Monash University Handbook 2013 Postgraduate - Units

The minor thesis allows candidates:

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

Upon completion students should:

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

On completion of this unit, students should:

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

This unit is designed for Australian and other non-European Union (EU) lawyers who, for professional or academic reasons, seek an introduction to the law and policy of the European Union. At the end of the unit students will be familiar with the legal structures and governance of the European Union, the engine of the European integration project, the single market, and the EU's relations with the rest of the world.

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

1. adversarial and non-adversarial methods of resolution of family conflict within the existing system of family law;
2. the role of the legal profession in the resolution of disputes about children and property, including the representation of children;
3. the role of the judiciary and the legal conduct of child-related trials;
4. the role of expert evidence and technical information in litigation;
5. the relevance of social, psychological and medical sciences in children's matters;
6. interaction between the Family Law Act 1975 and international conventions such as UNCROC and the Hague Convention on the abduction of children; and
7. new developments and changes over the last 12 months.

On completion of this subject students should understand and be able to critically analyse, research and apply the following knowledge:

• the basic concepts underlying public international law and international human rights law concepts;
• the competing theories and philosophical foundations of international human rights, and the historical development of modern international human rights law;
• the debates surrounding the universality, cultural relativism and/or pluralistic nature of human rights;
• the international human rights institutions and enforcement mechanisms, focussing on the treaty and charter based systems;
• the scope and content of civil and political rights;
• the scope and content of economic, social and cultural rights, including debates surrounding their justiciability;
• the ability to restrict the application of rights in certain circumstances subject to certain requirements, including derogation, qualifications and limitations; and
• the relevance of international human rights law to Australian law and practice.

Students who successfully complete this unit should have:

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

Students completing this unit should:

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

On completion of this unit students should:

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

On completion of this subject students should:

1. possess a critical understanding of selected issues raised by the introduction of uniform evidence legislation in Victoria
2. understand the theoretical and practical obstacles to judicial proof of selected issues
3. be able to identify; comprehend and discuss concepts of relevance, admissibility, probative value, prejudicial risk and facts in issue
4. Be able to analyse critically the underlying issues in the adversary system of the disciplinary, protective and reliability principles and the concept of a fair trial.

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

Students who successfully complete this unit should:

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

On completion of this unit students should:

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

On completion of this subject students should:

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

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

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

1. an understanding of the causes of forced migration and the links with human rights abuse
2. knowledge about the legal categories of forced migrants
3. knowledge of the significance and consequences of attributing legal status to the different categories of forced migrants
4. the ability to critically evaluate the role of law in defining the rights of forced migrants
5. knowledge about the institutional arrangements for protecting the rights of the different categories of forced migrants
6. the ability to critically evaluate the role of institutions in providing protection and solutions to forced migrants
7. knowledge about the various options and solutions for dealing with forced migration, and the ability to critically evaluate them
8. enhanced oral and written communication skills, including the ability to conduct research and to devise a research project.

Upon successful completion of this unit students are expected to demonstrate:

1. a general grasp of the historical evolution of international environmental law and policy in response to the increasingly global, transboundary nature of ecological problems
2. an understanding of key foundational aspects of public international law which underpin international environmental law, including sovereignty, jurisdiction, territory and state responsibility
3. an appreciation of the major sources of 'hard' and 'soft' international environmental

law, together with the underlying international law basis of same

4. a general familiarity with the major international environmental agreements and a broad understanding of the major political conflicts surrounding such agreements
5. a general understanding of the role of key actors and institutions in the evolution of international environmental law, including states, governmental and non-governmental organisations, multinational corporations, and international organisations such as the United Nations and the Bretton Woods Institutions
6. have a broad understanding of the relationship between international politics and policy in the development, application and enforcement of international environmental law
7. an understanding of Australia's role in the negotiation, settlement and implementation of international environmental agreements
8. an ability to think critically and present a reasoned argument in relation to key developments and problems in international environmental law and policy
9. be able to make an assessment of where international environmental law can be expected to develop in the future.

On completion of this unit students should have:

1. an acquaintance with and critical appreciation of the range of alternatives to litigation
2. an understanding of the process and principles of mediation
3. a practical understanding of the uses of mediation in Victoria

Students who successfully complete the unit 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
5. enhanced their presentational, legal research and legal writing skills.

Students who successfully complete this unit should:

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

On completion of this unit students should:

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

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

The student successfully completing this unit should:

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

On completion of this unit students will have developed:

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

On completion of this unit students will have acquired:

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

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

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

Students who successfully complete this unit should:

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

On completion of this subjects students should be able to:

1. understand the structure of different types of superannuation vehicles;
2. understand how superannuation is regulated; and
3. understand how superannuation investment is taxed.

On completion of this unit students will be able to:

1. apply knowledge of fundamental issues relating to laws governing collective labour rights in different jurisdictions (including the impact of laws which affect the right of workers to join together in trade unions and the legal status of unions, the concept of freedom of association and the role played by the legislature, the courts and international conventions in developing this concept and the concept of the right to strike and its international basis) and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems;
2. critically evaluate abstract concepts, theories and problems in comparative labour rights theory and practice;
3. research independently, synthesise and analyse information about law governing collective labour rights in different jurisdictions to create new understandings of key developments and problems relating to collective labour rights; and
4. interpret, communicate and present ideas and arguments relating to comparative labour rights law effectively and persuasively to specialist or non-specialist audiences and peers.

On completion of this unit a student should have:

1. acquired a solid understanding of anti-discrimination law in Australia
2. be alert to, and have formed considered views with regard to, various issues arising as to the law's theoretical underpinnings and underlying policy concerns
3. developed an in-depth appreciation of the legal position pertaining to, and policy concerns arising in respect of, the application of anti-discrimination principles to the specific contexts considered in the latter portion of the course
4. further developed her or his legal research and writing skills as a result of undertaking the research essay which is part of the assessment in this unit.

Students successfully completing this unit should:

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

Upon completion of this unit students should be able to

• understand and analyse international human rights standards and evaluate mechanisms designed to enforce human rights at the international/regional level
• 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
• understand and critically evaluate some of the philosophical bases of and problems with international human rights law in light of contemporary human rights issues.

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.

Upon completion of this unit students should be able to:

• appreciate and assess the historical development of European integration and the ideological, political and economic factors shaping this development
• 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
• 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
• 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.

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. be able to evaluate comparative state and regional practices towards refugee applicants and application of the Refugees Convention
5. understand and be able to evaluate measures adopted to modify and supplement the Refugees Convention
6. have further developed legal research, writing and legal argument skills by undertaking research, into issues relating to international refugee law; and
7. have further developed skills of oral presentation and argumentation in an interactive class context.

Upon completion of this unit, students should
a. have a general understanding of the constitutional law and statutory framework that operate in the various countries of the Western liberal-democratic tradition;
b. possess an understanding of the various alternatives in institutional design of principal constitutional organs, and the advantages and disadvantages of each;
c. understand and be able to assess, in their societal contexts, the approaches to federalism in constitutions and court decisions from selected federal countries of the world;
d. have specific understanding of the particular rights studied, and the framework for protection established under the relevant constitutional systems;
e. 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;
f. be in a position to assess the merits and demerits of the dialogue approach to the protection of human rights pioneered in Canada and copied in Victoria;
g. 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;
h. have developed skills of oral presentation of legal policy, rules and argument in an interactive learning context; and
i. be able to identify and assess the broad strands in constitutional interpretation used by Courts within the western liberal-democratic tradition.

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.

On completion of this unit, students should:

• possess a more sophisticated understanding of the conditions under which individuals should be held morally and legally responsible for their (criminal) actions
• have an appreciation of whether or not there may be any "fundamental principles" which underlie all criminal justice systems
• have an understanding of the uses and abuses of comparative criminal law
• understand the merits or otherwise of codification in both the common law and the civil law
• understand the basic characteristics of criminal procedure under the inquisitorial and adversarial systems
• understand the essential features of the substantive law relating to homicide in Australia and other legal systems
• understand in greater depth the role of intention in the criminal law and the various difficulties involved in defining it
• be able to understand the arguments for and against criminalising omissions in general and creating an offence of failure to rescue in particular
• have a comparative appreciation of the major characteristics of the substantive law relating to sexual offences
• understand the arguments for and against the abolition of the right to silence and the creation of retrospective criminal offences
• possess an enhanced understanding of the options available in sentencing.

Upon successful completion of the unit students should possess a sophisticated understanding of:

1. the ways in which psychiatrists and psychologists may become involved in the civil law system
2. the ways in which the criminal law takes into account mental impairment
3. when and why psychologists and psychiatrists may be called to give evidence in the civil and criminal courts
4. concepts of dangerousness in the court system.

Students should also have improved their ability to:

a. engage in the theoretical analysis of policy and legal issues relating to the interplay between psychiatry, psychology and law

b. confidently participate in argument in the context of an interactive seminar

c. engage in research

d. clearly and persuasively present ideas and arguments in written form.

On completion of this unit students should:

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

On completion of the course students should have:

1. developed an understanding of the legal and political institutions in Australia
2. developed an understanding of the sources of law in Australia and the interrelationship between case law and statute law
3. acquired an ability to read and analyse cases and an understanding of the process by which case law evolves
4. become familiar with significant principles of statutory interpretation and acquired an ability to interpret law and an understanding of the role of judges in interpreting legislation
5. learned how to search for and locate cases, statutory law and secondary materials in the Law Library
6. acquired an understanding of the requirements of good legal writing, including basic matters of style
7. met the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Legal Process and Overview of Intellectual Property (topic group A, part 1).

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

1. the history and development of the Internet and the implications of technological convergence
2. the architecture and governance of the Internet
3. the applicability of traditional copyright principles to the digital environment of the internet
4. how copyright may be infringed on the internet
5. moral rights in the context of the internet
6. the laws affecting content regulation and filtering
7. privacy and security in the online context, including the issues of digital identity and authentication
8. the regulatory framework of the Internet and its the international implications.

Upon completion of this unit, students should have:

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

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

Upon completion of this unit students should:

1. have a general understanding of the various regulatory systems in place within the Australian banking and finance industry
2. have a general understanding of the legal basis of the banker-customer relationship
3. have a general understanding of the duty of confidentiality owed by financial institutions to customers and the erosion of that duty by reference to the AML Act, pre-trial discovery and inspection and orders for production by foreign courts
4. gain a comprehensive understanding of the disclosure obligations imposed on financial institutions under the AML Act, the enhanced the role of Austrac, the extra-territorial operation of the AML Act, special provisions concerning designated business groups and due diligence requirements concerning correspondent banking
5. have a good understanding of the rules regarding the tracing of funds through bank accounts and foreign jurisdictions
6. have a good understanding of the risks to financial institutions in the course of handling money laundered through the banking system, including contractual liability, statutory liability, common law liability (conversion of cheques obtained by theft or fraud and for restitution) and equitable liability (constructive trusts)
7. have a good understanding of specific civil claims that may be by a victim of theft or fraud against recipients of the traceable proceeds of theft or fraud, namely, for conversion of cheques, restitution of money and liability as a constructive trustee
8. understand the legal requirements in making proprietary claims to specific property obtained through money laundered funds
9. be able to understand, evaluate and apply legal and policy arguments in favour of reform of certain areas of law and practice insofar as they might impact on the banking and finance industry.

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

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

Upon successful completion of this unit, students will:

1. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Practice (topic group D) and Professional Conduct (topic group B)
2. acquire an understanding of the rights, privileges and responsibilities of trade marks attorneys
3. be able to advise clients in relation to the prosecution of trade marks applications, opposition to trade mark applications and the maintenance of registration and the means of exploiting those trade marks
4. be able to undertake the tasks of filing and prosecuting applications for trade mark registration
5. be able to undertake the tasks of advising a client on and filing opposition to a trade mark application, including the preparation of relevant evidence and the conduct of hearings
6. be able to advise clients on the desirability of seeking trade mark protection
7. be able to advise clients on alternative protection regimes in Australia (such as passing off and use of the Trade Practices Act)
8. be able to advise clients on trade mark registration in other countries and via international conventions, including Paris convention trade mark applications, Madrid Protocol applications and European Community Trade Mark applications.

Students who have successfully completed the subject will have:

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

Upon completion of this unit students will be able to:

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

On successful completion of this unit, students should:

1. understand the technical foundation of electronic commerce;
2. understand the policy issues posed by e-commerce systems for government, business, consumers and citizens in conducting their transactions electronically;
3. know the basic framework of laws governing electronic signatures and other identity management systems, electronic contracting, electronic payments, information privacy and information security law relevant to electronic commerce;
4. understand the costs and benefits of using national law reform as a strategy to promote the use of electronic commerce; and
5. have developed skills of legal research and oral presentation of legal policy, rules and argument in an interactive seminar context.

On completion of this unit, students should have an understanding of the impact of surveillance activities on privacy and the mechanisms available to protect privacy, encompassing more specifically:

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

Upon successful completion of this unit, students should have:

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

In addition, students should have:

6. improved their ability to participate in debate in the context of an interactive seminar; (h) improved their ability to offer constructive feedback to peers
7. improved their ability to clearly and persuasively present ideas and arguments in oral and written form.

Students completing this unit will be able to:

1. understand the intersections between the international human rights regime and international economic institutions {eg, WTO, World Bank, IMF, investment tribunals, multinational corporations)
2. understand the most relevant human rights in the context of economic globalization, including the right to development, economic social and cultural rights, and the right of political participation
3. identify the human rights impacts of the operations of international economic actors
4. identify the human rights obligations of international economic actors
5. identify avenues through which human rights concerns can be raised within international economic institutions
6. understand the notion of extraterritorial obligations between rich and poor States
7. understand proposals for greater integration between human rights and international economic law
8. enhance their skills in legal and written research on the above topics

Students who have successfully completed this unit will:

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

Upon completion of this unit students will have:

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

At the end of the course the student will be able to:

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

Students who have completed this unit will have:

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

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

On completion of this Unit students should be able to demonstrate:

1. an understanding of the elements of the major substantive offence categories of non fatal offences against the person, homicide, attempts, parties to crime, offences against property and strict liability offences, together with defences to crime;
2. 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. 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. the analytical and interpretative skills necessary for giving advice in relation to criminal law problems.

On completion of this unit students will have:

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

On completion of this unit students will be able to

1. integrate knowledge of property law principles and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems
2. critically evaluate the social and economic purposes and effects of property law principles, using theories, broader contexts and comparative perspectives
3. research independently, synthesise and analyse property law information in standard formats to create new understandings or new applications
4. interpret, communicate and present property law ideas effectively and persuasively to specialist and non-specialist audiences and peers.

On completion of this unit students will have:

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

On completion of this unit students will have:

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

On completion of this unit students will be able to

1. integrate knowledge of property law principles and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems
2. critically evaluate the social and economic purposes and effects of property law principles, using theories, broader contexts and comparative perspectives
3. research independently, synthesise and analyse property law information in standard formats to create new understandings or new applications
4. interpret, communicate and present property law ideas effectively and persuasively to specialist and non-specialist audiences and peers

On completion of this unit students will have:

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

On completion of this unit students will have:

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

On completion of this unit students will have:

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

On completion of this unit students will have:

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

Principles of Corporations Law (LAW7275) aims to provide students with a thorough grounding in this important area of law and to enable them to gain familiarity with, and an understanding of, the basic principles underlying the subject.

The Unit aims also to give students practice in resolving practical problems in corporations law, in developing their research and writing skills and their ability to critically appraise the content and operation of legal principles in this area of law.

On completion of this unit students will have:

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

The Unit aims to develop in students a strong understanding of the rights and obligations of those who direct and manage the corporation, and those who invest in it. Together with LAW7252, the Unit provides a full coverage of the legal principles of Australian corporations law, in conjunction with LAW7275.

The Unit also aims to enhance students' ability to resolve problems in corporations law, to research and write effectively in this area of law and to consider and debate the law in the context of corporate theory, and taking into account the social context in which corporations operate and how the law responds to and balances the interests of a range of corporate stakeholders.

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

The unit aims to:

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

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

1. the ways in which electronic and telecommunication devices may be used in the commission of crime
2. the difficulties which such devices present in the detection and investigation of crime and the means which are adopted to combat these difficulties
3. jurisdictional difficulties in determining where an offence has been committed
4. the application of existing criminal law to cybercrimes
5. Australian and overseas legislative responses to cybercrime.

Students should also gain:

• enhanced research skills;
• an enhanced ability to critically analyse and evaluate both existing law and proposed reforms;
• interdisciplinary perspectives; and
• enhanced skills of oral presentation

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

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

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

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

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

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

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

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

On completing this unit a student should have:

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

The main objectives of the unit will be to:

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

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

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

On completion of this unit students should be able to:

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

Upon completion of this unit students should be able to demonstrate their understanding of:

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

Upon successful completion of this unit, students will have achieved the following broad learning objectives:

1. a good understanding the law relating to corporate governance including the rights, powers and duties of directors, managers and auditors
2. knowledge of legal and self regulation of corporate governance
3. a knowledge of current reform proposals; an awareness of law-and-economics perspective; and an introduction to comparative corporate law.

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

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

Students who have successfully completed the unit will:

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

On successful completion of this unit, students will:

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

Upon completion of this unit, students should:

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

Upon successful completion of the subject students should have:

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

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

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

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

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

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

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

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

On completion of this subject students should understand and be able to critically analyse, research and apply the following knowledge:

• the theories, history, politics and practice of ESC rights as part of international human rights law;
• the role of domestic courts and other national actors in monitoring ESC rights at the State level;
• the tools that regional organisations and the United Nations have developed to monitor ESC rights;
• the role ESC rights play in the debates concerning the North-South divide and the duties of international development and cooperation of the rich States towards the poorer States;
• the role of benchmarks and indicators in monitoring progress in the fulfillment of ESC rights;
• be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to economic, social or cultural rights;
• further develop legal research, writing, and legal argument skills in the area of economic, social or cultural rights; and
• further develop oral articulation of legal argument during class discussions.

Upon completion of this unit, students should:

1. have a comprehensive understanding of international, comparative and local approaches to combating terrorism, both in a historical context and in response to the post September 11 'war on terror'
2. have a comprehensive understanding of international, comparative and local anti-terrorism laws
3. be able to analyse and critically comment on the international and domestic human rights implications of anti-terrorism laws
4. have a comprehensive understanding of the relationship between international criminal law, international humanitarian law and international human rights law as they relate to terrorism and counter-terrorism laws and practices
5. understand and be able to analyse and critically comment on the theoretical and policy debates regarding the balance between combating terrorism and upholding international human rights law
6. be able to analyse the extent to which Australia's domestic anti-terrorism laws are consistent with international and domestic human rights law
7. be able to critically evaluate the strengths and weaknesses of Australian laws and structures relating to the human rights of those suspected of committing, or charged with, terrorism offences
8. be able to analyse and compare anti-terrorism laws enacted in key domestic jurisdictions, including Australia, the United States and the United Kingdom
9. have a comprehensive understanding of the international human rights obligations and standards, and the system for monitoring and enforcement thereof, pertaining to terrorism and anti-terrorism laws
10. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to terrorism and human rights
11. further develop legal research, writing, and legal argument skills in the area of terrorism and human rights
12. further develop oral articulation of legal argument during class discussions.

Upon completion of this unit, students should have:

1. an understanding of the objectives of broadcasting, telecommunications and radio communications law and regulation
2. a detailed understanding of the legislation governing electronic communications in Australia, including the Broadcasting Services Act 1992 (Cth), Telecommunications Act 1997 (Cth), Trade Practices Act 1974 (Cth) (Parts XIB and XIC), and Radio communications Act 1992 (Cth)
3. a detailed understanding of the institutional framework for regulating broadcasting, telecommunications and the radio frequency spectrum in Australia
4. a good understanding of the challenges posed by technological change for regulatory policies and frameworks
5. an ability to place Australian regulatory and policy developments within the context of international and comparative developments
6. proficiency in analysing communications law issues and advising communications enterprises in relation to the legal and policy issues that apply to the regulation of electronic communications in Australia.

On completion of this unit, students should:

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

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

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

After successful completion of this unit, students will:

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

On successful completion of this unit, students should:

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

Upon completion of this unit, students should have acquired:

1. knowledge of the law relating to anti-discrimination, equal opportunity and harassment in the workplace at federal level in Australia and an understanding of the theoretical and philosophical bases underpinning the legislation
2. knowledge of the role of state laws including the Victorian Charter of Human Rights and Responsibilities Act in anti-discrimination and human rights in the workplace
3. knowledge of the operation in practice of the law of anti-discrimination and an ability to apply the law to workplace anti-discrimination problems
4. an understanding of the current and potential issues facing anti-discrimination law and practice in Australia, informed where relevant by international developments.

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

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

Upon completion of this unit, students should:

1. understand and be able to analyse and critically comment on the theoretical debates about what it means to take a rights based approach to issues concerning ethnic, linguistic, religious and sexual minorities and persons with disabilities
2. have a comprehensive understanding of, and be able to analyse and critically comment on international, regional and local approaches to minority rights
3. be able to critically assess the strengths and weaknesses of the UN processes for protecting minority rights
4. be able to critically evaluate the strengths and weaknesses of Australian laws and structures relating to protecting the rights of minorities at both the state and federal levels
5. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to minority rights
6. further develop legal research, writing, and legal argument skills in the area of the rights of minorities
7. further develop oral articulation of legal argument during class discussions.

On completing the unit, students should be able to:

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

Upon successful completion of this unit, students should:

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

On completion of this unit students should:

1. have a sound understanding of the content of and case law under the domestic bills of rights in Victoria
2. have the ability to compare the implementation of bills of rights in Australia with those of other countries, particularly the UK, New Zealand and Canada.
3. have a sound understanding of the history and processes behind the "Europeanisation" of United Kingdom human rights law, and its relationship with common law protection
4. understand in detail the technique of incorporation of the European Convention of Human Rights under the United Kingdom law Human Rights Act 1998 (UK), and its place in the United Kingdom Constitution
5. understand the human rights jurisdiction of the European Court of Justice in Luxembourg, and how it is applied under United Kingdom law
6. assess the extent to which, in key substantive fields, Australian and United Kingdom human rights law have come to diverge due to the influence of "Europe" on the latter.

Particular reference will be made to the Victorian Charter of Rights and Responsibilities

7. understand how the Bill of Rights Act 1990 (NZ) has secured the implementation of the ICCPR under New Zealand law
8. understand the extent to which the Bill of Rights Act 1990 (NZ) has impacted on New Zealand public law, with a particular emphasis on remedies and the principle of proportionality
9. understand how the Canadian Charter of Rights and Freedoms has secured human rights enforcement in Canada.
10. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to bills of rights
11. further develop legal research, writing, and legal argument skills in the area of bills of rights
12. further develop oral articulation of legal argument during class discussions.

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

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

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

The objectives of the unit are to:

1. critically explore the fundamental changes to the federal system of workplace relations since 'Work Choices' enacted in the Fair Work Act 2009 (Cth) and related legislation
2. analyse the new approach to awards and legislated standards, bargaining, bargaining in good faith, dispute resolution and negotiating enterprise agreements, the role of individual agreements, and unfair dismissal laws
3. understand the role of industrial action in negotiating enterprise agreements under the Fair Work Act 2009 (Cth)
4. analyse the role of new institutions in the system
5. critically examine the constitutional and public policy underpinnings of the federal labour laws
6. understand the likely impact of the changes on employers, employees and unions, and society, including through analysis of recent court and tribunal decisions.

The objectives of the unit are to

1. introduce students to the most significant current issues in relation to international commercial arbitration
2. develop students' understanding of the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies
3. invite students to evaluate different procedural models that may be used
4. have students develop an understanding of the relationship between party autonomy and court supervision in relation to recognition and enforcement of awards and in relation to interim measures of protection
5. enable students to identify and evaluate the emerging challenges thrown up by certain types of commercial disputes, particularly contractual and investment disputes, the latter involving States as parties and which also involve Investment Treaties.

1. To understand the sources of international criminal law and how to identify and apply them in context.
2. To understand the international criminal law framework, the key international criminal courts and the practice of international criminal law in international and domestic jurisdictions.
3. To develop a detailed knowledge of international criminal procedural law, including the rules of procedure and evidence of different institutions that govern international criminal law and the broader procedural architecture of direct relevance to defence and prosecution lawyers appearing before international and domestic courts in relation to international crimes.
4. To develop a deep understanding of how international criminal law is applied in practice.
5. To apply an appropriate level of legal research and reasoning skills to the resolution of practical and theoretical issues in international criminal law.

1. To provide students with an understanding of the role of law in the Israel/Palestine conflict.
2. To provide students with an understanding of the background to the conflict and the major issues that drive it.
3. To introduce students to the key legal issues in the dispute/conflict.
4. To consider whether international law may provide a basis for a peaceful settlement of complex territorial disputes.

1. To understand the rule prohibiting the use of force under the UN Charter and customary international law and the exceptions to this rule.
2. To consider the circumstances in which the Security Council may authorise the use of force and the question whether this authorization has been misconstrued by States in some cases (such as Iraq, 2003).
3. To consider the manner in which States have interpreted the right to use force in self-defence.
4. To consider the question whether the prohibition on the use of force has any meaning today.

Students who successfully complete this unit should:

1. understand the theoretical debates, models, and concepts that underpin policy, regulation, and practice of corporate governance, responsibility, and sustainability
2. appreciate and evaluate the commonalities and differences between Australian and suitable comparative corporate regulatory systems
3. interpret, apply, and analyse the key elements of corporate governance, responsibility, and sustainability regulation in Australia and select transnational jurisdictions
4. relate international and comparative developments in corporate governance, responsibility, and sustainability to Australian scholarly, regulatory, and business debates about corporate social responsibility (CSR), socially responsible investing and reporting, and investment decision making that accommodates environmental, social, and governance (ESG) considerations
5. compare and contrast the regulation and practice of corporate governance in the Australian business sector with corporate governance in the Australian public sector, including government owned corporations, government business enterprises (GBEs), statutory corporations, and other public sector departments and agencies.

Upon successful completion of this unit, students should:

1. understand the governance framework for procurement regarding major government and private projects including value for money and accountability objectives
2. understand the major causes of procurement risk and how to treat them
3. identify appropriate procurement methodologies for projects (includes alliances, partnering, PPPs, and Early Contractor Involvement)
4. understand the various financing options for projects
5. understand how to conduct tenders fairly and effectively
6. understand the various accountability and auditing functions applicable to procurement
7. understand the benefits and costs of relational contracting
8. be able to write clearly, concisely and logically on issues relating to procurement law.

Students who successfully complete this unit will be able to:

1. understand the basic principles of direct taxation on a comparative basis
2. understand the different legal contexts within taxation is regulated around the world
3. understand different policy goals underlying tax law in developed countries as well as net capital exporting countries and in developing countries
4. understand the relationship between domestic tax law and tax treaties in a selected number of civil and common law jurisdictions around the world
5. understand the interaction among tax systems at the international level in the presence or absence of double taxation conventions
6. understand the methodologies used in (a selected number of) civil and common law jurisdictions around the world to interpret the law of taxation
7. understand the foundations of international tax planning
8. be prepared to apply the outcome of their analysis to carry out a constructive criticism to the principles that underpin the Australian tax system.

Upon completion of this unit, students should:

1. appreciate the historical growth of the international development movement since 1945 and understand the key debates in development practice
2. understand the role of law in development and the history of the law and development movement
3. understand and be able to analyse and critically comment on the theoretical debates about the role of law in development
4. understand and be able to analyse and critically comment on the intersection between international human rights law and international development goals and practice
5. understand and be able to analyse and critically comment on the variety of ways in which international human rights law may be used to set and achieve international development goals, and enhance development practice
6. be able to critically evaluate the strengths and weaknesses of attempts by the UN and other multilateral bodies to develop a "rights based" approach to development
7. be able to critically evaluation the role of non-State actors, particularly international development NGOs in the protection and realisation of international human rights
8. analyse the extent to which Australia's obligations under international human rights law relate to the aims and obligations of its foreign aid programme
9. be able to identify, understand, evaluate and apply relevant principles, laws and precedents and apply them to enhance current approaches to international development.

Upon completion of this unit, students should:

1. be able to identify and recognise a human rights issue as it arises in a legal dispute
2. be able to articulate and advance human rights arguments based on the particular dispute
3. be able to apply relevant human rights jurisprudence from comparable domestic legal system such as the United States, Canada, New Zealand and the UK to apply in the Australian context
4. to be able to develop logical and sound legal argument with respect to the application of human rights principles
5. be able to identify appropriate remedies in relation to the human rights questions that are raised
6. to develop a sound and critical understanding about the operation of human rights law in a practical setting
7. to be able to identify appropriate limitations on human rights and the concept of proportionality.

Students who have successfully completed the unit will:

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

A student who completes this unit should:

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

Students completing this unit should have acquired:

1. the ability to critically analyse 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.

Upon completion of this subject, students should:

1. understand the evolution and nature of the international regime for refugee protection
2. have detailed knowledge of the international instruments applicable to asylum seekers and refugees, including the Refugees Convention
3. be able to compare the responses of different states and regions to refugee issues since the creation of the Refugees Convention
4. understand and be able to evaluate the human rights of refugees and asylum seekers under the Refugees Convention and related relevant international instruments
5. understand and be able to evaluate the application of human rights protection to refugees and asylum seekers
6. have acquired detailed knowledge of the concept of a 'refugee' under the Refugees Convention and of the various elements of the refugee definition
7. have acquired detailed knowledge of the measures taken by receiving states and regions, including the EU, to restrict the conferment of protection on refugees and asylum seekers or to provide alternative forms of protection
8. enhanced oral and written communication skills, including the ability to conduct research and to devise a research project.

On a successful completion of this unit, students should:

1. have an understanding of the international legal framework for foreign investments
2. have an understanding of the historical development of the law and the economic, political and institutional factors that have shaped the law to its current state
3. have an understanding of the various sources of law, and the interrelation between international and domestic law relating to foreign investments
4. have an understanding of the interrelation between international investment law and other areas of international economic law
5. understand the core international legal principles and norms that apply to international investments, such as Expropriation, National Treatment, and Fair and Equitable Treatment
6. understand investor - State relations, aspects of international investment contracts, and international investment arbitration
7. identify the main procedural and substantive issues that affect activities of foreign investors
8. understand the differences between foreign investment arbitration and international commercial arbitration, and be able to analyse and evaluate awards issued by foreign investment arbitral tribunals
9. be able to undertake post-graduate level research in the subject area.

On completion of this unit students will have:

1. acquired an understanding of certain fundamental concepts of the common law of contract, including formation of contracts and matters effecting formation and contractual terms
2. acquired a familiarity with the principal Federal and State legislation affecting contracts and the ability to analyse and apply this legislation to contractual situations
3. a coherent, critical and policy aware understanding of the principles of the law of contract
4. the ability to extract and evaluate principles from primary and secondary law sources (cases, statutes, textbooks, articles and other writings about contract law).