remedies is examined throughout, together with applicable legislation and alternative statutory compensation schemes.

Objectives

Students successfully completing this unit should have:

1. an understanding of the main principles of the law of torts, with the exception of the tort of negligence which is studied in Torts B;
2. upon analysing factual situations involving loss or damage to persons or property, the ability to provide well structured advice regarding torts and tortious remedies arising from those facts;
3. familiarity with the theories and critical debate about the role and nature of the law of torts; and
4. enhanced legal skills of critical analysis and thinking, oral communication and legal research.

Assessment

Compulsory tutorial participation: 10% AND optional class test (50 minutes) 20% plus final examination (2 hours writing time plus 30 minutes reading and noting time) for students who sat optional class test: 70% OR final examination (2 and a half hours writing time plus 30 minutes reading and noting time): 90%

Contact hours

Three hours of lectures per week and one hour tutorial per week from weeks 6-12

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW2200

Leader(s): Dale Smith

Offered

Clayton Second semester 2009 (Day)

Synopsis

This unit will be primarily concerned with the tort of negligence. Students will be introduced to the basic elements of the tort of negligence - namely, duty of care, breach of duty, causation, remoteness, defences and remedies. Students will then examine "particular duty situations". Among the particular duty situations considered will be: pure economic loss caused by negligent statements, pure economic loss caused by negligent acts, psychological damage, rescuers, omissions and defective products and structures. Students will also consider statutory compensation schemes that have been introduced to supplement the tort of negligence.

Objectives

Students who successfully complete this unit should:

1. be in a position to examine a factual situation which has caused a person loss or damage and to determine whether that person has a cause of action under the tort of negligence;
2. be in a position, having determined that a cause of action exists, to advise on the remedies (damages, injunctions, etc) which should be pursued by the person who has suffered the loss or damage;
3. be able to analyse and examine critically the current state of tort of negligence from different perspectives and to discuss how that tort can more securely protect the personal, proprietary and economic interests of persons in Australia;
4. be aware of alternative statutory compensation schemes which replace or supplement the tort of negligence; and
5. find that, in addition to their powers of critical analysis and thinking, their oral communication and research skills are also enhanced by participation in this course.

Assessment

Compulsory tutorial participation: 10% AND optional class test (50 minutes): 20% plus final examination (2 hours writing time plus 30 minutes reading and noting time) for students who sat optional class test: 70% OR final examination (2 and a half hours writing time plus 30 minutes reading and noting time): 90%

Contact hours

Three hours of lectures per week and one hour tutorial per week from weeks 6-12.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2201

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW2200

Leader(s): Adam McBeth (Semester One); Colin Campbell (Semester Two).

Offered

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

Synopsis

Topics include: the basic concepts and principles underpinning Administrative law; the structure of government administration; the obtaining of reasons for governmental decisions, and freedom of information; the privatisation of administrative services; sources of administrative discretions; the systems which have developed for the review of the actions of administrative agencies; and the scope of administrative law remedies. Students will examine the grounds of judicial review at common law and under statute. That examination will provide the basis for an analysis that will be conducted of the distinctions between the legality of decisions and their merits, and between errors of law and errors of fact. Consideration will also be given to concepts of statutory and administrative discretion, and justiciability. Students will be helped to develop the skills necessary to solve problems arising in administrative law.

Objectives

1. Know and understand the core values in administrative law and be able to evaluate the principles and processes that have developed in terms of those values;
2. Have acquired knowledge and understanding of the various avenues of challenging administrative decisions, and be able to evaluate the advantages and disadvantages of the alternative avenues of review;
3. Have developed knowledge and understanding of the basic grounds of judicial review and be able to assess the lawfulness of administrative action;
4. Have developed practical skills in recognising, researching and solving administrative law problems and issues;
5. Have acquired knowledge and practical skills in purposive statutory interpretation to define the scope of statutory powers;
6. Have further developed legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into current issues relating to administrative law.

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time): 60%
Research assignment (3000 words): 40% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3200 or LAW3201

Prohibitions

LAW3100

Offered

Clayton Full year 2009 (Day)

Synopsis

Topics include: basic constitutional principles including representative and responsible government, parliamentary sovereignty and separation of powers; the constitutions of the Australian States (emphasising Victoria), the Federal Constitution, Statute of Westminster and Australia Acts; Australian federalism including distribution of legislative and fiscal powers between Commonwealth and States, inconsistency of laws and intergovernmental immunities; techniques and principles of constitutional interpretation; principal Commonwealth legislative powers; limitations on governmental power; express and implied rights.

Objectives

Students who successfully complete this unit should

1. be able to present arguments for or against, and make an objective assessment of, the constitutionality of Commonwealth and Victorian legislation and Commonwealth executive government action by reference to the doctrines of constitutional law and the provisions of the Commonwealth and Victorian Constitutions studied in this course;
2. be able to advise the Victorian and Commonwealth governments on ways and means of achieving governmental objectives consistently with constitutional requirements and prohibitions;
3. be able to analyse and critically comment upon the current state of federal and Victorian constitutional law and practice and to discuss how current law and practice could be changed to better accommodate the national and regional interests of the Australian people;
4. be able to carefully analyse and critically evaluate judgments of the High Court of Australia on constitutional law from the perspectives of
   1. the interpretive techniques used and
   2. the underlying policy goals of the relevant constitutional doctrines or provisions and other relevant policy perspectives; and
5. experience an enhancement of their abilities for critical analysis, research skills and skills of written argument.

Assessment

Mid-year examination (3 hours writing time plus 30 minutes reading and noting time): 50%
Research paper (7000-9000 words): 50%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight in 1st semester. Individual research in 2nd semester.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW3201

Offered

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

Synopsis

Topics include: the Constitutions of Victoria and the Commonwealth of Australia, the Statute of Westminster and the Australia Acts; basic constitutional principles such as representative and responsible government, parliamentary sovereignty, and separation of powers; techniques and principles of constitutional interpretation; Australian federalism and inter-governmental relations, including the distribution of legislative and fiscal powers between the Commonwealth and the States, inconsistency of laws, and intergovernmental immunities; principal Commonwealth legislative powers; limitations on governmental power including selected express and limited constitutional rights and freedoms.

Objectives

Students who successfully complete this unit will be able to 1) present arguments for or against, and objectively assess, the constitutional validity of Commonwealth and Victorian legislation and executive government action; 2) analyse and critically evaluate the current state of federal and Victorian constitutional law and practice, and discuss the desirability of reform and 3) analyse and critically evaluate judgments of the High Court and other Australian courts in constitutional cases, from the perspectives of a) the interpretive techniques used and b) the principles or policies underlying the relevant constitutional doctrines or provisions.

Assessment

Tutorial participation (10%), Research assignment (2400 words): 30%
Examination (2 hours writing time plus 30 minutes reading and noting time) 60% OR Tutorial Participation (10%), Examination (3 hours writing time plus 30 minutes reading and noting time): 90%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW3200

Leader(s): Bronwyn Naylor

Offered

Clayton First semester 2009 (Day)

Synopsis

This unit provides an introduction to the general doctrines and purposes of the criminal law, to the law relating to certain crimes and to the workings of the system of criminal justice in the courts. Certain aspects of criminal procedure will be examined to enable an understanding of the legal and administrative framework within which prosecutions are conducted. Some of the doctrines applicable to all crimes and the requisite mental elements of a crime are examined. Students will be encouraged to consider how the criminal law and its procedures for determining guilt have evolved historically and may be viewed from the vantage point of different perspectives.

Objectives

1. In relation to the substantive law, by the end of semester students should be equipped with an understanding of the elements of the major substantive offence categories of homicide and non-fatal non-sexual offences against the person;
2. In relation to criminal procedure, by the end of semester students should be equipped with a basic understanding of the structure of the criminal justice system in Victoria and the role and discretion of the police, prosecutors, defence counsel, magistrates, judges and juries in relation to the processes of the criminal law;
3. In relation to theories of criminal law, by the end of semester should be equipped with
   1. an appreciation of the historical, political and social context of the criminal law;
   2. an ability to critically examine both the general principles of criminal liability and the use of the criminal law as a method of social control; and
   3. an informed perspective about the many legal, social, political and moral issues raised in the criminal law area; and
4. in relation to the acquisition of skills by the end of semester students should be equipped with analytical and interpretative skills necessary for giving advice in relation to criminal law problems.

Assessment

Class test:30%
Tutorial participation 10%
Examination (2 hours writing time plus 30 minutes reading and noting time) 60%

Contact hours

Three hours of lectures per week and one hour tutorial per week from weeks 6-11.

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW3300

Leader(s): Bronwyn Naylor

Offered

Clayton Second semester 2009 (Day)

Synopsis

This unit builds upon Criminal law and procedure A and comprises study of the general doctrines of the criminal law, the law relating to certain crimes, and the workings of the system of criminal justice in the courts. The following crimes are studied in depth: sexual offences, drug offences, offences of strict liability, attempts to commit crimes, liability of accessories and offences against property. Doctrines applicable to all crimes and the requisite mental elements of a crime are examined. Students will be encouraged to consider how the criminal law and its procedure for determining guilt have evolved historically and may be viewed from the vantage point of different perspectives.

Objectives

1. In relation to substantive law, by the end of the semester students should be equipped with an understanding of the elements of the major substantive offence categories of sexual offences, drug offences, attempts, accessorial liability, strict liability and offences against property;
2. In relation to theories of criminal law, by the end of semester students should be able to write an essay informed by
   1. an appreciation of the historical, political and social context of the criminal law;
   2. an understanding of both the general principles of criminal liability and the use of criminal law as a method of social control; and
   3. an appreciation of some of the many legal, social, political and moral issues raised in the criminal law area;
3. In relation to the acquisition of skills, by the end of semester students should be equipped with enhanced analytical and interpretative skills necessary for giving advice in relation to criminal law problems.

Assessment

Tutorial participation (10%) AND either examination (3 hours writing time plus 30 minutes reading and noting time): 90% OR Examination (2 hours writing time plus 30 minutes reading and noting time): 60%
Research assignment (2400 words): 30%

Contact hours

Three lectures per week and one tutorial per week from weeks 6-12.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3301

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW3300

Leader(s): Jenny Schultz

Offered

Clayton First semester 2009 (Day)

Synopsis

Private property is a central institution in most Western political, social and legal systems. The Property A unit aims to introduce students to this area of legal knowledge and to the historical, social, economic and political factors which have influenced its development. In addition, the Property A unit enables students to gain an understanding of the relationship between the rules of property law and other rules used to resolve conflicts between legal persons.

Objectives

Students who successfully complete the unit should have:

1. acquired an understanding of what is meant by the notion of property, and how the relationship between a legal person and a 'thing' which is the object of a proprietary interest differs from other legal relationships;
2. analysed the incidents of the major categories of proprietary interests that exist in real and personal property;
3. examined and applied some of the rules governing the creation of proprietary interests at law and in equity;
4. reflected on the role and continuing relevance of historical, social and political factors in shaping modern property law;
5. refined their analytical and problem-solving skills by applying property law principles to resolve factual problems; and
6. strengthened their skills of case analysis, statutory interpretation, oral communication, teamwork, legal research and legal writing and self-directed learning.

Assessment

Research Assignment (2000 words) 25%
Examination (120 minutes and reading and noting time of 30 minutes) 75% OR Examination (150 minutes and reading and noting time of 30 minutes) 100%.

Contact hours

Three hours of lectures per week plus one hour tutorial per fortnight

Prerequisites

LAW1100 OR LAW1101and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Prohibitions

LAW3400

Leader(s): Jenny Schultz

Offered

Clayton Second semester 2009 (Day)

Synopsis

Private property is a central institution in most Western political, social and legal systems. Property B aims to introduce students to this area of legal knowledge and to the historical, social, economic and political factors which have influenced its development. Property B aims to discuss the legal principles and policies relevant to the determination of disputes between persons claiming competing interests in property. In particular the unit aims to familiarize students with broad concepts and specific rules relating to statutory schemes of registration; concurrent ownership, security interests and competing interests in property.

Objectives

On completion of the unit, students should have:

1. extended their understanding of the different ways that the principal categories of property interests can be created at law and in equity, and the scope of their enforceability;
2. examined and applied the rules governing the resolution of conflicting claims between holders of competing proprietary interests;
3. considered the ways in which the Torrens system of title registration affects the creation and enforcement of interests in registered land;
4. reflected on the role of historical, social and political factors in shaping modern property law;
5. refine and tested analytical and conceptual skills required of lawyers by resolving factual problems in the area of property law; and
6. strengthened their skills of case analysis, statutory interpretation, oral communication, teamwork, legal research, legal writing and self-directed learning.

Assessment

Research asssignment (2000 words): 25%
Examination (2 hours writing time plus 30 minutes reading and noting time): 75% OR Examination (2.5 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week plus one hour tutorial fortnightly

Prerequisites

LAW1100or Law1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102 ; LAW3401

Prohibitions

LAW3400

Offered

Not offered in 2009

Synopsis

The unit focuses on the institutions and processes that surround the implementation and enforcement of criminal law. Students will examine the idea of a criminal justice 'system'; objectives and models of criminal justice; and crime statistics and public perceptions of crime. Other topics will be drawn from the following areas: police powers and exercise of discretion; the exercise of prosecutorial discretion; theories of punishment; juvenile justice; imprisonment and prisoners rights; sentencing; and the role of victims in the criminal justice system.

Objectives

On completion of this unit students will have acquired or developed

1. an understanding of the objectives and theories of criminal justice;
2. a knowledge of current legal, political and social perspectives on criminal justice issues;
3. the ability to independently research and critically analyse problems in the enforcement of the criminal law;
4. the ability to think critically about the principles and institutions which relate to punishment; and
5. the capacity to empathise with those practitioners and parties involved in law enforcement and criminal justice processes.

Assessment

Research essay (3000 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3300 or LAW3301 and LAW3302

Offered

Not offered in 2009

Synopsis

The main legal principles governing the carriage of passengers and goods by air (and to an extent by land) within Australia. Liability of air carriers for the death and personal injury of passengers under Part IV of the Civil Aviation (Carriers' Liability) Act 1959, liability of carriers and freight forwarders in the carriage of cargo by air, liability of government aviation authorities, aviation products liability and environmental law relating to aircraft noise. Aerial hijacking and other unlawful interference with aircraft and aviation facilities.

Objectives

On completion of this unit, students should have:

1. an appreciation of how federal law regulates the Australian aviation industry;
2. a knowledge and understanding of the law of carriage as it relates principally to domestic air transport;
3. an appreciation of how public and private law interacts to regulate a particular kind of commercial activity;
4. an awareness of deficiencies in laws and regulatory structures and the ability to discuss plausible solutions;
5. an ability to provide reasoned legal appraisals of carriage by air claims; and
6. improved skills in written and oral legal communication and research.

Assessment

Research assignment (3500 words): 35%
Take-home examination: 65% OR Take home examination: 100%

Contact hours

Two hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

LAW2200 or LAW2201 and LAW2202

Leader(s): Semester Two: Paul Brenner

Offered

Not offered in 2009

Synopsis

Deregulation of the financial system and statute law relating to banks and other financial institutions. The payments system, electronic banking and the law governing negotiable instruments and cheques. Legal definitions of 'banker' and 'customer', the relationship between the parties and their super-added obligations and reciprocal duties. Bank's duty of secrecy, right to combine accounts, the lien, bank opinions, garnishee orders and Mareva injunctions and how the banker-customer relationship is terminated. Bank lending and securities. Branch banking and law governing bank staff.

Objectives

Students completing this subject will

1. acquire an understanding of the Australian financial and banking system;
2. be familiar with the general principles of law governing the Australian payments system and negotiable instruments with particular emphasis on cheques;
3. appreciate the legal relationship that exists between customers and their banks and the duties owed to each other;
4. attain a sound grasp of the day to day issues that can arise between banks and customers such as wrongful conversion of cheques, confidentiality, combinations of accounts and appropriation of payments and recovery of money paid mistakenly;
5. be familiar with the banking ombudsman system and mediation of banker-customer disputes;
6. learn to solve problems arising out of the application of statute and case-law to specific banker-customer transactions;
7. identify emerging trends of bankers' liability especially the impact of consumer protection legislation to banking business.

Assessment

Research assignment (3000 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Offered

Not offered in 2009

Synopsis

Topics covered include: the guarantees of fundamental liberties; the role of the Conference of Rulers; relations between the federation and the states; the judiciary; special and emergency powers; processes of constitutional amendments; the separation of powers doctrine; the methods, techniques and attitudes of the Malaysian judiciary in constitutional interpretation.

Objectives

On completion of this unit students should

1. have acquired an understanding of the functioning of the Malaysian constitutional system;
2. have acquired an appreciation of contemporary issues relating to the constitutional and political systems of Malaysia; and
3. be able to see the dynamics of constitutional change in the context of a developing society, with a diversity of races, religions and cultures.

Assessment

Research assignment (5000 words): 50%
Examination (2 hours): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Jeannie Paterson

Offered

Clayton First semester 2009 (Day)

Synopsis

The nature of credit, and the scope of the legislation. Truth in lending. Advertising. Formal requirements governing the contracting process. Variations. Product liability (with particular reference to linked credit providers). Securities. Guarantees. Unjust contracts. Termination and enforcement of contracts. Licensing and administration. The reform process and proposals for further reform.

Objectives

Students completing this unit 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

Optional research essay (2400 words): 30%
Final examination (2 hours plus 30 minutes reading and noting time): 70% OR Final examination (2.5 hours plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104 ; LAW2100 or LAW2101 and LAW2102 ; LAW3400 or LAW3401 and LAW3402

Leader(s): Dr Bronwyn Naylor

Offered

Not offered in 2009

Synopsis

Introduction to feminist legal theory, and feminist and other theories of criminality. Violence and gender, including censures of violent behaviours, the public/private dichotomy, the operation of criminal defences such as provocation and self-defence, and the use of "syndrome" evidence. Criminal laws regulating sexuality such as rape, prostitution and abortion laws. Gender issues in sentencing and imprisonment.

Objectives

On completion of this unit students should have

1. broadened their knowledge of criminal law and procedure and the operation of the criminal justice system;
2. acquired an understanding of feminist legal theory and criminology relevant to the study of gender, crime and criminality;
3. gained an awareness of the role of gender in the formulation and operation of criminal laws and the criminal justice system; and
4. developed skills in research and writing and in the oral presentation of ideas. On completion of this subject students should be able to critically analyse developments in criminal law and the criminal justice system in the light of the theoretical perspectives gained in the course and conduct and write about an independent research project.

Assessment

Research assignment (4000 words): 50%
Class presentation: 20%
Examination: 30%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302

Leader(s): HP Lee

Offered

Not offered in 2009

Synopsis

The course focuses on selected contemporary problems in Australian constitutional law, with a comparative dimension where appropriate. Topics include in-depth analysis of the current status of the implied freedom of political communication and its outer limits; separation of judicial power doctrine as a new springboard for implied rights, with emphasis on the principle in Kable; the 'proportionality' doctrine in constitutional adjudication; the defence power and the 'stream cannot rise above the source' doctrine in the 'war on terror' context; a comparative study of constitutionalised emergency powers; the High Court appointments and removal of justices, its role, methods and techniques.

Objectives

On completion of this unit students should

1. have extended their basic understanding of Australian constitutional principles;
2. have acquired an appreciation of contemporary issues relating to the constitutional system;
3. be able to evaluate critically the role and functioning of the High Court in contemporary Australian society; and
4. have developed a greater appreciation of the complex task of constitutional interpretation, with particular emphasis on fundamental doctrines.

Assessment

Research assignment (4000 words): 50%
Examination (2 hours
30 minutes reading time): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3200/LAW3201

Leader(s): Dale Smith

Offered

Clayton Second semester 2009 (Day)

Synopsis

Topics will be drawn from both the general part of the criminal law, for example: automatism, insanity, intoxication, duress and entrapment; specific offences, for example, obscenity, contempt, homicide and sexual offences, and issues such as the role of the jury, sentencing and the function of the psychiatrist in the criminal process. Students will be called upon to undertake independent research.

Objectives

1. To provide advanced study in criminal law and procedure by reference to contemporary issues and problems not dealt with or insufficiently covered in LAW3300 and
2. to develop skills in legal research and the presentation of legal material.

Assessment

Compulsory research assignment (3200 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60%

Contact hours

Three hours of lectures per week.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302

Leader(s): Yet Bryant

Offered

Clayton Second semester 2009 (Day)

Synopsis

Controls designed to control pollution of air, water, and land, noise pollution, and conservation of the national estate. Enforcement of such controls. Relevance of environmental considerations over a wide range of decision making processes. Environmental impact assessment. An introduction to planning law. Coordination of environmental controls between Commonwealth and States including relevant provisions of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Environmental litigation, including issues of justiciability, and the standing of private citizens and environmental groups.

Objectives

On conclusion of this subject students should

1. have been exposed to the principal common law and legislative control mechanisms designed to protect and conserve the environment;
2. have a comprehensive knowledge of the sanctions and enforcement methods available;
3. be equipped to advise individuals, corporations, and community groups as to their rights and obligations under environmental legislation;
4. have an understanding of the relevance of environmental concerns over a wide range of 'governmental' decision-making processes; and
5. have an appreciation of the new national approaches to the coordination and harmonisation of Federal-State functions in relation to the environment.

Assessment

Research paper (4000 words): 50%
Take-home examination: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Offered

Clayton First semester 2009 (Day)
Clayton Summer semester A 2009 (Day)

Synopsis

Topics include: federal system of regulating workplace relations; the Workplace Relations Act 1996 (Cth), industrial disputes and their resolution, setting of terms and conditions of employment, the role of bargaining and industrial action v arbitration, the role and content of workplace agreements and how they are made and approved, impact of the Work Choices legislative amendments; the powers of institutions relevant to federal workplace relations; legal issues including the role of the Constitution, the nature of 'deregulation' of IR, the safety net, alternative dispute resolution, rights of unionists and non-unionists, problems of home-workers, and the role of international conventions.

Objectives

On completion of this unit students should

1. understand the legal framework for workplace relations in contemporary Australia;
2. understand the role which the legislature, the courts, tribunals and international bodies have have played in developing the legal framework for Australian industrial relations; and
3. be able to critically evaluate the legal operation of the federal system of dispute settlement and of determining conditions of employment by collective or individual agreements.

Assessment

Class test (1 hour plus reading time) or written research assignment subject to lecturer approval (2000 words): 25%
Examination (2 hours writing time plus 10 minutes reading time): 75%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3200 OR LAW3201

Leader(s): Marilyn Pittard

Offered

Not offered in 2009

Synopsis

Topics include: federal system of regulating workplace relations; the Workplace Relations Act 1996 (Cth), industrial disputes and their resolution, setting of terms and conditions of employment, the role of bargaining and industrial action v arbitration, the role and content of workplace agreements and how they are made and approved, impact of the Work Choices legislative amendments; the powers of institutions relevant to federal workplace relations; legal issues including the role of the Constitution, the nature of 'deregulation' of IR, the safety net, alternative dispute resolution, rights of unionists and non-unionists, problems of home-workers, and the role of international conventions.

Objectives

On completion of this unit students should

1. understand the legal framework for workplace relations in contemporary Australia;
2. understand the role which the legislature, the courts, tribunals and international bodies have have played in developing the legal framework for Australian industrial relations; and
3. be able to critically evaluate the legal operation of the federal system of dispute settlement and of determining conditions of employment by collective or individual agreements.

Assessment

Class test (1 hour plus reading time) or written research assignment subject to lecturer approval (200 words) 25% plus examination (2 hours writing time plus 10 minutes reading time) 75%

Prerequisites

LAW1100 OR LAW1101 AND LAW1102 OR LAW 1104

Leader(s): Pam O'Connor

Offered

Not offered in 2009

Synopsis

The unit focuses on the rights and liabilities of parties to an insurance contract as governed by the common law and statute, with particular reference to the Insurance Contracts Act 1984 (Cth). Topics covered include risk, insurable interest, the duty of utmost good faith, non-disclosure and misrepresentation, conditions, warranties and premium, the role of agents and brokers in the formation of contracts of insurance, construction of policies and standard cover, adjustment of rights including claims, causation, proof and fraud, the indemnity principle and measure of loss, remedies and dispute resolution, subrogation, double insurance and contribution, cancellation of cover. While reference is made to different types of insurance (eg. Life, marine, liability, fire etc) the special rules applying to each type are not covered in detail.

Objectives

Students completing the unit should be able to:

1. appreciate the role of insurance in managing the risks of business activity;
2. determine the legal rights and liabilities of the parties to a contract of insurance and advise on issues such as whether a policy covers the event which has occurred and whether the insurer has grounds for refusing the claim in whole or in part; and
3. evaluate the need for further reform of the legal rules governing insurance contracts.

Assessment

Assignment (3000 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

LAW2200 or LAW2201 and LAW2202

Prohibitions

This unit may not be taken by a student who has completed or enrolled in Insurance Law BTX5031 OR Insurance Law BTX4031

Leader(s): Eric Wilson (Semester One); Gideon Boas (Semester Two)

Offered

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

Synopsis

Topics include: theory of international law; the place of States in international law, including their rights, obligations, status and jurisdiction; the sources of international law and how they are interpreted and applied; the implementation of international law by states, in particular Australia's approach; the nature of international disputes and their resolution; the law related to the use of force by States and self-defence; the role of international institutions; the role of individuals in international law; and specific areas of public international law, including the law of the sea and environmental law.

Objectives

On completion of this subject students should understand and be able to critically examine:

• the fundamental principles of international law;
• the theoretical framework of international law and its relationship with domestic law;

• how international law is made and the complexity involved in interpreting and applying its sources;
• how Australia interprets and applies international law in relation to its own legal framework;
• the use of force and self-defence in international law;
• international dispute resolution;
• some of the different areas of international law;
• the political context and nature of international law.

Assessment

Examination (2.5 hours): 100% OR Examination (2 hours): 70%
Optional Assignment (2400 words): 30%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Eric Wilson

Offered

Clayton First semester 2009 (Day)

Synopsis

Topics include: an overview of international organisations and the role they play in the development of international law; the sources of international institutional law; the United Nations, 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 IMF and the World (IBRD); regional organisations particularly APEC; the effectiveness of international organisations including enforcement issues and prospects for reform.

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

Individual research assignment (4000 words): 50%
Take-home examination (two weeks - 4000 words): 50%

Contact hours

Taught intensively over 2.5 weeks of lectures for 3 hours a day.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Offered

Prato First semester 2009 (Day)

Synopsis

This unit will examine competition law polices and their operation. The principles relevant to the background and development of contemporary competition law and the role of competition authorities will be explored. The law in practice will be studied through specific globally-relevant examples. The law in practice will be studied through specific examples from Italy and the EU, with emphasis on differences. Students will be offered a site visit to a specialist law firm in Italy. Part 2 will focus on Australian competition law.

Assessment

Seminar participation 25% and either two-hour examination 75% OR research paper, 3,500 words 75%.

Leader(s): Stephen Gray

Offered

Not offered in 2009

Synopsis

This unit examines the origin, nature and operation of Asian legal systems. A general overview of these systems, including sources of law and legal institutions, is followed by a closer examination of the legal system of at least one Asian country.
Legal pluralism will provide the conceptual framework for the course. In depth coverage of one Asian country will concentrate on significant legal topics, such as constitutional and administrative law, criminal law, commercial law, trade and investment law, legal institutions and the local legal profession.

Objectives

On completion of this unit, students should have:

1. extended their general understanding of the main Asian legal systems;
2. acquired an appreciation of the historical and cultural contexts that have shaped such systems;
3. an ability to compare aspects of Asian law and legal institutions with Australian counterparts;
4. gained a greater understanding of how Australian lawyers might adapt when dealing with Asian legal institutions and legal professionals; and
5. improved legal research and writing skills.

Assessment

Examination 1.5 hours 50%; research paper (3200 words) 40%; class participation 10% OR examination 3 hours 90% and class participation 10%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2100 or LAW2101 and LAW2102; LAW3300 or LAW3301 and LAW3302

Leader(s): Judd Epstein

Offered

Sunway Trimester 2 2009 (Day)

Synopsis

This unit examines the origin, nature and operation of Asian legal systems. A general overview of these systems, including sources of law and legal institutions, is followed by a closer examination of the legal system of at least one Asian country.
Legal pluralism will provide the conceptual framework for the course. In depth coverage of one Asian country will concentrate on significant legal topics, such as constitutional and administrative law, criminal law, commercial law, trade and investment law, legal institutions and the local legal profession.

Objectives

On completion of this unit, students should have:

1. extended their general understanding of the main Asian legal systems;
2. acquired an appreciation of the historical and cultural contexts that have shaped such systems;
3. an ability to compare aspects of Asian law and legal institutions with Australian counterparts;
4. gained a greater understanding of how Australian lawyers might adapt when dealing with Asian legal institutions and legal professionals; and
5. improved legal research and writing skills.

Assessment

Examination 1.5 hours (plus 30 minutes reading and noting time) 50%; research paper (4000 words) 50% OR examination 3 hours (plus 30 minutes reading and noting time) 90%

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102; LAW3300 or LAW3301 and LAW3302

Leader(s): Karen Wheelwright

Offered

Not offered in 2009

Synopsis

This unit will examine freedom of association of employees, the concept and its international basis; relationship of the individual member to the union; legal status of trade unions and their obligations under the Workplace Relations Act 1996 (Cth); the right to strike in the context of bargaining in collective agreements; 'protected' industrial action; secret strike ballots; the operation of the common law and the Trade Practices Act 1974 (Cth) to control industrial action; the legal role of unions under the Workplace Relations Act 1996 (Cth; protection to employees from discrimination in belonging, or not, to unions or bring involved in industrial activity.

Objectives

On completion of the subject students should understand

1. the impact of laws (either through enhancement or restriction) which affect the right of workers to join together in trade unions and the legal status of unions;
2. the concept of freedom of association and the role played by the legislature and the courts in developing this concept;
3. the development of the concept of the right to strike in Australian labour relations; and
4. collective labour rights.

Assessment

Examination (2 hours writing time plus 30 minutes reading not noting time) 60%; research assignment (3200 words) 40% OR examination (3 hours writing time plus 30 minutes reading and noting time) 100%.

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2101 and LAW2102; LAW2201 and LAW2202

Leader(s): Marilyn Pittard

Offered

Not offered in 2009

Synopsis

This unit will examine freedom of association of employees, the concept and its international basis, including through International Labor Organization conventions; relationship of the individual member to the union; legal status of trade unions and their obligations under legislative regimes; the right to strike in the context of bargaining in collective agreements and its international basis; when industrial action is lawful; and secret strike ballots. The operation of the common law and legislative controls on industrial action; the legal role of unions, including trade union's right of representation of employees in negotiating agreements and the issue of the non-unionist; protection to employees from discrimination in belonging, or not, to unions or bring involved in industrial activity. Case studies will be taken from jurisdictions including Australia, the European Union, the United Kingdom and North America.

Objectives

On completion of the subject students should understand

1. the impact of laws (either through enhancement or restriction) which affect the right of workers to join together in trade unions and the legal status of unions;
2. the concept of freedom of association and the role played by the legislature, the courts and international conventions in developing this concept;
3. the development of the concept of the right to strike and its international basis; and
4. collective labour rights.

Assessment

Examination (1.5 hours writing time plus 30 minutes reading not noting time) 50%; class presentation and notes 15%; and research assignment (2800 words) 35%.

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2101 and LAW2102; LAW2201 and LAW2202

Leader(s): Colin Campbell

Offered

Clayton First semester 2009 (Day)

Synopsis

Topics include: concepts of equality and discrimination; the Australian social context; the law developed around State and Federal anti-discrimination legislation primarily in sex discrimination; grounds of discrimination including sex, race, disability and sexuality discrimination, and (if time) discrimination based on political or religious belief or activity; areas of activity covered or exempted from the legislation; constitutional complications of the legislation; problems of proof; procedural issues and the remedies available to victims of discrimination; concludes by evaluating effectiveness of the legislation and alternative measures like affirmative action.

Objectives

On completion of the subject a student should have

1. acquired knowledge of the problem of unjustifiable discrimination and its Australian social context, and of anti-discrimination laws and their application and interpretation;
2. developed their research and writing skills through preparing a research paper;
3. developed an understanding of the philosophical and legal concepts of equality and discrimination and the problems of the development of this area in the common law context; and
4. developed the ability to think critically about concepts of equality, discrimination, special treatment, and the capacity and limits of law as a mechanism of social change.

Assessment

Examination (2.5 hours writing time
30 minutes reading and noting time): 100% OR Research Paper (2,000 words): 25%
Examination (2 hours writing time
30 minutes reading and noting time): 75%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Semester Two: Patrick Emerton

Offered

Clayton Second semester 2009 (Day)

Synopsis

The unit examanes: the notion of 'social theory' and its relevance to an understanding of the law; history, industrial society and 'modernity'; law, and the rule of law, as a social phenomenon; law and social solidarity (Durkheim); law as a system of social rules (Hart, Dworkin, Critical Legal Studies); Marxist analysis of law; criticisms of the Marxist analysis (Thompson, Williams, Krygier, Cohen, Rawls); post-Marxist critical approaches to law (Habermas, Foucault); law and modernity (Weber).

Objectives

Students will acquire or develop

1. an awareness of the significance of social theory to the understanding of law as a social phenomenon;
2. a familiarity with a number of classical and contemporary social theoretical approaches with implications for the study of legal topics;
3. an awareness of the nature of social theoretic scholarship, and of the theoretical and methodological underpinnings that distinguish research and scholarship in the social sciences and humanities from research in law;
4. the ability to read and to critically engage with primary texts in the social theoretic tradition; and
5. the capacity to undertake independent research on a socio-legal topic and to engage in sustained critical analysis in written assessment work.

Assessment

Research essay (4000 words): 50%
Examination (2 hours writing time plus 10 minutes reading/ settling time): 50%

Contact hours

Three hours of lectures per week.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Karen Wheelwright

Offered

Clayton First semester 2009 (Day)

Synopsis

Topics include: the legal nature of the employment relationship between an employer and an employee; the individual nature of that relationship as opposed to the relationship between collective organisations of employers and employees; the formation of that relationship, and the source and content of the legal obligations which flow from it; legal classifications of the work relationship which dictate consequent industrial and taxation obligations; the legal principles relating to termination and breach of the contract and the remedies which flow; the legal rights of an employee who claims that his or her employment has been prejudiced by discriminatory behaviour.

Objectives

On completion of this unit students should be able to demonstrate an understanding of the individual components of the employment relationship as opposed to the relationship between organised groups of employers and employees. Students will understand the elements of a valid contract of employment and be able to identify and analyse the rights and duties of an employer and an employee under that contract. Students should be able to apply the legal principles to circumstances which give rise to termination and breach of contract and to identify, apply and critically analyse the appropriate remedies. Students should be able to recognise discrimination in employment and to apply the appropriate law.

Assessment

Research assignment (3200 words) OR Class presentation plus short research paper (2400 words): 40%
Examination (2 hours): 60% OR Examination (3 hours): 100%

Contact hours

Three hours of lectures per week.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Offered

Not offered in 2009

Synopsis

International public order is both the practical and the normative foundation of public international law. International law does not operate within a vacuum, nor does it consist of the pro forma application of abstract principles and universals detached from real world conditions. Rather, international public order is best understood as the practical regulation of a global society of state and sub-state actors, subordinate to the trans-national rule of law. International law, therefore, is inseparable from the wider issues of global governance, the mechanisms, institutions and principles that enable the global society to operate as an integrated political and legal system.
Taking this unit, students will not only acquire a sophisticated understanding of the concepts of international public order and the trans-national rule of law, but also how the integrity of the international system is inseparable from the practical operation of global governance. Understanding will be achieved through the detailed examination of a particular area of concern within international public order and how formal legal resolutions of disputes must necessarily be framed within terms of global governance and the trans-national rule of law.
The topics to be studied include: the international legal process (the concept and sources of international law); international law as the judicial basis of global governance; and practical problems in international law and world order (conflict prevention; socio-political justice; international economic law; and international environmental law).

Objectives

On completion of this unit students will have acquired or developed:

1. A deeper understanding of the principles and theories of public international law and international public order.
2. Experience in the practical application of these principles and theories to problem solving in contemporary issues and disputes within public international law.
3. Further development of the skills of legal research and writing as well as oral communication.
4. Greater understanding of the inter-relationship between public international law, global governance, international public order and international dispute resolution.

Assessment

Research paper (4000 words): 50%; seminar presentation (written): 25%; seminar presentation (oral): 10%; and class attendance and participation: 15%.

Contact hours

Three hours per week of class contact. Students should allocate a total of 12 hours per week of class contact/private study/preparation.

Prerequisites

LAW4122

Leader(s): Dale Smith

Offered

Not offered in 2009

Synopsis

Topics include: legal positivism - classical and contemporary, inclusive and exclusive; natural law theory; Dworkin's legal theory; perspectives on law - liberalism, feminism, critical legal studies; the obligation to obey the law.

Objectives

Students will acquire a basic understanding of the major contemporary philosophies of law and legal reasoning, and the main lines of debate between them. In particular, students will

1. acquire an understanding of how each philosophy regards the relationships between law and justice, and legal and moral reasoning; and
2. develop an appreciation of how the debates between these philosophies illuminate actual controversies in the practical administration of legal systems.

Assessment

Research assignment (3000 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2200 or LAW2201 and LAW2202

Leader(s): Semester Two: Sharon Rodrick

Offered

Clayton Second semester 2009 (Day)

Synopsis

This unit considers why freedom of speech is important to the media and how it is protected in Australia. The unit also covers the three major restraints on freedom of speech; the law of defamation, the action for breach of confidence and laws that protect privacy, both incidentally and intentionally. These will be considered from the perspective of how these laws inhibit the media in the collection and dissemination of information. Due consideration will be given to whether an appropriate balance is struck between freedom of speech and other rights, such as the protection of reputation. Reform of the law will also be considered, particularly the need for uniform defamation laws.

Objectives

By the end of this unit students should be familiar with the concept of freedom of speech and the way in which it is protected in Australia. They should be familiar with how laws pertaining to defamation, breach of confidence and privacy restrict free speech and control how the media collect and disseminate information. They should have developed their own opinions on whether the law has struck an appropriate balance between freedom of speech and other competing rights, such as the protection of reputation and the right to keep certain information confidential.

Assessment

Research assignment (2500 words): 35%
Examination (2 hours writing time plus 30 minutes reading and noting time): 65% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Fiona Hum

Offered

Clayton First semester 2009 (Day)

Synopsis

Introduction to feminist legal theory presents a fundamental challenge to existing knowledge about law by questioning 'taken for granted' assumptions about gender, gender roles and neutrality of legal knowledge and practice. Themes such as public/private distinction, ideas of neutrality or objectivity in law, concepts of equality, difference and discrimination, equal or different treatment of men and women, and differences within these categories provide a framework for analysis. Sex and sexuality, family relationships, women's economic dependence or independence, legal construction of gender and the critique of male-centred concepts of equality and human rights.

Objectives

On completion of this unit students should have

1. acquired an understanding of the basic themes and major issues of feminist legal theory;
2. developed the ability to critically analyse and evaluate the law's treatment of questions of gender and personal identity and the effect of gender on legal knowledge; and
3. practised and improved their research and writing skills, and their ability to carry out research in and about law from a feminist perspective, as well as their skills in oral presentation through class/ group participation and learning to understand, share and accept differing points of view.

Assessment

Compulsory Research Paper (3,200 words): 40%
Examination (2 hour writing time plus 30 minutes reading and noting time):60%

Contact hours

Three hours of lectures per week.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Matt Harvey

Offered

Not offered in 2009

Synopsis

Topics include: common law - civil law: elementary comparisons; classification of legal systems; historical origins of the civil law; legal education and legal profession; constitutions; judicial organisation; sources of law; judicial methodology; criminal procedure; civil procedure.

Objectives

Students who successfully complete this unit should

1. be sensitised to the existence of another major approach to law;
2. be familiar with the major characteristics of the continental European legal system;
3. acquire an understanding of the comparative method; and
4. be able to evaluate and analyse their own legal systems from a new perspective.

Assessment

Examination (2.5 hours writing time plus 30 minutes reading and noting): 100% OR Examination (1.25 hours writing time plus 30 minutes reading and noting): 50%
Research essay (4000 words): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Offered

Prato Trimester 2 2009 (Day)

Synopsis

Topics include: common law - civil law: elementary comparisons; classification of legal systems; historical origins of the civil law; legal education and legal profession; constitutions; judicial organisation; sources of law; judicial methodology; criminal procedure; civil procedure.

Objectives

Students who successfully complete this unit should

1. be sensitised to the existence of another major approach to law;
2. be familiar with the major characteristics of the continental European legal system;
3. acquire an understanding of comparative method; and
4. be able to evaluate and analyse their own legal systems from a new perspective.

Assessment

Choice from open-book examination, oral examination, research paper(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 Contract OR LAW2101 Contract A and LAW2102 Contract B; LAW2200 Torts OR LAW2201 Torts A and LAW2202 Torts B

Leader(s): Assoc Prof Judd Epstein

Offered

Not offered in 2009

Synopsis

The relationship of the codes, legislation and judicial decision making. Topics from the law of tort including liability arising from damage caused by things in custody, from dangerous activities and from the use of the automobile. Product liability. An example from contract/tort - letters of comfort. Research on civilian methodology in an area of choice.

Objectives

This unit exposes students to the major legislative accomplishment of modern continental legal systems - the civil code. Students will read and analyse, in translation, extracts from the civil codes of Italy, France and Germany, cases - both at first instance and on appeal - as well as constitutions and ordinary legislation. Students who successfully complete the subject should

1. comprehend the importance of, and character of, a code;
2. become acquainted with the methodology of judges and lawyers whose systems are based upon codes; and
3. acquire a comparative perspective on selected substantive law areas, eg tort.

Assessment

Research paper (4000 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50% OR Research paper (4000 words): 50%
Oral discussion: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Leader(s): Judd Epstein

Offered

Prato First semester 2009 (Day)

Synopsis

The relationship of the codes, legislation and judicial decision making. Topics from the law of tort including liability arising from damage caused by things in custody, from dangerous activities and from the use of the automobile. Product liability. An example from contract/tort - letters of comfort. Research on civilian methodology in an area of choice.

Objectives

This subject exposes students to the major legislative accomplishment of modern continental legal systems - the civil code. Students will read and analyse, in translation, extracts from the civil codes of Italy, France and Germany, cases - both at first instance and on appeal - as well as constitutions and ordinary legislation. Students who successfully complete this unit should:

1. comprehend the importance of, and character of, a code;
2. become acquainted with the methodology of judges and lawyers whose systems are based upon codes;
3. acquire a comparative perspective on selected substantive law areas, eg tort.

Assessment

Research paper (4000 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50% OR Research paper (4000 words): 50%
Oral discussion: 50%

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 Contract OR LAW2101 Contract A and LAW2102 Contract B; LAW2200 Torts OR LAW2201 Torts A and LAW2202 Torts B

Leader(s): Adam McBeth

Offered

Clayton First semester 2009 (Day)

Synopsis

This unit is a general introduction to international human rights law. It is concerned with human rights standards as they exist in international law and the international mechanisms for enforcing these standards. The unit will consider a selection of specific human rights, limitations to human rights (e.g. derogation in time of emergency) and some major contemporary international human rights issues.

Objectives

Upon completion of this unit students should be able to

1. understand and analyse international human rights standards and evaluate mechanisms designed to enforce human rights at the international/regional level;
2. explain and critically discuss the content of various human rights, such content being identified, inter alia, by reference to the case law of the UN treaty monitoring committees and regional human rights courts;
3. understand and critically evaluate some of the philosophical bases of and problems with international human rights law in light of contemporary human rights issues

Assessment

Research paper (3,200 words): 40%
Examination (2 hour writing time plus 30 minutes reading and noting time): 60%
OR Examination (3 hours writing time plus 30 minutes reading and noting time):100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Adam McBeth

Offered

Prato Term 2 2009 (Day)

Synopsis

This unit is a general introduction to international human rights law. It is concerned with human rights standards as they exist in international law and the international mechanisms for enforcing these standards. The unit will consider a selection of specific human rights, limitations to human rights (e.g. derogation in time of emergency) and some major contemporary international human rights issues.

Objectives

Upon completion of this unit students should be able to

1. Understand and analyse international human rights standards and evaluate mechanisms designed to enforce human rights at the international/regional level;
2. Explain and critically discuss the content of various human rights, such content being identified, inter alia, by reference to the case law of the UN treaty monitoring committees and regional human rights courts;
3. Understand and critically evaluate some of the philosophical bases of and problems with international human rights law in light of contemporary human rights issues.

Assessment

Research paper (4,000 words): 50% (optional)
Examination: 50% - 2 hrs (plus 30 minutes reading and noting time) with the optional essay OR 100% - 3hr (plus 30 minutes reading and noting time) without the optional essay.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104

Offered

Clayton Second semester 2009 (Day)

Synopsis

Topics include:

1. The legal problems that arise in cases involving a foreign element (in such cases, questions may arise re whether a Victorian court has jurisdiction to consider the matter, which law should govern the substantive issues, and what effect foreign judgments and orders have in Victoria)
2. The history of conflict of laws and the theories underlying it
3. Jurisdictional issues, choice-of-law principles and the limitations that exist on the application of foreign law
4. The specific rules applying in selected areas, such as torts and contract
5. Conflict issues arising in a federal jurisdiction and the recognition and enforcement of foreign judgments.

Objectives

Students who successfully complete this unit should

1. be in a position to identify when a particular fact situation involving a foreign element raises conflictual issues, and what those issues are;
2. be able to advise on how those issues would be approached by an Australian court;
3. have some awareness of the theoretical and policy justifications for the conflictual rules that would be applied in such a situation;
4. have an appreciation of the rules that govern the recognition and enforcement of foreign judgments in Australia;
5. have an appreciation of the private international law aspects of jurisdictional questions;
6. be able to examine critically the current state of the law relating to conflicts and
7. have some awareness of how conflicts are resolved in other jurisdictions, both under the common law and under civil law.

Assessment

Researched problem assignment (4,000 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

LAW2200 or LAW2201 and LAW2202

Leader(s): Stephen Gray

Offered

Not offered in 2009

Synopsis

The legislative control, 'protection' and disempowerment experienced by indigenous Australians and the historical, comparative and contemporary contexts of their experiences in and with the Australian legal system. Laws and policies concerning identity, dispossession, protection and assimilation are examined. Over-representation of indigenous people within the criminal justice system, Deaths in Custody and stolen generations. Land rights, the Mabo and Wik cases, and the Native Title Act 1993 (Cth). Human rights and the role of international law, self determination, reconciliation and law reform.

Objectives

Upon completion of this unit students should

1. have a general understanding of the common law, constitutional and statutory framework that has applied to indigenous peoples of Australia, and particularly of Victoria;
2. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to indigenous clients;
3. have further developed legal research and writing, and legal argument skills by undertaking systematic research into legal policy, rules, procedures and comparative perspectives relating to indigenous peoples and interests; and
4. have developed skills of oral presentation of legal policy, rules and argument in an interactive learning context.

Assessment

Short reaction piece (response to texts) (1600 words): 20%
Research paper (3200 words): 40%
Examination (2 hours writing and 30 minutes reading and noting time): 40% OR Short reaction piece (response to texts) (1600 words): 20%
Examination (3 hours writing and 30 minutes reading and noting time): 80%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3300 or LAW3301 and LAW3302; LAW3400 or LAW3401 and LAW3402

Leader(s): Emmanuel Laryea

Offered

Clayton Second semester 2009 (Day)

Synopsis

The national and international laws applicable to international commercial transactions including the movement of goods, people, capital and services. The sale of goods and services from Australia to a foreign country (and the financing of such a contract of sale). The transfer of technology both from and to Australia through licensing and franchising. The establishment of Australian- owned means of production abroad through direct foreign investment and international joint ventures. Legal regimes and international treaties which regulate and impact upon international business transactions. The resolution of disputes which may occur in such transactions.

Objectives

Upon completion of this subject, students should

1. have an understanding of the various views, including economic theories, concerning the rationale for and objectives of international commercial law;
2. understand the legal problems that arise from international business transactions;
3. have an understanding of the main issues that should be addressed when negotiating a contract for the international sale of goods and services, the financing of international transactions, and the transport of goods internationally;
4. understand the law dealing with international contracts of sale, including the laws dealing with international payment of goods and the law relating to the contracts of carriage and insurance of goods;
5. be familiar with the international agreements and international regimes that influence and regulate international business transactions;
6. understand the main types of structures commonly used in international business transactions, particularly those involving a transfer of technology;
7. have an understanding of the methods for resolving disputes in this area.

Assessment

Research assignment (2400 words): 30%
Examination (2 hours writing time
30 minutes reading and noting time): 70% OR Examination (3 hours writing time
30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Offered

Not offered in 2009

Synopsis

The national and international laws applicable to international commercial transactions including the movement of goods, people, capital and services. The sale of goods and services from Australia to a foreign country (and the financing of such a contract of sale). The transfer of technology both from and to Australia through licensing and franchising. The establishment of Australian- owned means of production abroad through direct foreign investment and international joint ventures. Legal regimes and international treaties which regulate and impact upon international business transactions. The resolution of disputes which may occur in such transactions.

Objectives

Upon completion of this subject, students should

1. have an understanding of the various views, including economic theories, concerning the rationale for and objectives of international commercial law;
2. understand the legal problems that arise from international business transactions;
3. have an understanding of the main issues that should be addressed when negotiating a contract for the international sale of goods and services, the financing of international transactions, and the transport of goods internationally;
4. understand the law dealing with international contracts of sale, including the laws dealing with international payment of goods and the law relating to the contracts of carriage and insurance of goods;
5. be familiar with the international agreements and international regimes that influence and regulate international business transactions;
6. understand the main types of structures commonly used in international business transactions, particularly those involving a transfer of technology;
7. have an understanding of the methods for resolving disputes in this area.

Assessment

Assignment (3,500 words): 40%
Examination (1.5 hours writing time plus 10 minutes reading/settling time): 60% OR Examination (2.5 hours writing time plus 10 minutes reading/settling time): 100%

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 AND LAW2102

Offered

Clayton First semester 2009 (Day)
Clayton Summer semester A 2009 (Day)
Clayton Summer semester B 2009 (Day)
Clayton Winter semester 2009 (Day)

Synopsis

The unit examines the theory and practice of negotiation and mediation as dispute resolution processes, with a focus on principled negotiation using the Harvard model and relational mediation and contrasted with adversarial approaches to dispute resolution. It seeks to develop practical skills and role plays and other interactive exercises and explores ethical issues associated with negotiation and mediation practice.
Any enquiries regarding the unit should be made to joelg@cmaservices.com.au

Objectives

Upon successful completion of the unit, students should

1. have an understanding of the theory of negotiation and mediation;
2. possess a substantial understanding of, and have gained some practical experience in the practice of both processes of dispute resolution;
3. have an appreciation of the differences between negotiation, mediation and other mainstream dispute resolution processes; and
4. have an awareness of the most significant ethical issues surrounding the practice of mediation.

Assessment

Participation: 10%
Face to face negotiation with lecturer: 30%
Class test (2 hours): 60%

Contact hours

Intensive

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104. Please note that there is an application form for this unit, available at: http://www.law.monash.edu.au/forms.html

Prohibitions

LAW7251

Leader(s): Matt Harvey

Offered

Not offered in 2009

Synopsis

This unit is concerned with the constitutional and institutional architecture of the European Union as well as selected issues of substantive European law. The Unit will provide an overview of the development of the European Union and introduce students to the fundamental aspects of its legal system (legal structures, principles, institutions, law-making procedures, enforcement, etc). The unit will also examine selected topics in constitutional and substantive law, such as the "four freedoms", the influence of human rights on European law and external relations.

Objectives

Upon completion of this unit students should be able to:

1. appreciate and assess the historical development of European integration and the ideological, political and economic factors shaping this development;
2. understand and explain the current constitutional structures of the EU: the composition, role and functions of the EU's main institutions, principles and procedures governing law-making, enforcement mechanisms and available judicial remedies;
3. understand and analyse important areas of substantive European law, such as the single European market, and how such law relates to the basic aims and objectives of the EC/EU;
4. critically discuss the interactions between the EU and national legal orders, the EU's role in the world and the most topical challenges currently facing the EU.

Assessment

Class presentation and/or discussion: 10%
Research assignment: 30% (2,400 words)
Examination: 60% - 2hr (plus 30 minutes reading and noting time)

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3200/LAW 3201

Offered

Prato Term 2 2009 (Day)

Synopsis

This unit is concerned with the constitutional and institutional architecture of the European Union as well as selected issues of substantive European law. The Unit will provide an overview of the development of the European Union and introduce students to the fundamental aspects of its legal system (legal structures, principles, institutions, law-making procedures, enforcement, etc). The unit will also examine selected topics in constitutional and substantive law, such as the "four freedoms", the influence of human rights on European law and external relations.

Objectives

Upon completion of this unit students should be able to

1. appreciate and assess the historical development of European integration and the ideological, political and economic factors shaping this development;
2. understand and explain the current constitutional structures of the EU: the composition, role and functions of the EU's main institutions, principles and procedures governing law-making, enforcement mechanisms and available judicial remedies;
3. understand and analyse important areas of substantive European law, such as the single European market, and how such law relates to the basic aims and objectives of the EC/EU;
4. critically discuss the interactions between the EU and national legal orders, the EU's role in the world and the most topical challenges currently facing the EU.

Assessment

Class presentation and/or discussion: 10%
Research essay: 30% (2400 words) (optional)
Examination: 60% - 2hr (plus 30 minutes reading and noting time) with the optional essay OR 90% - 3hr (plus 30 minutes reading and noting time) without the optional essay.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Adiva Sifris

Offered

Clayton First semester 2009 (Day)

Synopsis

This unit examines the constitutional and jurisdictional contexts within which property and spousal maintenance disputes are resolved. The course covers the procedural and substantive provisions of the Family Law Act 1975 (Cth) relevant to property and maintenance disputes between spouses, and de facto couples, including obtaining orders and injunctions against third parties and the division of superannuation interests. It also examines the non adversarial procedures and processes for resolving disputes. The course examines and critiques the existing law and the differential impact of marriage and cohabitation on men and women.

Objectives

Students who complete this unit should

1. acquire a basic knowledge of the law governing property division and spousal maintenance and develop some understanding of the way in which this law operates in practice;
2. acquire an understanding of the legal procedures relevant to the determination of financial disputes between spouses and de facto partners;
3. become familiar with theoretical and critical debate about the financial consequences of marriage and cohabitation; and
4. receive an introduction to some of the skills necessary for practice in family law.

Assessment

Mid semester class test (one hour plus 10 minutes reading/noting time, closed book) worth 50% of the result AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result OR Optional participation in the Family Law Assistance Program with both a 2.5 day practical component and a research report (2000 words) worth 50% of the result AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result.

Contact hours

Four hours of lectures per week over ten weeks.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3400 or LAW3401 and LAW3402

Prohibitions

LAW4177

Leader(s): Renata Alexander

Offered

Clayton Second semester 2009 (Day)

Synopsis

Examines constitutional structure for resolving disputes between parents, children and State child welfare authorities about the care, welfare and decision-making relating to children and the difficulties which arise as the result of the divided Commonwealth/State responsibility. Examines creation of parent child relationships, common law principles governing rights and responsibilities of parents, provisions of Family Law Act 1976 (Cth). Considers government support for families with children under Social Security Act 1947 (Cth), the interrelationship between child support, child maintenance and social security. Looks at State child welfare jurisdiction and jurisdiction of Children's Court.

Objectives

Students who complete this course should have

1. acquired a basic knowledge of the common law and statutory principles which govern the relations between parents and children and between children, parents and the State and develop some understanding of the way in which these laws operate in practice;
2. acquired an understanding of the jurisdictional issues and legal procedures relevant to the determination of such disputes;
3. become familiar with theoretical and critical debates about the laws governing parents and children and the adequacy of current laws and procedures; and
4. received an introduction to some of the skills necessary for practice in this area of the law and to the ethical issues which they may encounter in practice.

Assessment

Final Examination (3 hours writing time plus 30 minutes reading and noting time): 100% OR Final Examination (2 hours writing time plus 30 minutes reading and noting time): 60%
either a research assignment (3200 words): 40% OR participation in the Family Law Assistance Program with both 2.5 days (over five x half days) practical component AND a file/court report (1500 words): 40%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW4177

Leader(s): Assoc Prof Susan Kneebone

Offered

Not offered in 2009

Synopsis

Topics include: root causes of forced migration; sources of international refugee law and the evolution of the international regime for refugee protection during the 20th century; limits of the basic principle of asylum and non-refoulement and the application of the refugee definition in Australia and other jurisdictions; application of the refugee definition to particular groups of applicants, such as gender or culturally based groups; procedures for detention and determination of refugee status in Australia compared with other jurisdictions; modifications of the Refugees Convention including international burden sharing agreement and proposals to reformulate the refugee protection regime.

Objectives

Upon completion of this unit students should: 1) understand the background and nature of international refugee law; 2) have detailed knowledge of the international instruments applicable to asylum seekers, including the Refugees Convention; 3) have acquired detailed knowledge of the concept of a 'refugee' under the Refugees Convention and of the various elements of the definition; 4) have acquired detailed knowledge of the relevant sections of the Migration Act 1958 dealing with refugees; 5) be able to evaluate Australia's practices towards refugee applicants and application of the Refugees Convention by comparing them with those of other jurisdictions; 6) understand and be able to evaluate measures adopted to modify the Refugees Convention; 7) have further developed legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into issues relating to international refugee law; 8) have further developed skills of oral presentation and argumentation in an interactive class context and 9) have further developed practical skills through the optional placement scheme.

Assessment

Research assignment (4,000 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50%.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3100/3101

Offered

Not offered in 2009

Synopsis

Focuses on the human rights and fundamental freedoms of the individual within at least four constitutional systems eg. Australia, the UK, Canada and New Zealand. These systems will provide a broad range of fundamental rights and freedoms. The mechanisms for enforcement of such rights will also be examined. Freedom of expression, right to life, minority rights, and rights of refugees are compared. Comparative and theoretical perspectives are incorporated. The scope, definition and limitations of rights, the utility of entrenching rights and prospects of reform are studied.

Objectives

Upon completion of this unit, students should

1. have a general understanding of the constitutional law and statutory framework that operate in the relevant countries;
2. analyse and critically comment upon the impact of the constitutional system on the protection of individual human rights and fundamental freedoms;
3. have specific understanding of the particular rights studied, and the framework for protection established under the relevant constitutional systems;
4. have a general understanding of the role of international law and human rights issues as they relate to the relevant constitutional systems;
5. be able to understand, evaluate and apply policy arguments for and against reform of the legal protection of rights and freedoms;
6. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to breaches of individual rights and freedoms;
7. have further developed legal research and writing, and legal argument skills by undertaking systematic research into legal policy, rules and procedures and comparative perspectives relating to constitutional law and individual rights;
8. have developed skills of oral presentation of legal policy, rules and argument in an interactive learning context.

Assessment

Research paper (4000 words): 50%
Examination (1.5 hours writing time plus 30 minutes reading and noting time): 50% OR Examination: (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3200 or LAW3201

Leader(s): Susan Kneebone

Offered

Clayton Second semester 2009 (Day)

Synopsis

Topics include: the constitutional underpinning and legal framework governing citizenship and immigration in Australia; the development of current policies in an historical, social, cultural, international and economic context; the change in legislative policy under the Migration Act 1958 (Cth) from discretionary to codified decision-making; the legislative and administrative scheme for migration visa decisions including merits and judicial review; the notion of citizenship under the Citizenship Act and the consequences of lack of citizenship in relation to detention, removal and deportation; the role/effect of multiculturalism in relation to policies and procedures.

Objectives

On completion of this unit students should be able to 1) analyse the legal framework regulating entry to Australia to determine its coherence, fairness, and effectiveness; 2) develop skills of statutory interpretation through examining the Migration Act and Regulations and relevant court decisions; 3) discuss policy issues, including the access of non-citizens and unlawful non-citizens to administrative review, the significance of citizenship, and the impact of cultural differences; 4) give migration clients accurate practical advice on the law, and to be aware of appropriate legal remedies; 5) examine the relationship between Migration Law and other areas of Law such as Administrative Law, and Constitutional law; 6) further develop legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into issues relating to citizenship and migration law; 7) further develop skills of oral presentation and argumentation in an interactive class context; 8) further develop skills of observation through a placement scheme.

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time): 70%
Assignment (2000 words): 30%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3100/LAW3101 or LAW3200 or LAW3200/LAW3201

Offered

Not offered in 2009

Synopsis

The unit will adopt a seminar format to explore various aspects of the adversarial system of justice. While the precise content of the unit will vary from year to year to reflect changing emphases, topics will be chosen to illustrate fundamental principles upon which the justice system is based, and/or to illustrate changes and challenges to the system. Possible topics include an examination of the adversarial as opposed to inquisitorial systems of justice, the rise of Alternative Dispute Resolution, interrelationship of Federal and State Law, managerialism in the justice system, the diminishing role of the jury, quasi-judicial bodies and the outsourcing of Justice.

Objectives

The aim of this unit is to provide students with a deeper understanding of the adversarial system of justice, both civil and criminal, and the issues confronting that system. While building upon concepts learnt in subjects such as Criminal Law and Procedure, Civil Procedure and Evidence, it will encourage students to see these concepts as part of a broader system composed of many parts, and to understand the interrelationship between those parts. Students completing the subject should have

1. a broader understanding of various components of the adversarial system of justice and the interrelationship of those components;
2. an enhanced ability to critically analyse changes to the system and the possible wider implications of such change;
3. developed and demonstrated oral communication skills and skills of presentation of legal concepts, rules and argument in an interactive seminar context; and
4. developed and demonstrated legal research and writing skills.

Assessment

Examination (2 hours writing plus reading and noting time): 50%
Essay (4000 words): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302

Co-requisites

LAW5104; LAW5159

Offered

Not offered in 2009

Synopsis

Financial scandals and corporate greed (ENRON, WorldCom and HIH and One-Tel in Australia) have raised pressing questions of ethics in markets and also the sustainability of the international financial system. They have also raised questions of the effectiveness of financial regulation and regulatory agencies.
In Australia, the Financial Reform Act 2001 is in the process of being implemented. It is the most thorough reform of financial regulation in the country's history.
This option provides a timely analysis of the new law and regulatory policies. It does so in the context of studying the regulator (ASIC) the markets (ASX) and financial firms. Context is partly supplied by a visit, if possible, to the trading floor of a leading market intermediary.
As well the course considers issues for investors and regulators in high tech internationalised markets, of which the Australian markets are part. It focuses on the nature of financial regulation and leading regulatory techniques e.g. disclosure, licensing, market misconduct, powers of investigation and enforcement. The course gives special attention to current regulatory problems and developing regulatory policy: market and regulatory convergence; protection of financial consumers; the tension between criminal law and more informal approaches to regulation; forces driving harmonisation of international and competing national systems; and the role of ethical arguments as justifications for regulation.

Objectives

To study the context of the regulation of financial products and markets, including the institutions and practices of the market. Satisfying this objective will include a visit, where possible, to the trading floor of one of the leading market intermediaries; To develop an understanding of the arguments for financial regulation, the main regulatroy techniques adopted (eg. disclosure, ownership and control, regulation of intermediaries) and the issues of law and policy in the area; To enrich the study of relevant regulatory rules and policy by the introduction of interdisciplinary and comparative material and policy which govern markets in collective investments.

Assessment

Short written reports of market visit: 10%
Prospectus due diligence exercise: 10%
Research essay (3000 words): 40%
Examination (2 hours writing time plus 10 minutes reading time): 40%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW4171

Leader(s): Patrick Emerton

Offered

Clayton First semester 2009 (Day)
Clayton Term 1 2009 (Day)

Synopsis

This unit introduces students to the nature and function of equity in the modern Australian legal system. Students learn about the relationship between equity and the common law, and study the key doctrines of equity. These include: breach of confidence, fiduciary relations, estoppel, equitable property rights and equitable remedies.

Objectives

On completion of this unit students should be able to 1) understand the position of equity within the Australian legal system, and its relationship with the common law; 2) understand, and be able to critically analyse the key doctrines of equity, their development in Australia and in other legal systems, and their theoretical underpinnings, including the concepts of principles and standards; 3) Make competent judgements regarding the likely future development of equitable doctrines on a case by case basis; 4) Articulate the application of equitable doctrines and remedies to practical legal problems.

Assessment

Exam (3 hour writing time plus 30 minutes reading and noting time): 100% OR Reflective essay (1200 words): 15% AND Practical exercise (2000 words): 25% AND Exam (2 hour writing time plus 30 minutes reading and noting time): 60%)

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 or LAW2102

Co-requisites

LAW3401

Leader(s): Susan Barkehall-Thomas

Offered

Clayton Second semester 2009 (Day)

Synopsis

This unit introduces students to the nature and function of trusts in the modern Australian legal system. Students learn how trusts are used and learn the rules governing their existence. In particular, the rules governing the creation and administration of trusts, and the rights and obligations of parties to trusts are taught.

Objectives

On completion of this unit students should be able to 1) understand the role of trusts in the modern environment; 2) explain the circumstances in which a trust should be created and the methods by which this can be done; 3) advise as to the proper administration of trusts, including the role of superannuation trustees and 4) analyse documents creating trusts and be able to describe the operation of those provisions.

Assessment

Assignment (3200 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR 2101 AND 2102

Co-requisites

LAW4169 and LAW3401

Leader(s): Normann Witzleb

Offered

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

Synopsis

On completion of this unit students will have covered the following topics: 1) Choice of the corporate business form, formation and characteristics of a corporation; 2) The corporate constitution; 3) Corporate finance, share structure and membership; 4) Constitution and powers of the corporate organisations (board and general meeting); 5) Corporate authority; 6) Governance of the corporation; director's duties; 7) Governance of the corporation; shareholder's remedies; 8) Administration and winding up of the corporation.

Objectives

On completion of this unit, students will have:

1. knowledge and understanding of key concepts and principles of corporate law;
2. knowledge and understanding of legislation and policy in the core 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 new situations, including those induced by electronic and communications technology and
5. an ability to conduct independent research in corporate law and convey the results of this and the above objectives both orally and in writing.

Assessment

One 2,000 word research essay 25% and final exam (2 hours plus 30 minutes reading and noting time) 75%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2102

Leader(s): Tania Penovic

Offered

Clayton Second semester 2009 (Day)

Synopsis

The unit seeks to provide comprehensive coverage of the wide-ranging legal forms, policies and practices in Australia that relate to the upholding of human rights standards. The perspective adopted is new in the sense that human rights laws are not viewed as simply being those laws that expressly refer to rights protection. Rather it is to recognise that in the absence of a strong jurisprudential culture of rights in the Common law world generally, and certainly in Australia, laws protecting as well as infringing human rights nonetheless are apparent.

Objectives

Upon completion of this subject students should: 1) have a broad understanding of the diverse cultural, philosophical, political and legal origins of human rights and human rights laws in Australia; 2) appreciate the variety of domestic legal forms by which human rights are expressed - constitutional, statutory, interpretive, common law and codes of practice; 3) be able to identify and distinguish between the various Australian laws across the whole range of legal specialities that seek to, or in practice do, protect human rights in Australia; 4) critically assess the impact of statutory and common law changes on human rights protection in Australia; 5) understand the extents of institutional, policy and procedural mechanisms for human rights protection; 6) understand the nature and degree of Australia's human rights obligations under international law and their impact on Australian law and practice; 7) have further developed skills in legal research and writing; and 8) have further developed skills in presenting oral argument in respect of legal rules and policies in an interactive learning environment.

Assessment

Research paper (4,000 words): 50% OR Hanover Welfare Services Student Placement: 50% and exam (2 hours plus 10 mins reading time): 50% OR Examination (2.5 hours plus 10 mins reading time ): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Associate Dean (Undergraduate Studies)

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)
Clayton Summer semester A 2009 (Day)
Clayton Summer semester B 2009 (Day)

Synopsis

This is a program of individual research and writing during one semester on a legal topic or project which has been approved by the Dean of Law or his/her delegate after consultation with the proposed supervisor. It is expected that some of those topics or projects will be associated with opportunities for placements or internships in legal services in the private or government sectors, including ones overseas. LAW4173 is taken as a first-time research unit.

Objectives

Students successfully completing this subject should

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

Assessment

Research paper (7000-9000 words): 100%

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Associate Dean (Undergraduate Studies)

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)
Clayton Summer semester A 2009 (Day)
Clayton Summer semester B 2009 (Day)

Synopsis

This is a program of individual research and writing during one semester on a legal topic or project which has been approved by the Dean of Law or his/her delegate after consultation with the proposed supervisor. It is expected that some of those topics or projects will be associated with opportunities for placements or internships in legal services in the private or government sectors, including ones overseas. LAW4174 is taken when student has already completed one research unit.

Objectives

Students successfully completing this subject should

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

Assessment

Research paper (7000-9000 words): 100%

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Offered

Not offered in 2009

Synopsis

This unit will cover the international legal responses to major global and transboundary environmental problems (such as pollution and climate change, ozone depletion, biodiversity, marine pollution and the import and export of hazardous waste).

Objectives

The seminar format will be used to introduce and explain the core material referred to in the unit description while also identifying key problems and recent challenges in the development of international environmental law. Active student discussion will be encouraged to test students' understanding of the subject matter; to relate the subject matter to the objectives of the course; to stimulate critical debate about recent developments in international law and policy; and to identify possible problems in students' understanding. Selective student presentations will also be commissioned.

Assessment

Research paper (4000 words): 50%
Take home examination: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW4115 or LAW4122

Offered

Not offered in 2009

Synopsis

Classes in legal problem-solving techniques. A guide to the theory of legal argumentation and explains how those skills can be applied for maximum benefit in dealing with legal problems. Development of students' legal research skills with emphasis on teaching students how these skills can be applied to produce efficient and accurate legal writing. Presentation and defence of a legal submission, 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 on electronic sources with the resources of the Internet.

Objectives

Upon completion of this unit students should have developed

1. an ability to undertake independent legal research, both electronic and paper based;
2. an understanding of the method for location of caselaw, legislation and secondary sources together with the relevant methods and sources for updating;
3. an ability effectively and efficiently to apply the results of research to draft a variety of legal documents, including academic style papers, letters of advice and court submissions;
4. an ability to present legal arguments orally.

Assessment

Individual Research Project: 30%
Group Research Topic (written group submission: 30% and oral presentation/defence of submission: 30%): 60%
Class participation: 10%

Contact hours

Three hours per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW3300 or LAW3301 and LAW3302; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Leader(s): Adiva Sifris

Offered

Clayton Summer semester A 2009 (Day)

Synopsis

This unit gives students an understanding of the fundamental principles and concepts in Family Law. Topics include:

• the family - history and the concept of 'the family';
• practising family law - professional and ethical challenges and courts jurisdiction;
• marriage and divorce - obligations created by marriage;
• dividing property under the Family Law Act - principles relating to property division;
• property rights on the breakdown of a domestic relationship - statutes relating to the division of property;
• children's rights and parental responsibilities - the Family Law Act relating to parental responsibility; and
• family support - spousal support and child maintenance.

Objectives

On completion of the unit students will have:

1. acquired an understanding of the fundamental concepts of family law;
2. a general grasp of the historical evolution of family law and of what is meant by the family;
3. some familiarity with the challanges facing the family lawyer in practice;
4. the ability to analyse a basic property dispute between parties to a marriage or parties in a domestic relationship including issues of maintenance and support;
5. developed an understanding of the statutory principles arising in the context of children and the way in which these laws operate in practice;
6. further developed skills in case law analysis, research and statutory interpretation.

Assessment

Examination (2 hours writing time plus 10 minutes reading time): 100% OR Examination (1 hour writing time plus 10 minutes reading time): 50% plus participation in a placement program (25%) with a written research assignment (25%) (2000 words): 50%

Contact hours

Taught intensively over 3 weeks of lectures for 4 hours a day, with examination in the following week.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104 and LAW2101 and LAW2102 and LAW2201 and LAW2202

Prohibitions

LAW4162; LAW4163

Offered

Not offered in 2009

Synopsis

This unit will compare the methods used to resolve disputes in the Common Law Legal Family and the Civil Law Legal Family. Through the Comparative method students will ascertain the fundamental elements of each system. The role of the judge at first instance will be critically analysed in both systems. The principles of orality, contestation and adherence to party disposition will be explored. The adversary system will be contrasted with the 'inquisitorial' adversary system. The continuing importance of the common law jury will be tested. Each step of litigation from the commencement through to the final disposition will be considered.

Objectives

To broaden the perspective of domestic students to a major legal system and its way of resolving disputes; To expose students to the comparative method; To expose students to the court system of a western culture nation of a different legal family and its laws; To cause students to reflect on their system of dispute resoltion, its aims and shortcomings.

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time): 100% OR Examination (1 hour writing time plus 30 minutes reading and noting time)): 50%
Assignment (4000 words): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Co-requisites

LAW5104

Offered

Not offered in 2009

Synopsis

This unit will compare the methods used to resolve disputes in the Common Law Legal Family and the Civil Law Legal Family. Through the Comparative method students will ascertain the fundamental elements of each system. The role of the judge at first instance will be critically analysed in both systems. The principles of orality, contestation and adherence to party disposition will be explored. The adversary system will be contrasted with the 'inquisitional' adversary system. The continuing importance of the common law jury will be tested. Each step of litigation from the commencement through to the final disposition will be considered.

Objectives

1. To broaden the perpective of domestic students to a major legal system and its ways of resolving disputes;
2. To expose students to the comparative method;
3. To expose students to the Court system of a western culture nation of a different legal family and its laws;
4. To cause students to reflect on their system of dispute resolution, its aims and shortcomings.

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time): 100% OR Examination (1 hour writing time plus 30 minutes reading and noting time): 50%
Assignment (4000 words): 50%

Prerequisites

LAW1100 OR LAW1101 and LAW1102 OR LAW1104; LAW2100 OR LAW2101 and LAW2102 PLUS LAW2200 OR LAW2201 and LAW2202

Co-requisites

LAW5104 Civil Procedure

Leader(s): Jeff Waincymer

Offered

Not offered in 2009

Synopsis

The objective of this unit will be to examine the principles and practices of this new area as reflected in the rules of the major arbitration institutions, the national arbitration laws (with particular emphasis on Australia) and arbitral tribunal decisions. The topics to be considered in the course include: the nature of international arbitration, the types of arbitration, the legal framework, the agreement to arbitrate, judicial enforcement of the agreement, the powers of the tribunal and the conduct of the arbitration, the arbitral award and challenge to the award

Objectives

To make students familiar with a growing area of dispute resolution in international commerce so that they can better advise clients, both domestic and foreign. By the end of the course, students should have a grasp of the practical aspects of arbitration, how to draft arbitration clauses, how to enforce awards and the preferred rules in a given case. In addition, through examining comparative legal materials, students should develop an appreciation of international solutions to domestic problems.

Assessment

Two only of the following 3 options:
1. Assessed moot (each of four students will speak for 15-20 minutes): 50%
2. Research essay (4000 words): 50%
3. Examination - two day take-home: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Offered

Prato First semester 2009 (Day)
Prato Trimester 2 2009 (Day)

Synopsis

The object of this unit will be to examine the principles and practices of this area as reflected in the rules of the major arbitration institutions, the national arbitration laws (with particular emphasis on Australia) and arbitral tribunal decisions. The topics to be considered in the unit include: the nature of international arbitration, the types of arbitration, the legal framework, the agreement to arbitrate, judicial enforcement of the agreement, the powers of the tribunal and the conduct of the arbitration, the arbitral award and challenge to the award.

Objectives

To make students familiar with the growing area of dispute resolution in international commerce so that they can better advise clients, both domestic and foreign. By the end of the unit, students should have a grasp of the practical aspects of arbitration - how to draft arbitration clauses, how to enforce awards and the preferred rules in a given case. In addition, through examining comparative legal material, students should develop an appreciation of international solutions to domestic problems.

Assessment

Examination (2.5 hours writing time plus 30 minutes reading and noting): 100% OR Examination (1.25 hours writing time plus 30 minutes reading and noting): 50%
Research essay (4000 words): 50%

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Kwame Mfodwo

Offered

Clayton First semester 2009 (Day)

Synopsis

Topics include: UNCLOS III - history of negotiation; regime implementation; maritime boundaries; territorial demarcation - exclusive economic zones (EEZ); living marine resource management - fisheries; straddling stocks; environmental protection - point-source pollution; non-living marine resource management - oil and gas; off-shore drilling; artificial islands and installations; the Deep Sea Bed Authority; international dispute settlement; International Tribunal for the Law of the Sea (ITLOS).

Objectives

Upon successful completion of this unit, students will have developed:

1. a coherent, critical and historically informed understanding of current international law principles and rules for management of marine resources;
2. a well developed ability to use these principles and rules in simulated situations of interstate claims, conflict and dispute settlement;
3. a well developed understanding of the political, economic, cultural and other contexts for rule evolution and current use;
4. a well developed understanding of the strategic implications of this aspect of international law for Australia;
5. a broad understanding of the role and use of diplomatic conferences in the progressive development of the international law of the sea; and
6. a broad understanding of trajectories for further evolution of these principles and rules.

Assessment

2 Research memo assignments (1000 words each and 12.5% each): 25%;
Group assessment exercise - simulation adversarial team negotiations - bilateral fisheries and offshore petroleum access agreements/treaties: 20%; and
Research assignment (4400 words): 55%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW4122

Prohibitions

LAW7033

Leader(s): Eric Wilson

Offered

Not offered in 2009

Synopsis

APPLICATION: students will be invited to apply for enrolment in LAW4183 Jessup Moot. This will be done through class announcements and public advertisements. When applying, students will be required to submit: a personal CV; a formal academic transcript; a short letter of application, outlining the reasons for applying and interests in competitive mooting and International law. Enrolment: maximum of 20

Objectives

1. To develop greater intellectual appreciation of International Public Law as an academic discipline;
2. To acquire greater specialised knowledge of critical components of the International Public Law regime, such as State Responsibility, State Jurisdiction and the International regulation of armed force;
3. to undertake intensive research work in current issues of International Law, including creative problem-solving of prescribed hypothetical problems;
4. to increase exposure to the competitive mooting process and the development of basic principles and practices of mooting.

Assessment

Seminar research and presentation: 25%
Practice Mooting: 25%
Memorial Research and Writing (3000 words): 50%

Contact hours

10 x 3 hour seminar per week and 9 hours practice mooting

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW4122

Leader(s): Adam McBeth

Offered

Clayton First semester 2009 (Day)

Synopsis

Students will be introduced to individual criminal responsibility in international law. The history and development of international criminal law, its codification and implementation by applicable municipal and international institutions examined. The main categories of crimes under the Rome Statute of the International Criminal Court - genocide, crimes against humanity and war crimes - will be studied with reference to international instruments and case law. Various bases of responsibility, including command responsibility and joint criminal enterprise, will be examined, along with applicable defences and excuses. The application of contemporary international criminal law in Australia and future directions of international criminal law will be studied.

Objectives

1. To understand the basic principles of international criminal law and be able to evaluate the doctrines and processes that have developed in terms of those principles;
2. To analyse and interpret key documents which codify and illustrate international criminal law;
3. To understand how international criminal law is developed and implemented by applicable institutions; and
4. To demonstrate developed legal research, writing, argument and problem solving skills in relation to international criminal law.

Assessment

Research assignment (3200 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302

Leader(s): Emmanuel Laryea

Offered

Not offered in 2009

Synopsis

This unit examines international banking and securities transactions and their regulation. Major national markets will be considered along with important areas of international financial regulation and policy. An analysis of international financial instruments including international asset securitisation is followed by the regulatory regimes governing stock markets and derivatives. Emerging markets generate special issues for international finance. Three types of emerging markets finance will be looked at, as well as the impact of the 1997 Asian financial crisis. Finally is there a need for reform of the international financial system and the role of the IMF following September 11?

Objectives

On completion of this unit, students should

1. have an understanding of the various views, including economic theories, concerning the rationales for and objectives of international and national financial regulation;
2. understand the legal problems arising from international and national financial regulation;
3. understand the main issues that should be addressed when negotiating a contract for the provision of international financial accommodation;
4. have an understanding of the national and international legal structures and principles dealing with and governing international financial instruments;
5. be familiar with the international agreements, regimes and institutions that influence and regulate international financial transactions;
6. understand the main types of structures used in international financial instruments;
7. understand the financial infrastructure behind international financial regulation and policy;
8. be familiar with the legal structure and operation of (some) national models of banking , stock broking and derivatives regulators;
9. appreciate the need for reform of some aspects of the international financial system.

Assessment

Research assignment (2400 words): 30%
Examination (2 hours writing time
30 minutes reading and noting time): 70% OR Examination (3 hours writing time
30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Leader(s): Mr Paul Brenner

Offered

Not offered in 2009

Synopsis

This unit examines international banking and securities transactions and their regulation. Major national markets will be considered along with important areas of international financial regulation and policy. An analysis of international financial instruments including international asset securitisation is followed by the regulatory regimes governing stock markets and derivatives. Emerging markets generate special issues for international finance. Three types of emerging markets finance will be looked at, as well as the impact of the 1997 Asian financial crisis. Finally is there a need for reform of the international financial system and the role of the IMF following September 11?

Objectives

On completion of this unit, students should

1. have an understanding of the various views, including economic theories, concerning the rationales for and objectives of international and national financial regulation;
2. understand the legal problems arising from international and national financial regulation;
3. understand the main issues that should be addressed when negotiating a contract for the provision of international financial accommodation;
4. have an understanding of the national and international legal structures and principles dealing with and governing international financial instruments;
5. be familiar with the international agreements, regimes and institutions that influence and regulate international financial transactions;
6. understand the main types of structures used in international financial instruments;
7. understand the financial infrastructure behind international financial regulation and policy;
8. be familiar with the legal structure and operation of (some) national models of banking , stock broking and derivatives regulators;
9. appreciate the need for reform of some aspects of the international financial system.

Assessment

Research assignment (3500 words): 50%
Examination (1.5 hours): 50% OR Examination (3 hours): 100%

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Offered

Not offered in 2009

Synopsis

This unit examines the role of theory in the criminal law and whether there are "fundamental principles" which underlie all systems of criminal justice. A consideration of the various theories of punishment propounded in the common law and civil law of crime follows.
The issue of codification as implemented in both common law and civil law jurisdictions is then addressed. Students will then be invited to examine in detail the roles played by the investigating magistrates, procurators and the judiciary in civil law systems and compare that role with the ones played by the prosecutor, judge and jury in the common law systems.
The relationship between substantive criminal law and procedure will be considered by focusing on such issues as the principle of territoriality, equality before the law including the right to a fair trial and the right to legal representation.
A comparative examination of the criminal law of Australia and Italy in the areas of the law of homicide, sexual offences and property offences will be undertaken. An analysis of the modern law of extradition, mutual assistance and various international treaties will enable a study of the impact of internationalisation on the criminal law including a consideration of the jurisdiction of the International Criminal Court. How have the Australian and the Italian legal systems dealt with the "war on terrorism"? Finally the unit will examine the use of several sentencing options in Italian and Australian criminal law.

Objectives

On completion of this unit, students should

1. understand the conditions under which individuals should be held morally and legally responsible for their (criminal) actions;
2. understand whether or not there are any "fundamental principles" which underlie all criminal justice systems;
3. have an appreciation of the various theories of punishment in the common law and the civil law as the basis for an analysis of the relationship between substantive criminal law and criminal procedure;
4. understand the issues concerning the merits or otherwise of codification in both the common law and the civil law;
5. understand the basic characteristics of criminal procedure under the inquisitorial and adversarial systems;
6. be aware of the relationship between substantive criminal law and criminal procedure in relation to issues such as the principles of territoriality, equality before the law including the right to a fair trial, and the right to legal representation in the civil and common law systems;
7. understand the essential features of the substantive law relating to homicide in Australia and Italy;
8. understand the major characteristics of the substantive law relating to sexual offences in Australia and Italy;
9. be aware of the basic elements of the substantive law concerning property offences in Australia and Italy;
10. have an appreciation of the impact of internationalisation on the criminal law of Australia and Italy;
11. be aware of the manner in which the criminal law of Australia and Italy has responded to the "war on terrorism";
12. understand the elementary characteristics of sentencing alternatives in Australian and Italian criminal law.

Assessment

Examination (3 hours writing time plus reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW3300 or LAW3301 and LAW3302

Offered

Prato Term 2 2009 (Day)

Synopsis

This unit examines the role of theory in the criminal law and whether there are "fundamental principles" which underlie all systems of criminal justice. A consideration of the various theories of punishment propounded in the common law and civil law of crime follows.
The issue of codification as implemented in both common law and civil law jurisdictions is then addressed. Students will then be invited to examine in detail the roles played by the investigating magistrates, procurators and the judiciary in civil law systems and compare that role with the ones played by the prosecutor, judge and jury in the common law systems.
The relationship between substantive criminal law and procedure will be considered by focusing on such issues as the principle of territoriality, equality before the law including the right to a fair trial and the right to legal representation.
A comparative examination of the criminal law of Australia and Italy in the areas of the law of homicide, sexual offences and property offences will be undertaken. An analysis of the modern law of extradition, mutual assistance and various international treaties will enable a study of the impact of internationalisation on the criminal law including a consideration of the jurisdiction of the International Criminal Court. How have the Australian and the Italian legal systems dealt with the "war on terrorism"? Finally the unit will examine the use of several sentencing options in Italian and Australian criminal law.

Objectives

On completion of this unit, students should

1. understand the conditions under which individuals should be held morally and legally responsible for their (criminal) actions;
2. understand whether or not there are any "fundamental principles" which underlie all criminal justice systems;
3. have an appreciation of the various theories of punishment in the common law and the civil law as the basis for an analysis of the relationship between substantive criminal law and criminal procedure;
4. understand the issues concerning the merits or otherwise of codification in both the common law and the civil law;
5. understand the basic characteristics of criminal procedure under the inquisitorial and adversarial systems;
6. be aware of the relationship between substantive criminal law and criminal procedure in relation to issues such as the principles of territoriality, equality before the law including the right to a fair trial, and the right to legal representation in the civil and common law systems;
7. understand the essential features of the substantive law relating to homicide in Australia and Italy;
8. understand the major characteristics of the substantive law relating to sexual offences in Australia and Italy;
9. be aware of the basic elements of the substantive law concerning property offences in Australia and Italy;
10. have an appreciation of the impact of internationalisation on the criminal law of Australia and Italy;
11. be aware of the manner in which the criminal law of Australia and Italy has responded to the "war on terrorism";
12. understand the elementary characteristics of sentencing alternatives in Australian and Italian criminal law.

Assessment

Examination (3 hours writing time plus reading and noting time): 100%

Contact hours

36 hours in 4 weeks.

Leader(s): Paula Gerber

Offered

Clayton First semester 2009 (Day)

Synopsis

This unit will allow students to acquire knowledge and understanding of a specialist, and increasingly important, area of law. The unit begins with a critical analysis of the different types of contracts and project delivery methods. Students explore the problem areas which can lead to conflict during the course of construction projects including resultant legal ramifications and insurance issues. Students analyse the traditional and alternative ways of resolving construction disputes. Students will examine the relevant legislations and learn to research and write on construction law issues.

Objectives

A candidate who has successfully completed this unit 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

Site Visit Report, (2000 words) 25% and Examination (2 and a half hours writing time plus 30 minutes reading and noting time):75%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Offered

Not offered in 2009

Synopsis

The unit builds an intensive analysis of WTO rules and its dispute settlement processes within the context of participation in a WTO moot court competition run by the European Law Students Association. Students are given a fact situation, are required to prepare memorials for both the claimant and the respondent, engage in intensive moot practices and compete against other universities at a regional level and if successful in addition at international finals in Geneva.

Objectives

The objectives are to provide in-depth study in relation to:

• the WTO, its rules and dispute-settlement processes;
• advanced research;
• advocacy;
• legal writing; and
• group work.

Assessment

Marks will be allocated for the memorials (50%) and mooting performance (50%).

Contact hours

A group based unit; 4 - 6 hours per week contact with the Lecturer.

Offered

Not offered in 2009

Synopsis

This unit provides an overview of international air and space law as it affects commercial aviation and space activities from international airline operations to space-borne telecommunications. Areas examined include laws relating to airline safety, commercial access to international air routes, interception and the use of force against airlines, air carrier liability for death and injury and aviation security laws relating to hijacking and other unlawful acts of interference; whilst space law study focuses on areas such as control of space activities, legal liability, telecommunications, space tourism and environmental issues.

Objectives

On completion of this unit student should have:

1. a familiarity with the international legal order affecting the status and use of airspace and outer space;
2. an understanding of treaty law, general principles of international law and declaratory principles applicable to civil aviation and outer space activities;
3. an appreciation of the role of international organizations in the development of related treaty law;
4. the ability to analyze and apply current air and space laws to factual situations and an awareness of how those laws may be improved in order to enhance the use of airspace and outer space for the benefit of all mankind.

Assessment

Take-home examination (maximum 7500 words): 100% OR Shorter take-home examination (maximum 3750 words) 50% and 4000 word assignment: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104

Leader(s): Karinne Ludlow

Offered

Clayton First semester 2009 (Day)

Synopsis

The unit provides an overview of the law regarding the undertaking and commercialisation of biotechnology and its outcomes. The unit focuses on Australian law and where relevant, the approach taken in overseas jurisdictions is included. Areas examined will include the laws with respect to research and development, product regulation, environmental and medical law. Topics include introduction to international regulation of biotechnology and problems in regulating science generally; national and state regulatory system for biotechnology; bioprospecting and biodiscovery - access to genetic resources; regulation of end product commercialisation; issues in human and animal technology.

Objectives

On completion of this unit students should:

1. have an understanding with the laws and regulations relevant to;
   1. the undertaking of biotechnology research generally in Australia as well as biotechnology research involving animal and/or human subjects including cloning and stem cell research;
   2. commercialisation of the outcomes of biotechnology; and
   3. bioprospecting;
2. have an application of the legal implications of current events on the law regarding the application of biotechnology in the commercial environment;
3. have a familiarity of treaty law applicable to biotechnology;
4. demonstrate a capacity to analyse and apply current biotechnology law to factual situations and an awareness of how those laws may be improved in order to enhance the use of biotechnology for the benefit of the community.

Assessment

Examination (3 hours plus 30 minutes reading and noting time): 100% OR Examination (2 hours plus 30 minutes reading and noting time): 70 % and assignment (2000 words): 30%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104

Leader(s): Justin Malbon

Offered

Clayton First semester 2009 (Day)

Synopsis

The unit will consider the main issues facing consumers purchasing goods or services:

1. misinformation;
2. unsatisfactory goods and services;
3. defective and dangerous goods; and
4. unfair contracts. The unit will consider the various regulatory responses to these issues, typically:
   1. non-legal controls e.g. codes of conduct;
   2. private law e.g. manufacturers' and retailers' liability for goods; unconscionable conduct;
   3. public law e.g. Trade Practices Act 1974. The course will consider how these various responses impact upon particular factual problems and will crucially assess the merits of the various responses to consumer issues using, economic and welfarist perspectives.

Objectives

The jurisdictions to be examined will be: Common Law: Australia, New Zealand, Canada; Common Law/Civil law: South Africa.

Assessment

Final examination (2 hours writing time plus 30 minutes reading and noting time): 70% Research essay (2,400 words): 30% OR the option of a final examination (3 hours writing time plus 30 minutes reading and noting time): 100%.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2100 or LAW2101 and LAW2102

Leader(s): Melissa Castan

Offered

Clayton First semester 2009 (Day)

Synopsis

This unit examines current developments in international and regional instruments and institutions that promote and protect the human rights of indigenous peoples. Comparative perspectives on the rights of indigenous peoples in common law jurisdictions such as Australia, Canada and New Zealand will be studied. Areas of focus include the definitions of indigenous peoples, the concept self-determination, collective and individual rights, land and resource rights, civil and political participation, and economic and cultural rights.
Please note that in 2009 this unit will involve the opportunity to participate in international videoconfrencing seminars with universities in North America and New Zealand

Objectives

Students will be able to:

• identify the key current issues regarding the recognition, protection and enforcement of indigenous rights by way of international and regional law and fora;
• understand the basic parameters of comparative law theory and methodology;
• research the major theoretical and practical issues about indigenous peoples from international, regional and comparative perspectives;
• comment on the prospect for reform of the legal rights of indigenous peoples, in the light of current legislative, judicial, political and comparative developments; and
• present written and oral analysis of complex problems involving indigenous peoples.

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time) 40% and Research Essay (3,200 words) 40% and Literature Exercise (1,600 words) 20%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Justin Malbon

Offered

Clayton Second semester 2009 (Day)

Synopsis

Fundamentals of commercial law emphasising the Australian approach. The nature of commercial law from a functional perspective and need for reform of the law of sale in Australia. Overview of personal property and concepts of transfer of ownership and bailment. Major topics are law of agency (types of agents, their authority and power, agency and other legal relationships), transfer of property in goods (contract of sale, transfer and reservation of property, transfer of title and remedies for the sale of goods), law of partnership (nature and formation of partnerships, relationship of partners amongst themselves, liability of partners, dissolution of partnerships and limited partnerships).

Objectives

1) To develop an understanding of the issues facing buyers and sellers in relation to the transfer of property in goods. 2) To give students an understanding of the state, national and international regulation of contracts for the sale of goods. 3) To develop in students the capacity to advise both buyers and sellers of goods about their legal rights in relation to the transfer of ownership of those goods. 4) To provide students with an understanding of the legal and commercial issues facing partners in their dealings with others and with third parties. 5) To develop an understanding of the legal and commercial issues involved in the relationship of principal and agent, both as between principal and agent and as between them and third parties. 6) To build on the skills and knowledge acquired by students in the prerequisite subject.

Assessment

Research assignment (2500 words): 30%
Examination (2 hours plus 30 minutes reading and noting time): 70% OR Examination (3 hours plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Offered

Not offered in 2009

Synopsis

The unit will cover the historical development and sources of International humanitarian law (IHL), the permissibility of armed conflict in international law, and how IHL regulates the conduct of armed conflict; eg the identification of lawful combatants, the protections afforded to combatants/prisoners of war, the differences between combatants and civilians, the protections afforded to civilians, and the regulation of the means and methods of warfare. It will also cover the differences between the regulation of international and non-international armed conflict; the role of defence forces, international organisations and humanitarian workers in situations of armed conflict.

Objectives

Upon completion of this unit, students should:

1. appreciate the historical development of international humanitarian law ('IHL');
2. have a comprehensive understanding of the sources of IHL, including the relevant international treaties, customary international law, and the domestic means of implementing the international norms;
3. understand and be able to analyse and critically comment on the permissibility of armed conflict in international law;
4. understand and be able to analyse and critically comment on the way in which IHL regulates the conduct of armed conflict; for example, the identification of lawful combatants, the protections afforded to combatants/prisoners of war, the differences between combatants and civilians, the protections afforded to civilians, and the regulation of the means and methods of warfare (including issues surrounding permissible tactics and weaponry);
5. understand and be able to critically comment on the differences in the regulatory regime between international and non-international armed conflict;
6. appreciate the role of defence forces and humanitarian workers in situations of armed conflict;
7. appreciate the differing roles played by the United Nations and other international organisations, such as the International Committee of the Red Cross, in securing IHL;
8. understand and be able to analyse and critically comment on the way IHL is enforced, including through ad hoc international 'war crimes' tribunals, the permanent International Criminal Court, and equivalent tribunals within domestic jurisdictions;
9. be able to analyse and critically comment on the theoretical debates surrounding IHL;
10. be able to understand, evaluate and apply policy arguments for and against reform of the legal protection afforded during international and non-international armed conflicts;
11. have an appreciation of current challenges to and debates surrounding IHL;
12. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to IHL;
13. further develop legal research, writing, and legal argument skills in the areas of IHL, particularly if they undertake the optional research assignment which requires systematic research into legal policy, theory, rules and procedures relating to IHL; and
14. further develop oral articulation of legal argument during class discussions.

Assessment

Research assignment (4,000 words): 50%
Examination (1.5 hours writing time plus 30 minutes reading and noting time): 50% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Offered

Not offered in 2009

Synopsis

Topics include: introduction to class actions; criteria for bringing a class action; costs and class action; compensating the class lawyer; settlement; financing class actions; and court regulation of communication with the class.

Objectives

Upon completing this unit, students should:

• appreciate the historical development of class actions (CA) or their equivalent;
• have a comprehensive understanding of the sources of CA in each of the target countries;
• be able to evaluate the aims, the means and the consequences of an effective class action device;
• understand the range of alternatives to a class action in individually non-viable claims;
• be able to evaluate the evolving role of the judiciary in both common law and civil law jurisdictions;
• understand the relative roles and powers of courts and the legislature in class actions;
• evaluate the role of the 'lawyer entrepreneur model'; and
• be familiar with the comparative method as it applies to class actions.

Assessment

100% examination (2.5 hours plus 10 minutes reading/settling time) OR 50% examination (1.5 hours plus 10 minutes reading/settling time) and 50% research paper (3500 words).

Prerequisites

LAW5104

Leader(s): Associate Dean, Undergraduate Studies

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)
Clayton Full year 2009 (Day)
Clayton Summer semester A 2009 (Day)
Clayton Summer semester B 2009 (Day)

Synopsis

This is a program of individual research and writing during two semesters on a legal topic or project which has been approved by the Research Committee of the Faculty of Law after consultation with the proposed supervisor. It is expected that some of those topics or projects will be associated with opportunities for placements or internships in legal services in the private or government sectors, including ones overseas.

Objectives

Student who successfully complete this unit 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 or papers (12000-15000 words): 100%

Prerequisites

LAW1100 OR LAW1101 AND LAW1102 OR LAW1104

Offered

Clayton Second semester 2009 (Day)
Clayton Summer semester A 2009 (Day)

Assessment

Memorial research and writing of two Memoranda (12,000 words each; group task): 50%
Mooting preparation and participation (group task): 50%

Prerequisites

LAW1100 OR LAW1101 AND LAW1102 OR LAW1104; LAW4122

Offered

Not offered in 2009

Synopsis

Topics include: security (nature of security, negative pledge, subordination); fixed and floating charges; everyday issues and common pitfalls in finance law; guarantees; insolvency issues; loans and debt finance; syndicated financing; project financing; aircraft financing; domestic and international capital markets; securitisation; derivatives, netting and set-off; and tax considerations.

Objectives

Upon completing this unit, students should:

• be familiar with the basic principles of the law and the practice of corporate finance;
• be familiar with legal and commercial aspects of various forms of debt finance, including secured and unsecured transactions and other forms of raising debt:
• understand the concept of the 'capital markets' particularly debt capital markets as a means of raising funds by Australian issuers in both the Australian domestic market and in the international capital market; and
• be able to analyse international financial transactions in the context of market practice having regard to the legal, contractual, regulatory and taxation regime in Australia, the Euro markets and, to a limited extent, the US market.

Assessment

Open-book examination (2 hours plus 30 minutes reading and noting time), 70%, and preparation and participation in the assigned seminar together with submission of a short paper, 30%.

Prerequisites

LAW2100 OR LAW2101 and LAW2102

Leader(s): Associate Professor Judd Epstein with Neil Brooks

Offered

Not offered in 2009

Synopsis

This unit is a comparative study of the discrete tax expenditures that every country embeds in its tax system in order to achieve law's goals and values. The seminar will examine those specific issues and policies that are the subject of current interest to policy analysts and are of the most interest to the students in the seminar.

Assessment

A 4,000 word research essay 50% and open book exam 1.5 hours plus 30 minutes reading and noting time 50%

Leader(s): Ross Hyams

Offered

Clayton Second semester 2009 (Day)

Synopsis

This subject unit takes a radically different approach to the study of law by focusing on forms of conflict management, dispute prevention and dispute resolution outside the adversarial system. It examines ways of lawyering that employ non-adversarial, psychologically beneficial, and humanistic methods of solving legal problems, resolving legal disputes and preventing legal difficulties.
Traditional legal education, with its focus on case law and judicial decision-making, tends to overstate the importance of both law and litigation in resolving disputes. This subject aims to equip law students with the knowledge they need to work with and think about non adversarial processes, an essential element of lawyering in the twenty-first century.
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 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 residence of children after separation, decisions about where to locate hazardous materials sites and in truth and reconciliation commissions.
This subject starts by critically examining our adversarial legal system and how 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. Students will learn about a range of non-adversarial processes and the theories behind them. 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. Students will be asked to reflect upon the role that lawyers can and do play in non-adversarial processes and upon the ethics of legal practice in such circumstances. Role plays may be used to assist with gaining understanding in this area.
As part of their assessment, students will be asked to observe a legal process such as a court hearing. They will be asked to take notes on what they see and evaluate the process from the perspective of participants and how it impacts upon them. Students will be expected to suggest changes to practice, policy or law that would improve the process. It is anticipated that this exercise will assist students to develop skills in observation and critical analysis of legal processes including making recommendations for change or law reform. In preparation for this exercise, students will be provided with information about how to conduct observations, how to analyse such information and on the law reform process.
A research essay will 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 non adversarial processes that are employed in a range of different fields, include:
mediation (including some of the newer practices in the mediation field)
arbitration
conciliation
facilitation
negotiation
ombudsmen schemes;
managerial justice (case management)
restorative justice schemes
truth and reconciliation commissions
Examples of specific dispute resolution services or specialist courts that may be studied include;
Community justice and dispute resolution centres (including the new Collingwood Neighbourhood Justice Centre)
The new Family Relationship Centres;
Drug Courts;
Family Violence Courts;
Children's Court;
Koori/Murri Courts;
Mental Health Courts;
The Family and Federal Magistrates' Courts;
Coroner's Court
Royal Commissions;
Administrative tribunals;
Group Conferencing schemes;
Victim/offender reconciliation/mediation programs;
Healing circles; and
Sentencing circles

Objectives

Upon completion of this unit, students should:

1. be able to critically analyse the nature of the adversarial system, 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 civil and criminal and international law, including some that relate to criminal offences, disputes following separation/divorce, workplace and industrial disputes, native title, neighbourhood disputes, environmental disputes, administrative and commercial law;
5. be able to critically analyse each of the 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 an adversarial legal system;
7. be able to appreciate the complexities of the relationship between law and non-adversarial processes;
8. be able to explain how courts can apply principles of non-adversarial juctice;
9. understand how lawyers can and do their 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 lawyers and other professionals working with non-adversarial processes; and
11. develop skills in observation and critical analysis of legal processes including making recommendations for changes or law reform.

Assessment

An observation/placement assignment (1600 words): 20% A research essay (3200 words): 40%. Take home exam: 40%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Offered

Prato Trimester 2 2009 (Day)

Synopsis

The seminar touches on the most fundamental public policies issues that our society faces: economic growth and wealth distribution. Selected government responses will be analysed from nations chosen to represent varying solutions in the following areas: optimising income tax, income taxations vs consumption taxation, tax and economic growth - accelerated depreciation, international tax policy, and environmental taxation. The unit will both begin with and conclude with an overview of basic tax policy and tax policy and utilitarianism and concepts of progressive taxation.

Objectives

Upon completing this unit, students should:

1. Be able to compare and contrast the roles of governments in selected countries in a market economy;
2. Be able to analyse the efficiency and equity of varying government policies on taxation;
3. Appreciate the degree of redistribution in the tax and transfer system; whether income or consumption should be taxed; whether corporations or individuals should remit taxes;
4. Apply the above skills in undertaking three written research and analysis papers.

Assessment

Three (3) 2500 word research and/or thought essays (including footnotes) 100%. Each student will choose individually the topic of each essay.

Contact hours

36-39 hours instruction, meeting in 3-hours classes over 3.5 weeks. The private study for class will be between 6-9 hours pre assigned material for each 3-hour class.

Leader(s): Judd Epstein and Christine Haight Farley

Offered

Not offered in 2009

Synopsis

Topics: Introduction and Background; History of Treaty Protection; Registration and the Madrid Agreement; The Paris Convention; Trade Related Aspects of Intellectual Property (Trips); Enforcement Under Trips; The European Union and Community Trademark; Regional Treaties; Bilateral Treaties; Trademarks, Goodwill and the "Use" Problem; Territoriality and Extraterritorial Enforcement; The Protection of Famous and Well-Known Marks; Unfair Competition Under International Law; The Subject Matter Of Trademarks; Geographical Indications; Conflicts Concerning Designation of Origin; Trade Dress and Industrial Design; Right of Publicity; Trademark Law from Developing Country Perspective; Gray Market Goods/Parallel Imports; Border Measures; International Piracy; Domain Names; International Trademark Licensing.

Objectives

Upon completing this unit, students should

• be familiar with the principal international conventions in the field of trademark, including bi-lateral and regional treaties;
• understand trends towards greater reciprocity and the emergence of new jurisdictional issues raised by the Internet; and
• be able to compare and contrast approaches in the USA and the EU and be familiar with efforts towards harmonization.

Assessment

Final exam- open book 100% OR Final exam - open book 75% AND Research Paper 25%.

Contact hours

9 hours of classes per week for 4 weeks.

Leader(s): Judd Epstein and Douglas J. Sylvester

Offered

Not offered in 2009

Synopsis

This unit provides students with an introduction to the complex and multifaceted relationship between United States domestic law, international law, and foreign relations policy choices. Students will be exposed to aspects of United States Constitutional law, judicial decisions, statutes, treaties, charters of international organizations, and various pragmatic doctrines that shape United States attitudes toward law and foreign relations. Among the topics that students will explore are United States-specific approaches to the laws of war, treaties, customary international law, regulation of commerce, sovereign immunity, and the specific and idiosyncratic limitations imposed on United States foreign relations law by federalism.
In addition to these broader themes, students should leave the course with a better understanding of the legal issues that shape United States foreign policy. In so doing, we will explore such current topics as the war on terror, globalization and trade, human rights, dispute settlement, and human rights.

Objectives

1. To provide non-United States law and graduate students with a broader perspective on the evolution, current status, and doctrines underlying US legal policy towards international law.
2. To examine critically US policy towards incorporation of international legal norms in domestic law.
3. To engage students in close examination of constitutional, precedential, doctrinal, and statutory sources that define United States Foreign Relations Law.

Assessment

90% final examination (open book) - 2 hrs 30 minutes plus 30 minutes reading and noting time; 10% class participation.

Contact hours

The 36 hours of classes will be conducted in intensive lectures and student interaction in 9 hours of classtime per week for 4 weeks.

Leader(s): Judd Epstein, Poonam Puri and Cynthia Williams

Offered

Prato Trimester 2 2009 (Day)

Synopsis

The object of this unit is to examine the regulatory requirements for specific types of capital market transactions in Canada, the EU, the UK and the US. Subjects to be covered including the securities regulations affecting the issuance of securities, the disclosure requirements once securities are being traded in the secondary market, shareholders' rights, the securities aspects of takeover regulation, and definitions and prohibitions on insider trading.

Objectives

On completion of this unit students should:

1. Understand the legal frameworks for capital market regulation in Canada, the EU, the UK and the US, and the relationships between these systems of regulation and corporate governance reforms.
2. Understand the varying regulatory philosophies and challenges informing the relevant capital market regulators in the different jurisdictions.
3. Be able to critically evaluate the pressures brought to bear on national systems of capital market regulation in light of globalization and increasing shareholder activism by hedge funds; private equity and socially-responsible investors.

Assessment

Examination (24 hour take-home) 4 Questions 100% OR Examination (24 hour take-home) 2 Questions 50% AND Essay 4,000 words 50%

Contact hours

The 36 hours of classes will be presented in a semi-intensive format of 9 hours of classes for 4 weeks.

Prerequisites

LAW1101, LAW2102, LAW2201

Leader(s): Judd Epstein and Tom Johnson

Offered

Not offered in 2009

Synopsis

Through this course, we will explore and critique some of the basic assumptions made by multilateral donor agencies about the role of legal norms in economic development.

The course begins with a survey of theories of development. Then we explore the principles and policies of the legal and institutional framework for secured transactions in real (immovable) and personal (movable) property in both the common and civil law traditions. Next, we will examine the assumptions of multilateral donors, by analysing the development theories and policies in their published documents. Finally, we will review the structure of loan programs for secured transactions in developing countries, evaluate the basic assumptions underlying these programs, and assess the likelihood of success of specific projects in Latin America, the Caribbean, Eastern Europe and Central Asia.
In the past few decades, multilateral development agencies have focussed on the role of law and legal institutions as central structural elements for economic development. In the financial sector, they have designed and implemented programs to strengthen financial institutions and lending practices as a means of increasing economic development. Secured transactions have been a key element in these programs. Traditionally, lenders in developing countries favoured land as collateral in secured transactions. However, since the early 1990s the multilateral agencies shifted their focus to secured transactions in personal property, in an effort to provide access to credit for small and medium-sized business enterprises that do not own land. The traditional argument made by the donor agencies is that strengthening secured transactions regimes would encourage broader lending practices among financial institutions in developing countries.
Access to credit in developing countries is not the only concern of multilateral agencies. Over the past decade, these donors have become increasingly involved as participatory lenders through their private sector investment institutions, such as the International Finance Corporation and the European Bank for Reconstruction and Development. Without a stable secured transactions regime, the investments of their private sector institutions would appear to be at risk, especially where funds are committed to infrastructure development.
In pursuing their goals, donors have spent billions of dollars on programs that rest upon a wealth of assumptions about "necessary" legal and institutional frameworks for secured transactions and lending practices. Although these assumptions have changed over time, and with them the policies and practices of donor agencies, it is still questionable whether transformation of the legal and institutional frameworks can promote access to credit in developing countries, or guard against the exposure to risk that donors face in their private sector investments.

Objectives

Upon completing this unit, student should:

• understand the role and function of multilateral development agencies at an institutional level;
• be familiar with theories underlying economic development projects;
• be able to compare the conceptual foundations of secured transactions in the Common and Civil Law traditions;
• understand the role that multilateral agencies ascribe to secured transactions in relation to economic development;
• understand how development theories and policies translate into loan programs for secured transactions in developing counties; and
• have the requisite theoretical and analytical skills to assess the likelihood of success of these projects

Assessment

Open-book examination (2 hours 30 minutes and 30 minutes reading time) - 80%; and preparation for and participation in the assigned seminar together with submission of short response papers - 20%.

Contact hours

The 36 hours of classes will be presented in a semi-intensive format of 9 hours of classes per week for 4 weeks.

Leader(s): Judd Epstein and Glonti Georgi

Offered

Not offered in 2009

Synopsis

Part I, "Understanding Criminology", presents an overview of criminology - now made more exciting via integrated coverage of terrorism and related crimes - and describes the vast horizon of this science. It explains what crime is and techniques for measuring the amount and characteristics of crime and criminals. It also traces the history of criminological thought through the era that witnessed the formation of the major schools of criminology, classicism and positivism (eighteenth and nineteenth centuries).
Part II, "Explanations of Crime and Criminal Behaviour", includes explanations of crime and criminal behaviour on the basis of the various theories developed in the twentieth century. Among the subjects covered are theories that offer biological, psychological, sociological, socio-political, and integrated explanations. Coverage of research by radical, socialist, and feminist criminologists has been updated. Theories that discuss why offenders choose to commit one offence rather than another at a given time and place are also covered in this part.
Part III, "Types of Crime", covers the various types of crimes from a legal and sociological perspective. The familiar street crimes, such as homicide and robbery, are assessed, as are other criminal activities such as white-collar and corporate crime, which are so much in the spotlight these days, as well as other high-tech crimes that have been highlighted by researchers only in recent years.

Objectives

Upon completing this unit, students should

• understand crime as a social phenomenon;
• have participated in theoretical debates, contributed ideas, and been exposed to solutions to the problems of crime;
• understand the threat posed by terrorism and by white collar crime;
• be exposed to contrasting approaches to controlling terrorism;
• be exposed to contrasting approaches to controlling white collar and corporate offences; and
• be familiar with international research and statistical information on the critical issues facing the field of contemporary criminology

Assessment

Research assignment (2,000 words): 25% and final open-book exam (2 hours 30 minutes plus 30 minutes reading time): 75%.

Contact hours

The 36 hours of classes will be presented in a semi-intensive format of 9 hours of classes per week for 4 weeks.

Offered

Prato Term 2 2009 (Day)

Synopsis

All societies grapple with the issues of ensuring compliance with criminal laws, establishing appropriate forms of punishment, and implementing those punishments in acceptable and effective ways. This unit focuses on theories, institutions and processes relating to the legal system's response to breaches of the criminal law, in a range of comparative jurisdictions. Students will examine theories of punishment, approaches to and options for sentencing, contributions being made in various jurisdictions by therapeutic jurisprudence and restorative justice, and different approaches to the use of imprisonment. Students will also examine the operation and management of imprisonment in a range of jurisdictions, including issues of discipline, drug use, gender and ethnicity, and human rights.

Objectives

On completion of this unit students will have acquired or developed

1. an understanding of the objectives and theories of sentencing and punishment;
2. a knowledge of current global legal, political and social perspectives on sentencing and punishment;
3. an understanding of theories of punishment, and sentencing alternatives, in a range of comparative jurisdictions
4. the ability to independently research and critically analyse problems in the enforcement of the criminal law; and
5. the ability to think critically about the principles and institutions which relate to punishment.

Assessment

Research essay 30% (2400 words) (optional)
10% class presentation and discussion
Examination: 60% exam - 2hr (plus 30 minutes reading and noting time) with the optional essay OR 90% - 3hr (plus 30 minutes reading and noting time) without the optional essay.

Leader(s): Dr Normann Witzleb

Offered

Clayton Second semester 2009 (Day)

Synopsis

The unit in Remedies will consider the remedial goals of the common law, equity and some important statutes, as well as examine the legal rules and principles which give effect to these goals.
The focus will be on damages and coercive remedies. The course will begin by studying the principles underlying compensation before moving to restitution, punishment and coercion. While it will not be possible to look at every general law remedy, the major topics concerning the assessment of damages in tort and contract, misleading or deceptive conduct and for breach of equitable obligations will be studied.
Among the questions to be considered are:

• With compensatory damages being the primary remedy for many torts and for breach of contract, what role is there for punishment and gain-based damages in our law of civil obligations and what remedies give effect to these goals?
• Why are the compensation rules for tort different from those for contract? How are they different?
• How do the doctrine of mitigation and other limiting factors affect compensation in common law?
• In what ways does the assessment of damages for misleading or deceptive conduct differ from damages in tort and contract?
• Is compensation assessed differently where there is a breach of an equitable obligation? Should it be?
• When are injunctions and specific performance available, and what factors affect their availability?

Objectives

On completion of this unit, students should:

• have gained a good understanding of the law of remedies as a legal discipline and an area of practice
• understand and be able to explain the various goals of remedies
• appreciate the interaction between causes of action and remedial responses
• have acquired specific knowledge in the areas of damages for torts, breach of contract and misleading and deceptive conduct; equitable compensation and coercive relief
• have developed a critical understanding of contemporary issues in Remedies Law
• have developed and demonstrated their ability to engage in informed and articulate oral discussions on issues in Remedies Law
• have developed and demonstrated the ability to independently research, analyse and write on issues in Remedies Law
• be able to solve practical problems that involve the Law of Remedies and to prepare clear and accurate written advice for clients

Assessment

Option A
Assignment - (a) legal opinion (2800 words, 35%) and (b) letter of advice (400 words, 5%): 40%; class participation: 10%; final examination (2 hours
30 mins reading & noting, open book): 50%

Option B
Class Participation: 10% and final examination (3 hour
30 mins reading & noting, open book): 90%

Contact hours

There will be a 2 hour seminar and a separate one hour class, the latter generally in the form of a workshop class. It is expected that students prepare for each class, with an average of 3 hour private study for each contact hour.

Prerequisites

LAW2102 and LAW2202

Co-requisites

LAW4169

Leader(s): Professor HP Lee

Offered

Clayton First semester 2009 (Day)

Synopsis

The contents of the unit will be varied depending on topical issues pertaining to the judiciary as they arise from time to time. But it would include many if not all of the following:

• The Judiciary as a branch of government. This will entail an exploration of the concept of judicial independence and its interrelationship with the doctrine of separation of powers. It will focus on the standards for judicial independence as prescribed by international instruments. The relationship with other branches of government will be analysed.
• Appointment of Judges and Conditions of Service This topic will examine on a comparative basis judicial appointment processes and the criteria for judicial appointment. The implications of appointing acting, reserve and part-time judges, the conditions of service, judicial education and disputes about entitlements to hold and exercise judicial office.
• Removal, Suspension and Discipline of Judges What constitutes 'judicial misbehaviour'? A study of removal mechanisms from various jurisdictions and the grounds for removal from judicial office. The constitutional dimensions of suspension of judges. Mechanisms to deal with complaints against judges with particular attention to the Judicial Officers Act 1986 (NSW).
• Judicial Officers and the Rule Against Bias Disqualification of judges and recusals. Public Interest and Private Interest and Codes of Ethics. The involvement of judges in extra-curial activities will be considered, especially conducting commissions and committees of inquiry.
• Modes of Protecting the Judicial Institution A general consideration of contempt of court and attacks on the judiciary. Criticism of the judiciary and the proper limits. Offences relating to the administration of justice. The scope of judicial immunities. Parliamentary conventions relating to the judiciary.
• Judicial Accountability The concept of accountability. Meaning of 'open' court. A duty to give reasons; appeals and reviews. The relationship between the courts and the media. Judicial involvement in public controversies.

Objectives

On completion of this unit students should

• have developed an in-depth understanding of the fundamental notions of judicial independence and judicial accountability, with particular reference to international guidelines and norms
• have acquired an appreciation of the contemporary challenges relating to the Australian judiciary from a comparative perspective
• be able to evaluate critically the exercise of judicial power, particularly in times of crisis
• be able to evaluate proposals to reform the judicial institution.

Assessment

Compulsory research paper 4000 words: 50% and 2 hour written examination (plus 30 mins reading and noting time): 50%

Contact hours

Average number of three hours of contact hours per week over 13 weeks. An additional nine hours private study/preparation and research work per week.

Prerequisites

LAW1101 and LAW1102 OR LAW1104

Offered

Prato Trimester 2 2009 (Day)

Synopsis

Topics will include:

1. The nature of accident and injury prevention and reduction
• Characterizing the approach - engineering, health
• The law's development - criminal law, civil law, legislation regulation
• Compensation - fault, no fault, de-legalisation
2. An analysis of driver behaviour
• The role of accident investigation and reconstruction
• Legal relevance and evidentiary methods
• Criminal law and civil (non-criminal) law
3. The Roadside Environment
• Road Safety Audit
• Black spot programs
• Choice of defendants - Central Road Authorities, Local Government Units
• Case developments - comparative
4. Vehicle manufacture and maintenance
• Crash experiments - dummies and testing
• Vehicle design rules
• Standards and development
• Case developments - comparative
5. Vulnerable Road Users
• The young and elderly
• Pedestrians
• Cyclists:
  1. Educations programs;
  2. Technology - penguins and sea gulls;
  3. Case development - comparative;
  4. Legislation and regulation.

Objectives

Upon completing this unit, students should:

1. understand the history and philosophy of the law with regard to road crashes from an Australian and transnational perspective;
2. be exposed to the history and philosophy of science and engineering with regard to road crashes;
3. be able to combine material from engineering, psychology and law to fashion a response to road crashes; and
4. experience accident investigation, prevention and reconstruction and be exposed to the tools available for forensic advocacy.

Assessment

Examination - Open Book 2 hours (plus 30 mins reading & noting time): 50% PLUS ONE of the following (student's option):Research paper 4000 words:50% OR Two case Studies (2000 words, 25% each): 50% OR Class presentation (25%) AND One case study (2000 words, 25%) 50%.

Contact hours

Students will have 36 contact hours of instruction meeting in 3-hour classes over 3.5 weeks. The private study for class will be approximately 9 hours of pre-assigned materials. There will be an escorted tour to the Crash Test Facility of the University of Florence in Sesto Fiorentino.

Offered

Prato Trimester 2 2009 (Day)

Synopsis

Topics include:

• The nature(s) of art
• Interpretation in law and art, and their possible interrelationships
• Overview of selected general issues and questions in "art law"
• Core principles and structures of public and private international law
• Ways of thinking about transnational law
• Commodity theories of law and their relevance to art law
• Protection of expression in international and comparative human rights law, and the relevance for transnational art law
• Art, looting and the laws of war
• Art, global cities and law as barrier/facilitator
• Art, theft and transnational cooperation to recover stolen objects
• Art, local heritage and protection of cultural property
• Art and the tax law implications of charitable gifts across borders
• Art and copyright in cyberspace
• Art, international trade law and protectionism
• Art, transnational celebrity and appropriation of personality.

Objectives

Upon completing this unit, students should:

1. understand art law and the relevance and desirability of thinking in terms of "transnational" dimensions of law;
2. understand and distinguish between private and public international law, conflict of laws, comparative law and a transnational perspective;
3. contrast the concept of beginning with municipal sources of law with focusing on the law's relationship to empirical realities (actors, phenomena, physical space, objects); and
4. be able to discuss the relevance for law of the tension between art as a commodity and art as an aesthetic and expressive practice.

Assessment

Four (4) critical commentaries based on assigned materials and class discussion each 2,000 words long.

Contact hours

Students will have 36 contact hours of instruction meeting in 3-hour classes over 3.5 weeks. The private study for class will be between 6-9 hours of pre-assigned materials. Guided site visits to the major art museums in Florence and Prato, as well as with significant actors in the Art Law World - e.g. those responsible for recovering stolen art works - may be offered.

Offered

Prato Term 2 2009 (Day)

Synopsis

Topics covered are:

1. Introduction and history of the GATT/WTO system
2. The nature of disputes and dispute settlement
3. Dispute settlement organs of the WTO
4. Dispute settlement rules and procedures
5. Elements of non-violation complaints and GATT/WTO jurisprudence
6. Jurisdiction, standing and essential elements of a claim:
1. against whom may a claim be brought? (ii) the proper complainant; (iii) activities which may be challenged
7. Consultations, arbitration and alternative dispute resolution:
1. consultations; (ii) good offices, conciliation and mediation; (iii) arbitration
8. Establishment of the panel process:
1. panel composition; (ii) terms of reference
9. Panel functions, process and procedure:
1. powers and obligations of panels; (ii) due process and procedure; (iii) timing and urgency; (iv) substantive stages of the panel process; (v) multiple complaints and joinder; (vi) third party rights; (vii) standard of review; (viii) panel report - recommendations and rulings
10. Sources of law and their interpretation
11. Evidence, fact finding; burden and standards of proof
12. Implementation and remedies
13. Appeals and the apellate process:
1. appellate Body Jurisdiction; (ii) rights to appeal; (iii) grounds of appeal - Law vs Facts
14. Additional dispute settlementpProvisions - treatment of developing countries.

Objectives

A candidate who has successfully completed this unit should:

1. be familiar with the history and objectives of the GATT and WTO and ongoing negotiations;
2. be familiar with the major WTO dispute settlement bodies and their decisions (by ad hoc panels and the appellate body);
3. be able to explain the approach of the WTO to evidence and to procedure; and
4. understand the key challenges that apply to national import and export behaviour and explain the likely outcomes, through the cases, and other dispute resolution techniques.

Assessment

Open book examination (3 hours): 75%; assigned seminar presentation: 10%; and short response papers (3 x 400 words each):15%

Contact hours

The 36 hours of classes will be presented in 3.5 weeks. The remainder of the student workload of 108 hours will consist of pre-reading prior to class, preparing for class participation, researching and writing an assignment, and preparation for the final examination.

Offered

Prato First semester 2009 (Day)

Synopsis

Law is represented in film in various ways, both direct and implicit. Law is present not only in films that explicitly depict legal proceedings (such as courtroom dramas). Often the legal relevance is implicit, though central to the insights evoked by the film. Such are cinematic engagements with issues such as equality, justice, truth and the interrelationship between individuals and individuals and public.

The abundance of films that relate to law has two important impacts. Firstly, the cultural perception of law and our expectations from law stem, to a large extent, from cinematic articulations. Secondly, legal institutes and legal norms are influenced by the representation of law in films.

In the course we will discuss these impacts, and illustrate them by using films and theoretical writings.

Objectives

1. Drawing on a multidisciplinary perspective, we will examine possible explanations of the salience of law as an object of cinematic representation and characterize the ways in which legal stories are told through the cinematic medium. Such characterization will refer, inter alia, to the distinct forms of narrativity and iconography through which law is represented in film. It will be based both on familiarizing students with key concepts in film theory, and on analyzing the representation of law in a cluster of influential films drawn from different legal cultures.
2. We will consider the added value which students of law might acquire through gaining a systematic theoretical understanding of how law is represented in film; for example, we will consider how cinematic representations contribute to our understanding of some major problematics in socio-legal studies (e.g. the relation between "law and books" and "law in action" and the relation between "procedural justice" and "substantive justice").
3. We will seek to characterize the conceptual resemblance (as well as differentiation) between law and cinema as two mediums through which we construct the meaning of social reality. This investigation will be based on familiarizing the students with key aspects of the poetics of cinema and the poetics of law.
4. We will examine the role played by visibility in the legal process, and consider the possible contribution of the analysis of visual expression in film theory for understanding the way in which imageries are being produced within the courtroom (these imageries are produced, for example, by lawyers while representing factual events, or by the legal system for legitimating the judicial authority to impose an enforceable interpretation of these events). These questions shall be explored from both conceptual and historical perspectives, with specific focus on discerning the influence of novel forms of visual technology, mainly the Internet and digital technologies, on contemporary legal practices and on law's epistemology.
5. As a recent contribution to the broader terrain of "law and" disciplines, we will conclude by assessing the distinctive contribution of "law and film" to interdisciplinary legal scholarship at large.

Assessment

One research and reflective paper (5,000 words): 100%; optional class participation 10% (in which case the paper will count 90%).

Contact hours

Students will have 36 contact hours of instruction meeting in 3-hour classes over 3.5 weeks. The private study for class will be between 6-9 hours pre-assigned materials and review of the last class for each 3-hour class.

Offered

Not offered in 2009

Synopsis

Topics include: the rules governing companies that seek to raise funds from the public; regulation of the securities industry in Australia and the regulation of takeovers; the securities industry; the nature of securities; the regulation of the stock exchange, brokers and other dealers; proscribed market practices; the regulation of offerings of securities the aims and objectives of takeover legislation; the regulation of takeovers; the policies and perspectives underlying these regimes; the impact of the legislative reforms currently occurring in this area.

Objectives

Students who successfully complete this unit should

1. understand the operation and regulation of the securities industry in Australia;
2. be able to analyse and examine critically the present regulatory regime from different perspectives and have an appreciation of the dynamics of the current and continuing process of reform of corporate and securities law;
3. have a clear and detailed knowledge and understanding of the structure and regulation of primary and secondary securities markets in Australia;
4. understand the aims and objectives of the Australian scheme for the regulation of company takeovers and have a basic knowledge of the details of the regulatory scheme;
5. have improved skills in statutory interpretation and drafting as a result of the detailed consideration of some of the most technical aspects of the Corporations Law which are dealt with in this subject and
6. have a greater understanding of the fundamental policy of disclosure and investor protection which is the basis of the Australian regulatory scheme for public companies.

Assessment

Research assignment (3000 words): 30%
Examination (2 hours writing time plus reading time): 70% OR Examination (3 hours writing time plus reading time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW4171

Leader(s): Tania Penovic (Semester 1); Karinne Ludlow (Semester 2)

Offered

Clayton First semester 2009 (Day)
Clayton Second semester 2009 (Day)
Clayton Summer semester A 2009 (Day)
Clayton Summer semester B 2009 (Day)

Synopsis

The focus of the unit is the major steps in litigation. Using the Rules of the Supreme Court of Victoria, the chronology of a civil proceeding from the decision to sue until the matter is ready for trial is examined.

Objectives

Students who successfully complete the unit should

1. understand the sequence, steps and documentation of common law and commercial litigation;
2. be familiar with the major sources of law and research tools in the area of civil procedure;
3. be able to categorise an arising fact situation and apply the relevant substantive law to the applicable procedural step;
4. recognise and select the requisite procedural document;
5. be able to draft elementary pleadings;
6. be sensitised to the use and abuse of civil procedural devices, especially costs and delay; and
7. be aware of the theoretical underpinnings of our procedural system.

Assessment

Drafting Unit:25% and Examination (3 hours plus 30 minutes reading and noting time): 75% OR Optional case-based assessment exercise: 25% and Drafting Unit: 25% and Examination (2 hours plus 30 minutes reading and noting time): 50%

Contact hours

Three hours of lectures per week and 6 hours of drafting tutorials (optional). Also taught intensively over Summer A.

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Offered

Not offered in 2009

Synopsis

The focus of the unit is the major steps in litigation. Using the Rules of the Supreme Court of Victoria, the chronology of a civil proceeding from the decision to sue until the matter is ready for trial is examined.

Assessment

Drafting Unit:25% and Examination (2.5 hours plus reading time): 75% OR Optional case-based assessment exercise: 25% and Drafting Unit: 25% and Examination (1.5 hours plus reading time): 50%

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104

Offered

Not offered in 2009

Synopsis

The nature, functions and variety of secured lending transactions; real property securities; chattel securities; receivables financing. Company securities. Romalpa clauses. Guarantees. Personal property securities reform.

Objectives

Students completing this unit will

1. acquire an understanding of the functions of credit and security;
2. be familiar with the different forms of secured lending transaction and the reasons for their development;
3. appreciate the factors likely to determine the choice of a particular secured lending instrument;
4. have a sound grasp of the legal and equitable concepts which underpin the different forms of transaction;
5. be familiar with the ways in which the different forms of transaction are regulated;
6. be able to solve problems arising out of the application of case and statute law to particular kinds of transaction; and
7. identify weaknesses in the current law and be able to argue the case for reform.

Assessment

Assignment (3000 words): 30%
Examination (2 hours writing time plus reading time): 70% OR Examination (3 hours writing time plus reading time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102; LAW3400 or LAW3401 and LAW3402

Offered

Not offered in 2009

Synopsis

Topics will be drawn from the following: Methods of criminological research. Ideology and crime. Theories of crime and criminal behaviour. The sociology of criminal law. Legal and medical models. Imprisonment and prison reform. Organised and white collar crime. Sexual offences. Victimology and crime prevention. Other topics may be added in response to new developments.

Objectives

On completion of this unit students should have

1. been introduced to modern criminological thought by reference to contemporary issues and problems;
2. developed an awareness of the contributions the biological, psychological and social sciences make to an understanding of the processes by which crime is defined, laws are broken and communal reactions to breach of the criminal law are shaped; and
3. developed library and empirical skills in criminological research.

Assessment

Online assessment module: 20%
Research assignment (3,000 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 40% OR Online assessment module: 20%
Examination (2 hours writing time plus 30 minutes reading and noting time): 80%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3300 or LAW3301 and LAW3302

Leader(s): Louis Waller

Offered

Clayton First semester 2009 (Day)

Synopsis

Topics include: medicine and science in the service of the law, including the organisation of the medical profession; biomedical forensic science; scientific evidence and its collection at the scene of a crime; forensic chemistry; forensic photography; firearm examination and tool marks; fingerprint evidence; forensic pathology; forensic odontology and the identification of victims; traffic medicine; the examination of victims of assault; DNA evidence in the courts; prototypes of police investigation; the State Coroner's system; forensic psychiatry and psychology and issues of criminal responsibility; medico-legal reports in the courts.

Objectives

Students completing this unit should have a comprehensive understanding, as law students, of forensic medicine, encompassing forensic pathology, clinical forensic medicine, forensic odontology, forensic psychiatry, forensic psychology and forensic science. Students will be familiar with the organisation and operation of the Victorian Institute of Forensic Medicine, the Victorian Forensic Science Centre and the Coroner's Court. They will be aware of the challenges presented and the tensions which arise when expert evidence is tendered in the adversarial system of justice employed in Victoria and in Australia as a whole. Students will be able to carry out effective research accessing materials in data bases in the biomedical and scientific fields as well as in law.

Assessment

Class tests: 2 x 10%
Research paper (2500-3500 words): 30%
Examination (2 hours writing time plus 30 minutes for reading and noting time): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302. Manual enrolment at Student Services or via email request from Monash email account.

Leader(s): Richard Fox

Offered

Clayton Second semester 2009 (Day)

Synopsis

Topics which form the core material include: the history of federal involvement in the criminal law; federal policing agencies; the sources and nature of federal criminal procedure; the relationship of federal criminal law to state criminal law and to state courts; and the sentencing structures for federal offenders. Additional emerging topics of federal interest may be added from year to year.

Objectives

On completion of this unit students should

1. be familiar with the sources and significance of federal criminal law in the Australian criminal justice system;
2. have an overview of the contents and an understanding of the special features of federal criminal law and procedure and federal sentencing law and how these elements relate to state criminal law systems; and
3. have a critical understanding of the possible future shape of federal involvement in the criminal law sphere.

Assessment

Research assignments: 80%
Class participation: 20%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302

Leader(s): Richard Fox

Offered

Not offered in 2009

Synopsis

This course deals with the legal framework within which offenders are sentenced, locally, nationally, and internationally. It will examine sentencing principles applicable under state and federal law in Victoria as well as those developed overseas in relation to sentencing guidelines and sentencing commissions. The course will examine the 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; and the opportunity for public and victim input. Main sentencing measures and procedures (such as on-the-spot fines) being currently utilised will be explored. The problems of sentencing special offender groups, such as corporate offenders, and special sanctions such as forfeiture of the proceeds of crime, will also be examined if time allows. A typical allocation of topics would be:

1. Introduction to the legislative, judicial and executive framework of sentencing authority in a federal system of government.
2. Content of the Sentencing Act 1991 (Vic) & Crimes Act 1914 (Cth), part .
3. Courts exercising sentencing powers.
4. The sentencing hearing - role of the trial judge; roles of prosecution and defence counsel; victim impact statements; the role of the Sentencing Advisory Council; role of the media and the community.
5. Evidentiary rules and burden of proof at the sentencing hearing.
6. Plea making mitigation and aggravation.
7. Philosophical underpinning: retribution v. rehabilitation (treatment v. punishment), community protection, proportionality; mitigation and mercy.
8. Main sanctions - fiscal; incapacitation; community-based; restorative justice models; conviction v. non-conviction orders; the significance of the offender's consent to sentence.
9. Special offender groups e.g. corporations; juveniles; sex offenders; intellectually disabled.
10. Controlling sentencing discretion - the various models.

Objectives

Upon completing this unit, students should:

1. possess an overview of the legal framework within which offenders against federal and state law in Victoria are sentenced or subjected to other measures such as civil action for forfeiture of proceeds of crime under state or federal law, or administrative sanctions such as infringement notices, or other post sentence sanctions such as control orders, or orders made under the Sex Offenders Registration Act 2004 (Vic);
2. appreciate the role that specialist courts have in relation to the sentencing of children, young offenders, drug dependent persons, and Koorie offenders;
3. recognise the non-judicial, as well as the judicial components of sentencing;
4. have obtained an overview of different philosophical underpinnings of the sentencing systems, particularly the conflict between rehabilitation and retribution; and
5. be aware of some of the overseas developments in sentencing, especially administrative and legislative efforts to limit the scope of judicial discretion in imposing sentence.

Assessment

Examination: Open book 100% (10 minutes reading time plus three hours writing time)
OR Open book 50% (10 minutes reading time plus two hours writing time)AND an individual Research paper of 4,000 words 50%.

Contact hours

Three 3 hour semi-intensive lecture/seminars each week over a period of four weeks.

Prerequisites

LAW3300 or LAW3301 and LAW3302

Leader(s): Kwame Mfodwo

Offered

Clayton Second semester 2009 (Day)

Synopsis

UNCLOS III - Freedom of Navigation; Right of Transit issues - Admiralty - Introduction to basic principles - International Carriage of Goods; Insurance; Liability - Ship Registration; Flags of Convenience - MARPOL; the London Convention - Port-State Authority - legal regimes (both classical and new) - Maritime Labor regulation - IMO; ILO - Maritime Environmental management - ship-based pollution; exotic species; GMO - International Maritime Public Order - piracy; drug trafficking; illegal transit of human cargoes ("people smuggling")

Objectives

Students who successfully complete this unit should have acquired technical proficiency and academic fluency in each of the four specialised sub-units making up this course. These are:

1. the institutionalised public regime of International maritime management, including UNCLOS III, Freedom of Passage, the International maritime Organisation (IMO), Ship Registration, Flags of Convenience, and the international jurisdictions of Courts of Admiralty;
2. Maritime environmental management regimes (MARPOL; the London Convention); dumping, ship-based Pollution, Tanker collisions and spills, ballast and exotic species;
3. International Maritime Labor regulation (ILO; IMO); Port State Authority (both classic and new regimes), safety of ship construction and transport (eg collision);
4. issues of International maritime Public Order, including Piracy, Slavery, Human Cargoes ("people smuggling"), drug trafficking, and the management of "the Maritime commons". Students should be able to analyse all of these concepts critically and be able to identify and resolve legal problems arising in all of the categories described. Most importantly, students should obtain a detailed appreciation of the embededness of International maritime management within the inclusive regimes of the Public Order of the Sea.

Assessment

Group-based preliminary negotiation session related to selected scenario - 10%; group-based final negotiation session for selected scenario - 20%; group report setting out negotiating strategy, tactics etc and any relevant pre-negotiation information - 10%; and take home assignment undertaken individually: 60%.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Leader(s): Kwame Mfodwo

Offered

Not offered in 2009

Synopsis

Comparative study of the societies, constitutions and legal systems of Pacific states including Australia. Comparative/interdisciplinary approaches to the study of law. Themes include 'Government': traditional political systems, colonial imprint, sovereignty and dependency, constitutional models, overthrow of government, court systems, techniques for checking power; 'Legal pluralism': sources of law, customary law, common law, recognition of indigenous law, ethnic difference, human rights, dispute resolution; 'Property': early concepts, recognition of land rights, natural resources, regulation of commerce and investment; 'Regional issues': environment, fisheries, treaties.

Objectives

Students successfully completing this unit should

1. have a basic understanding of the nature, history and development of the diverse societies and politico-legal systems of Australia's Pacific Island neighbours;
2. be able to define and distinguish local and introduced sources of law, legal institutions and forms of political organisation, and to explain how, in different ways, indigenous and imported concepts have been adapted to meet perceived needs of the modern state;
3. have an understanding of how states are created and less-than-independent relationships are established and justified;
4. have some appreciation of the relevance for Australia of contemporary studies in such areas as the recognition of legal pluralism, forms of government, constitutional change and regional law;
5. have developed competence in comparative techniques and have acquired interdisciplinary perspectives which will have broadened and deepened their understanding of the nature of law, its functioning in society and the legal principles studied elsewhere in the curriculum; and
6. have enhanced their skills in legal and interdisciplinary research, critical analysis and the presentation of research and argument, orally and in writing.

Assessment

Class test (50 minutes): 10%
Work-in-progress presentation: 10%
Research paper (5000-6000 words): 80%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Susan Barkehall-Thomas

Offered

Not offered in 2009

Synopsis

The unit incorporates the study of case law and theory where the law recognises the underlying principle of unjust enrichment. The unit will cover

1. the elements of the unjust enrichment principle,
2. the scenarios in which it is recognised, and where it is controversial,
3. the remedies and defences that are available, and
4. whether restitution is limited to unjust enrichment or is also available for wrongs.

Objectives

Students who successfully complete this course should have:

• been introduced to unities in the private law where it deals with the retention of moneys or benefits which it is against conscience to keep;
• acquired an overview of legal and equitable remedies which embody a 'restitutionary' response - the revindication of money and other benefits unjustly retained;
• acquired an understanding of Australian law in the principal areas where the restitutionary response has been applied;
• considered the content and operation of the unjust enrichment doctrine;

• speculated on possible wider applications of the unjust enrichment idea and what part it should play in our jurisprudence.

Assessment

Written assignment (2500 words): 30%
Examination (2 hours writing time plus 30 minutes reading and noting time): 70% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

LAW2200 or LAW2201 and LAW2202, LAW3400 or LAW3401 and LAW3402

Leader(s): John Duns

Offered

Clayton Second semester 2009 (Day)

Synopsis

The objectives of competition law. Background to the current competition provisions of the Trade Practices Act 1974 (Cth) and relevant State 'application' legislation. Administration of the act. Basic economic concepts of market, market power and competition. The prohibitions and related provisions contained in the competition provisions of the Trade Practices Act 1974 (Cth), namely the prohibitions against anti-competitive mergers and anti-competitive agreements. Misuse of market power. Exclusive dealing. Resale price maintenance. The provisions dealing with authorisation and notification of conduct which may otherwise be in breach of the act. Penalties and remedies.

Objectives

Students completing this unit should

1. have an appreciation of the competing schools of thought on the objectives of competition law;
2. be able to assess the circumstances under which conduct may substantially lessen competition and have a basic understanding of the economic concepts which underlie the competition provisions of the Trade Practices Act 1974 (Cth) and relevant State 'application' legislation; and
3. have an understanding of the scope and content of the competition provisions of the Trade Practices Act 1974 (Cth) and relevant State 'application' legislation.

Assessment

Written assignment (3000 words): 30%
Examination (2 hours writing time plus 30 minutes reading and noting time): 70%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Leader(s): Michael King (Semester One); Gaye Lansdell (Semester Two)

Offered

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

Synopsis

Topics include: history, organisation, education, functions and regulation of lawyers in Victoria and elsewhere; reform issues; nature and significance of a profession; independence of courts and lawyers; changing face of dispute resolution; the cost of justice and different modes of legal service delivery; standards of professional conduct including basic trust accounting, complaints and disciplinary procedures; ethical rules and moral values, with a particular emphasis on identifying and resolving ethical issues. The unit meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area of 'professional conduct' (including basic trust accounting).

Objectives

Students successfully completing this unit should

1. have an understanding of the legal profession in its historical and societal contexts and issues surrounding the regulation of the profession;
2. be able to analyse critically the role of the lawyer in the Australian legal system with reference to questions such as the independence of courts and lawyers, the adversarial nature of the system, dispute resolution, the cost of justice and different modes of legal service delivery;
3. have examined and understood the concept of trust in the lawyer-client relationship;
4. have developed skills in recognising and distinguishing types of professional and personal conduct and questions of moral, ethical and legal obligation;
5. have developed skills in applying the law of contract and torts in relation to lawyer-client duties, breaches and remedies; and
6. have enhanced skills in critical analysis and presentation of argument.

Assessment

Semesters 1 and 2:
Two ten-minute roleplays on ethics and client communication: 10%
Research assignment (compulsory)(2400 words): 30%
Take home Examination (2,000 word): 60%
Summer Semester:
Research assignment (compulsory)(2400 words): 30%
Take home examination (2,000 words): 70%

Contact hours

Three hours of lectures per week and one hour tutorial every four weeks

Prerequisites

LAW1100 or LAW1101 and LAW1102; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202

Leader(s): Professor the Hon George Hampel QC

Offered

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

Synopsis

Introductory lectures on basic advocacy concepts and techniques are conducted by Professor Hampel or by a senior member of the judiciary or the bar. Students participate in three workshops dealing with examination in chief, cross-examination and addresses. These workshops are conducted by advocacy teachers who are members of the Victorian bar and are trained Australian Advocacy Institute teachers. A series of eight mock jury trials are then conducted. Students must participate as counsel in one of these trials, and attend all others. This unit is subject to a quota. Applications are available from the Law Faculty website.

Objectives

1. To introduce students to trial practice and the role of the advocate in the adversary system;
2. To introduce students to basic advocacy skills and techniques in: conceptualisation and preparation, opening and closing addresses, examination of witnesses, cross examination, and communication skills in the court room;
3. To assess students' understanding of these skills and ability to perform them at a basic level.

Assessment

Written case theory for final assessment, prepared jointly by students and both students receiving the same mark (500 words): 10%
Oral assessment (jury trial): 20%
Final oral assessment (assessment trial): 70%

Contact hours

4 x 2 hour lectures followed by 3 x 3 hour workshops and attendance at 8 mock trials (one 3 hour lecture per week)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302

Co-requisites

LAW5159

Leader(s): Professor the Hon George Hampel QC

Offered

Prato Trimester 2 2009 (Day)

Synopsis

Introductory lectures on basic advocacy concepts and techniques are conducted by Professor Hampel or by a senior member of the judiciary or the bar. Students participate in three workshops dealing with examination in chief, cross-examination and addresses. These workshops are conducted by advocacy teachers who are members of the Victorian bar and are trained Australian Advocacy Institute teachers. A series of eight mock jury trials are then conducted. Students must participate as counsel in one of these trials, and attend all others.

Objectives

1. To introduce students to trial practice and the role of the advocate in the adversary system;
2. To introduce students to basic advocacy skills and techniques in: conceptualisation and preparation, opening and closing addresses, examination of witnesses, cross examination, and communication skills in the court room;
3. To assess students' understanding of these skills and ability to perform them at a basic level.

Assessment

Written case theory for final assessment, prepared jointly by students and both students receiving the same mark (500 words): 10%
Oral assessment (jury trial): 20%
Final oral assessement (assessment trial): 70%

Prerequisites

LAW1100 OR LAW1101 and LAW1102 OR LAW1104 + LAW3300 OR LAW3301 and LAW3302

Co-requisites

LAW5159 Evidence

Leader(s): Matthew Groves

Offered

Clayton Second semester 2009 (Day)

Synopsis

The administration and distribution of property of deceased persons not effectively disposed of by a will. Testamentary capacity and intention. The formal element for making, altering and revoking a will. The professional duties of lawyers in the drafting and execution of wills and the management of deceased estates. Persons eligible to be appointed executors. Types of grants of representation. Methods of proving a will. The vesting of assets in an executor or administrator. The classification of gifts by will and the doctrines affecting such gifts. The powers and duties of executors and administrators. The distribution of net assets to beneficiaries or next of kin.

Objectives

Students who successfully complete this unit should

1. acquire a comprehensive knowledge of the law of Victoria regulating the administration and devolution of inheritable property of a deceased person;
2. be able to analyse and critically examine a factual situation relating to the estate of a deceased person and to determine the procedure for obtaining authority to administer the estate, the validity of testamentary dispositions, the entitlements of beneficiaries or next of kin, the liability of particular assets to meet the burden of debts and the entitlements of beneficiaries or next of kin, the liability of particular assets to meet the burden of debts and the entitlements of beneficiaries and the ultimate distribution of the net assets to the beneficiaries or next of kin; and
3. have enhanced their powers of critical analysis and thinking, their oral communication and research skills.

Assessment

Research assignment (3000 words): 40%
Examination (2 hours plus 30 minutes reading and noting time): 60% OR Examination (3 hours plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3400 or LAW3401 and LAW3402

Leader(s): Fiona Hum

Offered

Clayton Second semester 2009 (Day)

Synopsis

Topics include: practising law and practising medicine.; principles governing clinical medical practice; the foundation of medical ethics; the relationship between medicine and allied health professions; the regulation of the medical profession; doctors, patients and the law and alternatives to litigation; medical negligence and consent; rights to refuse medical treatment, and competence and incompetence in law and medicine; medical confidentiality; law and psychiatry; the body as property; medical research: volunteers, institutional ethics committees and the law; medical treatment and the end of life; the beginnings of life: novel birth technologies and abortion; doctors in court.

Objectives

On completion of this unit students should have

1. acquired an understanding and appreciation of the rationales and roles of the legal and medical practice and structure ;
2. developed the ability to critically analyse and evaluate a number of major issues and concepts fundamental to the doctor - patient relationship; and
3. practiced and improved their research and writing skills as well as their skills in class/group participation and learning to understand , share and accept differing points of view.

Assessment

Research Paper (3,200 words): 40%
Examination (2 hour writing time plus 30 minutes reading time): 60% OR Examination (3 hours writing plus 30 minutes reading time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104 or Medical students in their third year of the MBBS

Leader(s): Yet Bryant

Offered

Clayton First semester 2009 (Day)

Synopsis

The 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, disposal of hazardous waste. The 1992 United Nations Conference on Environment and Development in Brazil has seen a development of international environmental law and policy. The Australian Government has adopted a high profile in international negotiations on environmental matters. In addition Australia has already felt the effect of international obligations in respect of world heritage sites and climate change.

Objectives

On completion of this subject students should

1. understand the interrelationship between international law and international environmental law and how international environmental law has developed as a separate area of law;
2. have acquired a comprehensive and up-to-date knowledge of international environmental law, including its historical development, conventions and treaties that have been negotiated to deal specifically with global environmental problems;
3. have extended their basic understanding and knowledge of how the international community has addressed global environmental problems;
4. be able to critically analyse the ways in which global environmental problems are addressed by the international community in particular the adoption of framework conventions and protocols;
5. demonstrate a capacity to conduct systematic research on some specific topic of International Environmental law; and
6. have an appreciation of future issues of relevance to the development of this area of law.

Assessment

Research paper (4000 words): 50%
Take-home examination: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW4122

Leader(s): John Duns

Offered

Clayton Second semester 2009 (Day)

Synopsis

Topics include: the legal consequences of an individual or company becoming insolvent; the objectives and features of insolvency law; the proceedings leading to bankruptcy and liquidation; the impact of bankruptcy and liquidation on contractual and property rights; property available to creditors including the antecedent transaction provisions of the Bankruptcy Act and Corporations Law; claims which can be made in bankruptcy and liquidation; the administrative machinery of insolvency and alternatives to bankruptcy and liquidation.

Objectives

Upon completion of this unit students should

1. have a basic understanding of the various views, including economic theories, concerning the rationale for and objectives of insolvency law;
2. understand the meaning and significance of the legal concept of insolvency;
3. have an understanding of the impact of insolvency generally on an individual's rights and liabilities, including the impact of insolvency on contractual and property rights and on obligations;
4. understand the legal principles and rules governing bankruptcy and liquidation: including insolvency administration; voluntary and involuntary insolvency proceedings; the meaning and consequences of insolvency; the property available to creditors on bankruptcy/liquidation, including avoidance of antecedent transactions; the process of realising the insolvent estate for the benefit of creditors; criminal offences relating to bankruptcy; alternatives, formal and informal, to bankruptcy and liquidation;
5. be able to assess critically the effectiveness of the law in meeting its objectives; and
6. appreciate the alternatives available to insolvent debtors to bankruptcy and liquidation.

Assessment

Assignment (2500 words): 25%
Examination (2 hours writing time plus 30 minutes reading and noting time): 75%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3402

Leader(s): Sharon Rodrick

Offered

Not offered in 2009

Synopsis

The purpose of this unit is to identify and evaluate the laws which govern the way in which the media collect and disseminate news and information about the state. Topics include the media and the courts (open justice and obtaining information about court proceedings, suppression orders, contempt of court, journalists and their sources), the media and parliament (contempt of Parliament, parliamentary broadcasts), reporting elections, reporting on defence and national security (D notices, sedition, official secrets, reporting terrorism etc), and offensive publications (blasphemy, obscenity, racial and religious vilification etc).

Objectives

By the end of the unit, students should have a general understanding of, and be able to provide advice about the application of, the laws which impact on the way in which the media collect and disseminate news and information about the institutions of state. They should have developed their own opinions on whether the law has struck an appropriate balance between freedom of speech and other competing rights such as the protection of the administration of justice and the protection of national security.

Assessment

Written research assignment (2500 words): 35%
Final written examination (2 hours plus 30 minutes reading and noting time): 65% OR Final written examination (3 hours plus minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW 1102 AND LAW1102 OR LAW1104

Co-requisites

Recommended but not required: LAW4140; LAW5146

Leader(s): David Lindsay

Offered

Clayton Second semester 2009 (Day)

Synopsis

Topics include: the rationale and scope of intellectual property protection; copyright and neighbouring rights (including performers' rights and databases); technological convergence and the development of the information superhighway; registered designs and the protection of industrial design, trade secrets and confidential information; comparative and international perspectives; the relationship between these rights and other parts of intellectual property law and competition law.

Objectives

Upon completion of this unit students should

1. have an appreciation of the policies and objectives underlying the regimes of intellectual property protection studied;
2. be in a position to comment critically on those policies and objectives and to relate them to proposals for law reform;
3. have acquired a sound 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 basic advice to authors, designers and other creators, as well as users of material created by such persons, on their rights and liabilities under the laws of copyright, designs and breach of confidence;
5. have an appreciation of the basic features of the international rules governing the protection of copyright and designs, circuit layouts and performers;
6. have an appreciation of the impact of technological change on the formulation and protection of the rights studied; and
7. should have enhanced their skills of case analysis and statutory interpretation.

Assessment

Assignment (2400 words): 30%
Examination (2 hours writing time plus 30 minutes reading time): 70% OR Examination (3 hours writing time plus 30 minutes reading time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW3400 or LAW3401 and LAW3402

Leader(s): Mark Davison

Offered

Clayton First semester 2009 (Day)

Synopsis

Topics include: the rationale and scope of intellectual property protection; patents for inventions and allied rights (including plant breeders' rights); passing off and related actions that prevent acts of unfair competition (including statutory remedies under Part V, Trade Practices Act 1974) and registered trade marks; comparative and international perspectives; the relationship between these rights and other parts of intellectual property law and competition and trade law.

Objectives

Upon completion of this unit students should

1. have an appreciation of the policies and objectives underlying the regimes of intellectual property protection studied;
2. be in a position to comment critically on those policies and objectives and to relate them to proposals for law reform;
3. have acquired a sound 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 basic advice to inventors, innovators, investors and marketers on their rights and liabilities under the laws of patents, trade marks, and unfair competition;
5. have an appreciation of the basic features of the international rules governing the protection of inventions and allied rights;
6. have an appreciation of the impact of technological change on the formulation and protection of the rights studied; and
7. have enhanced their skills of case analysis and statutory interpretation.

Assessment

Assignment (2000 words): 30%
Examination (2 hours writing time plus 10 minutes reading time): 70% OR Examination (2.5 hours writing time plus 10 minutes reading time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW3400 or LAW3401 and LAW3402

Leader(s): Helen Yandell

Offered

Clayton Summer semester A to Semester one 2009 (Day)
Clayton Trimester 2 2009 (Day)
Clayton Trimester 3 2009 (Day)

Synopsis

Students may enrol in 1 of 4 clinics as follows:

1. Sexual Assault Clinic, in conjunction with the SE Centre Against Sexual Assault at Springvale Monash LS (4 places, all clinical periods) - legal services to victims of sexual assault;
2. Human Rights Clinic, in conjunction with the Castan Centre for Human Rights at Holding Redlich, Solicitors (2 places, Clinical Periods 2 and 3) - litigation involving human rights dimensions;
3. Criminal Defence, in conjunction with Rob Starry and Associates (1 place, Clinical Periods 2 and 3) - criminal defence advocacy;
4. Commercial Law Clinic in conjunction with Moores Legal, Solicitors, Box Hill (1 place - all Clinical Periods) - commercial legal work for 'not-for-profit' organisations.

Objectives

Upon completion of this subject students should

1. have further developed the personal and communication skills acquired in LAW5216 (Professional practice) to a higher level of sophistication;
2. have a good understanding of the principles of law in their chosen area;
3. have an understanding of the practical application of the law in their chosen area;
4. be able to assess the effectiveness of the law and applicable legal remedies in their chosen area;
5. have further developed their ability to work jointly with a professional in another discipline;
6. graduate with highly developed skills and recognised expertise in their chosen field.

Assessment

Casework at Clinic according to criteria available from coordinator: 80%
Written report: 20%

Contact hours

One 3-hour clinic session per week plus follow up research and casework. In addition to the weekly intake session, students will be required to spend up to 6 hours per week in research, case preparation and consultation with their supervisor.

Prerequisites

LAW5216/LAW5120 or, for the family law clinic, placement in either LAW4162 or LAW4163. Please see http://www.law.monash.edu.au/cle.html for an application form and more information.

Offered

Not offered in 2009

Synopsis

The nature and operation of superannuation funds in Australia and how they are affected by the superannuation legislation, by the taxation regime, and by general principles of contract and equity. The trustee's duties.

Objectives

Upon completion of this unit, a student should understand

1. the structure of different types of superannuation funds in Australia and the reasons for these differences;
2. the operation of superannuation funds including
3. the role and duties of trustees and those to whom they delegate, especially in relation to investment; (ii) the rights of members individually and collectively; (iii) the role and duties of third parties such as auditors; and
4. the role of the Superannuation Complaints Tribunal and the Insurance and Superannuation Commissioner and other administrative bodies.

Assessment

Assignment (2000 words): 20%
Examination (3 hours): 80% OR Assignment (5000 words): 50%
Examination: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW4169; LAW4170

Leader(s): Jeff Waincymer

Offered

Clayton First semester 2009 (Day)

Synopsis

Examination of private international law texts in the light of different legal systems. Convention on the International Sale of Goods (Vienna Convention). Oral Advocacy in an arbitration setting. International Mooting Competition - some students selected for Vienna.

Objectives

Upon completion of this unit, students should

1. have an exposure to aspects of international sale of goods, private international law, and comparative law;
2. develop a familiarity with and practice in arbitration;
3. develop oral skills of presentation of legal material before a panel of experts from different legal systems;
4. gain an appreciation of their own legal system, its limitations, and an appreciation of other legal systems and their limitations;
5. experience the concept of thorough preparation of a particular case and the opportunity to match their preparation with that of other equally prepared students.

Assessment

Writing two memoranda (Team) 20%
Mooting: 80%

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Leader(s): Stephen Barkoczy

Offered

Clayton First semester 2009 (Day)

Synopsis

The unit covers the concepts of income taxation and the taxation of capital gains, in their underlying historical, social and constitutional contexts. It includes the policy and constitutional matrices of taxation, the legal definition of income, taxation of income from personal services and business, taxation of fringe benefits, indirect taxation on goods and services, taxation of capital gains, allowable deductions from gross income in personal and business contexts and the general effect of anti-avoidance legislation.

Objectives

On completion of this unit students should have

1. a basic, up-to-date knowledge of income tax law;
2. an appreciation of taxation law in its historical and constitutional context;
3. a critical knowledge of the central concepts involved in the operation of the income tax system;
4. an awareness of the current tax mix in Australia;
5. an understanding of the dynamic nature of taxation law and the reasons for this dynamism;
6. a clear understanding of the policy issues underlying taxation;
7. developed the ability to evaluate critically new tax proposals;
8. developed skills of statutory interpretation in the context of technical and complex legislation.

Assessment

Research assignment (3000 words): 40%
examination (2.5 hours plus 10 minutes reading time): 60% OR Examination (2.5 hours plus 10 minutes reading time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

BTC3150

Leader(s): Semester Two: Stephen Barkoczy

Offered

Clayton Second semester 2009 (Day)

Synopsis

Principles of income tax, capital gains tax and deductions from assessable income with emphasis on characterisation of receipts, business income and the revenue/capital distinction. Entity taxation is explored in relation to the taxation of companies and applied to the taxation of trusts. The case for conduit taxation of entities is then explored, together with the existing regime for taxation of partnerships. Various topics will be treated from within the range of tax accounting, taxation of trading stock, the taxation of financial instruments. Legal approaches to the phenomenon of tax avoidance are examined and the varying experiences of comparable countries are compared.

Objectives

Upon completion of this unit students should have:

1. an advanced knowledge of income tax law;
2. a reflective conception of fundamental taxation law concepts:
3. critical knowledge of the central concepts involved in the operation of the income tax system;
4. a critical awareness of the current tax mix in Australia;
5. an appreciation of the business contexts of taxation law;
6. the ability to enter and contribute to current debate about the policy issues in taxation;
7. an ability to evaluate new tax proposals critically;
8. developed skills of statutory interpretation in the context of technical and complex legislation.

Assessment

Examination (3 hours writing time plus 10 minutes reading time): 100% OR Assignment (4000 words): 50%
Examination (2 hours writing time plus 10 minutes reading time): 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW5152

Leader(s): Bob Williams (Semester One); Jonathan Clough (Semester Two)

Offered

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

Synopsis

This unit involves a critical examination of the general principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials. Theoretical perspectives - reliability, libertarian, disciplinary principles; evidentiary law reform. Rules and principles governing the proof of facts in civil and criminal trials. Relevance and admissibility. Kinds of evidence. Competence and compellability. Privilege. Examination of witnesses. Disposition and character. Similar fact evidence. Options of the accused. Hearsay and exceptions to the rule. Res gestae. Confessions and admissions. Illegally obtained evidence. Corroboration. Identification. Opinion evidence.

Objectives

Upon completion of the unit, students will have an understanding of general evidentiary principles. In particular, they will have developed:

1. the ability to isolate principles that are fundamental to the criminal and civil process and the conduct of fair trials in the accusatorial system;
2. competence in the skills of problem solving, analysis and written communication;
3. the analytical and interpretive skills required to give advice in relation to evidence problems and the admissibility of particular items of evidence;
4. the practical skills of presenting legal arguments, advocacy and multi-issued problem resolution in a trial context.

Assessment

Assignment (2500 words): 35%
Examination (2 hours writing time plus 30 minutes reading and noting time): 65% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week and one hour tutorial per fortnight

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW3300 or LAW3301 and LAW3302

Leader(s): Stephanie Ben-Ishai

Offered

Not offered in 2009

Synopsis

This unit examines the way corporations are governed, and the roles of directors and shareholders. Primary focus will be on Australian law, however, comparisons will be drawn from other countries, eg the UK, Canada and the US. Topics include:

1. Corporate Governance -
   1. division of power between the board and the general meeting;
   2. the role of the board; and
   3. the way boards are regulated.
2. Shareholders' Remedies -
   1. self help remedies; individual shareholder activism; and customising the corporate constitution; and
   2. litigious remedies, including: oppression, winding up, common law limitations on majority voting power; and the statutory derivative action

Objectives

On completion of this unit, students should be able to: recognise and understand the common problems experienced by members of various types of company; advise a hypothetical client regarding strategies for preventing or remedying those problems without recourse to litigation; advise a hypothetical client regarding litigious remedies to combat those problems; understand likely trends for future development in the law relating to shareholders' rights and remedies; develop and demonstrate oral communication skills and skills of presentation of legal concepts, rules and argument in an interactive seminar context; and, develop and demonstrate legal research and writing and legal argument skills.

Assessment

Presentation: 10%; Research Paper: 90%.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW4171

Offered

Not offered in 2009

Synopsis

The unit involves an examination of selected contemporary problems in evidence. It is designed to give students the opportunity of studying in detail particular themes relating to proof of facts in the forensic context which themes are not covered, or are dealt with only in outline, in Evidence LAW5159. A particular focus of the course will be the Commonwealth Government's Codification of the Law of Evidence for use in Federal Courts. This codification is embodied in the Evidence Act 1995 (Cth). The background of this Act is contained mainly in the recommendations of the Australian Law Reform Commission contained in its 1987 report, Evidence (ALRC 38).

Objectives

Upon completion of this unit students will have an indepth understanding of the rules and principles governing the proof of facts in issue in a trial. In particular, they will have developed: 1) an understanding of the rules of evidence which apply in Federal Courts; 2) an understanding of the legal and policy issues involved in reforming and codifying the law of evidence; 3) an understanding of the general principles of freedom of proof, relevance, admissibility and discretion as a context for the study of the obstructive and exclusionary rules of evidence which impede the ascertainment of truth in civil and criminal trials; 4) capacity to undertake research in areas of policy and reform and 5) improved capacity in the skills of problem solving, analysis and written communication.

Assessment

Examination: 100% OR Research assignment (3000 words): 40%
Examination: 60%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW5159

Leader(s): Melissa de Zwart

Offered

Not offered in 2009

Synopsis

This unit will provide an introduction to the new legal and social issues which have arisen due to the now extensive use of the internet for commerce, education and entertainment. The unit will cover issues such as jurisdiction, electronic contracting, electronic security, content regulation, intellectual property, privacy and will provide sufficient flexibility to examine any new issues as they arise.

Objectives

Students successfully completing this unit should have satisfied the following:

1. To equip the students with a solid understanding of the architecture of the internet and the manner in which it functions. This knowledge will be used as the basis to understanding the difficulties of internet governance and regulation. Students will be introduced to the key bodies that make rules with respect to the structure and use of the internet. Students will also consider the nature of the evolving 'information society' including a consideration of issues related to equity and access;
2. Students will acquire an understanding of the issues related to jurisdiction which affect the resolution of disputes arising out of internet transactions;
3. Students will consider the problems that arise with respect to, and apply the laws relating to, electronic contracting, including consumer protection issues;
4. Students will consider issues arising in respect of electronic security, such as hacking and spam. Legal responses to these problems will be discussed and analysed;
5. Students will acquire knowledge of the basic intellectual property issues that arise in the internet context, including copyright issues and domain names;
6. Students will consider and apply the variety of national and international laws that have been enacted and proposed to deal with issues of online privacy;
7. Students will consider the ethical background to the formation of laws in this area;
8. Students will improve their skills of legal research and analysis through completion of the research assignment;
9. Students will improve their skills of legal analysis and argument through the completion of the examination;
10. Students will improve their legal analysis, application and argument skills through completion of the weekly reading and participation in class discussion; and
11. Students will acquire an understanding of the international context of these issues and will acquire skills in identifying and analysing relevant international legal materials.

Assessment

Optional research assignment (3200 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR Examination (3 hours plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202; LAW3400 or LAW3401 and LAW3402

Prohibitions

LAW7213

Offered

Clayton First semester 2009 (Day)
Clayton Full year 2009 (Day)

Synopsis

Individual research under supervision. Each research unit will need individual approval and no research unit will be approved unless a suitably qualified member of staff is available with adequate time to supervise the research. Authority rests with the Convenor, Honours Program to approve as a research unit a topic chosen by the candidate and to appoint a supervisor. The research unit must be such as in the opinion of the Convenor, Honours Program merits the attribution of twelve points.

Objectives

The unit aims

1. to provide an opportunity for students to undertake a considered and in-depth analysis of legal issues in a particular area and to formulate and articulate legal and policy issues;
2. to develop skills of critical analysis and original thought;
3. to encourage the interchange of knowledge and ideas between students and teachers in order to achieve a high quality of legal scholarship;
4. to develop students' competency in legal research skills and
5. to enhance students' organisational, presentational and writing skills. Students who successfully complete LAW5207 should in general
6. have acquired a detailed knowledge and expertise in the area of the topic which is the subject of the thesis;
7. have their capacity for critical analysis and original thought enhanced;
8. have an enhanced competency in legal research skills;
9. have the ability to research, organise and present legal and policy issues in a succinct and scholarly manner and
10. have completed a piece of legal research of publishable quality.

Assessment

Thesis (12,000-15,000 words): 100%

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104

Leader(s): Ross Hyams (Semester One); Adrian Evans (Semester Two); Helen Yandell (Summer).

Offered

Clayton Summer semester A to Semester one 2009 (Day)
Clayton Trimester 2 2009 (Day)
Clayton Trimester 3 2009 (Day)

Synopsis

Attendance at a 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

1. the ability to analyse critically legal principles and the legal system in the context of contemporary society;
2. an understanding of the extent to which the law and the legal system meet the needs of the community;
3. 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;
4. skills in oral and written communication required of lawyers, including interviewing, counselling, negotiating, advocacy and drafting;
5. an understanding of professional legal issues of ethics and morality.

Assessment

Legal service work: 60%
Community Engagement 20%
Written assignment or court appearances plus report: 20%

Contact hours

One half-day Legal Service session per week for 17 weeks (including non-teaching period) plus one and a half days per week client follow-up, one 2-hour seminar for 10 weeks and one 1-hour tutorial per week for the first three weeks of the teaching period

Prerequisites

LAW1100 or LAW1101 and LAW1102 OR LAW1104; LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202; LAW3300 or LAW3301 and LAW3302. Please see http://www.law.monash.edu.au/cle.html for an application form and more information.

Leader(s): Helen Yandell

Offered

Clayton Summer semester A to Semester one 2009 (Day)
Clayton Trimester 2 2009 (Day)
Clayton Trimester 3 2009 (Day)

Synopsis

Through Springvale Monash Legal Service, students will work with identified groups in the community who are experiencing injustice because of their common identity, particular legal problem or their poverty. Students will acquire a theoretical framework and first-hand perspective of the impact of the law and the legal system and focus on appropriate law reform campaigns and community development strategies. They will be divided into small teams and supervised on a day-to-day basis by a specialist member of the legal centre staff and assessed by a Monash Law academic located at the centre.

Objectives

Students who successfully complete this unit will:

• understand the impact of the law and the legal system on members of the community as individuals and as groups (particularly those who are disadvantaged) within a social, economic and political context
• understand and have developed the skills necessary to advocate for social justice in a socio-legal context
• understand the legal needs of relevant communities and be aware of the processes for responding to these needs through collaboration with NGO and government service providers
• be able to integrate their knowledge of particular areas of law with perceived community and client group disadvantage.
• understand the links between inadequate law and administration of the legal system with actual injustice
• be able to utilize affective advocacy directed at law reform.

Assessment

2 research activities at 2,400 words each, (for example, a submission to government on a specific aspects of law reform; a set of community explanatory statements concerning projected changes to local environmental regulation; a brief to media on the regional effects of gaming policy and regulation) 50% each OR 1 research activity of 2,400 words 50% plus 1 practical activity 50% (for example, consult with a specific community on the design of a local legal framework to limit recidivism in the incidence of so-called hoon driving behaviour in that community and publish a brief report of that consultation ; consult on and develop a legal framework for a strategic local initiative to divert persons charged with combined mental health / drug-related offences into NGO-sponsored rehabilitation programs) OR 1 individual research activity of 2,400 words 50% plus 1 joint research activity involving 2 or more students, minimum of 2,400 words 50%.

Contact hours

Students will attend a seminar program for 8 weeks involving 2 hours contact per week plus regular tutorials of 2 hours per week. Students will also be required to allocate 8 hours per week over 12 weeks for client-group consultations, private research, preparation of materials and community presentations, with assessment being finalised over the remaining 5 weeks of a 17 week period.

Prerequisites

Application form and more information available at http://www.law.monash.edu.au/cle.html

Leader(s): Malcolm Bennett

Offered

Clayton Summer semester A to Semester one 2009 (Day)
Clayton Trimester 2 2009 (Day)
Clayton Trimester 3 2009 (Day)

Synopsis

This unit is open to those who have completed a family law unit and placement and wish to broaden their knowledge and develop their practical skills in family law.
The unit will run in a 17 week format and requires students to run their own family law files, and take a mentoring role to less experienced students. Under the supervision of a family law practitioner, students will draft documents, advise clients, brief counsel, attend court to instruct counsel and do general correspondence. Students are rostered for FLAP client contact sessions, work on ongoing files, take on new matters as initiated and attend on roster the duty lawyer service at the Family Court at Dandenong each Monday.

Objectives

Students who successfully complete this unit will:

• understand and be able to apply the more complex areas of family law and related legislation such as child support to real life problems of clients;
• have developed the ability to create, maintain and attend to all substantive and procedural aspects associated with the running of family law files;
• have gained advocacy experience in the Family Court and / or Federal Magistrates Court relating to Family law matters;
• have developed skills in assessing the needs of clients and communicating to clients the nature of their legal options and the implications of each option; and
• understand the importance of, and be able to achieve, client-acceptable outcomes from family-law representation.

Assessment

Casework performance including attendance and punctuality, taking instructions and relationship with clients, discussion with supervisor, follow-up work, drafting documents, family law advocacy skill, compliance with office and regulatory procedures, understanding of appropriate file initiatives 70% AND 1 individual research activity or assignment 30%. The assignment is to be 4,800 words. In place of the assignment, students can develop and present a research activity after firstly discussing a topic with the supervisor.

Contact hours

Students will attend a seminar program for 6-8 weeks involving 2 hours contact per week plus regular tutorials.
Students will also be required to allocate 14 hours per week for client-group consultations, private research, preparation of materials and client presentations.

Prerequisites

Participation in a prior placement at FLAP as a part of a Monash family law unit or completion of Professional Practice LAW5216. Please see http://www.law.monash.edu.au/cle.html for an application form and more information.

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)
Overseas Summer semester A 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.

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)
Overseas Summer semester A 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.

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)
Overseas Summer semester A 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.

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)
Overseas Summer semester A 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.

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 exchange program 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 outbound exchange program 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 outbound exchange program 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 outbound exchange program 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)
Overseas Summer semester A 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.

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)
Overseas Summer semester A 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.

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)
Overseas Summer semester A 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.

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)
Overseas Summer semester A 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.

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 exchange program 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 outbound exchange program to ensure fees and credit are processed accurately.