Monash University Handbook 2014 Undergraduate - Units

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

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

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

Contract law addresses the broad concepts, principles and rules used to determine the content of binding promises and as appropriate, their defeasibility or enforcement in a market economy. Contract B builds on Contract A (which mainly covers formation, terms and construction of terms of contract). Contract B focuses on three main areas, namely:

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

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

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

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

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

Topics include: the Constitutions of Victoria and the Commonwealth of Australia, the Statute of Westminster and the Australia Acts; basic constitutional principles such as representative and responsible government, parliamentary sovereignty, and separation of powers; techniques and principles of constitutional interpretation; Australian federalism and inter-governmental relations, including the distribution of legislative and fiscal powers between the Commonwealth and the States, inconsistency of laws, and intergovernmental immunities; principal Commonwealth legislative powers; limitations on governmental power including selected express and limited constitutional rights and freedoms.
Students wishing to practise law in Malaysia must undertake LAW3200, a full-year offering of Constitutional law.

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

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

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

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

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

Banking law and regulation around the globe have gone through tremendous changes over the last decade. The technological and multimedia developments, recent financial crises, changes to the commercial environment and financial markets globalization have all brought to the emergence of new banking policies coupled with innovative and advanced banking services. As banks and the services they supply are a key component in any modern financial system, policy makers, courts and legal practitioners are now facing more challenges than ever before.

The course deals with the law and practice of banks and their relationship with their customers, while focusing on the most recent changes and advanced innovations in the banking industry. It is designed to impart the students with unique knowledge on one of the building blocks of the commercial and financial market from a comparative and global perspective.

Principle topics will include

1. Legal definitions of 'banker' and 'customer'
2. The juridical nature of the relationship between the parties and their special obligations (including banks fiduciary duty and bank's secrecy
3. The payments system:
1. Law governing negotiable instruments and cheques
2. Payment cards
3. Electronic banking
4. The banks right to combine accounts
5. The lien and bank opinions
6. The termination of the banker-customer relationship
7. Deregulation of the financial system and statute law relating to banks and other financial institutions.

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

This unit provides an examination of areas of criminal law and procedure in which gender is particularly significant, and introduces students to feminist theories of law and criminality, and relevant rights analyses. Students will be encouraged to think critically about how the criminal law and its practice have evolved historically. Violence and gender will be a focus, including an examination of violent behaviours, the censures of violent behaviours, the operation of criminal defences, and developments in the laws dealing with sexual assault. A range of current issues will be discussed, including issues raised by sentencing and imprisonment.

The course focuses on contemporary problems in Australian constitutional law that are not covered in depth in Constitutional Law, LAW3201, with a comparative dimension where appropriate. Topics will include methods of constitutional interpretation (including the tension between the framers' original intentions and contemporary values); express constitutional rights (trial by jury and freedom of religion); implications drawn from the Constitution, including the separation of powers as a new springboard for implied rights and the demise of the cross-vesting scheme; the "races power"; the defence power both in war and peace; military discipline tribunals; and parliamentary privilege.

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

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

This unit will examine the following major areas:

1. the development of the Australian federal system for regulating workplace relations, industrial disputes and minimum conditions of employment, including the federal agencies Fair Work Australia and the Fair Work Ombudsman; the impact of globalization and international labour standards on the Australian labour market and its regulation
2. the scope and coverage of the Fair Work Act 2009 (Cth), its constitutional basis and attempts to establish a national system
3. statutory minimum conditions for Australian workers, minimum wages and the safety net provided by the Modern Award system
4. the purpose, scope and content of enterprise agreements; good faith bargaining and the use of industrial action as a bargaining tool
5. the protection of workplace rights, such as the right to join a union
6. the enforcement of minimum conditions, modern awards and enterprise agreements through the Fair Work Ombudsman and the court system.

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

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

Topics include: an overview of international organisations and the role they play in the development of international law; the sources of international institutional law; the United Nations, including the General Assembly; the Security Council, peacekeeping operations and human rights; global judicial bodies including the International Court of Justice and War Crimes Tribunals; international economic organisations including the IMF and the World (IBRD); regional organisations particularly APEC; the effectiveness of international organisations including enforcement issues and prospects for reform.

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

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

This Unit examines the right of employees to bargain collectively and the right of freedom of association in international law, and how those rights are reflected in the Fair Work Act 2009. This examination includes the regulation of enterprise bargaining, secret strike ballots and the right to strike in the context of bargaining for an enterprise agreement; the right to belong (or not to belong) to a trade union and the right to engage in lawful industrial activities.

The Unit also examines the role and functions of trade unions, the legal status of trade unions and their obligations. The role of the common law and the secondary boycott provisions in the control of unlawful industrial action are also considered.

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

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

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

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

Students will study the relationship between law and justice; major theories of the foundations and the nature of law (legal positivism, natural law, legal realism); the nature of legal reasoning and the role of value-judgments in judicial decision-making; the meaning of statutes and constitutions; judicial activism and fidelity to law.

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

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

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

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

This unit looks at the principles that the Australian courts apply to civil cases in which not all facts are linked to a single jurisdiction. There may be links to foreign countries or to more than one Australian jurisdiction. The main questions considered in this unit are:

• when do the Australian courts assume jurisdiction in civil and commercial cases involving a foreign element?
• when can foreign judgments in civil and commercial matters be enforced in Australia?
• what are the general principles of choosing the applicable law in cases involving a foreign element?
• what are the specific rules of choosing the applicable law for contract, tort and marriage?
• what are the theories underlying the rules on choice of law?

This unit is highly useful for students who plan to go into legal practice.

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

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

Drawing on ideas first developed at the Harvard Negotiation Project and on work from a variety of research perspectives, this unit examines the theory and practice of negotiation and aims to improve students' effectiveness as negotiators. Adopting an intensive blended learning approach that incorporates lectures, readings, simulations, exercises and discussion, students will: analyse different negotiating styles; practice utilising a principled negotiation framework; learn how to collaborate, create and claim more value; influence and communicate more effectively; better manage emotions; deal with difficult tactics; and reflect on issues of ethics and deception. In addition, students will explore a spectrum of other advocacy and dispute resolution processes (including mediation as a form of facilitated principled negotiation) and consider related issues of suitability, choice and the role of the lawyer.

This unit introduces students to European Union law. After an overview of the historical development of European integretation and the ideological, political and economic factors shaping the Union, the unit focuses on the constitutional and institutional architecture of the European Union as well as selected issues of substantive European law. The unit explores the composition, roles and functions of the EU's main institutions; it analyses the principles and procedures governing law-making in the EU, the enforcement mechanisms of EU law and available judicial remedies; it covers the interactions between the EU and national legal orders. It also analyses the most important areas of substantive European law related to the Internal Market, such as the free movement of goods and workers. It concludes by examining the EU's external relations.

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

Examines legislative structures for resolving disputes between parents, children and State child welfare authorities and the difficulties which arise as the result of the divided Commonwealth/State responsibility. Examines creation of families and parent-child relationships, common law and statutory principles governing rights and responsibilities of parents, particularly the provisions of Family Law Act 1975 (Cth). Examines paramountcy of 'best interests of the child' and relevant considerations.

Topics include: sources of international refugee law and the evolution of the international regime for refugee protection; comparative implementation of the refugee definition in Europe and other jurisdictions; modification of the Refugees Convention in domestic legislation; restrictive concepts such as 'internal protection' and 'safe third country'; the development of 'complementary protection' for asylum-seekers; issues raised by regional responses and creation of 'burden sharing' arrangements between States; procedures for determination of refugee status; proposals to reformulate the refugee protection regime.

Both the structure of government and human rights guarantees - in constitutions of the Western liberal-democratic tradition - will be considered. Structure-of-government topics may include the design and function of legislatures and their component Houses; heads of state; federal division of powers; judicial power and constitutional Courts. Rights provisions to be considered will be selected from traditionally protected rights such as freedom of speech and freedom of religion. The dialogue model of rights protection pioneered in Canada will also be considered. In conclusion, attention will be devoted to the approaches to constitutional interpretation manifested by various Courts: to what extent should they strive to be loyal to the text and/or the founders' intentions?

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

This unit introduces students to the nature and function of equity in the modern Australian legal system. Students learn about the relationship between equity and the common law within the broader context of Australia's judge-made private law, and study key doctrines of equity, including breach of confidence, fiduciary relationships and the duties to which they give rise, equitable property rights and equitable remedies.

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

On completion of this unit students will have covered the following topics:

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

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

This is a program of individual research and writing on a legal topic or project which has been approved by the Chief Examiner after consultation with the proposed supervisor. The topics or projects may be associated with opportunities for placements or internships in legal services in the private or government sectors, in Australia or overseas.

This is a program of individual research and writing on a legal topic or project which has been approved by the Chief Examiner after consultation with the proposed supervisor. The topics or projects may be associated with opportunities for placements or internships in legal services in the private or government sectors, in Australia or overseas.

Classes in legal problem-solving techniques. A guide to the theory of legal argumentation and explains how those skills can be applied for maximum benefit in dealing with legal problems. Development of students' legal research skills with emphasis on teaching students how these skills can be applied to produce efficient and accurate legal writing. Presentation and defence of a legal submission, enhancing their oral presentation skills and their ability to work with others. While print sources will be referred to, a greater emphasis will be placed on electronic sources with the resources of the Internet.

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

• the family - history and the concept of 'the family'
• practising family law - professional and ethical challenges and courts jurisdiction;
• marriage and divorce - obligations created by marriage
• dividing property under the Family Law Act - principles relating to property division between married couples and those living in a de facto relationship
• children's rights and parental responsibilities - the Family Law Act relating to parental responsibility and parenting orders
• family support spousal maintenance and child support.

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

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

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

NB Quota applies.

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

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

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

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

The growth of international criminal jurisdiction and the continual improvement in opportunities for legal cultures to interact with one another have led to a much greater interest, both practical and theoretical, in comparative criminal law over the last decade or so. Even within Australia, the creation of a federal Criminal Code has allowed for an even more extensive use of the possibilities inherent in federalism for comparative criminal law within the one country.
The first topic to be examined is what use can be made of comparative criminal law and the pitfalls that may be encountered in doing so.
Topics to be considered will then include: whether the criminal law should be codified, and what codification means; the role of intention in the criminal law and the different definitions of intention in various legal systems; murder, manslaughter and sexual offences (both consensual and non-consensual); crimes of omission; the prohibition of retrospective criminal offences, the right to silence, trial by jury and topics in sentencing law (including plea bargaining).
Throughout, there will be an emphasis on comparative analysis of the criminal law. Jurisdictions to be selected for comparison include the common law of some Australian States and England; statutory modifications of the common law, such as the partial abolition of the right to silence in England; common-law jurisdictions which have adopted entire criminal codes such as Canada, Malaysia, three of the Australian States and the federal jurisdiction in Australia; and civil-law countries, principally Germany but also, as materials are available, others (such as Spain).

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

N.B. Quota applies.

This unit will allow students to acquire knowledge and understanding of a specialist, and increasingly important, area of law. Construction Law: Principles and Practice examines the legal issues impacting on construction projects including the different types of contracts and project delivery methods. In this unit, students explore how construction contracts deal with a variety of issues that arise during the course of a construction project, including variations, latent conditions, delays and defective work, as well as related issues such as insurance and security. Students will examine the relevant legislations and learn to research and write on construction law issues.

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

This Unit examines the legal regulation of the marketplace for consumer goods and services in Australia. The nature of the consumer marketplace is considered, and the ways in which Australian governments seek to protect the interests of consumers is examined. The Unit critically examines the theoretical and evidence-based foundations for consumer protection laws. Particular attention is given to the operation of the Australian Consumer Law regarding unfair contract terms, consumer guarantees, and manufacturer's liabilities. Attention is also given to the regulation of buying consumer goods and services on the Internet, the operation of the National Consumer Credit Protection Act, the regulation of retail investment advice, industry codes of conduct and resolving consumer disputes.

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

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

The unit will provide an introduction to the international laws of armed conflict (LOAC), known also as International Humanitarian Law. It will cover the historical development and sources of LOAC, the moral dilemma created by the regulation of armed conflict and how armed conflict has come to be regulated: e.g. the fundamental principles applicable to the conduct of armed conflict, the permissible methods and means of armed conflict, the protection regime under the Geneva Conventions, their Additional Protocols and the developing body of customary international law, the distinction between combatants and civilians, treatment of prisoners of war (particularly in light of recent events at Guantanamo Bay). It will also cover the imbalance of protection between international and non-international armed conflict.

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

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

The Phillip C. Jessup International Law Moot Court Competition is conducted each year and runs over the summer semester. Five students will be invited to participate and will be selected each year from those students who have successfully completed the Jessup Moot Seminar unit. The team of five students will work closely in a team to prepare detailed and lengthy written submissions and represent fictional States in a topical hypothetical case before the International Court of Justice. Written memorials are submitted in mid-January each year. The team will then moot against teams from other Australian Universities. The Australian Regional Rounds are usually held in Canberra in the first week of February. The two finalist teams from the Australian Regional Rounds then travel to Washington DC to compete in the International Rounds against teams from around the world.

Students participating in the Jessup International Law Moot Court Competition will, inter alia:

1. acquire and develop proficiency in oral advocacy, legal research and legal writing skills in the highly demanding, yet exciting global context of public international law
2. develop and broaden their knowledge and expertise in public law and international dispute resolution before the International Court of Justice
3. experience the concept of through preparation of a particular case on public international law and the opportunity to match their preparation with that of equally prepared students in a national and possibly international competition setting.

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

This subject unit takes a radically different approach to the study of law by focusing on forms of conflict management, dispute prevention and dispute resolution outside the adversarial system. It examines ways of lawyering that employ non-adversarial, psychologically beneficial, and humanistic methods of solving legal problems, resolving legal disputes and preventing legal difficulties.
Traditional legal education, with its focus on case law and judicial decision-making, tends to overstate the importance of both law and litigation in resolving disputes. This subject aims to equip law students with the knowledge they need to work with and think about non adversarial processes, an essential element of lawyering in the twenty-first century.
Non-adversarial justice is a focus on non-court dispute resolution or on processes used by courts which adopt a problem-solving approach. Theories of non-adversarial justice emanate from multiple disciplines and include alternative dispute resolution (and its component processes such as mediation, evaluation, negotiation, conciliation and arbitration), participatory justice, therapeutic jurisprudence, preventative law, restorative justice, collaborative law, diversion, shadow of the law theory, problem-solving courts, managerial justice and multi-door courthouse theory. Non-adversarial techniques and processes have been employed in fields as diverse as native title land negotiations, criminal cases, disputes over telephone bills or banking, negotiations over work conditions, disputes over residence of children after separation, decisions about where to locate hazardous materials sites and in truth and reconciliation commissions.
This subject starts by critically examining our adversarial legal system and how lawyers operate (and are perceived to operate) within it. We then explore the nature of non-adversarial justice, the various theories behind the movement and the reasons for the perceived need for non-adversarial processes. Students will learn about a range of non-adversarial processes and the theories behind them. A focus of student learning will be upon understanding when the use of such processes may be appropriate or inappropriate. The aim of teaching students this is to help them to understand the role that lawyers can play in preventing conflict and in providing non-adversarial means of conflict management or resolution. Students will be asked to reflect upon the role that lawyers can and do play in non-adversarial processes and upon the ethics of legal practice in such circumstances. Role plays may be used to assist with gaining understanding in this area.
As part of their assessment, students will be asked to observe a legal process such as a court hearing. They will be asked to take notes on what they see and evaluate the process from the perspective of participants and how it impacts upon them. Students will be expected to suggest changes to practice, policy or law that would improve the process. It is anticipated that this exercise will assist students to develop skills in observation and critical analysis of legal processes including making recommendations for change or law reform. In preparation for this exercise, students will be provided with information about how to conduct observations, how to analyse such information and on the law reform process.
A research essay will test students' research and analytical skills. Students will be encouraged to research an aspect of the syllabus in order to gain and deeper understanding of the interaction between the theory and practice of non adversarial justice.
Examples of non adversarial processes that are employed in a range of different fields, include:
mediation (including some of the newer practices in the mediation field)
arbitration
conciliation
facilitation
negotiation
ombudsmen schemes;
managerial justice (case management)
restorative justice schemes
truth and reconciliation commissions
Examples of specific dispute resolution services or specialist courts that may be studied include;
Community justice and dispute resolution centres (including the new Collingwood Neighbourhood Justice Centre)
The new Family Relationship Centres;
Drug Courts;
Family Violence Courts;
Children's Court;
Koori/Murri Courts;
Mental Health Courts;
The Family and Federal Magistrates' Courts;
Coroner's Court
Royal Commissions;
Administrative tribunals;
Group Conferencing schemes;
Victim/offender reconciliation/mediation programs;
Healing circles; and
Sentencing circles

Criminal investigation and procedure involves an examination of the elaborate and sometimes complex set of arrangements which have evolved over many hundreds of years for dealing with the processing of criminal cases against alleged offenders.

Criminal investigation and procedure involves not only a study of the process and the law relating to the various elements of that process but also a consideration of some fundamental issues of political and legal philosophy: in essence, what is the appropriate balance to be struck between the community interest in preventing and dealing with crime and the liberties and interests of the individuals who are caught up in the system?

The Unit deals with the following topics and issues:

• The underlying purposes of the criminal investigative and procedural system
• The architecture of the criminal investigative process: police, prosecution, defence and the courts
• Criminal investigative arrangements: investigation, rights and responsibilities
• Commencing criminal proceedings
• Custodial investigation: questioning, identification, forensic and other procedures
• Bail
• Prosecution processes and principles
• Criminal trials
• Sentencing
• Appeals

The unit is a problem based seminar where students simulate a team of lawyers acting on a complex project, requiring them to consider the interplay between legal systems and discrete areas of substantive and procedural law. The seminars involve discussion and simulations. The lecturer will provide background lecturing and information on key areas, but the essence of the unit is student centred learning. Students will be broken into groups to undertake the research, engage in discussions and report back to the seminar as they would in legal practice when assisting an employer in an activity such as this.
The lecturer will provide feedback on presentations (which would provide ongoing and regular formative assessment), and direct the research and thinking for the next stage of the project.
While the pedagogical approach to the unit will remain constant, the actual problem to be used will vary in each year. The problem may be primarily commercial or non-commercial although it could equally combine elements of each. Students will be advised of the content of the problem prior to enrolment.

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

This unit examines the ways in which Australian law defines and regulates the relationship between humans and animals. It will introduce students to the key concepts, legal frameworks and regulatory regimes that apply to this area and will encourage a critical engagement with those principles and regimes. The unit begins by providing an historical overview of the status of animals as property in the law. It will then consider competing philosophical theories and interests that have motivated the evolution of law as it relates to the regulation and protection of animals.

The unit will then analyse a range of regulatory regimes under Australian state and federal law that apply to our interactions with animals, be those domesticated, wild or agricultural animals. This will include: the use of animals in scientific experiments, sport and entertainment, the regulation of the agricultural use of animals, animal welfare standards and free trade, the live export industry, issues relating to companion animals, and issues affecting wild animals such as hunting, endangered species, pests and zoos. Students will explore particular problem areas in these fields, as well as being introduced to discrete issues in animal protection litigation.

Although the primary focus of the unit will be upon the law in Australia, where relevant the approach in Australia will be compared to overseas jurisdictions and will be considered in the context of relevant international relations and regulation.

The term 'transitional justice' refers to the various judicial and non-judicial measures that may be implemented in order to redress a legacy of human rights abuses. Such measures include criminal prosecutions, truth commissions, reparations and different forms of institutional reform.

This unit will be divided into three parts. Part I will provide an overview of transitional justice. It will consider the meaning of the term "transitional justice" and provide a framework through which the concept of transitional justice may be viewed. It will also discuss the dilemmas inherent in dealing with a legacy of human rights abuse. For example, we will discuss the tension between peace and justice, the advantages and disadvantages of local versus international mechanisms for achieving justice, the tension between allocating resources to dealing with the past and allocating resources to building a better future. We will also consider the various contexts in which transitional justice mechanisms may be applicable. For example, we will consider the transition from dictatorship to democracy, the implementation of transitional justice mechanisms in conflicted democracies and the ways in which countries like Australia may use transitional justice mechanisms to deal with a legacy of human rights abuse against indigenous populations.

Part II of this unit will engage in a more detailed discussion of the actual transitional justice mechanisms. For example, we will consider the nature of prosecutions and the different types of prosecutions available. We will consider the option of a truth commission and how this compares with prosecutions. We will also consider the concept of reparations both from a moral and a legal standpoint and we will discuss the importance of institutional reform.

Part III of this unit will use case studies to ground students' understanding of the subject matter in concrete examples. For example, we will consider the South African truth commission and consider the role that it played in South Africa's transition from apartheid to democracy. We will consider the "Arab Spring" and the role of transitional justice in those societies. In addition to exploring the transitional justice programmes implemented in different countries, we will also engage in a comparative analysis of the various case studies.

Schumpeter wrote of taxation that "nothing shows so clearly the character of a society and of a civilization as does the fiscal policy that its political sector adopts." (History of Economic Analysis, 1954).

Although the primary function of taxation is to raise revenue to finance the operation of the state, the raising of this revenue gives rise to many issues which lie at the heart of the relationship between the citizen and the state such as:

• the role of taxation in a market economy
• who should bear the burden of taxation?
• what should be taxed - income, consumption, wealth, resources?
• the role of taxation in achieving outcomes beyond revenue raising including the role of taxation in the redistribution of resources, and the use of tax expenditures to achieve various social, economic and political outcomes
• the link between the tax and transfer system or, more specifically, the link between taxation and the modern welfare state
• the political influence of individuals and groups in shaping tax policy and legal outcomes.

Despite the significance of taxation across all levels of our economic, political and legal system, it has been repeatedly recognised that the study of taxation has too often been neglected and wrongly dismissed as the province of the technocrat. This unit encourages students to see the importance of challenging this position and of addressing this neglect because questions of taxation speak to the nature of our economic, social and political system.

This unit seeks to introduce students to the importance of tax policy and provide students with the skills to analyse taxation from a range of policy perspectives. It aims to introduce students to the various disciplines relevant to shaping and understanding taxation including economics, politics and law. Importantly students will be encouraged to develop skills of policy analysis and use these skills to enhance their understanding of issues in relation to tax policy and the development and application of tax law.

This unit focuses on the avoidance, management and resolution of construction disputes, which is commonly referred to as the 'back end' of construction law. It begins with a critical analysis of the causes of construction disputes and the role that the construction contract and different project delivery methods play in construction disputes. Students explore various dispute avoidance processes (DAPs) that can prevent conflicts, which invariably arise during a construction project from escalating into disputes. Next, students examine the different 'real time' dispute resolution methods that can be used during the course of a construction project to assist parties to reach completion with no outstanding disputes. Finally, students explore the processes that are available for resolving disputes that remain outstanding post project completion, including ADR, arbitration and litigation. The focus is on the unique aspects of construction disputes that require specific responses including the use of Scott schedules and the hot-tubbing of experts.

Students will analyse construction dispute resolution processes in use in other jurisdictions, in order to evaluate whether the Australian systems are in need of reform. There will also be a critical examination of international arbitration to determine whether it represents world's best practice when it comes to construction dispute resolution.

Students will analyse traditional and alternative ways of resolving construction disputes and learn to research and write on construction dispute resolution issues.

The first half of the unit will consist of an in-depth consideration of the main theories of statutory interpretation: intentionalism, textualism and purposivism. With regard to intentionalism, the focus will not only be on the standard arguments for and against intentionalism, but also on the deeper theoretical commitments of intentionalism. For example, intentionalism presupposes that there is a defensible notion of legislative intent. Students will consider not only classic (aggregative) theories of legislative intent, and the criticisms of those theories, but also contemporary (largely non-aggregative) theories. Students will also consider the current scepticism among judges on the High Court of Australia towards the concept of legislative intent. Similarly, with regard to textualism, consideration will be given not only to the standard arguments for and against textualism, but also to different versions of textualism based on different accounts of the meaning of a legal text. Consideration will also be given to Andrei Marmor's recent argument that, while textualism provides an accurate account of the meaning of statutory texts, few appellate court cases involving statutory interpretation turn on a correct understanding of the meaning of the relevant statutory text.

The second half of the unit will turn from theory to practice, with an in-depth consideration of the High Court of Australia's current approach to statutory interpretation and some criticisms of that approach. Students will consider the role that constitutional principles governing the distinction between judicial and legislative power affect the way in which judges interpret statutes, the general approach that judges take to statutory interpretation and the account of the linguistic content of statutes implicitly accepted by the High Court. Consideration will also be given to the role that the principle of legality plays in the interpretation of statutes, and cases where the legal effect of a statute may differ from its linguistic content (where, for example, that linguistic content is ambiguous or where there is a need for equitable interpretation). Critical attention will focus on the High Court's understanding of the difference between legislative and judicial power, and its understanding of the relationship between the linguistic content of a statute and the legal effect of that statute.

Admission to this unit is by competitive application. The unit will be capped depending on the number of competitions offered from year to year. Criteria for selection will include course progression, marks in completed units, experience or skill in mooting, debating or other advocacy (assessed through an oral advocacy exercise).

Students will be allocated to teams for various external mooting competitions in which they will represent Monash University. These will vary from year to year, but may include:
Michael Kirby Contract Moot
Shine Torts Moot
Gibbs Constitutional Law Moot
Administrative Appeals Tribunal Moot
National Women's Moot
Castan Centre Human Rights Moot
National Environmental Moot
National Family Law Moot
Oxford Intellectual Property Moot
World Human Rights Moot
International Humanitarian Law Moot
Seminars are provided on advocacy techniques, research techniques and the drafting of court documents. Students will then work as a team on the problem relevant to their assigned competition, including researching the problem, preparing written submissions and formulating oral arguments. Attendance at scheduled sessions is compulsory.

Where permitted by the rules of the respective competitions, students will be invited to critique the practice performances of their peers in other competitions. Regular practice moots will also be held for each team, overseen by academics and external guest judges with expertise in the relevant field.

This subject is designed to provide both a comprehensive and critical introduction to global ecoterrorism. The subject introduces students to the broad political challenges raised by the global enfironmental crisis both in the developed and developing world. The general historical evolution of international environmental law and policy will also be analysed. Attention will be given to the major environmental, economic and political tensions that have both shaped and constrained the evolution of 'ecoterrorist' groups.
The subject will in particular focus on the key individuals and major 'ecoterrorist' groups that have grown up as disillusion with the pace of environmental change within global society has increased. The subject will critically analyse the key groups often categorised as ecoterrorist including Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society. It will focus on their founders, historical development, key philosophical beliefs and practices. Students will be encouraged to draw on theoretical debates to identify the ways in which modern ecoterrorism has tested and/or reinforced the traditional assumptions, ideologies, arguments and institutions of international environmental law and policy.
Students will be challenged to develop and refine their ability to analyse critically the different ways in which environmental problems and risks are perceived, framed and managed by differently situated actors within an ecoterrorist context. The subject cover the international and domestic legal responses to ecoterrorism. The subject also contextualises the major legal developments by examining the key state and nonstate actors and institutions involved in the negotiation, settlement and enforcement of law relating to ecoterrorist activities. Finally, the evolving nature of international ecoterrorism law and policy, including problems and prospects for the future, will be critically examined.

This unit will build upon the study of Torts in the LLB Hons and explore a range of torts other than negligence and selected contemporary issues in relation to tortious liability. It will enhance students' understanding of the mechanisms through which torts law addresses civil wrongs. It will analyse the social, economic and political constraints in which torts law operates and how they find reflection in liability rules. Where appropriate, the unit will have regard to materials from other jurisdictions and adopt a comparative approach.

The issues considered may vary, depending on topicality and lecturer/student interest in a given year. They are likely to include some or all of the following:

1. Theoretical perspectives on the role of torts law and its relationship with other compensation systems
2. Torts to Goods
3. Breach of Statutory Duty
4. Economic Torts
5. Protection of dignity and emotional well being
6. Torts remedies
7. Torts law litigation
8. Torts law reform.

The unit focuses on providing the students with an understanding of fundamental aspects of the legal and constitutional systems of Malaysia and Singapore. Topics covered include the making of the Malaysian and Singapore constitutions, the King, Rulers and the Constitution, the 1983 Constitutional Crisis, the 1993 Constitutional Crisis, Emergency Powers and Preventive Detention Laws, the Malaysian Judiciary, religious freedom in Malaysia and Singapore's Presidency.

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

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

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

The unit in Remedies will consider the remedial goals of the common law, equity and some important statutes, as well as examine the legal rules and principles which give effect to these goals.

The focus will be on damages and coercive remedies. The course will begin by studying the principles underlying compensation before moving to restitution, punishment and coercion. While it will not be possible to look at every general law remedy, the major topics concerning the assessment of damages in tort and contract, misleading or deceptive conduct and for breach of equitable obligations will be studied.

Among the questions to be considered are:

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

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

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

Topics covered are:

1. introduction and history of the GATT/WTO system;
2. the nature of disputes and dispute settlement;
3. dispute settlement organs of the WTO;
4. dispute settlement rules and procedures;
5. elements of non-violation complaints and GATT/WTO jurisprudence;
6. jurisdiction, standing and essential elements of a claim:
1. against whom may a claim be brought?
2. the proper complainant
3. activities which may be challenged.
7. consultations, arbitration and alternative dispute resolution:
1. consultations
2. good offices, conciliation and mediation
3. arbitration.
8. establishment of the panel process:
1. panel composition
2. terms of reference.
9. panel functions, process and procedure:
1. powers and obligations of panels
2. due process and procedure
3. timing and urgency
4. substantive stages of the panel process
5. multiple complaints and joinder
6. third party rights
7. standard of review
8. panel report - recommendations and rulings.
10. sources of law and their interpretation;
11. evidence, fact finding; burden and standards of proof;
12. implementation and remedies;
13. appeals and the appellate process:
1. appellate Body Jurisdiction
2. rights to appeal
3. grounds of appeal - Law vs Facts.
14. additional dispute settlement provisions - treatment of developing countries.

The "democratization of credit" refers to the recent expansion in access to credit by households in the lower ranges of the distribution of income. A major policy question raised by the democratization of credit is how to adapt consumer bankruptcy law and parallel out-of-court measures to the increased incidence of over indebtedness. As the recent sub prime crisis highlights, common law systems have generally taken a laissez-faire approach and used the bankruptcy system as the primary legal remedy when debtors cannot repay their loans. This unit will deal with the approaches taken in a number of jurisdictions, including Europe and North America, to address the policy questions raised by the democratization of credit in recent years. Among the subjects considered are: out of court and formal bankruptcy procedures, consensual negotiation, creditor responsibility and the historical trajectory of regulatory approaches to over indebtedness.

This unit will introduce the students to the fundamental concepts, policies and mechanisms of corporate insolvency law. It will emphasize specifically the mechanisms designed for rescuing a firm as a going-concern. The unit will discuss formal insolvency proceedings as well as informal out-of-court negotiations between a firm and its creditors. The unit will focus on the following issues:

1. introducing the various types of corporate insolvency proceedings;
2. the legal requirements for initiation of each insolvency proceeding;
3. management's fiduciary duties upon insolvency of the firm;
4. the control of a firm while it undergoes an insolvency proceedings;
5. advanced financial planning to combat corporate insolvency (bankruptcy remote
6. ;
7. a comparison between insolvency proceedings and out-of-court negotiations;
8. the relationship between insolvency proceedings and a government bailout;
9. the authorities of financial regulators upon a firm's insolvency;
1. the moratorium against the firm's creditors;
10. the avoiding powers in and insolvency proceeding;
11. the priority between various types of creditors;
12. prototypes of corporate rescue (reorganization or going-concern sales);
13. creditors' representation and voting rights in a rescue regime.

Product Liability refers to civil liability for injuries caused by defective products. This class will focus mainly on two systems of addressing injuries from defective products the American law system and the European Union system.
Product liability occupies a central role in American law, as the number of new products used by consumers has increased exponentially. With this proliferation of new consumer products has come an increase in injuries. Products liability is a major way America attempts to deter firms from manufacturing unsafe products, and to compensate those that suffer injury from those products.
The first part of the course will examine the American product liability system, focusing on the key sources of law underlying that system--common law principles of negligence, strict liability and deceit, contract and warranty principles, and statutory principles found in the Uniform Commercial Code. Using these sources of law, the course will explore the main theories of manufacturer liability, the concept of product defect, and defences available to the manufacturer under American law.
The second part of the course will explore the same issues from the EU perspective. The European Community adopted its first Product Liability Directive in 1985, and its version of strict products liability has since been adopted in some version in many parts of the world. The EU approach differs in many important ways from the American approach. For example, the EU directive focuses on a test for defect the consumer expectation test that has been abandoned or given less significance in most American jurisdictions. The two systems like wise differ in their respective approaches to proof, remedies, defences, and defining a proper defendant. Moreover, unlike the American system, where product liability dominates the system of accident compensation, in most European countries, product liability plays a more modest role, and acts more as a supplement to the social compensation systems available in those countries.
Why have the two systems evolved in such different ways? What are the advantages and disadvantages of the different approaches? Those are the core issues that the course will address.

Climate change has been described as the defining legal and policy challenge of the 21st century. This unit provides an introduction to the international legal response to this challenge. It examines critically the emergence of climate change as a public policy problem, the relationship between climate science and climate policy, and the negotiation, content and implementation of international legal instruments related to climate change. It will not consider national, sub national or non-governmental approaches to climate change. Topics to be addressed include:

• the causes and impacts of, and trends in, global climate change;
• the problem of scientific uncertainty and its implications for international climate change law;
• the main options for and obstacles to mitigation of and adaptation to climate change, and the relationship between mitigation and adaptation;
• the international politics of climate change, including the differing positions, interests and priorities of developed and developing states and the special challenges facing particularly vulnerable states and communities;
• the negotiation, content and implementation of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, including Joint Implementation, the Clean Development Mechanism, international emissions trading, financial assistance and technology transfer;
• key issues and developments in the negotiation and implementation of a post-Kyoto international climate change agreement;
• the role and meaning of the concepts of state sovereignty, common concern of humankind, sustainable development, common but differentiated responsibilities, intra- and inter-generational equity, the precautionary principle, and climate justice in the international climate change legal regime;
• key issues, options, proposals and rules surrounding the incorporation of land use and forestry into the international climate change regime, including Reduced Emissions from Deforestation and forest Degradation (REDD);
• compliance, enforcement and dispute settlement in the international climate change regime;
• interactions between the international climate change regime and international regimes related to ozone depletion, biodiversity, law of the sea, human rights, and international trade; and
• options and prospects for a transition to a carbon-free or low-carbon future.

On completion of this unit, a student should be able to:

• demonstrate a solid understanding of the principles of international tax law and design;
• understand the broad framework of Austalia's income tax and GST systems;
• understand Australia's basic international tax rules;
• identify similarities and differences between Australia's basic tax rules and those of other countries, particularly Singapore and Malaysia; and
• engage in discussion about jurisdictional and policy issues relating to the design of tax systems.

Rules aim to create order in our society. They provide structure so people know how to behave and what to expect from others. Rules are devised by people. Biologically, people are creatures that live in groups and need groups. Rules are needed to maintain group stability. Law, therefore, is in essence a biological phenomenon that can, and indeed should, be studied in the light of biological theories. In addition, because modern biology cannot be comprehended without evolutionary processes, evolutionary biology is one of the perspectives that can increase our understanding of the principles of law. To be sure, we should be careful in applying biological mechanisms to legal subjects, yet we may more fully grasp the nature of law by bringing the two disciplines together.
It is currently also difficult to use evolutionary biology to determine which legal incentives should be used to regulate behaviour, not least because we do not exactly know to what end we should regulate behaviour. However, these caveats do not imply that law cannot be seen as a kind of extended phenotype that can be studied by biologists. With the right genes, an organism can build a shelter, thereby improving not only its survival chances but also the replication chances of its genes. It is reasonable to assume that people have the right genes to build a law system that maximises their survival chances.
However, will this confuse the is with the ought? In philosophy, it is taboo to derive norms from facts. In the context of law and biology, however, this seems odd as connecting these disciplines is very much about linking the ought and the is. Where biology can give us credible foundations for law, there necessarily has to be a connection between is and ought. Moreover, we should ask ourselves whether there even is a substantial difference between the two notions. Could we not regard the ought as a particular type of is?
From this point of view, morals and rules are a product of our brain, as are all interpretations of facts. The brain in its turn is also a product of genes and environment.
When law is studied from a biological perspective, then questions should be asked about the rationality of law. How can a judge take a strictly rational decision when our thinking is closely linked with emotion and feelings? Can the gap between legal professionals and ordinary citizens be partly explained because jurists do not ask themselves whether lawfulness includes a sense of justice?
In this course we will study biological and psychological backgrounds of the law. This may not always be easy, because several of our certainties may prove to be illusory or ill-founded. Asking questions about the biological foundations of law involves questioning our own identity. In that sense, science is ruthless; dogmas must and will be questioned.
Can biology and psychology give all the answers? Certainly not. Nevertheless, it is important to think implications over. As Mill said: Maybe the opinion is true, or maybe is contains a portion of truth an even there is no truth in it at all, then it still sharpens our own conviction.
In this course we will explore some biological and psychological facts and we will ask ourselves questions like: Can biology usefully contribute to moral argument? Can it contribute to an understanding of the proper role and functioning of legal norms?
The lecturer published articles in which he states that the ought can be derived from the biological is. Nevertheless, he explicitly challenges his students to falsify this statement. In this way students can explore the issues and form their own views.

This unit will provide an overview of the obligations under international law to provide protection to trade marks and a comparison of selected, key aspects of trade mark protection in Australia, the United States and the EU. Consequently, in relation to international law. it will examine the trade mark aspects of the TRIPS agreement and the Uniform Dispute Resolution Policy of ICANN relating to domain names. To a lesser extent, deal with the Paris Convention for the Protection of Industrial Property and the Madrid Protocol relating to multiple filings of trade mark applications. Selected, key aspects of comparison will include issues such as jurisdiction specific approaches to ownership, the requirements for registrability of trade marks such as shape trade marks and the different approaches to infringement, including dilution of trade marks and parallel importing. Other topics may include the registration and control of domain names. It is likely that, in light of Australian legislative proposals, the unit will also critically examine the arguments of the tobacco industry that international trade mark obligations prevent the implementation of plain packaging of cigarettes.

This course begins with comparative approaches to a range of legal traditions in which family law is idiosyncratically situated. Topical issues touching on how domestic law interacts with legal diversity in family law will be canvassed. Particular emphasis will be placed on the interactions between religiously-governed family law and secular state law.
From the comparative law perspective, the course will progress to a consideration of the ways in which Immigration and Refugee Law interacts with domestic family law and family law policy.
The seminar will then progress to an examination of the traditional common law conflict of law principles that touch on family law matters, including jurisdiction and recognition and international enforcement of foreign family law orders. Consideration will then be given to the modification of the common law regime by treaty and legislation, including the various Hague Conventions that apply to family law issues. Further attention will be given to the United Nations Convention on the Rights of the Child as well as other human rights treaties. Each regime will be considered in the context of its impact upon domestic legal issues.
The six main area of family law will be examined through the lenses of comparative and international law, including marriage, divorce, matrimonial property, adoption, custody, and support.

This Unit explores the interrelationship between public policy, regulation and the law. The Unit begins by introducing students to the policy cycle - the process by which issues (or problems) are identified and prioritised for action by government, and the action to be taken to address the issue (solve the problem) is agreed. In doing so, the Unit will expose students to some of the challenges facing governments and regulators when deciding whether and how to address a particular issue. The Unit also will introduce students to the breadth of tools available to governments to achieve their policy ends. In doing so, the Unit will explore how the concept of 'regulation' has expanded beyond the traditional legal concept of regulation as rules promulgated by a sovereign state, to include all the tools used by governments to alter or control the behaviour of people and other entities. The Unit will then explore some the theories, concepts and constructs that explain regulatory practice in a modern liberal capitalist society, before moving on to consider what may constitute 'good' regulation and regulatory practice. Finally, the Unit will explore how the law intersects with, supports and shapes public policy and the regulatory endeavour. Rather than focus on one substantive area of regulation, several case studies will be used to illustrate and highlight the general themes of the Unit. Moreover, the Unit will include aspects of politics, economics, public administration and public policy in its consideration of the issues, further developing students' skills in understanding and applying the law in its societal context.

This course will compare the methods of statutory interpretation in different countries. We will examine the lawmaking processes of the various nations, and what effect different processes should have on statutory interpretation. To that end, we will examine the various goals of statutory interpretation. We also will consider the effects of operating under civil law versus the common law system. Likewise, we will consider the effects of operating in a parliamentary, democratic, or some other, system. The course has multiple aims. First, it will provide a survey of the various legal systems. Second, it will provide students with insights into why each system has adopted particular legislative and judicial rules. In that vein, the course will also consider whether the rules each system has adopted are optimal when compared to the wide range of available rules. Third, the course will provide a working knowledge of the theoretical underpinnings of legislation and judicial interpretation of laws, so that students will be able to discuss the merits or demerits of particular systems on a more abstract level.

The representation of Law and lawyers within popular culture is one of the most important, but underappreciated, dimensions of the legal profession, of practice, and of the practical negotiation of legal ethics. The 'social status' of the lawyer within the wider culture is one of the dominant factors governing the student's decision to enter (or not to enter) law school. Furthermore, the dissemination of judicial procedure and dispute resolution through popular culture and the mass media is one of the primary means of both enforcing and challenging the legitimacy of Law and its practitioners within the broader community.
Within the diverse representations of Law offered by popular culture both literature and cinema are of special significance. Literature, both 'elitist' (Kafka; Camus) and 'popular' (Thurow; Grisham) is one of the primary mediums for the critical examination of legal reasoning and the nature and ethics of practice within the wider culture, often revealing subversive and confronting truths normally suppressed by conventional legal education and training. Cinema, along with television, is one of the leading arenas for the formulation of the social consensus concerning the nature of Law and lawyers, often artistically re-staging the processes of legal reasoning and dispute resolution so as to both critique and affirm the legitimacy of legal culture.
This unit will examine all of these issues through a critical analysis and discussion of a number of the seminal 'texts' within both the literature and cinema of Law.

The traditional line between public and private law used to be drawn between constitutional, criminal and administrative law as public law, and subjects loosely associated around the laws of obligations; contract, tort and restitution. Alternatively, laws that govern the relationship between citizen and state, is public law, and laws governing the relationship between two actors, is private law. Both approaches no longer adequately describe the relationship between public and private. Increasingly, the state is resorting to private law to create and enforce social policy. Similarly, courts are being asked to give what are traditionally associated as private law remedies to public law claims. Courts are also engaging through enforcement of private law litigation a regulatory role that transcends the immediate interests of the litigants. This course explores the increasingly blurred relationship between public and private law. Our course draws on experiences from a variety of jurisdictions. Our account is episodic; we do not have any ideological position on the material we will present. Some topics to be covered include the following:

• Jurisprudential Accounts of Public and Private Law
• A vision of multiculturalism
• Privatizing criminal law
• Damages as a Constitutional Remedy

Permanent Injunctions as Constitutional Remedies - Structural Injunctions

• Interlocutory Injunctions in Constitutional Settings

Conceptions of Privacy and Enforcement

• Class Actions and Behavioural Modification
• Tobacco and other vices
• The Enforcement of Morality
• Public Impediments to reforming Tort Law
• The place of an apology in law

In the beginning of the 21st century, it seems that the age of parliamentary democracy had passed and that the concept of constitutional democracy had swept the world. Yet, closer study reveals that the picture is not uniform. First, substantively different versions of the constitutional model may be identified. Second, it is already possible to see the first signs of a shift to a stage of synthesis in which a new constitutional model is being generated which integrates the principle of the supremacy of the legislature with that of the supremacy of the judiciary.
This course will concentrate on presenting various constitutional models and examining their advantages and disadvantages. The course will be divided into three parts. In the first part we shall describe the 'traditional constitutional model' and its underlying rationale. In addition, we shall distinguish between various versions of this model and illustrate them by describing and comparing the constitutional mechanism in a number of countries (United States, Germany, France and Italy). In the second part, we shall examine several arguments against the traditional constitutional model and various proposals made to resolve those argument. In the third part, we shall describe the 'synthesized model', explain its rationale and illustrate it by describing the constitutional mechanism in a number of countries which have apparently adopted it (Canada, New Zealand and Great Britain).

The following topics will be studied in detail:

• General characteristics of intellectual property
• Policy underlying copyright and designs in Australia, Hong Kong, the PRC and other relevant jurisdictions
• Trade-related Intellectual Property Provisions of the World Trade Organisation
• General nature of copyright law
• The conceptualization of a work
• Duration, fixation, ownership, licensing, fair dealing with regard to copyright
• Copyright infringement, remedies and defences
• Moral rights
• International copyright system
• General characteristics of design law

This unit will cover a selected number of issues in medical law and ethics. Topics will include general issues that revolve around notions of autonomy, competency and compulsion as well as a number of contemporary bioethics issues such as organ transplantation, abortion and medical research.
In discussing these issues, students will be encouraged to think about the differences as well as the interplay between legal rules and ethical guidelines. The discussions will also include a consideration of the different approaches taken by different countries and students will be invited to think critically about the responses of different jurisdictions.

This Unit will introduce students to the idea, and foundation, of corporate social responsibility (CSR) as a component of corporate governance. Students will then be exposed to various facets of the three distinct but interrelated challenges to CSR. First, why should corporations have social responsibilities towards their stakeholders? Second, what is the scope, nature and extent of these responsibilities? Third, how could corporations be made accountable for violating their social responsibilities in areas such as human rights, labour rights and the environment?

Issues such as the following will be explored:

• meaning and historical evolution of the notion of CSR - comparing CSR with concepts such as corporate accountability, corporate citizenship, triple bottom line, corporate philanthropy, and sustainable business;
• CSR and corporate governance - CSR's intrusion into company law;
• changing interface of states, corporations, law, and human rights against the backdrop of globalisation - privatisation of states and human rights;
• drivers of CSR, e.g., a risk management tool, ethical investing and consumerism, business case for CSR;
• ethical, social, legal and economic justifications for CSR;
• scope, nature and extent of social responsibilities - complicity of corporations with states in human rights abuses, responsibilities of corporations operating in conflict zones or repressive regimes, handling CSR issues within supply chains and in global operations;
• review of existing CSR initiatives: private v. public, voluntary v. obligatory, national v. international - the "protect, respect and remedy" framework proposed by Professor John Ruggie, UN Secretary General's Special Representative on Business and Human Rights; and
• CSR litigation (e.g., under common law and the US Alien Tort Claims Act) and the challenges thereof - the doctrine of forum non conveniens, and the allocation of liability within a corporate group.

This Unit will introduce students to the idea, and foundation, of corporate social responsibility (CSR) as a component of corporate governance. Students will then be exposed to various facets of the three distinct but interrelated challenges to CSR. First, why should corporations have social responsibilities towards their stakeholders? Second, what is the scope, nature and extent of these responsibilities? Third, how could corporations be made accountable for violating their social responsibilities in areas such as human rights, labour rights and the environment?

Issues such as the following will be explored:

• meaning and historical evolution of the notion of CSR - comparing CSR with concepts such as corporate accountability, corporate citizenship, triple bottom line, corporate philanthropy, and sustainable business;
• CSR and corporate governance - CSR's intrusion into company law;
• changing interface of states, corporations, law, and human rights against the backdrop of globalisation - privatisation of states and human rights;
• drivers of CSR, e.g., a risk management tool, ethical investing and consumerism, business case for CSR;
• ethical, social, legal and economic justifications for CSR;
• scope, nature and extent of social responsibilities - complicity of corporations with states in human rights abuses, responsibilities of corporations operating in conflict zones or repressive regimes, handling CSR issues within supply chains and in global operations;
• review of existing CSR initiatives: private v. public, voluntary v. obligatory, national v. international - the "protect, respect and remedy" framework proposed by Professor John Ruggie, UN Secretary General's Special Representative on Business and Human Rights; and
• CSR litigation (e.g., under common law and the US Alien Tort Claims Act) and the challenges thereof - the doctrine of forum non conveniens, and the allocation of liability within a corporate group.

This unit takes a comparative approach to the law of remedies for civil wrongs. It examines the treatment of selected remedial issues in various common law jurisdictions.

The topics covered include the following:

1. Aims and methods of comparative legal studies;
2. Compensation for non-pecuniary loss in contract and tort;
3. Effect of contributory negligence in contract and tort;
4. Liability of multiple wrongdoers;
5. Gain-based remedies in contract and tort;
6. Punitive damages in contract and tort;
7. Vindication as an aim of damages;
8. Specific relief and personal-service agreements.

This unit will take a comparative approach to a number of discrete remedial issues. Some of the areas to be covered in the course may include the following:

• the use of probabilistic causation principles: Courts in both the United Kingdom and Canada have explored the issue of changing the classic 'but for' causation principle toward a principle that awards compensation based upon a demonstrated 'material contribution' to the injury;
• vindication as an aim for damages: Some common law courts have recently adopted a new category of 'vindicatory damages', in particular where the defendant violated the plaintiff's human rights;
• the assessment of non-pecuniary damages in both contract and tort law;
• a comparative assessment of punitive damages in contract law: In what circumstances (if any) should a contract breaker be exposed to punitive sanctions?;
• the extent to which parties can stipulate remedies in a contract - liquidated damages, exclusive remedy clauses;
• specific performance, injunctions and personal service agreements: Are the traditional policies informing the exercise of the judicial discretion to order or deny specific performance and injunctions still applicable today considering how we now conceive employment and personal service contracts?
• the extra-territorial enforcement of equitable orders; and
• liability of multiple wrongdoers: Statute law increasingly makes exceptions to the principle of joint and several liability where multiple wrongdoers have caused the plaintiff's harm. What policies underlie this trend to adopt the principle of proportionate liability and what is the effect of these changes?

This unit examines selected areas of torts law from a comparative perspective. It analyses current issues and emerging trends across common law and civil law jurisdictions.

The topics covered include the following:

1. Aims and methods of comparative legal studies;
2. Development of tort law in common law and civil jurisdictions;
3. Europeanisation of tort law;
4. Liability for pure economic loss;
5. Liability for psychological harm;
6. Liability for 'wrongful life' and 'wrongful birth';
7. Proof of causation;
8. Protection of privacy.

This unit will examine various sources of international law that potentially apply to sexuality-based claims. The approach of individual states, both from a domestic law perspective and in interpreting international obligations, will also be considered. We will examine international treaties and case law from various international as well as domestic courts. Consideration will be given to policy objectives and competing cultural and political arguments. Students will work in groups and participate in exercises where they simulate the roles played by various constituencies, including judges, state actors, lawyers, and individuals claiming discriminatory treatment.

This unit begins with a detailed discussion of several well-known cases from the common law of Contract. The goal is to notice the gaps between the rules and the ultimate decisions. The course continues with a discussion of Max Weber's classical statement of how legal questions are decided in the civil law and his suggestion that adjudication in the common law is irrational. The unit then attempts to respond to Weber's challenge by focusing on the classical discussion of this question by some of the great theorists of the common law, together with contemporary writers who contribute to the same discussion. Students will read and discuss chapters by several writers, including Blackstone, Holmes, Maitland, Cardozo, Llewellyn, Hart and Sachs, Gilmore, Posner, Unger, Frug, Williams, and Fisher. Emphasis will be on discussion both the discussion among the theorists themselves and our own discussion with the competing traditions that we discover in the reading.

This unit introduces the key concepts in the administration of criminal justice and the major ethical systems. It examines issues relevant to the administration of criminal justice by identifying the ethical dilemmas that might arise for professionals in the criminal justice system. Topics will include ethics and police, ethics and lawyers, ethics in corrections and the ethics of criminal justice policy making. In discussing ethical dilemmas at the various stages of the administration of criminal justice, students will be encouraged and challenged to think about the differences and interplay between the procedural rules, institutional practices and ethical guidelines. The impact and implications of the issues are considered and their possible resolutions explored. The different approaches taken by different countries in tackling the said issues will be examined by students, who will be invited to think critically about how ethics can facilitate in the search for the appropriate resolution for the said issues.

The unit explores four models which exist within the field of mediation, and examines their connection with various jurisprudential approaches. Mediation is an alternative method to litigation, in which a third party facilitates negotiation between at least two other parties. Mediation is the paradigmatic alternative to adjudication and its basic principles are unique and different from those of the adversarial model. The course examines the notion of mediation by referring to four conceptual frameworks to understand it: Traditional communal; Pragmatic problem solving; Humanistic Transformative and Narrative Cultural. Each model of mediation will be studied both in practice and theory, and its relation to jurisprudential streams of thought will be examined. Theories such as legal feminism, legal pluralism, multiculturalism and postmodernism will be studied as possible foundations for the various models, and their application will be examined critically through the use of case studies, films and simulations. The overall sequence of the course will show the transformation of mediation from a pragmatic efficient alternative to litigation to a public narrative based method for the resolution of public dispute.

This unit will provide a comparative survey of some of the modern principles of evidence. it will focus on the rights and obligations of the parties in the common law and civil law regimes. Some of the major concepts of evidence law will be examined including:

• the role of the parties in litigation
• burden of proof
• relevance and admissibility
• witnesses
• privileges
• the hearsay rule
• expert evidence
• documentary and real evidence.

This unit compares rules of private international law of different jurisdictions. Private

international law (or conflict of laws) is the body of rules applying to civil disputes with an international element. These are the rules on when a court is to assume jurisdiction, when a foreign judgment is to be recognised, and which law is to be applied to a dispute. Private international law is domestic law. Focusing on commercial disputes, this unit compares the private international law of Australia, Canada, the European Union, the UK and the US.

This unit investigates case law, domestic legislation and regulations of the European Union, namely the Brussels I Regulation, the Rome I Regulation and the Rome II Regulation.

With regard to the jurisdictions covered, the following issues are investigated:

• the history, nature and sources of private international law;
• the theoretical and policy considerations underpinning private international law;
• the rules on the courts' jurisdiction in commercial disputes with an international element, including the restraint of foreign proceedings;
• the rules on recognition and enforcement of foreign judgments in commercial disputes;
• the general choice-of-law process;
• the specific rules on the determination of the law applying to claims in contract and tort.

This unit will be primarily concerned with examining what legal action individuals can take in order to protect their privacy against others: the state, the media, companies and other individuals. It will look at the position in Australia and then the development of the common law torts in England. The English position is unusual because the common law has been developed so as to give effect to Art 8 European Convention on Human Rights (ECHR) on a case by case basis. The jurisprudence of European Court of Human Rights and its broad interpretation of Art 8 ECHR (Right to Private and Family Life) will then be considered in this context. The general approach of European law to protecting privacy will be contrasted with the underlying values that are reflected in the US.

The aim of this course is to consider the meaning of political liberty in Europe today. It will start by comparing different traditions of European thought on the meaning of freedom that continue to influence our views. Whilst the course is focused upon primary readings of political philosophers, their theoretical frameworks will be considered in the context of contemporary legal debates and concepts.
Indicative subject matter (which can be reduced depending upon time and student interest):
Seminar 1: Introduction to different concepts of political freedom and the relationship to different contemporary issues in law in contemporary Europe
Seminar 2: The liberal tradition: Mill "On Liberty"; the limits of law
Seminar 3: Berlin's concept of negative liberty and Waldron's discussion of property law and homelessness
Seminar 4: Robert Nozick: freedom as an argument for a minimal state; Cohen's attack on the concept of self-ownership; responses to the question: could freedom of contract include the right to enter into a civil slave agreement?
Seminar 5: Carole Pateman: freedom as the absence of subordination; the "sexual contract"; images of employment and traditional marriage contracts; a critique of the liberal public/private divide and concepts of privacy in law.
Seminar 6: The Civic Republican Tradition: Skinner's Reading of Machiavelli
Seminar 7: Arendt on freedom as public action; European context
Seminar 8: Kant's concept of liberty and of personhood; links with the concept of legal personhood and public reason
Seminar 9: Cornell's reading of Kant; a legal test for law's legitimacy
Seminar 10 and 11: Foucault on freedom; law cannot guarantee freedom; is it possible to judge a freer society within a Foucauldian framework? This will include an examination of the shift from middle to late Foucault and Patton's reading compared with Charles Taylor.
Seminar 12: Revision

This course examines patentable subject matter across Canada, the US, the UK and Australia. It examines the most fundamental question in patent law: namely, what is an 'invention'? In other words, is this the type of "stuff" that patent law should protect with a twenty (20) year monopoly?
Indeed, the meaning of "invention" is far from a doctrinal topic "bedevilled by verbal formulae" and "sterile argument about the meaning of words". For, "whoever controls the meaning of 'invention' controls what can be patented and hence an important aspect of industrial policy." (Peter Prescott QC, sitting as deputy judge, in CFPH LLC, (Patent Applications Nos. 0226884.3 and 0419317.3), [2005] EWHC 1589).

This course will therefore cover novel aspects of patentability: from software and business methods to higher life forms (including even half-monkey half-human chimeras).

No technical background required or expected, nor is any previous work in patent law needed.

Seminar 1: Introduction to patentable subject matter, and basic patent law principles.
Seminar 2: Patentable subject matter in Canada.
Seminar 3: Patentable subject matter in Canada (cont'd).
Seminar 4: Patentable subject matter in the US.
Seminar 5: Patentable subject matter in the US (cont'd).
Seminar 6: Group work and/or presentations.
Seminar 7: Patentable subject matter in the UK.
Seminar 8: Patentable subject matter in the UK (cont'd).
Seminar 9: Patentable subject matter in Australia.
Seminar 10: Patentable subject matter in Australia (cont'd).
Seminar 11: Group work and/or presentations.
Seminar 12: Revision.

This seminar will provide both an historical and contemporary comparative look at the ways that legal systems have dealt with religious difference, freedom of religion, and "the secular". An important note in contemporary scholarship on the contemporary interaction of law and religion has been that there is not a single "secular" but, rather, varieties of secularisms. A close study of the various ways that political power, law, and religion have been configured provides a unique and valuable line of sight into comparative legal traditions, constitutional structure, and legal and political theory. Some of the most interesting contemporary legal and political debates have arisen out of questions about freedom of religion, its limits, and the just relationship between religion and the state. Issues range from the permissible content of public reason and the appearance of religious symbols in public space, to the legal status of religious education and the rights of parents to make decisions for their children on religious grounds. Drawing on cases and legal issues from a range of national traditions, as well as from comparative legal and theoretical scholarship, this seminar will explore the contemporary interaction of law and religion in a variety of jurisdictions. The seminar will involve a close study of issues arising within a broad spectrum of legal areas, including constitutional law, education law, criminal law, family law, health law, administrative law, and the law of deliberative democracy.

In addition to specific case studies, topics addressed may include some of the following, but will be selected and emphasized based on student and instructor interest in a given year:

Topic 1:Theoretical models for the study of religion and society
Topic 2:Historical patterns in the interaction of law and religion
Topic 3:Theoretical Approaches to "Secularism"
Topic 4:Comparative Approaches to Freedom of Religion
Topic 5:Religion in Public Decision-Making
Topic 6:Religion, Secularism, and State Symbols
Topic 7:Religion, Secularism, and Education
Topic 8:Religion and Conflicts of Rights
Topic 9:Gender Equality, Sexual Diversity, and Religion
Topic 10: Religious Difference and Legal Pluralism

This unit explores the main legal issues involved in the resolution of legal disputes between private (that is, non-state) parties in an international setting. In that respect, we will consider in detail the two major systems of dispute resolution: litigation before national courts and arbitration before private arbitral tribunals. We will analyze and compare the legal issues that may arise at the different stages of an international dispute in each of these systems and on that basis discuss the policy issues involved in each context and the considerations that will become relevant for parties when deciding which kind of dispute resolution system to choose. Particular emphasis will be on

1. the initiation of the proceedings (jurisdiction and forum selection clauses, arbitration agreements and arbitrability),
2. the conducting of the proceedings (service of process, taking of evidence) and
3. the recognition and enforcement of the respective decisions (court judgments and arbitral awards).

Game theory is a contemporary theory of rational decision making.

In this unit students will examine the following applications of game theory to law:

Differences between legal systems regarding judges and jury, and how these influence the type of reasoning to be expected (appointed compared with elected judges; judges as decision-makers compared with administrators of jury decisions; single decision-makers compared with panels);

regulation-intensive systems compared with judicial determination;

interactions between spheres of government and separation of powers;

voting rules and methods of aggregating preferences;

local compared with national elections;

Federalism compared with unitary government;

the differing role of pre-trial negotiations and judges' intervention therein;

alternative dispute mechanisms and their interaction with judges' role (binding compared with discretionary);

Course material will focus on non-cooperative game theory (where each actor is presumed to be a self-utility-maximizing individual or firm), though some models of cooperative game theory will be presented as well (formation of coalitions among members). Application to legal issues will be discussed, both based on scholarly writings and on students' input as to real-life situations where similar strategic interactions arise (relying both on case law and non-legal everyday experience). Students will be assigned both problem sets (mostly games to participate in) and articles/book chapters to read before each class. Since the course is planned to be intensive time-wise, consideration will be granted as to length of assignments - though they are still key to broadening horizons and facilitating understanding.

This unit challenges students about notions of families and relationships within society. It looks at marriages and de facto partnerships; what constitutes a 'family' and the dynamics of parent-child relationships. It also considers what constitutes the 'best interests' of a child including cases involving child abuse and the role of social science in decision making. It also examines international issues such as relocation, abduction, adoption and surrogacy.

This unit focuses on the study of air and space law from the perspective of international and comparative law. Air Law covers the rules concerning the status of the airspace and civil aviation activities. Students will study the legal framework on international operation of aircraft, the repression of offences against aircraft, and the liability regime for damage caused by aircraft. Part of the unit will be devoted to the relationship between airlines and passengers. Space law covers the uses of outer space. Students will study the status of this area, the rules for its exploration and exploitation as well as the liability regime covering space activities. Students will also analyse the rules for space applications (satellite telecommunications, satellite TV, earth observation, space flight, military uses).

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

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

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

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