units

faculty-pg-law

Faculty of Law

Monash University

Monash University Handbook 2015 Postgraduate - Units

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7470

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit provides students who are new to the study of Australian law with advanced knowledge and understanding of the Australian legal system, its underlying principles and concepts (including international and comparative contexts), principles of justice and approaches to ethical legal practice; and advanced practical and professional skills to undertake legal research, interpret legislation and judicial decision, analyse factual and policy issues, demonstrate professional judgment and scholarship to formulate and evaluate solutions to legal problems, collaborate and communicate effectively.

Outcomes

At the successful completion of this unit, students will demonstrate knowledge and skills to:

  1. design and implement an efficient research strategy which requires them to synthesise relevant legal, factual and policy issues;
  2. apply professional judgment and critical thinking skills to interpret legal conclusions and legislation, evaluate alternative constructions and justify a considered opinion;
  3. generate appropriate responses to legal problems and communicate them in a form appropriate for legal practice or scholarship; and
  4. exercise professional judgment in responding to ethical issues that arise in legal practice or the administration of justice.

Assessment

1. Tutorial participation and activities: 10%
2. Research assignment (3,500 words): 50%
3. Take home examination (3,000 words): 40%
4. Attendance at two library tutorials is a hurdle requirement for sitting the examination.

Workload requirements

30 contact hours per teaching period plus 6 hours of library labs (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7264

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit examines the principles and aims of the criminal law and criminal procedure. Students study the definition and elements of crimes in the context of fatal and non-fatal offences against the person, the major sexual offences, property offences, and relevant defences; criminal responsibility and strict liability; the roles of principal agencies in the criminal justice system, and central elements of the criminal process and sentencing.

Outcomes

At the successful completion of this unit students will be able to:

  1. critically evaluate the purpose and scope of criminal laws with reference to theories of criminal justice, inter-disciplinary and policy perspectives;
  2. recognise and reflect upon ethical issues arising in criminal law practice and the professional responsibilities of lawyers in promoting justice and service to the community;
  3. select and apply appropriate research methods and sources, and evaluate and synthesise relevant legal, factual and policy issues, to address legal questions;
  4. identify and articulate complex legal issues, engage in critical analysis of professional conclusions and make reasoned choices among alternatives;
  5. demonstrate cognitive and creative skills to generate appropriate responses to legal issues;
  6. demonstrate skills of oral and or/written communication to address legal problems in a collaborative project; and
  7. critically reflect on their own strengths, weaknesses and development needs as a legal professional.

Assessment

1. Open-book, problem-based examination (2 hours plus 30 minutes reading time): 50%
2. Written assignment: e.g. advice to government or law reform submission (2,250 words): 30%
3. Oral presentation: collaborative project: 10%
4. Oral presentation: reflective report (750 words): 10%

Workload requirements

30 hours of seminar plus 6 hours of tutorials (intensive, semi-intensive or semester/trimester long, depending on the faculty resources, timetabling and requirements).

Chief examiner(s)

Co-requisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7428

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Contract law addresses the concepts, principles and rules used to determine the existence and content of binding promises and their enforcement or defeasibility in a market economy. It also involves a consideration of the underlying policy considerations. Contract law is taught in two units: Principles of Contract Law A and B. Principles of Contract Law A covers the introduction to contract law, the formation of contracts (including capacity and formalities), privity of contract, and the incorporation, construction and validity of contractual terms.

Outcomes

At the successful completion of this unit students will be able to:

  1. critically evaluate the purpose, scope and effects of contract law with reference to broader social and economic perspectives;
  2. use appropriate research tools and methods to synthesise relevant legal and factual matters;
  3. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
  4. select, analyse, interpret and apply legal principles and methods to generate appropriate responses to legal problems involving contracts;
  5. communicate effectively and persuasively; and
  6. learn and work with autonomy, accountability and professionalism.q

Assessment

1. Research assignment (2,250 words): 30%
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Co-requisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7266

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit introduces students to the law of civil wrongs (torts), including the role and purposes of tort law, the interests which it protects, and its relationship to statutory schemes which provide compensation for injury or loss. Students begin with selected intentional torts (trespass to the person, assault and battery, false imprisonment, trespass to land) and the strict liability tort of private nuisance, including elements and defences. Students then study the tort of negligence; its development, the elements of the tort and the various contexts in which it arises, the types of harms that are compensable, defences, the assessment of damages; concurrent liability and contribution by multiple wrongdoers, the particular problems raised by negligently caused mental harm and pure economic loss, and the concept of vicarious liability. Students will examine the impact of statutory law reform, in particular the civil liability reforms, on torts law, and broader policy debates about how civil wrongs should be redressed and injuries and losses compensated.

Outcomes

On completion of this unit students will be able to:

  1. critically evaluate the role and effectiveness of torts law in redressing civil wrongs, and its relationship with statutory schemes of compensation;
  2. demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions, including assessment of recent developments in tort law;
  3. identify, research, evaluate and synthesise legal and policy issues in tort law;
  4. demonstrate cognitive and creative skills in generating appropriate and reasoned responses to legal problems;
  5. communicate effectively, appropriately and persuasively on issues of tort law; and
  6. learn and work with autonomy, accountability and professionalism, including through use of feedback to improve their professional development.

Assessment

1. Research assignment (case note - 1,500 words): 20%
2. Examination (2 hours plus 30 minutes reading time):- problem question(s): 80%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit will introduce the basic principles of public law, government and statutory interpretation in Australian law. The unit will investigate the range of legal devices whereby Australia is governed, and will introduce key ideas pertaining to public legal entities, including the Crown. Fundamental principles of public law will be considered, together with the broader contexts in which they arise and operate. So will fundamental constitutional relationships between each of Parliament, the executive and the judiciary. The unit will also deal with statutory interpretation in depth, beginning with the fundamental constitutional principle of parliamentary supremacy, and exploring how the rules and principles of statutory interpretation flow from an understanding of the constitutional relationship between Parliament and the judiciary.

Outcomes

At the successful completion of this Unit students will be able to:

  1. explain the legal principles and institutional arrangements that underpin government in Australia;
  2. demonstrate an awareness of the principles and values that have shaped the Australian system of government, including representative democracy, the rule of law and human rights;
  3. articulate and critically examine the purposes and scope of the fundamental constitutional rules that govern the relationships between Parliament, the executive and the judiciary;
  4. demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues;
  5. select, interpret and apply relevant rules and principles of statutory interpretation in order to reach a considered view on the legal meaning, or likely legal meaning, of a doubtful legislative provision;
  6. give a reasoned opinion as to the appropriate meaning of a legislative provision which takes adequate account of the law of statutory interpretation;
  7. communicate in ways that are effective, appropriate and persuasive; and
  8. learn and work independently and make use of feedback to support their further learning.

Assessment

1. Case Note (2250 words): 30%
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7429

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Contract law addresses the concepts, principles and rules used to determine the existence and content of binding promises and their enforcement or defeasibility in a market economy. It also addresses the underlying policy considerations. The unit complements Principles of Contract Law A, and examines the performance of contracts, the discharge of contracts by termination or frustration, legal and equitable remedies for breach of contract, and vitiating factors under the unwritten law and statute.

Outcomes

At the successful completion of this unit students will be able to:

  1. critically evaluate contemporary issues and developments in contract law and practice, with reference to broader social, economic and comparative perspectives
  2. use appropriate research tools and methods to evaluate and synthesise relevant legal and factual matters;
  3. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
  4. select, analyse, interpret and apply legal principles and methods and use professional judgement to generate appropriate jurisprudential and practical responses to moderately complex legal problems;
  5. communicate effectively and persuasively; and
  6. learn and work with autonomy, accountability and professionalism.

Assessment

1. Research assignment (2500 words): 30%
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5004 (for students beginning in 2015 or later) and LAW7265 or LAW5002

Prohibitions

LAW7265


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7267

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit examines the concept and categories of real and personal property; the interface between contractual and property rights; the nature of types of property right including freehold and leasehold estates, modes of creating and transferring property rights in law and equity; possession as a source of title.

Outcomes

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

  • apply interpretive techniques to synthesize property law principles from judicial decisions and legislation;
  • identify, research, evaluate and synthesize relevant factual, legal and policy issues;
  • select, analyse and apply property law principles to generate solutions appropriate to legal problems and issues;
  • engage in critical analysis and make reasoned and appropriate choices among alternatives; and
  • communicate and collaborate effectively and persuasively.

Assessment

1. Collaborative class activity requiring research, oral presentation, a written
reflection task and an individual written research memorandum:
10% for presentation of oral component;
10% for written reflection (750 words); and
10% for written research memorandum (750 words).
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Ms Alicia Wright (Trimester 1)
Ms Jennifer Schultz (Trimester 2)
Dr Susan Barkehall Thomas (Trimester 3)

Prerequisites

LAW5004 (for students beginning in 2015 or later) and LAW7265 or LAW5002

Co-requisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7268

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit examines the Victorian and Australian Constitutions, the Statute of Westminster and the Australia Acts; the separation of judicial powers at State and Commonwealth levels; 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; some principal Commonwealth legislative powers; limitations on governmental power, including selected express and limited constitutional rights and freedoms, and critical analysis of techniques and principles of constitutional interpretation.

Outcomes

At the successful completion of this unit students will be able to:

  1. analyse and critically evaluate the current state of Commonwealth and Victorian constitutional law and practice, and discuss reform issues;
  2. analyse and critically evaluate judgments of the High Court of Australia and other Australian courts in constitutional cases, including from the perspectives of

a. the interpretive techniques used, and

b. the principles or policies underlying the relevant constitutional doctrines or provisions;

  1. demonstrate sophisticated cognitive and creative skills to justify and interpret professional opinions relating to the constitutional validity of Commonwealth and Victorian legislation and executive actions, and to make reasoned and appropriate choices among alternatives;
  2. select, analyse and apply constitutional law interpretive principles to generate appropriate jurisprudential and practical responses to complex legal issues;
  3. communicate and collaborate effectively and persuasively; and
  4. work with a high degree of autonomy, independence and professionalism

Assessment

1. Research assignment (2,250 words): 30%
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081 and LAW5004 (for students beginning in 2015 or later)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7269

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit introduces students to the nature and function of equity in the modern Australian legal system. Students learn about the relationship between equity and the common law, and study the key doctrines of equity. These include: equitable assignments, breach of confidence, fiduciary relationships and breach of fiduciary duty, third party liability and tracing, personal and proprietary remedies in equity and equitable defences.

Outcomes

At the successful completion of this unit students will be able to:

  1. demonstrate an advanced and integrated understanding of key doctrines of equity (including principles and standards), their relationship to common law, their historical development and trajectories, and their theoretical underpinnings;
  2. demonstrate sophisticated cognitive and creative skills in interpreting and evaluating professional conclusions and in making reasoned and appropriate choices among alternatives;
  3. exercise advanced and integrated professional judgement and responsibility to generate responses to complex factual scenarios, evaluating both jurisprudential and practical considerations;
  4. communicate effectively and persuasively in a format appropriate for scholarship or professional practice; and
  5. learn and work with a high level of autonomy, accountability and professionalism and reflect on and assess their own performance.

Assessment

1. Research assignment (3,000 words): 40%
2. Examination (2 hours plus 30 minutes reading time): combination of problem questions and short answers: 60%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW7265 or LAW5002, LAW5005 and LAW5004 (for students beginning in 2015 or later)

Co-requisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7270

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit examines: types of property rights in land owned by another, viz, mortgages, easements, restrictive covenants and profits prendre; the detailed operation of the Torrens System and the Transfer of Land Act 1958 (Vic), including: registration; the meaning and purpose of indefeasible title: fraud and other exceptions to indefeasibility: the compensation provisions; the status and enforceability of unregistered interests; the caveat system; and the priority rules for registered and unregistered interests.

Outcomes

At the successful completion of this unit students will be able to:

  1. demonstrate advanced and integrated knowledge of property law, building upon learning in previous units;
  2. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
  3. identify, research, evaluate and synthesize relevant factual, legal and policy issues;
  4. select, analyse and apply property law principles to generate appropriate practical and jurisprudential responses to complex legal problems and issues;
  5. engage in critical analysis and apply advanced and integrated professional judgment to make reasoned and appropriate choices among alternatives; and
  6. communicate and collaborate effectively and persuasively.

Assessment

1. Research and writing exercise on an assigned issue or problem in property law and practice: 30%
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Alicia Wright (Trimester 1)
Claire Kaylock (Trimester 2)
Alicia Wright (Trimester 3)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5006, LAW5002 or LAW7265, LAW5005 and LAW5004 (for students beginning in 2015 or later)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7271

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The 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.

Outcomes

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

  1. critically evaluate the role and law of trusts in a broader commercial, social and regulatory context, including contemporary developments in the law and its practice;
  2. identify, research, synthesise and evaluate relevant legal, factual and policy issues in trusts law;
  3. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
  4. engage in critical analysis and make reasoned and appropriate choices among alternatives;
  5. select, analyse, interpret and apply principles of trusts law to generate appropriate responses to complex legal issues;
  6. exercise advanced and integrated professional judgment to evaluate jurisprudential and practical considerations; and
  7. communicate effectively and persuasively to specified audiences.

Assessment

1. Research assignment (3,000 words): 40%
2. Examination (2 hours plus 30 minutes reading time): combination of problem questions and short answers: 60%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5002 or LAW7265, LAW5006 and LAW5004 (for students beginning in 2015 or later)

Co-requisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7273

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit examines the principles and concepts underlying the law of evidence, both State and Commonwealth, together with an appreciation of the relationship between the law of evidence and the nature of a civil or criminal trial in the Australian legal system. Students will examine key concepts of the law of evidence in the context of the purposes of exclusionary rules. The unit will examine the role of technology in the trial court and the issues raised by its use for litigants and the court itself. The unit will also provide comparative law insights into different approaches to issues in the law of evidence adopted in other Australian and selected overseas jurisdictions.

Outcomes

At the successful completion of this unit students will be able to:

  1. critically evaluate the law of evidence, its practice and contemporary developments, drawing upon broader theoretical and comparative perspectives;
  2. identify, research, synthesise and evaluate relevant legal, factual and policy issues;
  3. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
  4. exercise advanced and integrated professional judgment and ethical responsibility in evaluating jurisprudential, practical and ethical considerations;
  5. select, analyse, interpret and apply principles of the law of evidence to generate appropriate responses to complex legal issues embedded in factual scenarios;
  6. demonstrate the ability to think creatively and communicate effectively in professional formats that are appropriate for trial practice;
  7. collaborate and communicate effectively and persuasively;
  8. learn and work with a high degree of autonomy, accountability and professionalism; and
  9. reflect on and assess their own capabilities and performance, and make use of feedback, to support personal and professional development.

Assessment

1. Examination (2 hours plus 30 minutes reading time): 40%
2. Legal submission (paired activity) - (3,000 words): 40%
3. Presentation of the submission in a moot: 20%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5001 and LAW5004 (for students beginning in 2015 or later)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit gives students a thorough understanding of the principles of civil procedure as exemplified in the rules of the courts and associated case law. Systems of case management operating in State and Federal courts are examined. Students will participate in an alternative dispute resolution process to assess its effectiveness. Drawing upon the Rules of the Supreme Court of Victoria, students study the major procedural steps that are taken in the event that common law and commercial disputes become the subject of civil litigation, including jurisdiction, instituting proceedings, service and appearance, parties, pleadings, methods of gathering evidence, interlocutory proceedings, facilitating settlement, disposition without trial, trial, judgment, costs, appeal and enforcement.

Outcomes

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

  1. identify, articulate and apply legal principles, concepts, policies relating to the procedural sequence, steps and documentation of civil litigation;
  2. demonstrate sophisticated cognitive and creative skills in generating appropriate jurisprudential and practical responses to complex legal problems;
  3. demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues;
  4. exercise professional judgement in recognising and responding to ethical issues and professional responsibilities that arise in the practice of litigation and dispute resolution and show an advanced and integrated understanding of approaches to professional decision making;
  5. critically evaluate different modes of dispute resolution processes and assess the conditions under which they are likely to be appropriate and effective;
  6. demonstrate the ability to think creatively and communicate effectively in professional documentary formats that are appropriate for dispute resolution practice;
  7. collaborate effectively;
  8. learn and work with a high degree of autonomy, accountability and professionalism; and
  9. reflect on and assess their own capabilities and performance, and make use of feedback, to support personal and professional development.

Assessment

1. ADR Exercise (40%) comprising:
reflective journal (10%); and
written exercise (30%).
2. Examination (2 hours plus 30 minutes reading time) comprising:
a policy essay question (20%); and
problem-based question (40%).

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081; LAW5002 AND LAW5005; LAW5003, LAW5016 and LAW5004 (for students beginning in 2015 or later)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7274

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Administrative law is the branch of public law that regulates the exercise of power by the executive arm of government. This unit introduces students to the structure of government administration, the sources of administrative discretion and the systems that have been developed to permit the review of the exercise of administrative discretion by administrative decision-makers. The unit compares review of the 'merits' of administrative actions, by administrative decision-makers, with review of their 'legality', by courts, pursuant to judicial review. The unit examines the judicial review of administrative action both at common law and under statute and has particular regard to the grounds of review; the courts' jurisdiction to entertain applications for review; the possession, by potential applicants for review, of standing; and the remedies available pursuant to a successful judicial review application. The unit will develop advanced and integrated skills in statutory interpretation in the context of regulatory legislation.

Outcomes

At the successful completion of this Unit students will be able to:

  1. critically analyse the substantive law of judicial review and merits review, as well as contemporary developments in that law and its practice, with reference to broader social, political and regulatory contexts;
  2. demonstrate sophisticated cognitive and creative skills in interpreting and evaluating professional conclusions and statutes
  3. exercise professional judgement to formulate and evaluate responses to factual scenarios, based on both jurisprudential and practical considerations;
  4. apply advanced knowledge and skills to determine, in relation to particular legislation, whether claims in judicial review or merits review may be successfully argued in particular factual contexts;
  5. communicate effectively, appropriately and persuasively on issues pertaining to Administrative Law;
  6. reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development; and
  7. learn and work with a high level of autonomy, accountability and professionalism.

Assessment

1. Statutory interpretation assignment (1,500 words): 20%
2. Examination (2 hours plus 30 minutes reading time): 70%
3. Class participation: 10%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5007 and LAW5004 (for students beginning in 2015 or later)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7331

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides a practical and critical introduction to ethical decision-making and the law and codes of professional responsibility in lawyering. It introduces different moral approaches to legal practice, focusing on the justifications for and criticisms of the traditional adversarial advocate approach and alternatives to it in the context of different areas of practice. Students will be encouraged to develop awareness of their own ethical orientation and expected to be able to apply different ethical approaches to hypothetical scenarios. This unit examines the way that lawyers' ethics and conduct are regulatedand set out in legal principles and codes. Students will be expected to be able to identify and resolve ethical issues that arise in legal practice using the professional conduct rules and law of lawyering. Students will also be expected to be able to critically assess the way lawyers' ethics are regulated by these rules against different ethical approaches to legal ethics and in different practice contexts.

Outcomes

At the successful completion of this unit students will be able to:

  1. demonstrate understanding of knowledge of the law of professional responsibility and the principles and values of justice and of ethical practice in lawyers' roles;
  2. display an advanced and integrated understanding of:
    • the approaches to ethical decision-making; and
    • the professional responsibilities of lawyers in promoting justice and in service to the community;
  3. exhibit an advanced ability to exercise professional judgment;
  4. identify and articulate complex ethical and responsibility issues in lawyering;
  5. apply ethical approaches and the law of professional responsibility to generate appropriate jurisprudential and practical decision-making and conduct in lawyering;
  6. engage in critical analysis and make reasoned and appropriate choices amongst alternatives;
  7. demonstrate sophisticated cognitive and creative skills in approaching legal and ethical issues and generating appropriate responses and developing new understandings;
  8. communicate how to apply professional responsibility principles and resolve ethical issues in ways that are effective, appropriate and persuasive for legal and non-legal audiences;
  9. collaborate effectively in resolving ethical dilemmas in different practice contexts and in context of commercial challenges to professionalism; and
  10. demonstrate ability to learn and work with a high degree of autonomy, accountability and professionalism, and reflect on and assess their own capabilities and performance in relation to ethical judgment, making use of feedback as appropriate, to support personal and professional development.

Assessment

1. Reflective essay (2,250 words) : 30%
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW7265 or LAW5002, LAW5003, LAW5005, LAW5006, LAW5008, LAW5010 and LAW5004 (for students beginning in 2015 or later)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7275

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit examines the nature of the corporation as a separate legal entity; the classification of companies by liability of shareholders and the differences between public and proprietary limited companies; the role and importance of the corporate constitution; membership of companies; how a corporation enters into binding contracts with third parties and protections for third parties in the Corporations Act; legal aspects of financing, including the nature of share capital and permitted reductions of capital; and processes for dealing with insolvent corporations.
The Unit considers these issues against a background of basic corporate theory and explores some of the wider implications of how corporations are regulated.
Students who take this unit who omit to take LAW5017 Advanced corporations law will be required to take the new unit LAW5011 Principles of company law in order to satisfy Priestley 11 requirements.

Outcomes

At the successful completion of this Unit students will be able to:

  1. critically evaluate the law relating to corporations in a broader regulatory, social or economic context, including contemporary developments in the law and its practice;
  2. identify, research, synthesise and evaluate relevant legal, factual and policy issues;
  3. demonstrate intellectual and practical skills to interpret and justify theoretical propositions, legal methods and conclusions;
  4. engage in critical analysis and make reasoned and appropriate choices among alternatives;
  5. exercise professional judgment in evaluating jurisprudential and practical considerations in corporations law issues;
  6. select, analyse, interpret and apply principles of corporations law to generate appropriate responses to complex legal issues embedded in factual scenarios; and
  7. communicate effectively and persuasively to specified audiences.

Assessment

1. Research assignment (3,000 words):40%
2. Final examination(2 hours plus 30 minutes reading time):60%

Workload requirements

Workload is 2.5 hours per week x 12 weeks

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081 (for students beginning in 2015 or later)

Co-requisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7277

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit builds on students' learning in the companion unit LAW5016 Principles of corporations law. This unit examines the role, functions and powers of the board of directors and the members in general meeting; the duties of directors and officers of corporations at common law, in equity and under the Corporations Act 2001 (Cth), and the range of equitable and statutory remedies available to shareholders who are aggrieved by the way in which the corporation is controlled and managed.

Legal rights, obligations and remedies are examined in the light of academic debates around corporate theory, including the relationship between directors and shareholders and the principles and theories of corporate governance.

Outcomes

At the successful completion of this Unit students will be able to:

  1. critically evaluate the law relating to directors' duties and shareholder remedies in a broader regulatory, social or economic context, including contemporary developments in the law and its practice;
  2. identify, research, synthesise and evaluate relevant legal, factual and policy issues;
  3. demonstrate intellectual and practical skills to interpret and justify theoretical propositions, legal methods and conclusions;
  4. engage in critical analysis and make reasoned and appropriate choices among alternatives;
  5. exercise professional judgment in evaluating jurisprudential and practical considerations in corporations law issues;
  6. select, analyse, interpret and apply principles of corporations law to generate appropriate responses to complex legal issues embedded in factual scenarios; and
  7. communicate effectively and persuasively to specified audiences.

Assessment

1. Research assignment (3,000 words): 40%
2. Final examination (2 hours+ 30 minutes reading time): 60%

Workload requirements

Workload is 2.5 hours per week x 12 weeks

Chief examiner(s)

Ms Lisa Robinson (Trimester 1, 2 & 3)

Prerequisites

Co-requisites


12 points, SCA Band 3, 0.250 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedClayton Summer semester A 2015 (Evening)
Clayton Trimester 1 2015 (Day)
Clayton Trimester 2 2015 (Day)
Clayton Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7423
For application & enrolment information please see http://www.law.monash.edu/about-us/legal/cle/juris-doctor-units.html

Quota applies

The unit is restricted to five students per intake.

Synopsis

Participation at a legal service which endeavours to meet the needs of its community. Students learn a range of practical legal skills and develop professional commitment and ethical standards. The unit adds a social justice dimension to academic training by creating an opportunity for students to participate in a work integrated learning environment, enabling them to assess the adequacy of law and legal processes in context.

Outcomes

Students completing this unit will be able to:

  1. Demonstrate advanced legal research skills and professional judgement in order to generate appropriate and practical responses to real legal problems.
  2. Demonstrate a high level of integrated practical application of legal knowledge to solving a diverse range of legal problems.
  3. Communicate effectively (both orally and in writing) with a diverse range of participants involved in the justice system.
  4. Demonstrate a high standard of practical lawyering skills of interviewing, counselling, negotiation, advocacy and drafting
  5. Reflect on and assess their own capabilities and performance by having developed advanced skills involving self-reflection and self-management, collaboration and teamwork
  6. Effectively recognise and appropriately respond to issues of professional responsibility and professional ethics.

Assessment

Legal service work: 80%
Reflective journal: 20%

Workload requirements

One night time Legal Service client intake session per week throughout the JD clinical period (including non-teaching period) from 6 - 9pm (3 hours). Two additional weekly follow-up sessions throughout the JD clinical period. This consists of one evening from 4 - 6:30 pm* (2.5 hours)and one evening from 4 - 7 pm* (3 hours).

*This is an indication only, class times are subject to change.

Prerequisites

The achievement of at least twelve units or 72 credit points towards the Master of Laws (Juris Doctor) to include:
LAW5001, LAW5002, LAW5005 and LAW5003 or equivalent


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

Students are placed as interns with a partner organisation operating in the legal sector and complete a unique research project jointly defined by the partner organisation and the unit convenor. The partner organisations are leading regulatory, law reform, service provision or policy-setting organisations in the legal sector. Students communicate the research findings in the format specified by the partner organisation, such as a consultation paper, report, commentary, manual, submission or speech. The partner organisation provides field supervision, and the faculty provides academic supervision. Students negotiate a project plan with their supervisors, keep a progress journal, and make an oral report on the project and learning outcomes. This unit meets the course requirement to plan and execute a professional or scholarly research project.

Outcomes

At the successful completion of this unit, students will be able to:

  1. apply advanced and integrated knowledge, research and cognitive skills to generate appropriate practical and jurisprudential responses to complex legal issues;
  2. demonstrate the intellectual skills to justify and interpret theoretical positions and professional conclusions and methodologies;
  3. plan and execute a professional or scholarly research project with a high degree of independence and accountability;
  4. communicate a clear and coherent exposition of legal and policy issues in ways that are effective for the purpose and the intended audience;
  5. collaborate with others on a project in a workplace setting; and
  6. make use of feedback to support their professional and personal development.

Assessment

Negotiated research project: 70%
Negotiated project plan and journal reporting on progress (2000 words): 20%
Oral presentation on project and learning outcomes: 10%

Workload requirements

A total of 132 hours of internship at an agency.

This unit applies to the following area(s) of study

PG113

Prerequisites

LAW5080 or LAW5081 or LAW5000 or an equivalent foundation subject of a law course.

Prohibitions

LAW5901


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)

Synopsis

Only students selected by the faculty as Student Editors of the "Monash University Law Review" enrol in this unit. The Student Editors are responsible for working closely with the Faculty Advisors and student editorial committee to produce the "Monash University Law Review". Student Editors are responsible for managing the student editorial committee; soliciting and reviewing academic articles for the journal; editing and checking the citations on accepted articles; and managing the process of publication and distribution of the journal. Student editors enrol in this unit to obtain credit for the learning achieved in the work of producing one issue of the journal. The set of activities undertaken by the Student Editors will depend on the stage at which the preparation for the next issue of the journal has reached at the time their enrolment commences and finishes, in accordance with a schedule approved by the Faculty Advisors who oversee the production of the journal.

Outcomes

At the successful completion of this unit, students will be able to:

  • manage the process of publishing an issue of a scholarly academic journal under the peer review process in academic publishing; edit academic articles; and manage the practical aspects of timely, effective publication and distribution of the journal;
  • demonstrate a developing ability to exercise professional judgment and justify their own conclusions in assessing the quality of academic writing including consideration of the contemporary developments in the law and its professional practice;
  • recognise and reflect upon, and develop the ability to respond to, ethical issues that arise in the process of editing an academic journal including conflicts of interest and intellectual property issues;
  • demonstrate an ability to research, evaluate and synthesise relevant factual, legal and policy issues in the context of determining the appropriateness of articles submitted for publication in the journal;
  • collaborate effectively with Faculty Advisors and the student editorial committee as part of a team to manage the process of preparing an issue of "Monash University Law Review" for publication;
  • communicate in ways that are effective, appropriate and persuasive with submitting authors, reviewers, Faculty Advisors and members of the student editorial committee; and
  • learn and work at a high level of individual autonomy, responsibility and professionalism.

Assessment

The unit will be marked on an ungraded competency basis (satisfactory/unsatisfactory)

The awarding of satisfactory for this unit will consist of the Faculty Advisors' recommendation based on:
(1) A spreadsheet documenting the tasks to be completed by the Student Editors in the process of receiving submitted articles, assessing them, communicating with authors and reviewers, arranging checking by Editorial Board and managing the completion of readying articles for publication in the journal over the course of the semester of enrolment. The spreadsheet will show the agreed allocation of responsibilities for tasks at the beginning of each semester. It will highlight the tasks actually undertaken by each Student Editor and the dates of completion. At the end of the semester, the spreadsheet will be signed by all Student Editors to confirm that the tasks have been completed as allocated.
(2) Preparing and leading the training of the student editorial committee in relation to use of the "Australian Guide to Legal Citation" for editing articles accepted for publication under supervision of the Faculty Advisors who may check the training material and the outcomes of the work of the editorial committee.
(3) Publication or substantial progress towards publication of one issue of the "Monash University Law Review". Evidence of "substantial progress" towards publication of one issue will include tasks completed as shown on the spreadsheet, communications with authors and reviewers, and edited copy of articles.

Workload requirements

There is an expectation that students will spend 12 hours a week for 12 weeks on this task for credit. Because the unit is a work-integrated unit, students do commonly find the need to spend additional time.

Prerequisites

For students in JD course
LAW5000, LAW5001, LAW5004, LAW5003, LAW5002, LAW5005, LAW5006, LAW5007

Co-requisites

For students in JD course:
LAW5008, LAW5011

Prohibitions

LAW5054 (that is, the equivalent 12 credit point unit)


12 points, SCA Band 3, 0.250 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedClayton Full year 2015 (Day)

Synopsis

Only students selected by the faculty as Student Editors of the "Monash University Law Review" enrol in this unit. The Student Editors are responsible for working closely with the Faculty Advisors and student editorial committee to produce the "Monash University Law Review". Student Editors are responsible for managing the student editorial committee; soliciting and reviewing academic articles for the journal; editing and checking the citations on accepted articles; and managing the process of publication and distribution of the journal. Student editors enrol in this unit to obtain credit for the learning achieved in the work of producing two issues of the journal. The set of activities undertaken by the Student Editors will depend on the stage at which the preparation for the next issue of the journal has reached at the time their enrolment commences and finishes, in accordance with a schedule approved by the Faculty Advisors who oversee the production of the journal.

Outcomes

At the successful completion of this unit, students will be able to:

  • manage the process of publishing an issue of a scholarly academic journal under the peer review process in academic publishing; edit academic articles; and manage the practical aspects of timely, effective publication and distribution of the journal;
  • demonstrate a developing ability to exercise professional judgment and justify their own conclusions in assessing the quality of academic writing including consideration of the contemporary developments in the law and its professional practice;
  • recognise and reflect upon, and develop the ability to respond to, ethical issues that arise in the process of editing an academic journal including conflicts of interest and intellectual property issues;
  • demonstrate an ability to research, evaluate and synthesise relevant factual, legal and policy issues in the context of determining the appropriateness of articles submitted for publication in the journal;
  • collaborate effectively with Faculty Advisors and the student editorial committee as part of a team to manage the process of preparing an issue of "Monash University Law Review" for publication;
  • communicate in ways that are effective, appropriate and persuasive with submitting authors, reviewers, Faculty advisors and members of the student editorial committee; and
  • learn and work at a high level of individual autonomy, responsibility and professionalism.

Assessment

The unit will be marked on an ungraded competency basis (satisfactory/unsatisfactory)

The awarding of satisfactory for this unit will consist of the Faculty Advisors' recommendation based on:

(1) A spreadsheet documenting the tasks to be completed by the Student Editors in the process of receiving submitted articles, assessing them, communicating with authors and reviewers, arranging checking by Editorial Board and managing the completion of readying articles for publication in the journal over the course of the semester of enrolment. The spreadsheet will show the agreed allocation of responsibilities for tasks at the beginning of each semester. It will highlight the tasks actually undertaken by each Student Editor and the dates of completion. At the end of the semester, the spreadsheet will be signed by all Student Editors to confirm that the tasks have been completed as allocated.
(2) Preparing and leading the training of the student editorial committee in relation to use of the "Australian Guide to Legal Citation" for editing articles accepted for publication under supervision of the Faculty Advisors who may check the training material and the outcomes of the work of the editorial committee.
(3) Publication or substantial progress towards publication of one issue of the "Monash University Law Review". Evidence of "substantial progress" towards publication of one issue will include tasks completed as shown on the spreadsheet, communications with authors and reviewers, and edited copy of articles.

Prerequisites

For students in the JD course
LAW5000, LAW5001, LAW5004, LAW5003, LAW5002, LAW5005, LAW5006, LAW5007

Co-requisites

LAW5008, LAW5011

Prohibitions

LAW5053 (that is, the equivalent 6 credit point unit)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

Examination of UN Model Law on International Commercial Arbitration, Vienna Convention on Contracts for the International Sale of Goods and cases from around the world. Focus is on oral advocacy, research skills, strategic thinking and team work. The subject culminates in an international arbitration moot competition, and some students will be selected to represent Monash (in Vienna or Hong Kong).

Outcomes

At the successful completion of this Unit, students will be able to:

  1. Prepare legal arguments by applying an intellectual and practical synthesis of: a thorough understanding of law relevant to complex cross-border commercial disputes; firm grasp of a complex factual scenario; and an appreciation of policy and principles behind development of the law; an thorough understanding of contemporary developments in international commercial law and its professional practice.
  2. Identify and apply legal reasoning and research to generate appropriate and persuasive argument and to develop and articulate complex legal issues; apply, engage in critical analysis and make strategic choices distinguish between different approaches in comparative law; assess strengths and weaknesses in legal argument from strategic and substantive perspectives; have a developing ability to exercise professional judgment; and demonstrate sophisticated cognitive and creative skills in approaching difficult legal issues and generating appropriate responses.
  3. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues, including a demonstrated ability to locate, isolate and thoroughly understand appropriate materials such as cases, scholarship, uniform texts and other instruments for use in an international arbitral setting.
  4. Reflect upon and recognise ways to articulate persuasively in light of personal abilities, exercise a high degree of professional and practical judgement to predict likely arguments of opponents and techniques in responding to these and to queries from an audience of a panel of experts with varied legal and professional backgrounds, and to collaborate effectively within a team to produce individual and group outcomes that maximize strengths.
  5. Learn and work with a high level of individual autonomy, responsibility, and professionalism, reflect on and assess their own capabilities and performance, and make use of feedback to accelerate personal and professional development.

Assessment

Two Written Memoranda (Team) 20%
Oral Assessment (Mooting): 80%

Workload requirements

The unit requires a far larger workload commitment than other units, approximately 300 hours, during the period of October-April. [NB This is beyond the standard workload, because the team represents the university, and is a small, select group. All students take on the subject only after an interview, during which the extraordinary workload is explained to them.]

Prerequisites

None

Note: JD students cannot enrol in elective units until they have completed 72 credit points of compulsory units, therefore they will have completed units such as Contract and Public law and statutory interpretation, which are necessary for successful participation in the Unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Term 3 2015 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7212

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge of the rules of precedent and statutory interpretation with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information in relation to legal and political institutions in Australia, sources of law in Australia, case law and its evolution and the role of judges in interpreting legislation;
  • conduct research based on knowledge of appropriate research principle and methods and an understanding of the requirements of good legal writing, including basic matters of style; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the Australian legal system.

Assessment

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

Workload requirements

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

Chief examiner(s)

Associate Professor Gaye Lansdell Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=2900&pid=3317) (Trimester 1)
Dr Azadeh Dastyari [http://monash.edu/research/people/profiles/profile.html?sid=8388&pid=4030http://monash.edu/research/people/profiles/profile.html?sid=8388&pid=4030 (http://monash.edu/research/people/profiles/profile.html?sid=8388&pid=4030)[Research Profile] (Term 3)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (On-campus block of classes)
City (Melbourne) Term 3 2015 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7436

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit is only available to international students. It is designed to provide international students, in particular those from civil law countries, with a general understanding of the operation of the Australian legal system and common law systems more generally, including the structure and content of cases and the main principles of statutory interpretation, and with the legal research and communication skills necessary for postgraduate legal research and writing

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to the rules of precedent and statutory interpretation to new situations in professional practice with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex legal information, problems, concepts and theories in relation to the operation of the Australian legal systems;
  • Conduct research into the common law systems more generally, including the structure and content of cases based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to case law, statutory interpretation, and advanced legal research.

Assessment

Research methods exercise(750 words): 10%
Research assignment(s)(3375 words): 45%
Take-home examination: 45%

Workload requirements

Classes commence two weeks prior to the beginning of Semester 1 and Semester 2.
36 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Second semester 2015 (On-campus block of classes)
City (Melbourne) Summer semester A 2015 (On-campus block of classes)
City (Melbourne) Term 3 2015 (On-campus block of classes)
City (Melbourne) Trimester 3 2015 (On-campus block of classes)
City (Melbourne) Term 4 2015 (On-campus block of classes)

Notes

Enrolment guidelines for postgraduate unit LAW5082 - Masters research can be viewed at http://www.law.monash.edu/current-students/enrolments/enrolment-guidelines-pg-law-5082.html
For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

In this unit, taken in the last or penultimate semester, masters coursework students apply research, thinking and communication skills and specialist discipline knowledge to complete a research project with independence. Students will audit another masters elective unit offered in the same teaching period in their area of specialization, and will complete a research project in the subject area of the audited unit.

Outcomes

On completion of this unit students will have demonstrated:

  • research skills to investigate, analyse and synthesise complex information, problems, concepts and theories;
  • creative skills to design, evaluate, implement, analyse and theorise about developments that contribute to professional practice or scholarship;
  • cognitive skills to apply theories, knowledge and skills to different legal areas or to new situations in legal practice or scholarship;
  • creative skills to design, evaluate, implement, analyse and theorise about developments that contribute to professional practice or scholarship;
  • thinking skills to discuss complex and abstract legal ideas and theories;
  • communication and interpretive skills to justify arguments, methods, and conclusions to a scholarly or professional audience; and
  • the application of research methods and specialist discipline knowledge to plan and execute a substantial research-based project with a high level of personal autonomy and accountability.

Assessment

Hurdle requirement: completion of online masters research skills module
One research paper (7500 words): 100%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering, to be taken in an elective unit in their specialisation on an audit basis. Students will be expected to do reading set for class, and to participate in class discussion. Students are also required to complete the required online research modules.

Chief examiner(s)

Prerequisites

Completion of any compulsory units such as Australian legal system.


12 points, SCA Band 3, 0.250 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)
City (Melbourne) Second semester 2015 (Off-campus block of classes)
City (Melbourne) Summer semester A 2015 (Day)
City (Melbourne) Term 1 2015 (Day)
City (Melbourne) Term 2 2015 (Day)
City (Melbourne) Term 3 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)
City (Melbourne) Term 4 2015 (Day)

Notes

Enrolment guidelines for postgraduate Minor thesis can be viewed at http://www.law.monash.edu/current-students/enrolments/enrolment-guidelines-pg-minor-thesis.html
For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7456

Synopsis

This unit involves completion of a 12,000-15,000 words (maximum) thesis. The topic is designed by the student in conjunction with a staff member and approved by the Postgraduate Board of Examiners. Students work under supervision but with considerable independence. The unit is suitable for students seeking a pathway to doctoral studies.

Outcomes

On completion of this unit students will have:

  • developed a high level of personal autonomy and accountability in planning and executing a substantial piece of research on a particular legal issue;
  • acquired an advanced knowledge of legal research principles and methods, evidenced by their ability to locate, update and apply the law in their chosen area of research;
  • demonstrated an advanced and integrated understanding of a complex body of knowledge in an area of law;
  • developed their capacity to analyse critically, reflect on and synthesise information, problems, policies, concepts and theories, evidenced by their ability to develop and sustain a convincing 'thesis' throughout their research;
  • demonstrated advanced written communication skills; and
  • made a contribution to knowledge in their area of research.

Assessment

Minor thesis (12,000-15,000 words): 100%

The thesis will be assessed by an examiner under the Faculty regulations.
Please note that there is an application process for this unit, available at: http://law.monash.edu.au/current-students/enrolments/enrolment-guidelines-pg-research-units.html

Workload requirements

Students enrolled in the minor thesis will be provided with appropriate levels of supervision to meet the needs of the student and expectations of the university. Students will be expected to do reading and research applicable to a 12 credit point unit.

Chief examiner(s)

Prerequisites

Completed four units (four elective units for JD students) and obtained 70% or above in each of the units.


24 points, SCA Band 3, 0.500 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Summer semester A 2015 (Day)
City (Melbourne) Term 1 2015 (Day)
City (Melbourne) Term 2 2015 (Day)
City (Melbourne) Term 3 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)
City (Melbourne) Term 4 2015 (Day)

Notes

Enrolment guidelines for postgraduate Minor thesis can be viewed at http://www.law.monash.edu/current-students/enrolments/enrolment-guidelines-pg-minor-thesis.html
For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7000

Synopsis

This unit involves completion of a 25,000-30,000 words (maximum) thesis. The topic is designed by the student in conjunction with a staff member and approved by the Postgraduate Board of Examiners. Students work under supervision but with considerable independence. The unit is suitable for students seeking a pathway to doctoral studies.

Outcomes

On completion of this unit students will have:

  • developed a high level of personal autonomy and accountability in planning and executing a substantial piece of research on a particular legal issue;
  • acquired an advanced knowledge of legal research principles and methods, evidenced by their ability to locate, update and apply the law in their chosen area of research;
  • demonstrated an advanced and integrated understanding of a complex body of knowledge in an area of law;
  • developed their capacity to analyse critically, reflect on and synthesise information, problems, policies, concepts and theories, evidenced by their ability to develop and sustain a convincing 'thesis' throughout their research;
  • demonstrated advanced written communication skills; and
  • made a contribution to knowledge in their area of research.

Assessment

Minor thesis (25,000-30,000 words): 100%

The thesis will be assessed by an examiner under the Faculty regulations.
Please note that there is an application process for this unit, available at: http://law.monash.edu.au/current-students/enrolments/enrolment-guidelines-pg-research-units.html

Workload requirements

Students enrolled in this unit will be provided with appropriate levels of supervision to meet the needs of the student and expectations of the university. Students will be expected to do reading and research applicable to a 24 credit point unit.

Chief examiner(s)

Prerequisites

Completed four units (four elective units for JD students) and obtained 70% or above in each of the units.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Second semester 2015 (Day)
City (Melbourne) Term 3 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)
City (Melbourne) Term 4 2015 (Day)

Synopsis

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

Outcomes

On completion of this unit students will have:

  • developed a high level of personal autonomy and accountability in planning and executing a substantial piece of research on a particular legal issue;
  • acquired an advanced knowledge of legal research principles and methods, evidenced by their ability to locate, update and apply the law in their chosen area of research;
  • demonstrated an advanced and integrated understanding of a complex body of knowledge in the relevant area of law;
  • developed their capacity to analyse critically, reflect on, and synthesise, information, problems, policies, concepts and theories, evidenced by their ability to develop and sustain a convincing 'thesis' throughout their research;
  • demonstrated advanced written communication skills; and
  • made a contribution to knowledge in their area of research.

Assessment

Research paper (7,500 words): 100%
Please note that there is an application process for this unit, available at: http://law.monash.edu.au/current-students/enrolments/enrolment-guidelines-pg-research-units.html

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7009

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit studies and analyses the agreement for lease; the problems arising in a determination of the subject matter of the lease; assignment by lessor or lessee and its effects eg. the enforceability of covenants in the lease by and against mortgagees after assignment; and the effect of assignment under the Retail Leases Act 2003. It analyses problems arising in the interpretation of some common covenants eg. outgoings; repairs, quiet enjoyment; insurance; user; options; and studies rent and rent review clauses as well as default and remedies. Specific reference to relevant legislation eg. Retail Leases Act 2003 is included in all topics.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the laws regulating the rights and duties of landlords and tenants in a commercial lease with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the law and the way in which it is applied with respect to a number of areas of current interest and concern in the area of commercial lease;
  • Conduct research into commercial tenancy law based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to commercial tenancy law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Second semester 2015 (Evening)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7011

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit covers the branch of intellectual property law which protects literary and artistic creations, films, sound recordings, broadcasts and published editions of works. Topics covered include the objectives of copyright law, its international framework, what it covers, when it subsists, whether it has been infringed and the consequences of infringement, and proposals for law reform. These issues are considered both from the perspective of authors, designers and other creators and the perspective of copyright users. There is a focus on areas of contemporary and emerging importance, including the impact of technological developments, and use of comparative materials.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of recent developments in relation to copyright law with creativity and initiative to new situations in professional practice;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Australian and international copyright law;
  3. conduct research in copyright law based on knowledge of appropriate research principle and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to copyright law.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7019

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides an introduction to the European Union (EU) and its relations with the world. The unit introduces students to the fundamental aspects of the EU's legal system (legal structures, principles, institutions, law-making procedures, enforcement mechanisms, etc). The unit then examines the EU's core economic law and policies, including the single market and competition policy. The unit also investigates the EUs relations with the world, including the EU's treaty-making powers, trade policy (notably in the WTO) and the ongoing attempts to create a common EU foreign and security policy. This unit is designed for Australian and other non-European Union (EU) lawyers who, for professional or academic reasons, seek an introduction to the law and policy of the European Union. At the end of the unit students will be familiar with the legal structures and governance of the European Union, the engine of the European integration project, the single market, and the EU's relations with the rest of the world.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to European Union law and policy with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to European Union law and policy;
  • conduct research in European Union law and policy based on knowledge of appropriate research principle and methods;
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to European Union law and policy.

Assessment

Research essay (5250 words): 70%
Take-home Exam (2250 words): 30%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7022

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on intra-family conflicts and how decisions are made under the Family Law Act 1975. It looks at practice and changes in family law over the past 40 years and analyses how expert evidence and social, psychological and medical sciences inform family law decision making. Areas explored include shared parenting, family violence and attachment theory. The unit looks at how this knowledge is applied by decision makers. It also investigates the interaction between the Family Law Act and international conventions such as UNCROC, the Hague Convention on child abduction and the Hague Convention on child protection.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of issues and developments in relation to a range of intra-family disputes with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to expert evidence and social science research in a range of topics in family law decision making under the Family Law Act 1975 (Cth);
  • Conduct research in Forensic Family Law based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to family law theory and practice.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)
City (Melbourne) Second semester 2015 (Day)
City (Melbourne) Trimester 1 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7026

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit is an overview of international human rights law, providing the requisite foundational knowledge for further study and practise in this area. After a brief introduction to public international law, the unit focuses on international human rights law concepts, including the competing theoretical and philosophical foundations of international human rights law, the historical development of modern international human rights law, and the debates surrounding universal, culturally relative and/or the pluralistic nature of human rights. It also provides detailed analysis of the international human rights institutions and enforcement mechanisms, focussing on the United Nations Charter- and Treaty-based systems. After a critical exploration of the different types of rights and the debates surrounding hierarchy and justiciability of rights, the unit focuses on the scope and content of civil and political rights, and economic, social and cultural rights. The unit examines the various methods and criteria for restricting the application of rights, including the derogation and limitations mechanisms. It includes an assessment of the relevance of international human rights law to Australian law and practice.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of foundational concepts, as well as a range of current controversies and recent developments, in relation to international human rights law, with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international human rights law, and critically evaluate the effectiveness of modern international human rights law and its mechanisms in redressing violations of human rights;
  • conduct research in the area of international human rights law, including its relevance to domestic law, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international human rights law.

Assessment

Research essay (max 7,500 words): 100%
OR
Two research essays (max 3,750 words each): 50% each

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7028

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on the laws, regulations and administrative processes that apply to international trade. The applicable Australian domestic laws are examined within the context of Australia's international obligations under the World Trade Organisation framework and other international regimes and treaty arrangements. After investigating the various structures an exporter can adopt for undertaking international trade (agency, distributorship, licensing and franchising) an examination is made of the legal and other impacts of applying each of these structures. The unit then covers the formation of international sales contracts and the application of the Convention on the International Sale of Goods, along with the incorporation by reference of incoterms into contracts. The resolution of cross-border contract disputes by using mediation, international arbitration and litigation is examined. Other topics covered are payment by means of letter of credit, the legal regime for insuring cargo and the liabilities of carriers. The regulation of imported and imported goods is examined, along with the application and calculation of customs duties. This regime is considered within the context of Australia's WTO and other international obligations. Australia's anti-dumping regime is also examined within the context of WTO obligations. Finally, the organisation and structure of the WTO itself is considered.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to international trade law with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international trade law;
  • Conduct research in international trade law based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international trade law.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7031

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides a thorough study of the law and practice of corporate insolvency. It covers general concepts of corporate insolvency law with particular reference to Australia. Principal topics include: administration and deed of company arrangements; the concept of insolvency; administration and deed of company arrangement; procedures for winding up; assets available for distribution in winding up; proof and ranking of claims in winding up; insolvent trading and director's duty to creditors; voidable transactions; enforcement of security and receivership; and cross-border insolvency.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to corporate insolvency law with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the impact of insolvency generally on a corporation's rights and liabilities
  • conduct research in corporate insolvency law based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to corporate insolvency law together with an understanding of the practical implications of such rules.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7037

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the methods for prescribing and maintaining standards of safety in the workplace with creativity and initiative to new situations in professional practice;
  • conduct research into the current and emerging OHS legislation and case law in Victoria based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the OHS laws within the context of other legislation dealing with behavior in the workplace such as industrial relations legislation, equal opportunity legislation and workers' compensation legislation.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7040

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

On January 1, 2010 the Evidence Act 2008 (Vic) came into operation. The Act introduces a reformed version of the uniform evidence acts presently in operation federally and in New South Wales and Tasmania into Victoria. The Act is based upon recommendations made by the Victorian Law Reform Commission in its 2005 report. The Act both codifies and changes in fundamental fashion the previous law of evidence in Victoria. This unit will analyse changes brought about by the Act. At least six discrete areas of current interest in evidence law will be the subject of particular focus.

Outcomes

On completion of this subject students should:

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

Assessment

Either research assignments (3,750 words): 50%
Moor Court participation: 40%
Class presentation: 10%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7041

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit studies the law governing employment of public servants, Government agencies' officers and other government workers, and examines major alterations in labour relations and public law relevant to public sector employment. Main matters covered are: the common law of Crown employment; structure/management of Government services; appointment of officers, public servants and other government workers, their rights and obligations; classifications, transfers, promotions; remuneration/other benefits; grievances appeals procedures; tenure, dismissal, redundancies, redeployment, retirement; discipline and industrial action; impact of unfair dismissal statutory remedies, enterprise bargaining and the Fair Work Act 2009 (Cth).

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to Public Sector Employment Law with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Public Sector Employment Law;
  • Conduct research in Public Sector Employment Law based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Public Sector Employment Law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7043

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Sources of sentencing law. The distribution of sentencing authority between the legislature, judiciary and executive arms of government. Sentencing principles and procedures. The control of sentencing discretion including guideline judgments. The sentencing hearing including the role of counsel. Sentencing measures available to the courts including custodial and non-custodial sanctions.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the legal framework within which offenders against federal and state law in Victoria are sentenced, the judicial and non-judicial elements of sentencing, and the empirical and legal bases of sentencing practice, with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to sentencing law;
  • Conduct research in the empirical and legal bases of sentencing practice, and the different philosophical underpinnings of the sentencing system, based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to sentencing laws.

Assessment

One written assignment (2250 words): 30%
One research assignment (5250 words): 70%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 4 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7045

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on the law concerning takeovers. Topics covered will include:

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the structure of regulation of takeovers in Australia (including the respective roles and principal powers of the Australian Securities and Investments Commission, the Takeovers Panel and the Australian Securities Exchange and the extent to which the decisions of these bodies are subject to appeal or review) with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the desirability and effects of takeovers and the regulation of takeovers;
  • conduct research into the complex statutory scheme based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the law concerning takeovers.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

LLAW5017 or LAW5011, or equivalent


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7056

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge of, and understanding of recent developments in relation to Australian competition law with creativity and initiative to new situations in professional practice, including assessment of when conduct substantially lessens competition;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal principles which govern Australia's competition laws and the competing schools of thought on the objectives of competition law;
  3. conduct research in competition law based on knowledge of appropriate research principle and methods;
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to competition law; and
  5. to develop awareness of the role of law in regulating and facilitating commercial transactions.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7059

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit is concerned with land use controls administered by municipal councils and other planning authorities. It will firstly give the candidate a broad outline of statutory planning in Victoria and with an emphasis on urban regions, then concentrate on a number of specific issues including: what considerations are relevant to the exercise of planning discretion; the power to include conditions in planning permits and limitations on such power; legal responses to problems of urban sprawl; ministerial planning powers; citizens participation in the planning process; and the role of the Victorian Civil and Administrative Tribunal.

Outcomes

On completion of this subject students will be able to:

  • apply knowledge and understanding of the legal issues which may arise in relation to the preparation, administration and enforcement of planning instruments so as to be able to identify and find relevant principles, law and precedents, including decisions of the Planning and Environment List of the Administrative Appeals Tribunal, and to resolve such issues with creativity and initiative to new situations in the professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to individuals, corporations, local government and community groups and their rights under planning legislation and planning schemes;
  • conduct research into legal policy and rules relating to the statutory planning process based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to planning law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7068

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this students will be able to:

  • apply knowledge and understanding of recent developments in relation to international environmental law and policy in response to the increasingly global, transboundary nature of ecological problems with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to foundational aspects of public international law which underpin international environmental law, including sovereignty, jurisdiction, territory and state responsibility;
  • conduct research in international environmental law and major international environmental agreements based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international environmental law.

Assessment

Research paper (6,000 words): 80%
Take-home exam (1,500 words): 20%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7071

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Commercial alternative dispute resolution methods and the process of mediation. The uses, benefits and limitations of various ADR processes are critically examined. The impact of ADR on the legal system and the development of law are considered. Including participation in simulation exercises, the Unit offers knowledge to assist legal representatives and other students to maximise the value of a range of ADR processes.

Outcomes

On completion of this unit students should have:

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

Assessment

1. Participation in two simulated mediation exercises (assessed in class)
PLUS a Reflective Journal on the student's mediation exercise experiences
(1500 words)
Value: 40%

2. Research paper (4,500 words)
Value 60%

OR

3. Take-home exam (4,500 words)
Value: 60%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7075

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit studies the statutory protection offered by the registered trade marks system, and the common law accorded through the actions of passing off and related torts. The unfair trading provisions of Part V of the Trade Practices Act 1974 (Cth) and its State counterparts will be considered. So will the impact of the Internet on these areas of law on issues such as use of domain names and keyword advertising. The unit will meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Law (topic group C).

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to trade marks and commercial designation with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to trade marks and commercial designations;
  • Conduct research in trade marks and commercial designation based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to trade marks and commercial designations; and
  • Meet the learning requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Law (topic group C).

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7076

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit provides a comprehensive and critical examination of current issues relating to laws which affect public information in the possession of, or generated by, the federal and Victorian governments (including statutory authorities and municipalities). While a key focus is on freedom of information and privacy laws, it also includes discussion of statutory requirements to provide reasons for decisions, public access to hearings and meetings, freedom of information, breach of confidence, public interest immunity, legal professional privilege, Crown copyright, statutory secrecy provisions and privacy.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the laws which regulate access to Australian government information with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the diverse laws which regulate or affect public access to Australian government information;
  • conduct research in government information law based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the diverse laws which regulate or affect public access to Australian government information.

Assessment

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

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7077

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to

  • apply knowledge and understanding of the bases for the international protection of intellectual property rights with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the evolution of new international norms in relation to intellectual property;
  • conduct research into the relationship between international protection of intellectual property rights and wider questions of international trade relations based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international aspects of intellectual property.

Assessment

Research Assignment - outline: 30%
Class presentation: 10%
Research Assignment - final (4,500 words): 60%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Evening)
City (Melbourne) Term 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7083

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on the law of employee relations. Topics covered will focus on issues such as the contract of employment; the rights and obligations of employers and employees; rights in respect of unfair dismissal and redundancy, and remedies for breach; collective (enterprise) agreements under the Commonwealth Fair Work Act 2009; the process of negotiation, the legal status of such agreements, and procedures for enforcement; the role of unions and the Fair Work Commission in these processes and procedures; modern awards and the legislative prescription of minimum entitlements in the National Employment Standards.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the law relating to employee relations in Australia, the sources of rights and obligations between employers and employees and the processes of resolving employer-employee disputes with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the theoretical and philosophical bases underpinning the resolution of industrial disputes and the determination of relationships between employer and employees in Australia;
  • conduct research in law of employee relations based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the operation in practice of the systems of dispute resolution and determination in Australia.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7087

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the framework for local government in the context of recent legislative developments (namely the introduction of the Local Government Act 1989) with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the framework of the Local Government Act 1989 in the context of other legislation affecting the powers and functions of local government;
  • conduct research into the structure of local government based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the powers that councils have to attain their objectives, purposes and functions.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7119

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This is an important unit for any student who practises or seeks to practise in the area of intellectual property law or who works in an innovative commercial environment where research results in new products and processes. A patent provides the patentee with a critical and powerful tool for commercial exploitation of new inventions in all fields of technology. Invention is necessarily exciting and dynamic and leads to cutting edge innovation in such areas as biotechnology, nanotechnology, medical and therapeutic devices and treatments, business methods and systems and internet related inventions. The grant of patent monopoly rights provides the owner with a powerful tool that directly impacts on competition. A patent can have significant implications for users and the public in general who seek access to new technology on reasonable terms.
An essential feature of the patent system is the public disclosure of the invention in return for the patent monopoly but the use of that information is restrained by the scope of the patentee's exclusive rights. The equitable doctrine of breach of confidence provides an alternative form of protection for inventions where secrecy is maintained.
This unit teaches the fundamental principles of patent law and the laws that protect trade secrets in an interactive manner and with recourse to both legal and practical materials that aid understanding and appreciation of the underlying concepts and policy issues.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to the law of patents and trade secrets with creativity and initiative to new situations involving inventors, enterprises and other persons engaged in the process of innovation;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal protection of inventions under the law of patents and trade secrets;
  • conduct research into relevant domestic and international materials on contemporary issues that concern patent law, its relationship with competition law or the laws under which secret commercial information is protectable based on knowledge of appropriate research principle and methods;
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the legal protection of commercial innovation; and
  • meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Patent Law (topic group E).

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7122

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines Australia's superannuation regime. It covers superannuation policy, regulation, taxation and practice. The unit focuses on the way in which superannuation funds are regulated under the Superannuation Industry Supervision Act and how superannuation contributions, benefits and investments are taxed. It also considers tax planning and other strategies for members of superannuation funds.

Outcomes

On completion of this subjects students should be able to:

  • Understand the different types of superannuation entities;
  • Understand how superannuation entities are regulated;
  • Understand how superannuation contributions and investments are taxed;
  • Apply knowledge and understanding of recent developments in superannuation law to situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to superannuation;
  • Conduct research in the area of superannuation law; and
  • Use cognitive and technical skills to generate and evaluate at an abstract level complex ideas and concepts relevant to superannuation law.

Assessment

Class participation: 10%
Assignment (2,250 words): 30%
Take-home examination (4,500 words): 60%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted. In Prato/Malaysia, the unit can be taken by a maximum of 45 students

Synopsis

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 and comparator jurisdictions. This examination includes the regulation of collective bargaining, secret strike ballots and the right to strike in the context of bargaining for a collective agreement; the right to belong (or not to belong) to a trade union and the right to engage in lawful industrial activities.
Comparisons will be made with laws governing collective labour rights in the United States, Canada and the United Kingdom.
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 secondary boycott provisions in the control of unlawful industrial action are also considered.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of recent developments in relation to Collective Labour Rights with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Collective Labour Rights;
  • Conduct research in Collective Labour Rights based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Collective Labour Rights.

Assessment

Research assignment (5,250 words): 70%
Short in-class presentation 10%
Short paper on topic of class presentation (1500 words) 20%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7129

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

In this unit, students will critically examine the law of anti-discrimination in Australia. There will be a focus on the law's theoretical underpinnings, and underlying policy concerns. The unit will deal largely, although not exclusively, with Commonwealth anti-discrimination law. The latter portion of the unit will involve an examination of anti-discrimination principles in specific contexts drawn from, amongst others: the use of genetic testing to determine people's entitlement to particular benefits (such as favourable migration status); prohibitions on religious and racial vilification; same-sex marriage; and prohibitions on the wearing of religious clothing and artefacts

Outcomes

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

  • Apply knowledge and understanding of recent developments in relation to anti-discrimination law in Australia with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the various anti-discrimination law and issues arising as a result of the law's theoretical underpinnings and underlying policy concerns.
  • Conduct research into the legal position pertaining to, and policy concerns arising in respect of, the application of anti-discrimination principles based on knowledge of appropriate research principle and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the application of anti-discrimination principles to specific contexts.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7140

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit comprises a detailed study of Australia's current defamation laws, which consist of the uniform defamation legislation enacted by each State and Territory and the continued operation of relevant common law principles. In addition to identifying and analysing the elements of the cause of action, the operation of defences and remedies, the unit will consider how defamation trials are conducted from the perspective of both plaintiffs and defendants, including pleadings, choice of law principles which apply when defamatory matter is published across multiple jurisdictions and mode of trial. The unit will also offer some comparative analysis of corresponding principles in other jurisdictions (particularly the United Kingdom), explore the application of defamation laws to new media, and assess the advantages and disadvantages of the alternatives to defamation law. The unit will constantly reflect on whether Australia's defamation laws satisfactorily balance freedom of speech and the right to reputation.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to, Australian defamation law with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to defamation law;
  • conduct research in defamation law based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to defamation law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching). In Prato / Malaysia, the unit can be taken by a maximum of 45 students.

Synopsis

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

Outcomes

Students who successfully complete this unit should:

  • apply knowledge and understanding of comparative continental European legal systems with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to comparative continental European legal systems;
  • conduct research in comparative continental European legal systems based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to comparative continental European legal systems.

Assessment

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

Workload requirements

Students are required to attend 36 hours of seminars and undertake 108 hours of private study over the duration of the course, including reading, class preparation, assignment preparation, and revision.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7155

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of international human rights standards and evaluate mechanisms designed to enforce human rights at the international/regional level with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to various human rights;
  • conduct research in the content of various human rights, such content being identified, inter alia, by reference to the case law of the UN treaty monitoring committees and regional human rights courts based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to some of the philosophical bases of and problems with international human rights law in light of contemporary human rights issues.

Assessment

Research assignment (7,500 words): 100%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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

Outcomes

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

  1. apply knowledge and understanding of the various views, including economic theories, concerning the rationale for and objectives of international commercial law with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal problems that arise from international business transactions;
  3. conduct research in the content of the main issues that should be addressed when negotiating a contract for the international sale of goods and services, the financing of international transactions, and the transport of goods internationally based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the law dealing with international contracts of sale, including the laws dealing with international payment of goods and the law relating to the contracts of carriage and insurance of goods.

Assessment

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

Workload requirements

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

This unit applies to the following area(s) of study

Prohibitions

LAW5305 International trade law


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7161

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The aim of this unit is to develop an understanding of the law of the European Union (EU). The unit introduces students to the history and governance of the European Union and helps them examine and understand the constitution and institutions of the EU as well as selected issues of substantive European law. The unit will introduce students to the fundamental aspects of the legal system of the European Union (incl. role of institutions, fundamental principles, law-making procedures, enforcement). Students will also gain an understanding of substantive European law through the study of e.g. the free movement of goods and workers and competition law.This unit may be offered wholly in Prato or in Prato, followed by a study tour of key EU institutions.

Outcomes

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

  • apply knowledge and understanding of the historical development of European integration and the ideological, political and economic factors shaping this development with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the current constitutional structures of the EU: the composition, role and functions of the EU's main institutions, principles and procedures governing law-making, enforcement mechanisms and available judicial remedies
  • conduct research in the content of substantive European law, such as the single European market, and how such law relates to the basic aims and objectives of the EC/EU based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the interactions between the EU and national legal orders, the EU's role in the world.

Assessment

Research assignment (7,500 words): 100%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

This course will examine the sources of international refugee law and the evolution of the international regime for refugee protection. It will discuss 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' and the development of 'complementary protection' for asylum-seekers. It will then address issues raised by regional responses and creation of 'burden sharing' arrangements between states; procedures for determination of refugee status and proposals to reformulate the refugee protection regime.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to International Refugee Law and Practice with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to International Refugee Law and Practice;
  • Conduct research in International Refugee Law and Practice based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to International Refugee Law and Practice.

Assessment

Research assignment (3,750 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50%

Workload requirements

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

This unit applies to the following area(s) of study


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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?

Outcomes

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

  1. apply knowledge and understanding of the constitutional law and statutory framework operating in selected countries of the Western liberal-democratic tradition, with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the institutional design of principal constitutional organs, and the advantages and disadvantages of various alternatives;
  3. conduct research into the approaches to federalism in constitutions and court decisions from selected federal countries of the world based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the framework for protection established under the relevant constitutional systems.

Assessment

Presentation: 10%
Participation: 10%
Short paper (1,500 words): 20%
One take-home examination: 60%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Prerequisites

LAW5007 Principles of constitutional law or its equivalent


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines the principles and practices 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.

Outcomes

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

  • apply knowledge and understanding of the key principles in dispute resolution in international commerce and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems requiring advice to domestic and foreign clients with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal issues or considerations that typically arise in relation to the drafting and arbitration clauses, the enforcement of awards and the preferred rules in a given case;
  • conduct research into the dispute resolution in international commerce to create new understandings of key developments that contribute to professional practice or scholarship based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to dispute resolution in international commerce.

Assessment

Two only of the following three options:
Assessed moot: 50%
Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

The current version refers to the Malaysia offering
For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7189

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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.

Outcomes

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

  • apply knowledge and understanding of whether or not there may be any "fundamental principles" which underlie all criminal justice systems, with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the uses and abuses of comparative criminal law;
  • conduct research into the fundamental aspects of the merits or otherwise of codification in both the common law and the civil law, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to evaluate the essential features of some key areas of substantive law in Australia and other legal systems'.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7207

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on issues relating to psychiatry, psychology and law. Topics covered will include the involvement of psychiatrists and psychologists in assessing mental conditions for the purposes of guardianship and civil commitment legislation and in relation to consent to treatment; psychiatrists' and psychologists' involvement in the criminal law: assessments for the purposes of law relating to fitness to stand trial, insanity, automatism, infanticide and sentencing; and evidentiary issues pertaining to psychiatrists and psychologists giving expert testimony in the courtroom.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to the way in which psychiatrists and psychologists may become involved in the civil law system with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to when and why psychologists and psychiatrists may be called to give evidence in the civil and criminal courts;
  • conduct research in concepts of dangerousness in the court system based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to psychiatry, psychology and law.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7208

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding in relation to the administration and functioning of the criminal justice system in Victoria with creativity and initiative to new situations in professional practice and for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the law and the way in which it is applied with respect to a number of areas of current interest and concern in the areas of evidence, criminal procedure and substantive criminal law in the context of a criminal trial;
  • Conduct research into contemporary problems in the administration of criminal justice based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to contemporary problems in the administration of criminal justice.

Assessment

Research assignment (5,000 words): 70%
Research assignment (2,500 words): 30%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7213

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on the law, regulation and governance of the Internet. It includes analysis of the technical nature of the Internet and contemporary theories of Internet law. The legal issues covered include jurisdiction, copyright, censorship, defamation, privacy and Internet domain names. The content of the unit changes to reflect current developments in Internet law, regulation and governance.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to Internet law, regulation and governance with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to
  • Conduct research in Internet law, regulation and governance based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Internet law, regulation and governance.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7215

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines:

  • the legal regulatory framework under the Fair Work Act 2009 (Cth) and collective/individual employment agreements, contract of employment and rights/duties of employers/employees relevant to businesses and their structure
  • obligations of receiver/manager towards employees
  • employment aspects of acquisition/merger of businesses, insolvencies and winding up
  • closure of business (or part), outsourcing and redundancy payments
  • management in the context of occupational safety laws and responsibilities
  • sources of companies' superannuation rights and obligations to their employees
  • protecting businesses from competition by employees/ex-employees and industrial action

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments, with creativity and initiative to new situations in professional practice and/or for further learning, in relation to the common law and statutory regulatory framework of employer and employee rights and obligations in Australia in the context of commercial business transactions, including acquisitions, mergers, insolvencies, and of commercial entities' labour law responsibilities in outsourcing and restructuring business; the sources of rights and obligations of corporate directors in superannuation and workplace health and safety; and protecting business from both competition by employees and ex-employees, and from industrial action,
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the intersection of labour and commercial laws
  • Conduct research in labour law relevant to businesses and their structures based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the intersection of labour and commercial laws and policy arguments for and against reform of laws at the intersections of corporate and labour laws.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7218

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to

  • apply knowledge and understanding of recent developments in relation to the permissibility of armed conflict in international law, and the way in which the international humanitarian law regulates the conduct of armed conflict with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international humanitarian law;
  • conduct research in international humanitarian law based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skill to generate and evaluate at an abstract level complex ideas and concepts relevant to way in which international humanitarian law is enforced and future challenges for international humanitarian law.

Assessment

Class participation: 10%
Research assignment (3,750 words): 45%
Take home examination (3,750 words): 45%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7221

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of licensing and other technology contracts with creativity and initiative to new situations in professional practice;

o Key provisions to be included in licensing contracts;

o Risk management, dispute resolution and implications of different commercialization structures; and

o Effective negotiation tactics.

  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to technology contracts and licensing law;
  • conduct research into technology contracts and licensing law based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to technology contracts and licensing law.

Assessment

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

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Second semester 2015 (Day)
City (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Term 2 2015 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7223

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit introduces the concept and categories of intellectual property law and the interface between them within a national and global context using case studies, and develops awareness of the role of the law in facilitating commercial transactions. Students will evaluate the rationales for and the nature and objectives of a broad range of intellectual property rights including copyright, trademarks, passing off, geographical indications, industrial designs, patents, protection of confidential information (trade secrets), plant breeder's rights and circuit layouts. The unit also examines the major international intellectual property treaties and the relationship of intellectual and industrial property with consumer protection legislation and restrictive trade practices legislation.

Outcomes

On completion of this unit students will be able to:

  1. compare and contrast the nature and objectives of the common law and statutory regimes protecting trade marks, patents, copyright, designs, confidential information, circuit layouts and plant breeders' rights.
  2. research, interpret, evaluate and synthesise legal principles to formulate appropriate responses to complex problems and issues and to generate new understandings;
  3. communicate ideas relating to the protection of intellectual property rights to a specified audience in ways that are effective, appropriate and persuasive; and
  4. reflect on the role and effectiveness of law in regulating and facilitating commercial transactions.

Assessment

1. Research assignment (3,750 words): 50%
2. Take home final examination (3,750 words): 50%

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5000 or LAW5080 or LAW5081 or an equivalent foundation subject in a law course.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Summer semester A 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7224

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit is designed to meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys (PSB) in relation to trade mark practice and the professional conduct of trade marks attorneys. The unit content details the process by which trade mark applications are made, opposed and registration maintained. It also deals with exploitation of registered trade mark rights via assignment, licensing and their use as security in financial transactions. It also deals with conflicts of interest and the need to maintain appropriate monitoring systems.
Emphasis is placed on the practical aspects of trade mark practice as is relevant to the practice of a registered Trade Marks Attorney. To this end, the unit places particular emphasis on the practices and procedures of the Australian Trade Marks Office. It also seeks to provide students with a practical appreciation of the practice of a Trade Marks Attorney through identification and resolution of practice and procedure issues that frequently arise when dealing with trade marks through the application process and after registration.
Professional conduct for Trade Marks and Patent Attorneys, including such issues as registration, professional liability and negligence issues, conflicts of interest, privilege, confidentiality, maintenance of rights and monitoring systems, fiduciary obligations to clients, and the Institute of Patent and Trade Mark Attorneys Code of Conduct.

Outcomes

Upon successful completion of this unit, students will:

  1. meet the learning requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Practice (topic group D) and Professional Conduct (topic group B)
  2. apply knowledge and understanding of the rights, privileges and responsibilities of trade marks attorneys
  3. Investigate, analyse and synthesise complex information, problems, and concepts in relation to trade mark practice, especially the prosecution of trade marks applications, opposition to trade mark applications and the maintenance of registration and the means of exploiting those trade marks
  4. Conduct research in relation to trade mark practice and all aspects of prosecution of trade mark applications and filing of such applications.
  5. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and and concepts relevant to the tasks of advising a client on and filing opposition to a trade mark application, including the preparation of relevant evidence and the conduct of hearings
  6. Apply cognitive, technical and creative skills to advise clients on the desirability of seeking trade mark protection
  7. Use those same skills to advise clients on alternative protection regimes in Australia (such as passing off and use of the Trade Practices Act)
  8. Use those same skills to advise clients on trade mark registration in other countries and via international conventions, including Paris convention trade mark applications, Madrid Protocol applications and European Community Trade Mark applications.

Assessment

Assignment (3,750 words): 50%
Take home examination (3,750 words): 50%
For professional conduct students only - Professional conduct assignment (1,500 words): Pass/Fail

Workload requirements

24 contact hours (Trade mark practice only students) or 30 contact hours (Professional conduct only students) per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7245

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit analyses electronic commerce law as a form of commercial law that incorporates technological innovation and reflects the globalisation of markets. A foundation for analysing specific laws is provided by introducing the idea of an emerging 'global lex mercatoria', providing an overview of the technology used in electronic commerce, introducing some basic electronic commerce business models, and comparing diverse national responses to the growth of electronic commerce. Specific laws governing electronic signatures and other identity management systems, electronic contracting, electronic payments will be analysed in light of those foundational concepts. The unit may also consider related competition and trade practices issues, consumer protection, information privacy, electronic commerce security and jurisdiction.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge, and understanding, of the technical foundation of electronic commerce with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to e-commerce systems for government, business, consumers and citizens in conducting their transactions electronically.
  • Conduct research in electronic commerce law based on knowledge of appropriate research principle and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to electronic commerce law.

Assessment

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

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7246

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines the various legal, policy and governance issues relating to privacy and surveillance. Students will be required to consider the range of technological and regulatory measures that are available, or required, to deal with surveillance and how surveillance and privacy are regulated under existing Australian laws. They will also be given the opportunity to fully explore the relevant technology, how the different privacy and surveillance issues to which it gives rise interrelate and the application of the various regulatory mechanisms which have been designed to deal with these problems.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding Australian laws which regulate surveillance and privacy with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to privacy and surveillance and their regulation;
  • conduct research on the regulation of surveillance and privacy based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to privacy and surveillance and their regulation.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Summer semester A 2015 (Day)
City (Melbourne) Term 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7251

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the theory of principled negotiation and practical guidelines for simplifying the negotiation process and third party processes generally with creativity and initiative to new situations in professional practice and/or for further learning
  • Demonstrate advanced communication skills and a sophisticated appreciation of negotiation and process management objectives
  • Conduct applied research relating to principled negotiation based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to systematic frameworks for preparation, diagnosis and creative problem solving

Assessment

Role play (oral) assessment: 30%
Written negotiation analysis: 20%
Take-home examination (3,750 words): 50%.

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7253

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit takes the intersection of international economic activity and international human rights as a new and crucial issue for international law and practice. Attention is focused on the human rights impacts of international trade law (particularly that which operates under the of the World Trade Organization), international investment law, the actions of global regulatory bodies such as the IMF and the World Bank, loan repayment conditions for poor states and the activities of multinational corporations.

Outcomes

  • Apply knowledge and understanding of the human rights impacts of the operations of international economic actors to propose new approaches for addressing human rights concerns
  • Investigate, analyse and synthesise relevant human rights concepts in the context of economic globalization, including the right to development, economic social and cultural rights, and the right of political participation
  • Conduct research in human rights in the global economy, based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to human rights in the global economy

Assessment

Research paper (7,000 words): 100%
Or
Two research papers (3,500 words each): 50% each

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 1 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7254

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides a detailed study of the Australian registered designs system. It includes coverage of international conventions and design protection in other countries, the origins and rationales of design protection, its relationships with other regimes that protect products of the innovative process, requirements for registration, the registration process and Designs Office practice, the examination of the registered rights (including their enforcement, maintenance and exploitation), and the relationship between designs and copyright protection. It also considers other forms of protection for designs.
This unit has been designed tomeet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Designs (topic group I).

Outcomes

Students who have successfully completed this unit will:

  • demonstrate and apply knowledge, and understanding of the following with creativity and initiative to new situations in professional practice:
    1. the law relating to the registration of designs and the scope and enforcement of associated rights
    2. other legal regimes that offer protection for designs
    3. the international aspects for protection of designs
    4. the skills necessary to apply for registration, prosecute the application and maintain registration of a design;
      • investigate, analyse and synthesise complex information in relation registered designs protection in Australia and situations where a registered design and other intellectual property rights may co-exist in relation to the same subject matter;
      • conduct research in designs law based on knowledge of appropriate research principles and methods; and
      • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas relevant to the limitations of Australian designs protection and proposals for reform.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7258

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Consumer protection legislation is well established in Australia, but moves towards self-regulation in the private sector, and corporatisation and privatisation in the public sector have underlined the importance of establishing and monitoring corporate accountability and compliance with consumer protection obligations. This unit will examine state and federal legislative consumer protection mechanisms; the development, operation and monitoring of self-regulatory and industry-based mechanisms such as licence and contract conditions, Codes of Practice, Customer Charters and Standards; the role of industry regulators; dispute resolution regimes such as industry-based Ombudsman schemes; and compliance, enforcement and monitoring mechanisms. There will also be consideration of the influence of, and importance of achieving compliance with, global consumer protection obligations, together with specific issues raised by new information technologies.c

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the regulation of consumer protection in Australia with creativity and initiative to new situations in professional practice
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the consumer protection
  • conduct research in consumer protection law based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the regulation of consumer protection.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7260

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will examine the existing international law that promotes/protects human rights and freedoms of Indigenous peoples and locate this law within their culture and traditions, as well as within the international law context. The major international instruments that protect and promote the rights of Indigenous peoples will be evaluated. The United Nations Declaration on the Rights of Indigenous Peoples and work in other UN fora will be discussed. Australia forms the basis of case study. Includes focus on legal and community definitions of Indigenous peoples, understanding the right of self-determination, collective as opposed to individual rights, anti-discrimination, land and resource rights, civil and political participation, rights of identity, language and education.

Outcomes

On completion of this unit students will be able to:
Apply knowledge and understanding of recent developments in relation to recognition, protection and enforcement of Indigenous rights in context of international law and international fora, with creativity and initiative to new situations in professional practice and/or for further learning

Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the protection of Indigenous rights at international law.

Conduct research in Indigenous rights based on knowledge of appropriate international law research principles and methods.
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the rights of Indigenous peoples in international law.

Assessment

Seminar participation: 10%
Literature review (equivalent to 800 words): 10%
Research paper (6,000 words): 80%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7263

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to corporate law with creativity and initiative to new situations in professional practice and/or further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to corporate law and corporations and financial regulation;
  • conduct research in corporate law based on knowledge of appropriate principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to corporate law.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7276

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit examines key aspects of the Commonwealth tax system. It introduces taxation theory and policy and the constitutional and administrative framework within which the federal tax system operates. The unit examines: goods and services tax, income tax and deductions, capital gains tax, corporate and shareholder taxation, and the taxation of superannuation contributions and investments. The unit focuses on the practical application of the taxation law to common commercial transactions.

Outcomes

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

  1. understand the fundamental policies and concepts that underpin the Australian federal taxation system;
  2. understand the operation of a number of important taxation provisions and regimes;
  3. calculate income tax, goods and services tax and other tax liabilities;
  4. identify, research and synthesise legal and policy issues relating to taxation law;
  5. articulate key concepts concerning the operation of the tax system and evaluate these concepts within a theoretical and practical framework;
  6. appreciate the important role and impact of taxation law in structuring common commercial transactions;
  7. engage in critical analysis and make reasoned and appropriate choices concerning alternative tax outcomes of common commercial transactions;
  8. apply interpretive techniques to synthesize legal principles from judicial decisions and apply statutory interpretation principles to determine the meaning of complex taxation legislation;9) exercise advanced and integrated professional judgment to evaluate practical considerations arising under the taxation law; and
  9. communicate effectively and persuasively on aspects of taxation law.

Assessment

1. Class participation involving contribution to class discussion and answering questions on topics covered: 10%
2. Letter of advice on the operation of the tax law to a commercial transaction or research paper on the implications of a recent judicial decision on taxation law (2,250 words): 30%
3. Take home examination: practical problem question(s) dealing with the implications of the tax law to a variety of commercial transactions and/or research topic on a key tax case (4,500 words): 60%

Workload requirements

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

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7278

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit helps students develop a critical understanding of the principles of competition law by comparing and contrasting approaches taken towards this field in jurisdictions such as the United States, United Kingdom, European Union and/or Australia. Topics examined will include mergers, abuse of market power, anti-competitive agreements, vertical restraints and sanctions

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to Comparative Competition Law with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Comparative Competition Law
  • Conduct research in Comparative Competition Law based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Comparative Competition Law

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 4 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7279

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit analyses the contemporary employment and labour law issues relating to the modern workplace in the electronic era.

This unit covers the following topics:

  • The impact of the new electronic workplace on the nature of work and the traditional legal categories of worker, the burgeoning of consultants, 'homework' and flexible employment arrangements and their significance.
  • Use of social media sites, eg, 'facebook', and formal and informal internet sites for background checks in recruitment and discipline of employees.
  • Rights and responsibilities of employers and employees in a workplace transformed by new technology and electronic means and impact of the Fair Work Act 2009 (Cth) on right to flexible work and working from home.
  • Changed employment rights and duties in the new contractual arrangements, including redundancy, because of the introduction of new technology, and impact of modern awards and enterprise agreements.
  • Privacy legislation and its significance in the electronic workplace.
  • Employment practices and policy about emails and use of internet and the relevance of unfair dismissal laws and the Fair Work Act 2009 (Cth) in enforcing internet employment policy.
  • Electronic surveillance of employees and the workplace, including via social media sites, and rights and duties of employers and workers and the 'control' of employees' private lives.
  • Sexual harassment through the internet, the application of the Sex Discrimination Act 1984 (Cth) and the impact of the Equal Opportunity Act 2010 (Vic).
  • Occupational health and safety duties and rights in an electronic workplace.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to legal principles relevant to the modern workplace which has been affected by changes in information technology and electronic methods of communication, with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to rights and duties of employers and employees in the modern electronic workplace, including surveillance and privacy
  • Conduct research in law relating to the electronic workplace based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to contemporary employment and labour law issues pertaining to the workplace in the modern electronic era and to provide a forum for critiques of these issues.

Assessment

Class participation with written report (1,000 words): 15%
and
Take home exam (1,500 words): 20%
Research assignment (5,000 words): 65%
or
Research assignment (6,500 words): 85%
(instead of take home exam and assignment, where appropriate and with the prior approval of the lecturer).

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2015 (Evening)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7280

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of recent developments in relation to, cybercrime with creativity and initiative to new situations in professional practice
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to cybercrime
  • Conduct research into cybercrime based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to cybercrime

Assessment

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

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7286

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to International Criminal Justice with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to International Criminal Justice.
  • Conduct research in International Criminal Justice based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to International Criminal Justice.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 2 2015 (Evening)
City (Melbourne) Trimester 3 2015 (Evening)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7303

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will develop a deeper theoretical understanding of the essential role of advocacy in the adversary system. It will enable students to better appreciate the way in which cases evolve through the courts and how the factual and evidentiary foundation relates to the legal results. Students will better understand the nature of the skills which are required of advocates, their ethical obligations and the importance of the advocate's role in the courts' decision making process.

The theory covered and skills practised will include case analysis, written case theory, development of strategy, trial preparation and practice, presentation skills, ethics, evidence, legal argument, and communication skills in accordance with criteria established by the Australian Advocacy Institute.

This will be of benefit not only to students who are contemplating practice at the Bar, or as solicitor advocates, but also to those who will work in litigation and other dispute resolution.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to Advocacy and the adversarial system with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Advocacy and the adversarial system
  • Conduct research in Advocacy based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Advocacy and the adversarial system

Assessment

Written plans/articulation of case theory for workshop exercises (750 words): 10%
Written summary of argument (750 words): 10%
Compulsory class attendance and participation: pass/fail
Advocacy trial performance: 30%
Other set advocacy performance: 25%
Written reflective report (1875 words): 25%.

Workload requirements

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

Chief examiner(s)

Professor The Hon. George Hampel, QC Research ProfileResearch Profile (http://www.law.monash.edu.au/staff/ghampel.html)

Prerequisites

The unit is aimed at law graduates. Students with a non-Australian law degree will be required to demonstrate knowledge equivalent to:
LAW5080
LAW5001
LAW5012
LAW5013

Students can undertake the unit as a Master of Laws (Juris Doctor) unit, LLM elective unit or as a single unit enrolment.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7304

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of corporate and white collar crime with creativity and initiative to new situations in professional practice
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to corporate and white collar crime
  • Conduct research into corporate and white collar crime based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to corporate and white collar crime

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7306

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of recent developments in relation to corporate governance including the rights, powers and duties of directors, managers and auditors with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to corporate governance and directors' duties
  • Conduct research in corporate governance and directors' duties based on knowledge of appropriate research principle and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to current reform proposals; an awareness of law-and-economics perspective; and an introduction to comparative corporate law.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5011 or LAW5016 or LAW5017 (or equivalent)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2015 (Evening)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7310

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to the specific topics in contemporary issues in workplace law with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to current issues in workplace law and have a thorough understanding of the wider legal, economic, social, international and comparative dimensions associated with those topics
  • Conduct research in topics covered in Current Issues in Workplace Law based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Current Issues in Workplace Law

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7311

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Securing the protection and promotion of the human rights of women remains a challenge in the 21st century. Notwithstanding the significant advances in international human rights norms relating to women, systemic discrimination and inequality are part of everyday life for many women in the world. Many human rights abuses relate solely to, or impact more significantly on, women, such as, violence, human trafficking, and female genital mutilation. This unit examines the international human rights obligations and standards pertaining to women, including relevant international treaties, customary international law and the domestic means of implementing international norms. It covers the theoretical debates about securing the human rights of women, including debates about discrimination, equality and the public-private divide and examines the impact and challenges of cultural practices on the realisation of women's human rights

Outcomes

  • Apply knowledge and understanding of recent developments in relation to international human rights law and women with creativity and initiative to new situations in professional practice and for further learning with reference to available avenues for enforcing the human rights of women
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to securing the human rights of women
  • Conduct research in women's rights with reference to international human rights norms based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the international human rights system as it relates to the protecting and enforcing the rights of women

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5304
Please note that the prerequisite subject can be waived in consultation with the Chief Examiner. For example, the subject may be waived if the candidate has gained sufficient knowledge through prior learning or experience, or a clear willingness to do adequate reading in advance of this subject.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7312

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

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

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

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

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

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

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

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

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

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

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

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

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

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

  • Apply knowledge and understanding of recent developments in relation to advanced conflict resolution with creativity and initiative to new situations in professional practice and/or for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced conflict resolution.
  • Conduct research in advanced conflict resolution based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to advanced conflict resolution.

Assessment

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

Workload requirements

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

Prerequisites

LAW5344 Negotiation: Essential skills in dispute resolution. Applications may be accepted in exceptional circumstances from students who can demonstrate understanding of the concepts and skills covered in these courses (ie. the 7 Element theory of Principled Negotiation and its application to mediation).


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7313

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

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

  1. Conduct research into relevant domestic and international materials on contemporary understandings of different strategies and techniques that may be considered regulation along with their juridical nature.
  2. Apply knowledge of both the historical context of regulatory activities as well as current controversies in regulation with creativity and initiative to new situations in professional practice
  3. Investigate, analyse and synthesise complex information, problems, and concepts as well as a range of theoretical rationales in relation to regulation and to critically evaluate the veracity of such theories based on knowledge of appropriate concepts from law and sociology, and from political economy
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to regulation and public policy, including the nature of major regulatory institutions, the role of government in regulation, and regulatory development processes and its policy context.

Assessment

Assessment
Essay (2,250 words): 30%
Research Essay (4,500 words): 60%
Participation (throughout): 10%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7315

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides an introduction to the range of instruments which can be used by regulators to obtain compliance. While it mixes theory and practice, it is oriented towards the practical application of regulatory methods and examines their strengths and weaknesses, the empirical evidence as to their effectiveness and the dangers in their use. Topics covered will include: regulation and regulatory design; state regulations versus social regulation; taxonomies of regulatory methods; input versus output-based regulation; rewards and incentives; choosing the best methods; ordering methods; regulatory impact statements; trust, technology and information; and economic, market and private regulation.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the concept of regulatory design with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the taxonomies of regulation;

conduct research into the major techniques of regulation and the tools available to implement them based on knowledge of appropriate research principle and methods; and

  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to strengths and weaknesses of the regulatory techniques identified.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7317

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides a clear understanding of regulatory frameworks and processes, and the range of evaluation models and principles adopted when assessing regulation in a political economy. It also encompasses a wide range of relevant regulation cases and covers an advanced knowledge of evaluation techniques. Interdisciplinary perspectives include economic, policy and quantitative evaluation methods to assess regulatory outcomes.

Outcomes

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

  • Conduct research into relevant domestic and international materials on contemporary regulatory policy, regulatory regimes and regulatory performance issues.
  • Apply knowledge and understanding of a range of current controversies in regulatory performance with creativity and initiative to new situations in professional practice and within an appreciation of the broader political economy.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to regulatory regimes and to critically evaluate the effectiveness of different regulatory tools, and the effectiveness of regulatory mechanisms based on knowledge of a range of relevant evaluation frameworks, principles and approaches.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to regulation and what works in regulatory activities.

Assessment

Regulation case study (3,375 words): 45%
Research assignment (3,375 words): 45%
Class participation: 10%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7318

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This course provides an overview of economic, social and cultural (ESC) rights, both in international human rights law and in a comparative law. It will examine both the theoretical debates raised by the emergence of ESC rights, and the practical issues confronting monitoring bodies and advocates. The course is divided in three parts. First, it will explore the origins of ESC rights and how they have been approached by competing theories about the relationships between the State and the market. Second, it will discuss the status of ESC rights and corresponding State obligations. The right to adequate food shall serve as the main illustration, but other rights, such as the right to education and the right to housing, shall also be discussed. The existence of obligations across boundaries regarding ESC rights (eg duties owed by rich States to the people of poor States) will also be discussed. Third, it will examine the monitoring of ESC rights, both at national level and through regional or international courts of quasi-judicial bodies. Particular attention will be paid to the question of the justiciability of ESC rights, and to the various theories that have been forward to assess the content of the obligation of "progressive realization" of ESC rights, and the role of indicators and benchmarks in such an assessment.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of the theories, history, politics and practice of ESC rights as part of international human rights law;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the role of domestic courts and other national actors in monitoring ESC rights at the State level;
  • conduct research into the tools that regional organisations and the United Nations have developed to monitor ESC rights based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the role ESC rights play in the debates concerning the North-South divide and the duties of international development and cooperation of the rich States towards the poorer States.

Assessment

One or two presentations during the course (preparation of a case or of a doctrinal study, depending on numbers) and class participation: 20%
One essay (6,000 words): 80%

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5304
Please note that the prerequisite subject can be waived in consultation with the Chief Examiner (please contact sarah.joseph@monash.edu as the CE is an international visitor).
For example, the subject may be waived if the candidate has gained sufficient knowledge through prior learning or experience, or a clear willingness to do adequate reading in advance of this subject.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7320

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

There has been an intense preoccupation with the need to combat global terrorism since the attacks on the United States in 2001 and the subsequent 'war on terror'. This campaign is multi-faceted and includes police actions, military campaigns and the enactment of harsh anti-terrorism legislation across the world, including Australia, the US and the UK. Global measures have been taken by the United Nation, particularly the UN Security Council. These domestic and international laws, measures and policies have had profound impacts on the enjoyment of human rights, including ramifications for rights such as the right to be free from arbitrary detention, the right to privacy, the right to freedom of expression, the right to freedom from torture, and the right to life. Of course, the relevant laws and policies are often justified on the basis of the protection of human rights, such as one's right to be protected from terrorists. The appropriate balance between human rights and liberty on the one hand, and national security and protection from terrorism on the other, is therefore a focus of this course. The compatibility of those aspects of the" war" on terror involving armed conflict with international humanitarian law (the law of armed conflict) is also analysed.

Outcomes

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

  • apply knowledge and understanding of recent developments in relation to Terrorism and Human Rights with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Terrorism and Human Rights;
  • conduct research in Terrorism and Human Rights based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Terrorism and Human Rights.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7323

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

The Australia Market is considered, as are the major markets in the United States, Europe, and Asia. The important areas of international financial regulation and policy concerning infrastructure, including capital adequacy, clearance and settlement, foreign exchange and payment systems are also examined.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to international banking and finance law, regulation and practice with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international banking and finance law, regulation and practice
  • Conduct research in international banking and finance law and regulation based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international banking and finance law and regulation.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7324

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Since the oil shocks of the 1970s, Australian, regional and international energy markets have experienced significant economic and structural transformations. These changes have been accompanied by considerable legal and policy developments, reflecting escalating global energy demand, growing worldwide concerns over diminishing global supplies of traditional fossil fuel resources, cost and price fluctuations, security of energy supply and demand, environmental hazards of fossil fuel production and consumption (e.g., climate change, atmospheric, soil and water pollution and harm) and a variety of human rights matters issues (e.g., corporate responsibility and indigenous peoples' rights regarding natural resources). By way of background, this unit canvasses a broad range of domestic and international energy markets, the global importance of energy, key multidisciplinary aspects of energy markets such as price, cost, security of supply, environmental damage, and international and internal armed conflict. At the domestic level, this historical development of the national energy market (electricity and gas) and the policy decision making, governance arrangements and legislative and regulatory framework of the nascent Australian Energy Market. Various Australian energy sectors - electricity and gas - are examined in terms of relevant sources of energy law, constitutional constraints, governance and regulatory functions of key market institutions, together with legal obligations, responsibilities and/or participatory rights and benefits of key stakeholders in the Australian Energy Market (e.g., pipeline access arrangements, consumer protections). Against the many benefits of energy, the adverse environmental and social impacts of traditional energy production and consumption on the environment, in particular greenhouse gas emissions, are considered. Examples of domestic, supranational and international legislative, regulatory and policy responses to dealing with environmental harm - emissions trading, carbon taxes, fuel mix changes towards renewable energies and/or nuclear power are considered to illustrate these contemporary issues.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge and understanding of recent developments in relation to energy law, regulation and policy with creativity and initiative to new situations in professional practice and/or for further learning;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to energy law, regulation and policy;
  3. Conduct research in energy law, regulation and policy based on knowledge of appropriate research principles and methods; and
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to energy law, regulation and policy.

Assessment

Research paper (6,000 words): 80%
Class presentation on major research paper: 20%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7325

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the principal legal and policy instruments generally applied to the management of water resources in Australia with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to explain the legal aspects of water resources management at different scales, including current frameworks aimed at ensuring efficient allocation of water in Australia, whilst paying due attention to the technical and scientific context;
  • Conduct research into the institutional arrangements for water resource management in Australia, with a particular emphasis on the interaction between Federal/State and public/private arrangements based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the regulatory arrangements governing the management of water resources in Australia, including the inherent tensions and difficulties within these.

Assessment

Essay (1,500 words): 20%
Assignment (6,000 words): 80%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7326

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will examine the main features of WTO law. The topics that will be examined in the unit will include: the WTO in its historical and legal context; the WTO's institutional structure and decision making and negotiating processes; a number of the key WTO agreements in more detail; and the rules governing trade in goods and services in the WTO, in particular the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the General Agreement on Trade in Services (GATS), including national treatment, MFN treatment, tariff schedules, market access and key exceptions to the national treatment principle such as public morals, health and environment.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the history of the GATT and WTO and ongoing negotiations with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal framework of the WTO, including the relationship between the various agreements, the relationship between the WTO agreements, international and national laws, and the dispute settlement process;
  • Conduct research into certain key WTO agreements, including advocating a particular position in a given hypothetical, potential or past case based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to major WTO dispute settlement decisions regarding these WTO agreements, and be able to assess these decisions critically.

Assessment

Take-home examination (3,000 words): 40%
Research assignment (4,500 words): 60%.

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7327

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will examine topics such as the rights of the disabled at work, the rights of older workers, compulsory retirement age, flexible working practices, the right to return to work/part time work from maternity leave, sex, race and other types of discrimination at the workplace, right not to be sexually harassed at work, and the right to join, or not join, a trade union.This unit studies Federal and Victorian legislation which have brought into the workplace anti-discrimination rights issues explored by international human rights covenants and conventions. The unit investigates issues including whether human rights are inherent; the social, industrial and legal context of anti-discrimination law; the historical development of anti-discrimination statutes in the Federal and Victorian systems; the use of the external affairs Constitutional power; how well the legislation protects human rights in the workplace; values, culture, equal opportunity, anti-discrimination and affirmative action; the Victorian Charter of Human Rights and Responsibilities Act 2006 and Victorian and Federal law reform; and the impact of the Fair Work Act 2009 (Cth) on workplace discrimination and freedom of association.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to the law relating to anti-discrimination, equal opportunity and harassment in the workplace at federal level in Australia and an understanding of the theoretical and philosophical bases underpinning the legislation with creativity and initiative to new situations in professional practice and/or further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to discrimination law and human rights at work
  • Conduct research in discrimination law and human rights at work based on knowledge of appropriate research principle and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant the law of anti-discrimination and an ability to apply the law to workplace anti-discrimination problems.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7330

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit explores a range of controversial contemporary issues in relation to the rights of minority groups in order to enhance student's understanding of the way in which international law protects and promotes the human rights of vulnerable people. It will analyse the normative standards designed to ensure respect for the rights of religious, linguistic and sexual minorities as well as persons with disabilities. Students will critique the work on the UN in this field and consider whether reforms are necessary to better protect the rights of these four minority groups.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of international human rights law in relation to linguistic, religious and sexual minorities and persons with disabilities with creativity and initiative to new situations for further learning.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international, regional and local approaches to minority rights.
  • Critically evaluate the effectiveness of international human rights law in protecting and promoting the rights of linguistic, religious and sexual minorities and persons with disabilities.
  • Conduct research in relation to linguistic, religious and sexual minorities and persons with disabilities based on knowledge of appropriate research principle and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to linguistic, religious and sexual minorities and persons with disabilities.

Assessment

Research assignment (6,000 words): 80%
Research poster: 10%
Class participation: 10%

Workload requirements

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

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7332

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:
Apply knowledge and understanding of the different types of contracts used on construction projects and the pros and cons of each with creativity and initiative to new situations in professional practice;
Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to issues that impact on construction projects such as variations, land defects, delays and defective works and the legal ramifications of each;
Conduct research into the broad range of dispute avoidance and management options available and their relationship to judicial and arbitral processes based on knowledge of appropriate research principle and methods; and
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the various statutes and regulations governing the construction industry and issues relating to construction law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7333

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This course aims at providing an introduction to the Victorian Charter of Rights and Responsibilities through analysis of how bills of rights have been grafted into constitutional and administrative law in comparable overseas jurisdiction. This exercise is particularly significant to a Victorian context, given that the Victorian Charter has borrowed heavily from legal techniques developed in overseas jurisdictions for securing fundamental rights protection. The course therefore provides not only invaluable experience in the comparative method in the context of human rights law, but also important insight into the genesis of core principles of the Victorian Charter.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the following areas with creativity and initiative to new situations in professional practice;
    1. The content of and case law under the domestic bills of rights in Victoria;
    2. the technique of incorporation of the European Convention of Human Rights under the United Kingdom law Human Rights Act 1998 (UK) and its place in the United Kingdom Constitution;
    3. the human rights jurisdiction of the European Court of Justice in Luxembourg, and how it is applied under United Kingdom law; and
    4. the extent to which Australian and United Kingdom human rights law have come to diverge due to the influence of "Europe" on the latter.
      • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the implementation of bills of rights in Australia, with those of other countries, particularly the UK, New Zealand and Canada; Conduct research into comparative bills of rights based on knowledge of appropriate research principles and methods.
      • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Australian, United Kingdom, New Zealand and Canadian human rights law.

Assessment

Research paper (7,500 words): 100%
OR
Research paper (3,750 words): 50%
Take-home exam (3,750 words): 50%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7338

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The Fair Work Act 2009 (Cth) and related legislation which have enacted fundamental changes in federal labour law since the 'Work Choices' changes, will be critically examined. Topics include changes to industrial dispute resolution, enterprise bargaining and bargaining in good faith, enterprise agreements and individual arrangements, industrial action, new institutions and their roles, legislated National Employment Standards and modern awards and their enforcement, unfair dismissal, implications for employers and for unions, including right of workplace entry, and the coverage of the national system.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of the federal system of regulation in the Fair Work Act 2009 (Cth) with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to modern awards and legislated standards, bargaining, bargaining in good faith, dispute resolution and enterprise agreements, the role of individual agreements, and unfair dismissal laws
  • Conduct research in federal labour regulation based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to federal labour regulation.

Assessment

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

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7339

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

The objectives of the unit are to

  • Apply knowledge and understanding issues in international commercial arbitration, including the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies and different procedural models, with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information and problems, in relation to international commercial arbitration, the emerging challenges thrown up by certain types of commercial disputes, particularly contractual and investment disputes, the latter involving States as parties and which also involve Investment Treaties;

Conduct research in international commercial arbitration based on knowledge of appropriate research principles and methods; and

Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international commercial arbitration.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words) OR participation in a graded moot simulation (including preparation of a written memorial): 50%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7341

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

On completion of this unit students will be able to:

  • Apply knowledge and understanding of international criminal practice and procedure with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international criminal practice and procedure and to critically evaluate the effectiveness of this law;
  • Conduct research into relevant materials on international criminal practice and procedure based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international criminal practice and procedure.

Outcomes

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

Assessment

Take-home exam (3,750 words): 50%
Practical exercise requiring preparation and application of knowledge to a realistic case scenario - written paper (3,000 words): 40%
In-class presentation: 10%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7343

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit first examines the prohibition on the use of force in international law and the exception of self-defence, including whether pre-emptive self-defence is lawful. It then considers the second exception, collective action authorised by the UN Security Council, the use of force by UN peacekeepers, and action by "coalitions of the willing". The unit analyses the right of a State to intervene in another State's civil war, the legality of humanitarian intervention, and the meaning and effect of the emerging doctrine of the responsibility to protect. Through study of the major international cases on the use of force, and the continuing disagreements among scholars, the unit reveals the complexities of these apparently simple rules.

Outcomes

  1. ) Apply knowledge and understanding of the rule prohibiting the use of force under the UN Charter and customary international law and the exceptions to this rule with creativity and initiative to new situations in professional practice or for further learning;
  2. ) Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the international law governing the use of force by States;
  3. ) Conduct research into the international law governing the use of force by States based on knowledge of appropriate research principle and methods; and
  4. ) Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the international law governing the use of force by States.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7344

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit explores contemporary thinking, regulation, and practice surrounding the connected areas of corporate governance, responsibility, and sustainability in Australia and comparable corporate regulatory systems worldwide, with particular emphasis upon corporate regulatory systems in Anglo-Commonwealth countries, the EU, and North America. Major topics covered include: major theories and issues of corporate responsibility and governance, recent transnational corporate governance reforms across foreign jurisdictions of relevance in Australia, related corporate social responsibility developments (including business and human rights), and corporate governance in the Australian public sector (including state business interactions, government business enterprises, and frameworks for public sector governance). As the unit exposes students to a variety of comparative, international, and cross-disciplinary ideas and material, it is suitable for students interested in comparative corporate governance from a range of national, academic, and work-related backgrounds, including students who are interested in exploring corporate governance law and regulation as it relates to both the public sector and the private sector.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge and understanding of theoretical debates, models, and concepts that underpin policy, regulation, and practice of corporate governance, responsibility, and sustainability with creativity and initiative to new situations for further learning
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to comparative corporate regulatory systems
  3. Conduct research in comparative corporate regulatory systems based on knowledge of appropriate research principle and methods
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to comparative corporate regulatory systems

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7347

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit deals with procurement law for both the public and private sector. The unit explores all procurement activities including sustainment contracts, service contracts and acquisition contracts. The unit begins with a critical analysis of the governance framework for procurement including legislative requirements, performance objectives and social objectives. The unit explores how various procurement options deal with risk including alliances, PPPs, partnering charters and early contractor involvement. Included is an overview of relational contracting theory and practice and how tender selection processes are best managed.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to the governance framework for procurement regarding major government and private projects, major causes of procurement risk, financing options and accountability and auditing functions with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to procurement law for public and private sectors.
  • Conduct research in areas of procurement law based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to procurement law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7416

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

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

  • Apply knowledge and understanding of recent developments in relation to international human rights law and development with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international human rights law and development;
  • Conduct research in international human rights law and development based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international human rights law and development.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5304
Please note that the prerequisite subject can be waived in consultation with the Chief Examiner.
For example, the subject may be waived if the candidate has gained sufficient knowledge through prior learning or experience, or a clear willingness to do adequate reading in advance of this subject.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7418

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to human rights issues as they arise in a legal dispute with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to relevant human rights jurisprudence from comparable domestic legal system such as the United States, Canada, New Zealand and the UK to apply in the Australian context
  • Conduct research in the operation of human rights law in a practical setting based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to human rights law

Assessment

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

Workload requirements

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

Prerequisites

LAW5007 - Principles of constitutional law
LAW5014 - Principles of administrative law


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7420

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

A student who completes this unit should:

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

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7425

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines the human rights implications of principles and practices of international refugee protection. It examines the evolution of the international regime for refugee protection and compares application of key concepts and practices of refugee protection, amongst receiving states, including the EU. . It examines the human rights implications of asylum and non-refoulement, the refugee definition, and its elements. It analyses regional responses to refugee crises.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of issues and recent developments in relation to international refugee law and responses to refugee crises with creativity and initiative for further learning and understanding
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the principles of refugee protection, in the context of comparative human rights protection
  • conduct research in International Refugee Law based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international refugee law.

Assessment

Research paper (5,250 words): 70% AND
Take-home examination (2,250 words): 30%
OR Research paper (7,500 words): 100%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)

Notes

For Malaysia Law discontinuation dates, please see http://www.law.monash.edu/current-students/study-opportunities/overseas-study/malaysia/units/index.html
Previously coded as LAW7427

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit studies the international legal framework for international investments. It provides an understanding of the development of the law, and the economic, political and institutional factors that have shaped the law to its current state. The various sources of law, particularly Public International Law, Bilateral Investment Treaties (BITs), and regional agreements, are examined. The interrelation between these sources of law, and between international and domestic law, as apply to foreign investments, are considered. The core legal principles and norms that apply to international Investments, such as Expropriation, National Treatment, and Fair and Equitable Treatment, are examined, as are investor - State relations and international investment arbitration.

Outcomes

On completion of this unit students will be able to:
Apply knowledge and understanding of recent developments in relation to international investment law with creativity and initiative to new situations in professional practice and/or for further learning
Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international investment law
Conduct research in international investment law based on knowledge of appropriate research principles and methods
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international investment law.

Assessment

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

Workload requirements

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

Chief examiner(s)

Associate Professor Normann Witzleb Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=13449&pid=4408) Malaysia Term 3
Dr Emmanuel Laryea Research ProfileResearch Profile (http://www.monash.edu.au/research/people/profiles/profile.html?sid=3575&pid=3458) City Trimester 3


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 1 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7430

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit introduces postgraduate students to the legal principles that underpin how companies and other institutions borrow money or otherwise access credit facilities. It will deal with the statutory law regulating the finance markets in Australia, as well as applicable common law and equitable principles, and will include some consideration of comparative dimensions of corporate debt finance law. Topics covered will include: considerations to be taken into account in relation to companies borrowing (including considerations to be taken into account before incurring debt and the obligations of directors); the principles of security, both traditional and under the Personal Property Securities Act; how related companies guarantee or otherwise support each other and the legal issues arising in relation to guarantees and other forms of support; different forms of credit, including syndicated lending and project finance; debt capital markets; securitisation; derivatives and credit default arrangements; key features of corporate insolvency; and the rules of set off and netting.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to corporate finance law with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to corporate finance law.
  • Conduct research in corporate finance law based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to corporate finance law.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5002 and LAW5005 or the equivalent as approved by the Chief Examiner

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7431

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will address a range of human rights that arise in the context of contemporary health law, including:

  • Examination of Article 12 of the International Covenant on Economic, Social and Cultural Rights and in particular General Comment No 14, 'The Right to the Highest Attainable Standard of Health;
  • Analysis of the role of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health;
  • Scrutiny of the impact and potential impact upon health service provision of the Charter of Human Rights and Responsibilities Act 2005 (Vic);
  • Scrutiny of the human rights role of modern public health law;
  • Examination of the human rights repercussions of the distinctions for different purposes in law, medicine and ethics between life and death;
  • Analysis of the role of the living and dead body in contemporary Australia, identifying important human rights decisions in relation to the status of body parts, blood, and trafficking in potentially valuable tissues, amongst other things relevant to post-mortem reproduction;
  • Identification of contemporary controversies internationally about rights to have life support turned off and food and water withheld in the context of persistent vegetative states and other like conditions;
  • Review of the law in relation to euthanasia, both active and passive, comparing Australia's Northern Territory initiative with the Medical Treatment (Physician Assisted Dying) Bill 2008 (Vic), as well as changes to physician-assisted suicide in The Netherlands, Belgium, Switzerland and Oregon;
  • Review of the role of the coroner in contemporary Australia as an investigator of death, including the rights of next of kin to object to exhumations and autopsies and to assert an entitlement to the convening of inquests;
  • Identification of major controversies arising from the Patel and Shipman scandals and questions the effectiveness of the coroner as a public health official;
  • Review of the complex rights of patients and medical staff in relation to wrongful birth, wrongful life and wrongful death actions;
  • Examination of litigants' health rights in relation to the provision of sound quality and adequately resourced treatment; and
  • Exploration of the contemporary role of the viatical industry in protecting or exploiting the rights of persons with terminal illnesses.

Outcomes

  1. Understanding of international and local human rights framework for provision of contemporary health services in Australia.
  2. Awareness of human rights issues in relation to provision of treatment and entitlement to treatment.
  3. Awareness of law in relation to health privacy and critical incident review committee workings.
  4. Understanding of distinctions in relation to human rights issues between life and death.
  5. Understanding of the concept and repercussions of the body as property, in a variety of rights contexts including burial, cremation, organ donation and post-mortem reproduction.
  6. Sophisticated understanding of the relevance to the law of human rights in relation to the turning off of life support and physician-assisted suicide and euthanasia.
  7. Understanding of the law of no further resuscitation.
  8. Awareness of the role of the coroner as a decision-maker in relation to rights to autopsy, exhumation; inquests and decision-making about causes of death.
  9. Understanding of rights issues in coronial practices, findings, and recommendations.
  10. Acquaintance with the viatical industry.
  11. Understanding of rights issues in wrongful life, wrongful birth and wrongful death actions.

Assessment

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

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

"For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7432

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will offer experienced family and child protection lawyers, family dispute resolution practitioners, child protection workers, policy makers and those interested in dispute resolution a grasp of the principles of the innovative field of non-adversarial justice and a comprehensive framework for analysing the appropriateness and integrity of existing non-adversarial practices in family and child protection law. It will assist students to position themselves at the forefront of law reform through sharpening their policy analysis skills and providing them with a structure for predicting the future development of practices in the family law and child protection fields.
This unit will examine and critically assess the range of non-adversarial practices which are central to Australian and international family law systems. It focuses primarily on the federal Australian family law system and state-based child protection systems. The unit approaches the study of family and child protection law by focusing on forms of conflict management, dispute prevention and dispute resolution employed in those fields. In particular the subject will explore the more recent developments in family dispute resolution processes in Australia and overseas. These practices will be examined from the perspective of 'non-adversarial justice', a cutting edge framework developed to explore the common themes and links between disparate practices developed in reaction to the adversarial system in a variety of settings within the justice system.

Outcomes

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

  • Apply knowledge and understanding of recent developments in relation to non-adversarial justice and the family law and child protection systems with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to non-adversarial processes in family and child protection law
  • Conduct research in non-adversarial family and children's law based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to non-adversarial family and children's law including making recommendations for change or law reform.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (On-campus split block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7433

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit is intended to provide sufficient knowledge about patent law, and intellectual property in general, for non-lawyers who seek involvement in the commercialisation of research. The unit will consider the essential requirements for identifying and protecting research outcomes in the form of patentable inventions that are to be exploited commercially. The unit is directed particularly to those who work with researchers in a university or other collaborative research intensive environment to design a project for commercialising an aspect of their research.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to the protection and commercialisation of patentable inventions with creativity and initiative to new situations, especially those that arise in universities or other research intensive environments;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories that arise in connection with patenting and commercializing inventions;
  • Conduct research on contemporary patent law issues arising in connection with commercializing research based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to patenting inventions for commercialization.

Assessment

Two take-home research assignments (1500 words each): 20% each
One take-home problem-based assignment (4500 words): 60%

Workload requirements

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

Chief examiner(s)

Prohibitions

LAW5321 Patents for inventions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7434

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Climate change is one of the most significant and important global issues and requires international, regional and domestic responses. A central aspect of this
dilemma is the inter-relationship between rising levels of fossil fuel consumption and greenhouse gas emissions. Understanding the complexities of this issue
and developing appropriate responses is fundamental to achieving a sustainable future for all members of the international community. This necessitates consideration of the progress and operative effect of Climate Change Law at various levels: international, regional and domestic. Accordingly, the emergence of international climate change law and the impact of fundamental international agreements such as the UN Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol will be examined, together with a range of regional and domestic policy, legislative and regulatory developments in the European Union and Australia. In the Australian context, Federal and State based aspects of climate change policy, law and regulation will be scrutinised across a backdrop of various sectors including energy, transport, building, and planning and resource management. In addition to the constitutional implications of Climate Change Law in Australia, climate change litigation will also be considered.

Given that a central aspect of the global climate change dilemma is the inter-relationship between rising levels of fossil fuel consumption and greenhouse gas emissions, energy markets will be used as the primary case study in this unit. Recent legislative developments and environmental regulation of energy markets will be examined within the broader concepts of renewable energies, demand management, sustainable development and accountability. Key responses to climate change will be discussed from the supply/demand and voluntary/mandatory obligations perspectives. Various market and non-market mechanisms will be canvassed including renewable energy targets, emission trading systems, carbon taxes, feed-in tariffs and new technologies. While particular emphasis will be on the role of the Australian Energy Market and key market institutions such as the Australian Energy Regulator, a comparative analysis will be made of climate change policy, legislative and regulatory frameworks operating in energy markets of the United Kingdom and the European Union.

Outcomes

Understand the nature of climate change and its economic and legal importance, both domestically, regionally and globally:

  1. understand threshold questions and issues involved in international dimensions of climate change law, regulation and policy
  2. appreciate the political and legislative developments behind the emergence of International, Supranational and Australian climate change law, policy and regulation and the development of environmental markets
  3. identify key International, Supranational and Australian bodies/institutions operating in the context of climate change and understand their functions and responsibilities
  4. appreciate the impact of political and legislative climate change law developments on International, Supranational and Australian energy markets
  5. identify and discuss the impact of climate change law on various sectors of Australian economy, with particular emphasis on competition policy and constitutional competencies of State and Federal Governments; and the key legislation and regulatory regime of the Australian Energy Market
  6. identify and discuss the policy, legal and regulatory response to climate change, including environmental regulation of energy markets, renewable energies, greenhouse gas emissions sources, emissions trading systems, carbon taxes, feed-in tariffs, end-user participation and demand side management
  7. understand broader climate change policy and legal issues such as diminishing supply of fossil fuels and security of supply.

Assessment

Research assignment (6,000 words): 80%
Class presentation: 20%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7435

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will examine the international concept and basis of collective bargaining including through international law, International Labor Organization conventions and their interpretation; the adoption of international standards and their concept in Australian labour law and the role of the courts, industrial tribunals and the legislature in developing the right to bargain and collective bargaining; the right to strike and the right to lockout in the context of negotiating collective agreements and their international basis; the limits on industrial action in collective bargaining; and when protected industrial action ballots (compulsory strike ballots) might be sought and ordered and the powers of the Fair Work Commission and the courts in relation to strike action.
The unit will also study the role of bargaining agents; the duty to bargain and the concept of good faith bargaining; the legal status of collective agreements and parties to agreements; the protection of labour standards in agreements via statute and the industrial tribunal; and legal issues about the role, content, termination and enforcement of agreements. The role of unions and employers in bargaining will be examined.
The Fair Work Act 2009 (Cth) and related legislation, and recent amendments to federal labour law, together with court and tribunal decisions which interpret the laws and their operation, will be evaluated in relation to workplace bargaining and enterprise agreements, together with the use of individual flexibility arrangements and common law contracts.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to the impact of laws which promote or restrict bargaining, with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the right to bargain and the right to strike and lockout in the context of enterprise bargaining
  • Conduct research in the law of workplace bargaining and enterprise agreements based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Workplace Bargaining and Agreements Law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7438

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit is designed to critically examine the phenomenon of globalization, and the related changes currently underway in contemporary international economic law. A particular focus of the unit is on the role of international economic law institutions, such as the WTO, IMF and World Bank, as they grapple with the many new issues which globalization has thrust onto their agendas. How is globalization changing the nature of international law, international society and global governance? In this unit, students will undertake a multidisciplinary examination of the phenomenon of globalization and the associated transformation underway in contemporary international economic law. Students will employ tools and perspectives from a variety of the disciplines which have been used to examine globalization, such as economics, political theory, moral philosophy and sociology.Students will use these tools to consider issues such as the changing nature of international and global society (and what, if any, is the difference between the two); pressure on traditional concepts of boundaries, citizenship and nationality; the problem of inequality in the global distribution of resources; challenges to sovereignty and emerging forms of global governance; and how existing and new international institutions can better manage this emerging global social policy agenda.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the phenomenon of globalization and the associated transformation underway in contemporary international economic law; principal theoretical perspectives; and the application of these perspectives to selected issues in globalization studies and the operation of international economic law institutions with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to globalization and international economic law.
  • Conduct research in the empirical and legal bases of issues in globalization studies and the operation of international economic law institutions based on knowledge of appropriate research principle and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to globalization and international economic law.

Assessment

Class participation: 10%
Short essay (1,500 words): 20%
Research assignment: (5,250 words): 70%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7441

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will focus on the law of managing workforce behaviour which relates to aspects of the individual employment relationship, under the contract of employment, legislative regimes, negotiated agreements and employment practice and policy. Questions of how far employers can control the behaviour of employees at the workplace and in their private lives and what legal controls, limits and freedoms are available to employers, employees and fellow employees will be addressed. Topics covered will focus on issues such as discipline at work in both private and public sectors (include public sector employment codes and legislation; and demotion etc as part of private sector discipline); workplace bullying and sexual harassment and legal processes and procedures for dealing with same via legislation, policy, contract; individual grievances at work and dispute resolution in the workplace; employee disobedience to employer orders, remedies and dismissal; absenteeism; management of injured workers or those who are long term absentees; performance management; drug and alcohol testing; criminal conviction - recruitment and performance management issues; and recruitment - privacy, discrimination, medial and psychological testing.

Outcomes

On completion of the units students will be able to:

  • Apply knowledge and understanding of the applicable law and practice relating to conduct and behavior in the workplace with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the regulatory regimes which provide avenues for redress and setting boundaries for behavior within the workplace;
  • Conduct research into the role and legal status of internal discipline procedures and processes within the workplace, both private and public sectors, for human resource management based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to law of workforce management.

Assessment

Take-home examination (3,000 words): 40%
Class participation: 10%
Research Assignment (3,750 words): 50%
In appropriate cases determined by the lecturer where a student has experience in the practice of workplace relations and employment law assessment may be one research assignment (6,750 words) for 90% of the marks plus class participation 10%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 1 2015 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7442

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides an overview of the key relevant legal principles and practice of banking. It primarily addresses the regulation of banks and other deposit-taking institutions and their relationship with their customers. It covers law, policy and regulation of banking, lending and payments services. It will be taught on a comparative basis, looking at how these institutions are regulated in Australia and comparing this to the position in key banking centres overseas (in particular US, EU and UK positions). Key topics to be covered will include an overview of banking, the theoretical basis for regulation and supervision of banking, the history of and constitutional basis for Australian regulation, prudential supervision of banks, licensing of banks and other financial services firms, comparative banking regulation (focusing on the position in the US, UK and EU), systemic issues and crisis management, practical and legal risks posed by payment systems, Australian payment system regulation, current policy issues with banking and payment systems, banker/customer relationship (including confidentiality), law and policy issues with lending and security, and regulation of credit and credit providers.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to banking law with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to banking law;
  • Conduct research in banking law based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to banking law.

Assessment

Class participation - oral and written presentation (1,500 words): 20%
Research assignment (6,000 words): 80%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7443

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Arbitration raises many significant issues and challenges, including how private parties are able to agree to resolve disputes in this way and how such agreements are to be respected by court institutions. The unit covers significant current issues in domestic arbitration scholarship and practice. Topics covered include: a conceptual analysis of the nature of domestic arbitration, its sources of law and the ways in which it is integrated with the court system; its advantages and disadvantages as compared to other methodologies, particularly domestic litigation;
the way arbitrations are best conducted within the domestic legislative model; the appointment of the Tribunal; challenges to arbitrators; issues of evidence and procedural discretions; the elements of the Award; and court supervision and enforcement.
The unit involves looking at some of the key issues in particular types of commercial disputes. Attention is given to the core fields of contractual and construction disputes.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge and understanding of the procedural model under the Commercial Arbitration Act with creativity and initiative to new situations in professional practice and/or for further learning;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the advantages and disadvantages of arbitration compared to other dispute resolution methodologies, particularly domestic commercial litigation;
  3. Conduct research into domestic commercial arbitration, and emerging challenges thrown up by certain types of commercial disputes, particularly contractual and construction disputes, based on knowledge of appropriate research principals and methods; and
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to domestic commercial arbitration, including the relationship between party autonomy and court supervision in relation to arbitration.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50% or
Participation in a graded moot simulation (including preparation of a written memorial): 50%

In appropriate cases determined by the lecturer, assessment may be one research assignment (7,500 words) for 100% of the marks.

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7444

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will consider economic concepts relevant to understanding the regulation of markets. Micro-economic theory will be used to highlight the impact of market failures, including market power, information imperfections, externalities and public goods. Practical tools for evaluating regulation, including the structure, conduct and performance framework and cost-benefit analysis will also be covered.

The unit will examine structure and pricing regulation, the regulation of information provision and the use of market instruments in regulation affecting the environment. It will consider both economic and social regulation, including that relating to the fairness of market transactions. The economic basis for regulatory reform initiatives will also be considered.

Practical applications of the economic concepts presented will be considered through out the course with the use of specific industry and regulatory case examples.

Outcomes

  1. ) Apply knowledge and understanding the economic rationales for regulation and for the use of economic instruments of regulation with creativity and initiative to new situations in professional practice;
  2. ) Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the effectiveness and efficiency of regulation;
  3. ) Conduct research into the ways in which the performance of regulation can be improved based on knowledge of appropriate research principle and methods; and
  4. ) Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the economics of regulation.

Assessment

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

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7445

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines important issues in consumer policy analysis and recent developments in a number of specific areas of consumer policy regulation. An economic focus, including mainstream and behavioural economic considerations, will underpin the approach taken in the unit. A framework for consumer policy will be developed, including examination of rationales for market intervention and the instruments for intervention. Consideration will be given to notions of consumer detriment and its measurement, since this is an important consideration in market intervention. The links between consumer policy and competition policy will be explored. The unit will also consider approaches to market monitoring and the development of integrated compliance strategies. Institutional arrangements can have a significant impact on the operation of consumer policy and these will also be examined. Concepts considered in the early part of the unit will be applied in a number of areas subject to recent regulatory change.

Outcomes

On completion of this unit students will:
6. understand the main elements of the consumer policy framework in Australia and other economies
7. understand the economic basis for consumer policy and for different market interventions
8. understand key concepts important in the operation of consumer policy
9. understand the rationales and likely impact of recent reforms in specific consumer policy areas
10. be able to apply economic thinking to other areas of consumer policy.

Assessment

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

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7449

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit studies international law and some aspects of comparative law in the field of collective and individual labour and employment relations. The unit will examine the major sources of international law, namely the international labour conventions and recommendations elaborated by the International Labour Organization (ILO) Conference, and relevant doctrine of the ILO supervisory bodies, such as the Committee of Experts on the Application of Conventions and Recommendations and the Committee on Freedom of Association.The units also examines the direction of European Community law, what can be learnt from its approach and some challenges to international labour law including globalisation. Examples will be given from other countries including Asia, United Kingdom and Australia.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the sources of international law in the labour and employment area, particular the role of the ILO with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the role of the international supervisory bodies in labour law, particularly the Committee of Experts on the Application of Conventions and Recommendations and the Committee on Freedom of Association;
  • Conduct research into labour law of the European Union and its direction based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international labour law and the influence of the international bodies in labour law reform.

Assessment

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

With the approval of the lecturer and the LLM convenor, a student may undertake an assignment of 7500 words for 100 per cent of the marks.

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7450

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This course is designed to provide an understanding of the rules, principles and policies underlying secured transactions in personal property security law. This body of law is of fundamental importance to commercial lawyers. It involves a detailed study of the Personal Property Security Act 2009 (Cth) and comparison with the New Zealand and Saskatchewan legislation.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the nature and function of security, with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the history and policy of the personal property securities legislation and the scope of the Act and the policy and function of registration;
  • Conduct research into security agreements and the central concepts of the security interest, attachment and perfection based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to priority disputes, and default and enforcement and restrictions on remedies.

Assessment

Class participation (10%)
One research assignment (6750 words): 90% or
One take-home examination (6,750 words): 90%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7451

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit is designed to provide an overview of the international legal regime relating to the protection of trade marks and the regulation of the processes of their registration and use. In addition, it will provide an insight into selected aspects of trade mark law in the major jurisdictions of the United States of America and the European Union.

The overview of the international legal regime will address topics such as the requirements of TRIPS for protection of trade marks.. It may also cover issues generated by regulatory processes for registration that have been widely adopted throughout the world, including those enabling one-stop registrations on an international or regional basis.

The part of the unit dealing with the trade mark regimes of the United States of America and the European Union will cover issues such as requirements for registrability of trade marks, restrictions on registrability and the scope of rights of trade mark owners. The examination of rights will consider the various types of potential trade mark infringement, including consideration of dilution of certain trade marks and defences to infringement claims. The comparisons and contrasts between the two trade mark systems will be examined.

Outcomes

  1. ) To provide an overview of the international legal regime relating to the protection of trade marks.
  2. ) To provide an overview of the international legal regime relating to the registration and protection of trade marks.
  3. ) To provide an understanding of selected and key aspects of the trade mark protection regime in the United States of America.
  4. ) To provide an understanding of selected and key aspects of the trade mark protection regime in the European Union, both at the national and CTM level.
  5. ) To compare and contrast the trade mark protection regimes in the United States of America and the European Union.

Assessment

Assignment (2,250 words): 30%
Take-home exam (5,250 words): 70%
OR
Take-home exam (7,500 words): 100%
(with approval from the Chief Examiner of the unit)

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

This unit will analyse the issue of the legal protection of business research and development in the context of different areas of law - workplace, competition, corporate and, intellectual property laws. It will explore the impact of each area on this issue and pose the question whether a more harmonised approach might be reached than otherwise occurs where the issue is explored from the viewpoint of one discipline only. Approaches of the common law and civil jurisdictions, particularly the EU, will be used to inform and provide guidance to the analysis of emerging issues in this field.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to business innovation and research from the perspectives of labour, competition, corporate and intellectual property laws, with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to business innovation law.
  • Conduct research in innovation from varied perspectives - labour, competition, corporate and intellectual property laws - based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to innovation from the perspectives of the various legal disciplines of labour, competition, corporate and intellectual property laws.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The International Covenant on Civil and Political Rights is the key global human rights treaty which addresses civil and political rights. It is the key treaty for the purposes of the operation and interpretation of existing human rights legislation in Australia in Victoria (the Charter of Human Rights and Responsibilities), the ACT (The Human Rights Act), and at the federal level (the Human Rights and Equal Opportunity Commission Act). It is also a key treaty for the purposes of the operation of the interpretative principle under which judges should interpret statutes, where possible, in light of Australia's human rights obligations.

The unit will cover all elements of the ICCPR, including general principles (eg. brief history, the role of the UN Human Rights Committee, the impact of cultural relativism, positive and negative obligations, obligations of conduct and obligations of result), and admissibility criteria under the Optional Protocol (eg. requirements regarding subject matter jurisdiction, personal jurisdiction, and territorial jurisdiction; the rule regarding the exhaustion of domestic remedies). The case law and other jurisprudence with regard to key civil and political rights will then be analysed (eg freedom of expression, the right to privacy, the right to life, the right to liberty and security of the person, the right to a fair trial, freedom from discrimination, as well as rights regarding immigration and Indigenous peoples.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to the International Covenant on Civil and Political Rights with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the International Covenant on Civil and Political Rights;
  • Conduct research in the International Covenant on Civil and Political Rights based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the International Covenant on Civil and Political Rights.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%
OR
Research assignment (7500 words): 100%
(subject to the approval of the Chief Examiner)

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

Synopsis

The purpose of this unit is to provide students with an understanding of the basic legal and policy issues involved in the international criminalization of genocide. It will review the origins of the Genocide Convention, and discuss the evolving interpretation of the definition bearing in mind its relationship to the cognate concept of crimes against humanity. The use of the term genocide as a political rather than a legal characterization will be considered. By the end of the course, students should have a good general familiarity with the major legal texts concerning genocide and the relevant case law of international and national courts and tribunals. Specific issues to be considered will include the protected groups, the mental and physical elements, direct and public incitement to commit genocide and the phenomenon of genocide denial.

Outcomes

  1. To understand the legal norms concerning the prohibition, the prevention and the punishment of the crime of genocide.
  2. To consider the relationship between genocide and the cognate concept of crimes against humanity.
  3. To consider specific issues associated with the prevention and punishment of genocide, including the question of incitement to genocide and denial of genocide.
  4. To learn the basic features of the relevant case law concerning genocide, as developed by the International Court of Justice, the International Criminal Court, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and the European Court of Human Rights, as well as that of leading national courts and tribunals.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Evening)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will build upon the study of Torts in the undergraduate and JD programs and explore a range of controversial contemporary issues in relation to tortious liability. It will enhance student's understanding of the mechanisms through which torts law addresses civil wrongs. It will analyse the social, economical 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 and student interest in a given year. They are likely to include some or all of the following:

  1. The Ipp reforms and the role of statute
  2. Developments in liability for psychiatric harm
  3. Liability for infliction of mental distress
  4. Privacy law reform
  5. Changes to the concept of causation in tort
  6. Loss of chance
  7. Wrongful birth and wrongful life
  8. Immunities
  9. Torts and human rights.

Outcomes

On completion of this unit students should be able to:

  1. Demonstrate and apply specialised knowledge of a range of current controversies in torts law;
  2. demonstrate advanced skills in interpreting civil liability legislation, tort law cases, academic commentary and law reform materials and applying them to evaluate complex and novel tort law issues;
  3. critically evaluate the effectiveness of torts law in redressing civil wrongs having regard to the social, economic and political context in which tort law operates;
  4. conduct independent research into relevant domestic and international materials on contemporary torts law issues; and
  5. write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of contemporary torts issues.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5003 Principles of torts (or equivalent)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will examine important remedial issues in commercial disputes and how they can be effectively resolved. It bridges the divide between remedies law, civil procedure and dispute resolution. Issues addressed include pre-emptive remedies, enforcement of bargains, damages for economic loss under common law and statute, the resolution of disputes in commercial partnerships and modern strategies for dispute resolution.

Outcomes

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

  • Apply knowledge and understanding of recent developments in, the law of remedies in commercial disputes with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to remedies in commercial disputes;
  • Conduct research in the law of remedies in commercial disputes, based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to remedies in commercial disputes.

Assessment

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

Workload requirements

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

Prerequisites

Co-requisites

LAW5013 Principles of litigation and dispute resolution.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)
City (Melbourne) Term 4 2015 (Day)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides students with an understanding of the fundamental principles and concepts in family law and the policies underlying them. It commences with an examination of what is meant by 'family' and the challenges facing family law with the increase in diverse family forms. Included in this discussion are contemporary issues relating the advances in medical technology and the identification of parentage.

Once an understanding of what constitutes 'family' is established, the practice and process of family law including the non-adversarial procedures which have been established to encourage parties to resolve their disputes without the necessity of resorting to litigation are considered. The efficacy and relevance of financial agreements, child support agreements and consent orders are also discussed.

The unit then examine the basic principles relating to the division of property following the relationship breakdown of married couples and de facto couples including same-sex couples. The discussion of the financial aspects on relationship breakdown includes what constitutes property and financial resources as well the approach to the division of superannuation entitlements. The approach of the court to the division and alteration of property interests between the parties and the factors that are taken into account in reaching an outcome are central to this discussion.

The unit also delves into the dynamic and volatile area of disputes surrounding parenting arrangements. Legislation and case law for determining the pathway to suitable parenting arrangements which are in the interests of children are examined. Non-adversarial procedures and parenting plans also form part of the discussion. Criticism of the recent reforms relating to parenting arrangements and potential changes to the legislation are discussed. Issues relating to child support are also briefly dealt with.

Outcomes

On completion of this unit students will have:

  1. acquired an understanding of the fundamental policies underlying the Australian family law system
  2. acquired an understanding of the current challenges and debates surrounding Australian family law
  3. acquired an understanding of the essential concepts of Australian family law
  4. developed a thorough familiarity with the essential provisions of the relevant family law legislation
  5. developed an understanding and be able to analyse and critically comment on a basic property dispute on the breakdown of marriage or a de facto relationship
  6. developed an understanding and be able to analyse and critically comment on a dispute involving parenting arrangements
  7. further developed skills in research, writing, statutory interpretation and legal argument
  8. further developed oral articulation of legal argument during class discussion.

Assessment

Research assignment (3,750 words): 50%
Supervised examination (1 hour plus 15 minutes reading time): 40%
Class participation: 10%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides a comprehensive overview of collaborative dispute resolution, a non-adversarial approach to resolving disputes, whereby the parties, their lawyers and other experts enter into a formal agreement to focus on settlement rather than litigation. If the dispute is not resolved and proceeds to litigation, the lawyers who are engaged in the collaborative process must withdraw. Collaborative law has been practised overseas for many years and has been used in Australia since 2006.
This unit has a practical focus and includes a series of interactive simulation exercises which encourage students to integrate their skills and to become aware of their own personal style as well as the values, attitudes and cultural influences that they bring to the resolution of conflicts. It also encourages students to consider other styles they can access, as appropriate. It assumes some basic understanding of negotiation processes and skills but does not assume any prior legal training or legal knowledge.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to collaborative dispute resolution, with creativity and initiative, to new situations in professional practice.
  • Investigate, analyse and synthesise critical issues and major trends in conflict resolution policy and theory.
  • Conduct research in collaborative dispute resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the importance and diversity of collaborative dispute resolution in society today.

Assessment

One research assignment (3,750 words): 50%
One take-home problem-based(3,750 words): 50%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Term 4 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7475

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides students with an opportunity to learn via practice, the essential negotiation, mediation and communication skills required to become a mediator. Students learn practical skills by participating in a range of conflict scenarios and receive individual feedback on their style and overall performance by highly qualified practitioners. Working with the mediation model, students will learn alternative approaches to deal with varying circumstances and will also investigate theoretical issues and relevant empirical studies in mediation ethics, inter-cultural context, contingent 3rd party interventions, power and empowerment, as well as other topics.
This interactive workshop has been developed to assist students to meet part of the National Mediation Accreditation Standard requirements.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of, the facilitative mediation model and the purpose of each stage in the process, with creativity and initiative, to new situations in professional practice.
  • Demonstrate am ability to explain the different approaches to negotiation and when each might be appropriate.
  • Investigate, analyse and reflect meaningfully on complex information and problems in relation to the facilitative mediation model.
  • Demonstrate a range of skills and techniques in communication, negotiation and mediation.
  • Conduct research in current issues in conflict resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate, at an abstract level, complex ideas and concepts relevant to the facilitative mediation model.

Assessment

Reflective journal that incorporates research, set tasks and daily reflection (2,250 words): 30%
One research assignment (5,250 words): 70%
OR
For students who also enrol in LAW5412 Advanced mediation: Skills and theory B there is the option to combine the research assignments required in each of Mediation A and B (5,250 words each) and undertake one, larger research assignment (10,500 words) that will count across both subjects: 70%
Students should note that the reflective journal incorporating research, set tasks and daily reflection (2,250 words) will still be required to complete the assessment for Advanced mediation: Skills and theory A: 30%

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Day)
City (Melbourne) Summer semester A 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7476

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit builds on the skills developed in LAW5411 and focuses on refining and assessing those skills. It will also develop and extend research work that is focused in the core competency areas. Students will refine their skills by participating in a range of conflict scenarios and will engage in additional ethical issue work. Students will also investigate further ethical and theoretical issues, relevant empirical studies in mediation ethics, inter-cultural contexts, contingent 3rd party interventions and issue of power and empowerment. Students will be provided with individual feedback on their style and overall performance by highly qualified practitioners.
This interactive workshop has been developed to assist students to meet part of the National Mediation Accreditation Standard requirements and provides an opportunity for students to be tested and assessed in accordance with the National Mediation Accreditation Standards.

Outcomes

On completion of this unit students will be able to:

  • Apply advanced knowledge and understanding of the facilitative mediation model and the purpose of each stage in the process, with creativity and initiative, to new situations in professional practice.
  • Demonstrate an ability to explain the different approaches to negotiation and when each might be appropriate.
  • Investigate, analyse and reflect meaningfully on complex information and problems in relation to the facilitative mediation model.
  • Demonstrate a range of skills and techniques in communication, negotiation and mediation.
  • Conduct research in current issues in conflict resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the facilitative mediation model.

Assessment

One research assignment (5,250 words): 70%
Practical exam assesment of mediation (at least 90 minutes) :15%
Oral presentation of research (30 minutes): 15% OR
For students who also enrol in LAW5411 Advanced mediation: Skills and theory A there is the option to combine the research assignments required in each of Mediation A and B (5,250 words each) and undertake one, larger research assignment (10,500 words) that will count across both subjects: 70%

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5411 Advanced mediation: skills and theory A


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Students will study the following topics:

  1. Australian legal and political institutions, including the institutions of government , the constitutional framework and division of powers
  2. Sources of law in Australia, including the historical origins of our legal system, common law and equity, legislation and delegated legislation and the contemporary relationship between the courts and Parliament.
  3. Legal writing including an introduction to legal terminology, an overview of the different types of writing required in the Law School and a discussion of the criteria for assessment.
  4. Case law and the doctrine of precedent.
  5. Statutory interpretation.
  6. Professional conduct for Trade Marks and Patent Attorneys, including such issues as registration, professional liability and negligence issues, conflicts of interest, privilege, confidentiality, maintenance of rights and monitoring systems, fiduciary obligations to clients, and the Institute of Patent and Trade Mark Attorneys Code of Conduct.

Outcomes

On completion of the course students should have:

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

Assessment

One research assignment (3,000 words): 40%
One take-home examination (3,000 words): 40%
One take-home assignment (1,500 words): 20%

Workload requirements

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

This unit applies to the following area(s) of study


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Topics addressed include:

  • theories, history, politics and practice of public international law;
  • the sources of public international law;
  • the relationship between international and national law;
  • the role of the different subjects of public international law;
  • the system of Statehood and territorial sovereignty;
  • jurisdiction, privileges and immunity in public international law;
  • the responsibility of States for internationally wrongful acts;
  • the use of force by States and self-defence;
  • international dispute resolution and the pacific settlement of disputes;
  • key areas of the practice of public international law, and
  • some of the challenges and future developments in public international law.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to public international law with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to public international law;
  • Conduct research in public international law based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to issues in public international law.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines the law and practice of debt capital markets transactions. The course focuses on Australian law but also deals with English law as well as EU law and US law aspects as they are relevant to Australian issuers accessing the international capital markets.
The course examines how debt capital markets work. There is an in depth analysis of the structure, the documents and the regulation of each of: Australian domestic capital markets; Australian issuers accessing the Euro markets; and Australian issuers accessing the US markets.
There will also be a discussion of various other markets which are able to be accessed by Australian issuers.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of how the Australian and key international debt capital markets operate and how Australian issuers can access these markets with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the historical development of these markets and their importance;
  • Conduct research into the documentary process for debt capital markets transactions and the differences between the Australian and other international debt capital markets based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the key tax considerations in accessing the Australian domestic debt capital markets and have an overall understanding of how the USA attempts to regulate bearer bank issues which may come into the United States.

Assessment

Class participation (preparation and participation in discussion at one session: 10% (awarded for satisfactory participation); one research assignment (3,375 words): 45%; one take-home examination (3,375 words): 45%.

Workload requirements

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

This unit applies to the following area(s) of study

Prerequisites

LAW5349 or its equivalent


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Although Australia has ratified the UN Convention on the Rights of the Child, children's rights are arguably still not well protected in Australia. This unit looks at the extent to which Australia is complying with its international obligations under the Convention on the Rights of the Child. It does this through analysing domestic laws, policies and practices relating to children's rights at both a state and federal level. Specific issues are analysed including, children in family law, children in juvenile justice, children in child protection and Indigenous children. We consider the ongoing challenges to the full realisation of children's rights in Australia, and what reforms might overcome these challenges.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of Australian laws and policies pertaining to children's rights, and how these compare to the UN Convention on the Rights of the Child with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the development of children's rights in Australia;
  • Conduct research into Australia's approach to the UN Convention on the Rights of the Child, including its reservations to that treaty and its dealings with the UN Committee on the Rights of the Child; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to children's rights in Australia including children in the family law system; children in the juvenile system; children in child protection; and Indigenous children.

Assessment

One research assignment (6,750 words): 90%
Class participation: 10%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Securing the rights of children remains a challenge in the 21st century. Children continue to be exploited and abused on a regular basis and the use of child labour and child soldiers continues. In addition, violence against children and the mistreatment of child refugees is a concern in many countries. This unit provides an in-depth analysis of the UN Convention on the Rights of the Child and its implementation around the world. It includes consideration of the historical development of children's rights; the various mechanisms in place in different countries for the implementation of the international norms pertaining to children's rights; the strengths and weaknesses of the UN processes for protecting children's rights, including the state reporting system; policy arguments for and against reform of the international system surrounding children's rights; and specific challenges to the full realisation of children's rights, including economic pressures, political will (or lack thereof) and social and cultural factors.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of developments in relation to children's rights within the context of international human rights law with creativity and initiative for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and policies in relation to in relation to children's rights within the context of international human rights law;
  • Conduct research in in relation to children's rights within the context of international human rights law based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to children's rights within the context of international human rights law.

Assessment

One research assignment (6,000 words): 80%
Class participation: 10%
Poster presentation: 10%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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 abuse. Such measures include criminal prosecutions, truth commissions, reparations and different forms of institutional reform.
This unit begins by providing an overview of the concept of transitional justice and the different transitional justice mechanisms in order to provide the theoretical framework for the unit. Following an exploration of the theoretical framework we then begin to engage in a detailed analysis of a number of transitional justice programs in order to gain an in-depth understanding of the operation of transitional justice mechanisms in practice. With respect to each case study we consider: the transitional justice mechanisms which were implemented, the success of the different transitional justice mechanisms, hurdles faced in implementing such mechanisms, criticisms of the implementation, and the interaction between the different mechanisms. Examples of case studies which may be considered as part of this unit are: South Africa's transition from apartheid to democracy, the aftermath of the Rwandan genocide and the relevance of transitional justice in Australia.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge of, and understanding of recent developments in relation to transitional justice / post-conflict justice with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to transitional justice;
  • conduct research in transitional justice based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to transitional justice.

Assessment

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

Workload requirements

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

Chief examiner(s)

This unit applies to the following area(s) of study


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This course introduces students to the legal and regulatory issues relating to transactions undertaken by companies and other institutions in order to borrow money or otherwise to raise funds. The course is in three parts. In the first part, the basic building blocks of: the concepts of credit; how a company borrows money; and how it gives security to its lenders to secure repayment, are all examined. The second part involves an examination of the various forms of borrowings, including syndicated financing and project finance. The third part deals with borrowing in the capital markets (that is, without involving a bank as a lender), both domestically in Australia and internationally. The course is principally focused on how Australian companies borrow money both in Australia and in other international markets. The course deals with Australian law and also English and European law and US tax and regulation in so far as they affect Australian companies accessing the international markets. An understanding of common law contract law is assumed and some understanding of company law would be of benefit but is not required.

Outcomes

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

  • apply knowledge and understanding of the basic principles of the law and the practice of corporate finance with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to legal and commercial aspects of various forms of debt finance, including secured and unsecured transactions and other forms of raising debt;
  • conduct research into the concept of the 'capital markets' particularly debt capital markets as a means of raising funds by Australian issuers in both the Australian domestic market and in the international capital market, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the international financial transactions in the context of market practice having regard to the legal, contractual, regulatory and taxation regime in Australia, the Euro markets and, to a limited extent, the US market.

Assessment

Research assignment (6,000 words): 80%
Preparation & participation in workshop(1,500 words): 20%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit

Chief examiner(s)

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted. In Prato/Malaysia, the unit can be taken by a maximum of 45 students

Synopsis

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.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on managing personalities in conflict resolution, particularly resolving disputes involving "high-conflict" personalities. The course will help students and practicing professionals recognize personality styles, choose appropriate intervention techniques, and maintain ethical principles while dealing with difficult people professionally and personally. The first part will focus on developing an understanding the dynamics of personality in conflict, especially the impact of "high-conflict" personalities in legal and workplace disputes. The second part addresses how to manage individual clients, two or more parties in disputes, and systems involving many high-conflict parties. Methods will be taught and practiced in role-play exercises, including client counselling, coaching potentially high-conflict employees, coaching potentially high-conflict parties in separation and divorce, mediating high-conflict legal disputes, mediating workplace conflicts (when appropriate), managing high-conflict complainants with government agencies, and system-wide interventions to reduce high-conflict behaviour in organisations.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of high-conflict personality disorders and their common conflict dynamics, the preoccupation for those with high conflict personalities with blaming, as well as brain research theory and methods for creative handling of high-conflict personalities in legal and workplace disputes and applying these initiatives to new situations in professional practice.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the management of collaborative relationships among professionals in high-conflict cases.
  • Conduct research into high conflict dispute resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level, complex ideas relevant to high conflict dispute resolution.
  • Use and understand methods for coaching individual clients to deal with high conflict situations.
  • Analyse high conflict behaviour in court and other types of hearings and processes.

Assessment

One reflective journal that incorporates research, set tasks and daily reflection,
(3,750 words): 50%
One research assignment (3,750 words): 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to complete a reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Summer semester A 2015 (Day)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

In 2006, Victoria enacted the landmark Charter of Human Rights and Responsibilities Act (2006) ('Charter'), which incorporates civil and political rights into the domestic law of Victoria. The Charter provides a domestic avenue for the resolution of human rights disputes that were previously addressed in a piecemeal fashion under non-human rights specific laws and, on occasion, referred to unenforceable international fora for dispute resolution. This unit focuses on the history, development and operation of the Charter.

Students undertaking this unit will study the history, development and theoretical framework of the Charter within the Victorian, Australian and comparative settings. Students will consider the different structures and mechanisms employed by comparative human rights instruments, and the impact these differences have on the relevance of those instruments to the Charter.

Students will gain a comprehensive understanding of how the Charter operates in Victoria by thoroughly and critically exploring the scope of the rights, the powers to place restrictions on rights, the impact of the Victorian Charter on the development and interpretation of legislation, the impact of the Victorian Charter on public authorities, and the complex relationships that are established between various entities under the Charter. The analytical approach to the material will enable students to contribute to debate about reform of the Charter.

The unit will also develop various skills of students, including statutory interpretation and jurisprudence analysis.

This unit will appeal to all students, particularly those with an interest in human rights, constitutional law, administrative law, social justice and law reform.

Outcomes

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

  1. Apply knowledge and understanding of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Victorian Charter) to hypothetical and real life situations.
  2. Comprehend the similarities and differences to comparative regimes such as those in the UK and the ACT.
  3. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the Victorian Charter.
  4. Contribute to debate about reform of the Victorian Charter
  5. Conduct research on the Victorian Charter based on knowledge of appropriate research principles and methods.
  6. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the Victorian Charter.

Assessment

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

Option B:
One research assignment (5,625 words): 75%
One take-home examination (1,875 words): 25%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.

Chief examiner(s)

Prerequisites

LAW5007 Principles of constitutional law and LAW5014 Principles of administrative law


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit looks at the body of law that Australian courts apply to commercial disputes 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 cross-border commercial disputes?
  • when can foreign judgments in commercial disputes be recognised and enforced in Australia?
  • what are the general principles of choosing the applicable law in cross-border commercial disputes?
  • what are the specific rules of choosing the applicable law for obligations and property?
  • what are the theories underlying the rules on choice of law?

This unit may be of particular interest to students who are working, or intend to work, in commercial practice.

Outcomes

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

  • Apply knowledge of, and understanding of recent developments in, private international law in commercial disputes with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to private international law in commercial disputes;
  • Conduct research in private international law in commercial disputes, based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to private international law in commercial disputes.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

This unit examines and evaluates the evolution of the international law response to the global problem of human trafficking, and the application of the definition of trafficking in the Trafficking Protocol. It examines the overlaps between human trafficking, forced labour and slavery. It describes and evaluates the implementation of the Trafficking Protocol obligations to cooperate, prevent and protect in Australian law, and compares the Australian response to regional and international responses. It considers and evaluates the human rights implications of competing anti-trafficking 'agendas'; gender and prostitution, labour migration, child labour, and criminal justice.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to legal responses to human trafficking and their human rights implications with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to human trafficking from different perspectives, namely gender and prostitution, labour migration, child labour, and criminal justice
  • Conduct research on issues in relation to human trafficking based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the problem of human trafficking.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Current Issues in Copyright requires no prior copyright knowledge: the introduction to the course will be taught lecture style to provide foundational principles for newcomers to the field and a refresher for those who already have some familiarity with copyright law. The remainder of the unit will be conducted seminar-style. Readings for each topic will be assigned in advance, and students will contribute short position papers in response throughout the semester. Courteous debate probing all sides of the various issues and identification of the underlying assumptions and value judgments will be encouraged.
The unit focuses on topics of current controversy. Topics that have been dealt with in the past include orphan works, large-scale consumer infringement, ISP copyright policing and graduated response laws, user rights and exceptions, the politics of piracy and 'bitroots' activism and anti-circumvention law.
Student input into the development of the curriculum is encouraged. If you wish to propose a particular issue for inclusion within the subject in any given year, please email the lecturer with your suggestion as early as possible.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to national and international copyright law and policy with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to current issues in copyright, relate them to proposals for law reform and critically evaluate their likely impact upon current policy challenges
  • Conduct research into current issues in national and international copyright law and policy based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Current Issues in Copyright.

Assessment

Three short position papers during semester (1500 words each, 3 x 20%): 60%
In-class presentations of position papers (3 x 10%): 30%.
General class participation: 10%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit investigates how and why businesses respond to the multitude of efforts made to influence or 'regulate' their behavior for the social and economic good at the local, national, and global levels by means of government regulation, industry self-regulation and civil society voluntary codes of conduct, labeling and certification schemes. Regulating Business is a practical and interdisciplinary course. It first examines what motivates firms and business people to respond to regulation; and how the internal characteristics and capacities of business firms and people assist them in responding to regulation, including the design of compliance systems. It goes on to examine the influence of different regulatory enforcement strategies and styles on compliance and how regulation and responses to regulation emerge from regulators' and businesses' interactions with their broader social, economic and political environments.

Outcomes

Upon completion of this unit students will be able to:

  • Apply knowledge of, and understanding of business regulation enforcement mechanisms and compliance responses with creativity and initiative to new situations in professional practice
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to business regulation enforcement and compliance and to critically evaluate the effectiveness of different regulatory enforcement mechanisms and styles on compliance responses in their social, economic and political environment.
  • Conduct research into relevant domestic and international regulatory studies scholarship on how to design and implement effective and legitimate business regulation enforcement and compliance based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to business regulation, enforcement and compliance.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This subject is divided into three main parts. In the first part, an examination will be made of what are said to be the philosophical underpinnings of the notion of freedom of speech. Those underpinnings will be critically assessed, and their limitations, with regard to particular forms of speech, analysed. In this part of the course consideration will also be given to what we should appropriately regard as constituting "speech" in the context of freedom of speech - for instance, should the wearing of religious adornments count as "speech" for the purposes of freedom of speech? Consideration will be given, too, to what is appropriately understood by "freedom" in the context of freedom of speech and what such freedom requires - for example, in order for there to be "freedom of speech" in the requisite sense, is it necessary that there be laws positively enabling speech? Or is it sufficient simply that there be no laws prohibiting or limiting speech?
In the second part of the course, an examination will first of all be made of Australia's obligations, pursuant to international law, with regard to the provision of freedom of speech. Then, consideration will be given to the protections actually afforded to freedom of speech both in Australia and overseas. In an Australian context, in-depth consideration will be given to the implied freedom of political communication contained in the Australian Constitution and to the so-called principle of "legality", used in statutory interpretation to limit the circumstances in which statutory power can infringe upon fundamental rights (including freedom of speech). Consideration will also be given to the relevant provisions of the Victorian Charter.
In an overseas context, students will be provided with an overview of the protection afforded to freedom of speech in the United States, Canada and the European Community. Comparisons will be drawn with the protection afforded in Australia.
In the third part of the course - which will occupy about half of the course - in-depth consideration will be given to various Australian legal regimes that prohibit, restrict or otherwise regulate certain kinds of speech (and which, therefore, restrict or regulate freedom of speech). These regimes will be drawn from a pool including (but not necessarily limited to) regimes that prohibit, restrict or regulate racial or religious vilification; obscenity and pornography; incitement to illegal conduct; defamation; campaign finance and commercial speech.
In respect of each regime that is considered, critical analysis will be undertaken as to whether the limitations on freedom of speech imposed by the regime are justified, by reference both to the underlying principles in support of freedom of speech generally, and to the specific objectives that are sought to be achieved by the regime in question.

Outcomes

Upon completion of this unit students will be able to:

  1. Demonstrate understanding of, and engage in reasoning that makes use of, the justifications said to underpin freedom of speech, including the limitations of those justifications with regard to particular forms of speech, and the various critiques of the justifications said to underpin freedom of speech.
  2. Critically evaluate the limited protection accorded to freedom of speech in Australian law (including the limitations imposed on freedom of speech in Australia in a number of different contexts), and judicial approaches with respect to the protection of freedom of speech in Australian law, in the context of Australia's international legal obligations to provide for freedom of speech pursuant to international law.
  3. Accurately describe, and undertake comparative analysis of, the protection accorded to freedom of speech in the United States, Canada, and the European Community.
  4. Use cognitive, technical, research and creative skills to generate, investigate, analyse, synethesis and evaluate, at an abstract level, complex ideas and concepts relevant to freedom of speech, its justifications and its limitations.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 4 2015 (Day)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit provides a comprehensive introduction to, as well as critical analysis of, key issues in the study of health regulation, case law and policy in Australia. Topics covered in the unit may include introduction to the regulatory framework of the Australian health system; public health law; the law of consent to, and refusal of, medical treatment; access to, privacy and confidentiality of medical records; abortion; regulation of assisted reproductive technologies; regulation of human biological materials (organs, blood, tissue); regulation of (emerging) health technologies; crime and healthcare; patient redress and quality and safety in healthcare. The contemporary nature of the unit means its content will change from time to time, as will the emphasis placed on certain topics.

Outcomes

Upon completion of this unit, students should:

  1. have a good understanding of key aspects of the regulatory framework of the Australian health system;
  2. understand key aspects of health regulation, case law and policy in Australia;
  3. be able to analyse and critically comment on a number of specific challenges and current areas of debate in health regulation, case law and policy in Australia;
  4. be able to critically evaluate the strengths and weaknesses of key areas in health law in Australia;
  5. be able to understand, evaluate and apply policy arguments for and against reform of key areas in health law in Australia;
  6. be able to identify or find the relevant principles, regulation and case law and apply them to resolve issues that arise in health law in Australia;
  7. further develop legal research, writing, and legal argument skills in the area of health law in Australia; and
  8. further develop oral skills in legal argumentation in class discussions.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Second semester 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7493

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit is designed for students with existing knowledge and experience of negotiation, although no specific units have been set as pre-requisites. It focuses specifically on commercial negotiations (understood broadly to encompass pre-contract and contract negotiations, management of issues in the life of a commercial relationship, and the negotiated resolution of commercial disputes), although many of the concepts and skills are also relevant to negotiation in other fields of practice.
Topics covered will include: the procedural challenges associated with specific types of negotiation; agency tensions for lawyers working in commercial contexts; whether "relationships" matter in a field focused strongly on financial interests; designing deals for maximum value; managing the negotiation process "at the table"; strategic preparation and moves "away from the table" to set up the best conditions for negotiation; cross-border negotiations; multiparty dynamics and other challenges arising from specific types of negotiation; ethics in commercial negotiations; and the impact of the legal system on commercial negotiation (and vice versa).
The unit will be delivered in a highly interactive fashion, and will explore issues and develop skills using negotiation role-plays, small group exercises and and full-class discussions, building on themes introduced through interactive lectures, guest lectures and audio-visual input.

Outcomes

On completion of this unit students will be able to:

  • Apply advanced knowledge and understanding of negotiation in commercial contexts and advanced skills for dealing with challenges in commercial negotiations with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced commercial negotiation;
  • Conduct research in advanced commercial negotiation based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex critical issues and major trends in the theory and practice of commercial negotiation.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Evening)
City (Melbourne) Term 4 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7494

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Students will learn advanced evidence skills in the trial context, in particular, practical skills of factual analysis, reasoning, methods of analysing and marshalling evidence and problem-solving, and constructing, criticising & evaluating complex arguments. The syllabus will cover: advanced research, analysis and practical application in the trial context of a selection of some of the more complex and contested rules of evidence; where skills of analysis for proof & argument are required in litigation; methods, formats and uses for chronologies; how to argue from and about evidence; developing a case theory and matching evidence to the theory; and mapping arguments to support case theory and evidence. The class will include examination of case studies which will be used to emphasise the transferable nature of the skills of factual analysis and argument taught in the unit across all areas of law.

Outcomes

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

  1. Apply knowledge of, and understanding of advanced methodologies for investigation and case analysis, trial preparation, proof and argument at trial with creativity and initiative to new situations in professional practice
  2. Investigate, analyse and synthesise methods of factual proof according to some of the more complex and contested issues of evidence law applicable in Victoria
  3. Conduct applied research to identify and evaluate practical difficulties in the gathering and presentation of evidence and evidentiary argument in Victorian courts based on knowledge of appropriate research principles and methods
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to evidence and proof in litigation, including how how miscarriages of justice can be prevented by proper analysis and preparation.

Assessment

Where unit is run as semester long or semi-intensive unit:
Online quizzes (20%)
Class Presentation (10%)
Class test (30%)
Take-home examination (40%)

Where unit is run as an intensive:

Online quizzes (20%)
Class Presentation (20%)
Take-home examination (60%)

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.

Chief examiner(s)

Prerequisites

LAW5012 Principles of evidence or equivalent.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7495

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The contemporary entertainment lawyer must possess a core competence in intellectual property, contracts and licensing, negotiation strategies, business organization, commercial transactions, and international and comparative law as well as familiarity with a host of other topics. This course is designed to consider the fundamental substantive issues found in international entertainment law, including the impact of myriad domestic and global regimes implicated in the study, and to arm the participant with the knowledge and skills necessary to embark upon a practice in the subject area.
The topics considered in the course include but are not limited to: rights of image of celebrities; intellectual property assets and the cross-border acquisition of rights; the effect of established and emerging multi-media platforms on entertainment products and services; the employment of extra-territorial talent; the authority of talent guilds over foreign performers and performances; international financing of motion pictures and sound recordings; barriers created by copyright and international trade law to cross-border distribution of recordings, videos, books and magazines; issues related to exhibition, performance and sale of entertainment, such as domestic content requirements, regulation of offensive content, international piracy, and the cross-border collection of music and movie royalties; and the structure of entertainment contracts of various sorts. Since the topic is global and is significantly affected by diverse cultural and economic influences and experiences, the laws and perspectives of a breadth of countries, including but not limited to Australia, the United States, the United Kingdom, Canada, Japan, Germany, and France will be considered.
This course is appropriate for both generalists seeking an introduction to the subject as well as specialists who desire to consider advanced topics. This course is appropriate for both generalists seeking an introduction to the subject as well as specialists who desire to consider advanced topics.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to fundamental issues in international entertainment law with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the law, policies and traditions of Australia and other various other countries of the world that influence the recognition, development, promotion and protection of interests in entertainment products, services and personalities;
  • Conduct research in international entertainment law based on knowledge of appropriate research principle and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international entertainment law.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7496

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit explores the legal framework for workplace investigations in the private and public sectors in Australia and the role and significance of such investigations for discipline, job security, worker and workplace safety, compliance with laws and employment relations. Conducting an investigation in accordance with employment and administrative laws will be analysed; and the rights and obligations of employers, employees, witnesses and decision makers will be explored. Topics covered will include investigations into employee misconduct in the public and private sectors - legal issues; conducting workplace investigations of misconduct of employees; review of Federal and State legislative proposals concerning bullying and internal investigations; and the role of other bodies including the Fair Work Commission and the Fair Work Ombudsman, the Australian Human Rights Commission and the Victorian Equal Opportunity and Human Rights Commission, in investigating employee misconduct.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the legal framework for workplace investigations and the sources of the power to undertake investigations of employees' misconduct in the workplace, both in the public sector and private sector with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the process of workplace investigations including the nature of the investigating body and its powers, the right of representation, relation of the investigation to civil and criminal proceedings, and evidentiary and natural justice issues;
  • Conduct research into the impact of legislation relating to privacy and the retention of, and access to, records and the investigator's report, and the effect of legal professional privilege based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the impact of legislative developments in unfair dismissal and general protections to employees, and bullying in particular under the Fair Work Act 2009 (Cth) and the role of institutions such as the Fair Work Commission in workplace misconduct.

Assessment

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

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7497

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit focuses on the victims of mass atrocity. After assessing the meaning of victimization, the unit focuses on what justice means to victims, differentiating between retributive, expressive and restorative justice and exploring the tensions that may inhere between various communities of victims. It also provides detailed analysis of the variety of post-conflict accountability mechanisms: trials, truth commissions, civil proceedings, amnesty, customary dispute resolution, and reparations. It also covers the law and jurisprudence of the International Criminal Court, and other international tribunals, in terms of victim participation in criminal proceedings, victim reparations, and victim damage claims. In addition, it will include case studies and discussion of how disempowered groups become enmeshed as agents of violence during episodes of mass atrocity.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in international criminal and human rights law with creativity and initiative to further learning in relation to victim's rights, accountability for atrocity, and criminological understandings of human agency in times of political violence with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in international criminal law and human rights law, in particular, with reference to feminist theory, ethnographic method, neuroscience, victimology, and other interdisciplinary perspectives;
  • Conduct research into the complex statutory scheme based on knowledge of appropriate research principles and methods concerning the needs, conduct, goals, responsibilities, and ambitions of victims of human rights abuses so as to create new understandings of key developments, likely future directions and current and emerging problems, including the vastly underappreciated reality that, during episodes of massive political violence, victims may come to victimise others.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the study of victims of human rights abuses.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html.
Previously coded as LAW7498

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Government is much more than law. This unit examines the legal, policy and ethical issues affecting government at the federal, state and local council levels. This course will enable students and practicing officials to understand how governments and their administrative processes are structured, how the legal operation of government is affected by Westminster principles, oversight bodies and public sector ethics and how government is changing.

The first part of the course will focus on understanding the legal framework of government, with particular attention to parliamentary and ministerial oversight of government decision making. This part of the unit will build upon and advance the knowledge of students who have studied administrative law. For those who have not, it will provide a legal and theoretical framework to locate and strengthen their professional knowledge. One theme of this part of the course is the difference between law and politics. How independent can and should government officials be from politicians? How can government officials balance the often competing requirements of legal and political accountability? When and how can politicians properly direct or influence government officials, particularly those appointed to independent positions? Another theme of this part of the course is the requirements of sound decision making. What makes a sound decision? What are best practice models of decision making? How can reasons for decisions be drafted and defended?

The second part of this course will address the avenues of accountability and oversight outside the courts. Attention will be given to modern theories suggesting that there is now a 'fourth' arm of government, which takes in the so-called integrity bodies such as Ombudsmen, Auditors-General and anti-corruption agencies.

The third part of this course will examine public sector ethics - the guiding principles to which all public officials are subject. Consideration will be given to the separate and complimentary function of public sector values. What are the special ethical rules and values of the public sector? How much of these values are formal or written? How do we manage conflicts between normal workplace pressures and the unique problems of government such as political pressure? This part of the course will draw heavily on the experience of students and guest speakers for discussion and problem solving.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of fundamental issues in public law, administration and government decision making, together with the framework of legal, political and ethical principles that affects government and the related principles of parliamentary supervision, with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to public law, administration and government decision making;
  • Conduct research into public law, administration and decision making, using comparative perspectives from legal and non-legal approaches to assess government action, and communicating effectively and persuasively to specialist or non-specialist audiences and peers, based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to government law and administration.

Assessment

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

Workload requirements

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

Prerequisites

JD students will be expected to have completed or be enrolled in LAW5014 Principles of administrative law. Other students should have knowledge of or experience in government decision making.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7516

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to, crime, sentencing and punishment in local and global contexts with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to crime, sentencing and punishment and critically evaluate the effectiveness of different forms of punishment in a comparative context;
  • conduct research on theories of punishment, the enforcement of laws and the imposition of punishment based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to crime, sentencing and punishment.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7536

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of recent developments in international and comparative family law with creativity and initiative to new situations in professional practice and/or further learning;
  2. investigate, analyse and synthesize complex information, problems, concepts and theories in relation to a range of legal traditions within which family law is situated;
  3. conduct research into the impact of both private and public international law on domestic family law issues as well other into other issues of comparative family law, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate complex ideas and concepts relevant to international and comparative family law including an awareness of links to immigration and refugee law, domestic family law and family law policy.

Assessment

The students will complete four (1,875 words) critical analysis papers. Each paper will be worth 25% of the overall unit grade.

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7540

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will provide an overview of the Chinese legal system, in particular in the areas of foreign-related commercial law. There will be focus not just on the law itself, but also on matters of legal culture, politics, economics, institutional design and other variables that impact on its operation. The unit will also use China as a case study to develop the skills of analysing comparative legal systems. Cross-cultural thinking is crucial for corporate lawyers to advise effectively on transnational deals and for policy-makers to create strategic international and regional policy solutions.Each class will use a contract, case or high-profile example as basis for analysis and class discussion. A key focus will be on finding objectivity in analysing a legal system when every subject is highly politicised.As this unit provides an overview of the legal system, it will focus on drawing together overarching themes with a view to proving the tools necessary to continue to keep with key changes to China's legal system.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of fundamental issues in Chinese law with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Chinese law and policy using a comparative perspective;
  • Conduct research into the Chinese legal system to create new understandings of key developments, likely future directions and current and emerging problems based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the Chinese legal system effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will explore various contemporary, evolving legal issues in the field of "sports law". It will provide students with an overview, appreciation and critical evaluation of the ways in which sport and the law interact, and often collide with each other. It will also provide students with an opportunity to explore the application of several traditional areas of the law in novel circumstances uniquely offered by the sporting context. Where appropriate, the unit will explore the social, political, commercial and economic objectives and influences on the law and its application to the sporting industry, and (given the increasing globalisation of sports law) will provide various avenues of comparative analysis across different jurisdictions and in the international law sphere.

The selected "sports law" areas to be taught are numerous and can include (subject to topicality and lecturer/student/faculty interest) any one or more of the following:

  1. introduction to "sports law" including examining the role and relationship between sport and the law, sport as a business, and the role of sport in society;
  2. international Sports Dispute Resolution;
  3. anti-doping law;
  4. sports competition law;
  5. significant issues in sports employment Law;
  6. athlete selection and discipline;
  7. discrimination and vilification in sport;
  8. "Sports Tort law";
  9. the "Field of Play" doctrine;
  10. athlete privacy and publicity rights; and
  11. match-fixing.

Outcomes

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

  1. apply their knowledge of fundamental issues in "sports law" to novel situations and cases;
  2. appreciate and explain the distinctive features, structure and operation of the sporting industry, and the impact of these elements on the development and content of "sports law";
  3. understand, compare and contrast the underlying objectives and principles of "sports law", including the ways in which the law seeks to balance the competing rights and interests of different stakeholders such as athletes, national and international governing bodies, and governmental and intergovernmental regulatory bodies (such as WADA and ASADA);
  4. critically evaluate, integrate and apply abstract concepts, theories and problems in "sports law";
  5. obtain an appreciation of contemporary developments in the law and practice of "sports law", as well as an insight into the future direction of the law;
  6. research independently, synthesise and analyse information about the legal governance of sports and the current and emerging problems of "sports law"; and
  7. interpret, communicate and present ideas and arguments relating to "sports law" to specialist or non-specialist audiences and peers.

Assessment

Class Participation:10%
Research Paper:40%
Sports Law Arbitration:50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).
In addition, students will be required to undertake independent study for class preparation, assignment preparation and revision and preparation time of written and oral arguments for the Sports Law Arbitration, as well as independent research and writing for the research paper.

Chief examiner(s)

Prerequisites

None, however relevant background experience in sports or knowledge of contract law and/or administrative law would be beneficial.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 4 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit explores a range of controversial developments in the laws relating to sexual minorities around the world, and evaluates them, using international human rights norms, in order to enhance students' understanding of the way in which international law protects and promotes the human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people. Students will analyse contemporary issues such as same-sex marriage/relationship recognition, criminalisation of homosexuality, anti-discrimination laws, hate-based violence 'gay propaganda' prohibitions. Students will critique the work on the UN in this field and consider cultural relativisms arguments before examining what, if any, reforms might be necessary to better protect the rights of LGBTI persons.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of international human rights law in relation to sexual minorities with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesize complex information, problems, concepts and theories in relation to international, regional and local approaches to the rights of sexual minorities;
  3. analyse the effectiveness of international human rights law in protecting and promoting the rights of sexual minorities;
  4. critically evaluate cultural relativist arguments against respecting the rights of sexual minorities in certain parts of the world;
  5. conduct research in relation to sexual minorities based on knowledge of appropriate research principle and methods; and
  6. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to sexual minorities.

Assessment

Research assignment (6,000 words): 80%
Poster presentation: 10%
Class participation: 10%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The unit is structured around preparing students to compete in the International Chambers of Commerce (ICC) Mediation Competition (ICC Competition), a prestigious, international competition which attracts teams from renowned law and business schools as well as many of the world's leading mediators. As such, the unit has a strong focus on mediation advocacy performance, including aspects such as team work, strategy, tactics, agility and flexibility in the unpredictable moment-to-moment reality of commercial negotiation.
While the ICC Competition provides a focus, the unit provides a highly relevant and entirely transferable skill set for legal practitioners and for any professional wanting to strengthen their effectiveness in commercial negotiation. The unit is designed to give students practical skills in the area of commercial negotiation advocacy, in the context of the increasing use of alternative dispute resolution in all jurisdictions.
The unit will focus on interest-based negotiation and advocacy skills in the context of commercial, including cross-border, disputes. The unit examines the theory and practice of mediation and negotiation as dispute resolution processes, using the Harvard model of principled (interest-based) negotiation. The focus of the unit is effective negotiation advocacy and collaborative problem-solving to progress towards settlement, using theory sessions, role plays and interactive exercises.
Please note that not all students enrolled in the unit will compete in the ICC Competition. Following the completion of the unit, a group of up to four competitors will be selected from the students enrolled in this unit to represent Monash University in the ICC Competition to be held in Paris in February 2016. For more information about the ICC Competition, please see this link: http://www.iccwbo.org/training-and-events/competitions-and-awards/mediation-competition/information-about-past-competitions/

Outcomes

On successful completion of this unit, students will:

  • have a comprehensive understanding of commercial negotiation strategies and approaches;
  • possess a sound understanding of, and have gained some practical experience in the practice of interest-based negotiation within a mediation process;
  • be able to explain and respond to theoretical and practical issues raised by clients in commercial mediation and alternative dispute resolution settings; and
  • have the opportunity to be selected to represent Monash University at the ICC Mediation Competition.

Assessment

Written mediation plan (1500 words): 20%
Participation in simulated mediation exercises (assessed in class): 20%
Research paper (4,500 words): 60%

Workload requirements

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

Chief examiner(s)

Prerequisites

Completion of any of the following units is advantageous:
LAW5411, LAW5429, LAW5344 and/or LAW5410


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The primary function of taxation - to raise revenue to finance the operation of the state - gives rise to many issues which speak to the nature of our economic, social and political system. Although these issues are common across modern liberal democracies, this subject focuses on the way these issues are treated in contemporary Australia. Key issues include:

  1. the role of taxation in the market economy;
  2. who should and does bear the burden of taxation in Australia?
  3. what bases should be taxed - income, consumption, wealth/resources?
  4. what is 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?
  5. what is the link between the Australian tax and transfer system or, more specifically, the link between taxation and spending in the modern Australian welfare state?
  6. what is the political influence of individuals and groups in shaping tax policy and legal outcomes in Australia?
  7. how does the constitutional and institutional configuration of the Australian state influence tax laws?

The subject covers a wide variety of disciplines relevant to the analysis of tax laws including economics, politics and philosophy. It refines skills of policy analysis to critically engage with current trends in Australian tax law and policy.

Outcomes

Upon completion of this unit, students should:

  1. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to tax policy in Australia from a range of policy and disciplinary perspectives including law, economics, politics and philosophy so as to:

a. critically evaluate the role of taxation in the modern Australian state and within a market economy including the manner in which key norms and values such as equity, efficiency and justice influence the tax policy debate;

b. critically assess the impact of key tax policy choices relating to the tax mix (ie the combination of taxes), tax base (what should be taxed), tax rates and taxpaying units (ie who should be taxed);

  1. apply knowledge and understanding of recent developments in Australian tax policy with creativity and initiative to new situations in the practical administration of Australian tax laws. Refine skills of policy analysis to interpret, synthesise and critically evaluate legislative provisions and case law from a broader policy perspective;
  2. conduct research in tax policy based on knowledge of appropriate research principle and methods; and
  3. use cognitive, technical, creative and collaborative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Australian tax law and policy in both oral and written form.

Assessment

Class participation: 10%
One research assignment (3,250 words): 40%
One take-home examination (3,750 words): 50%

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit explores a range of controversial developments in the laws relating to racial, ethnic and linguistic minorities around the world, and evaluates them, using international human rights norms, in order to enhance students' understanding of the way in which international law protects and promotes people identifying, or identified as belonging to minority groups. Students will analyse contemporary issues such as self-identity and recognition at international law, exclusionary laws impacting upon minorities, anti-discrimination laws, ethnic violence and other restraints on ethnic and cultural practices. Students will critique the work on the UN in this field and consider cultural relativisms arguments before examining what, if any, reforms might be necessary to better protect the rights of people in racial, ethnic and linguistic minorities.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of international human rights law in relation to racial, ethnic and linguistic minorities with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international, regional and local approaches to the rights of racial, ethnic and linguistic minorities;
  3. critically evaluate the effectiveness of international human rights law in protecting and promoting the rights of racial, ethnic and linguistic minorities;
  4. critically evaluate cultural relativists' arguments against respecting the rights of racial, ethnic and linguistic minorities in certain parts of the world;
  5. conduct research in relation to racial, ethnic and linguistic minorities based on knowledge of appropriate research principle and methods; and
  6. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to racial, ethnic and linguistic minorities.

Assessment

Research assignment(6,000 words): 80%
In-class presentation: 10%
Class participation: 10%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 3 2015 (Day)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Legal process depends on language, oral and written. This unit focuses on the role and the effectiveness of language in the legal process.

Topics studied include:

  • the history and complexity of legal language;
  • language in statutes, contracts and other instruments and its interpretation;

the plain language movement;

  • the importance of language in investigation and preparation (police cautions and interviews, lawyer interviews, preparation of witness statements and affidavits);
  • language in courtroom and other proceedings (examination of witnesses;
  • communication with juries, oral and written submissions);
  • language in mediation;
  • communication with people without English or with low competency in English (interpreters, unrepresented litigants, cross-cultural communication, Aboriginal people, children); and
  • linguists as experts (authorship identification, voice recognition, phonetics, language identity, suicide notes and ransom notes etc, trade marks).

Outcomes

On completion of this course, students will:

  1. apply knowledge and understanding of the way in which legal language has developed, and of current developments, and use that knowledge and understanding creatively and with initiative in a variety of legal processes and work settings;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to approaches to statutory construction and in relation to other forms of legal communication, such as interviews, transcripts, evidence, affidavits and arguments;
  3. evaluate critically the effectiveness of different forms of legal communication and language in varied adversarial and non-adversarial settings, including courts, tribunals and mediations, and with interpreters, non-standard English speakers and expert witnesses;
  4. recognise and evaluate critically issues of communication in judges' direction to juries, questioning of witnesses and oral and written arguments;
  5. conduct research and present original work in relation to legal language and communication based on knowledge of appropriate research principles; and
  6. use cognitive, technical and creative skills to generate and evaluate at an abstract level, and at a high level of competence, complex ideas and concepts relevant to legal language and methods, particularly in relation to: effective interviews of clients and witnesses; witness statements and affidavits; oral arguments; communications with unrepresented litigants; cross-cultural communication; vulnerable people in the legal process, including Aboriginal people and children; and the techniques and reasoning used in expert linguistic evidence.

Assessment

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

Workload requirements

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

Chief examiner(s)

The Hon Professor Peter R A Gray AM Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-peter-gray.html)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Students will analyse issues in a range of specialised contracts such as franchise agreements, licence agreements, finance agreements, and/or construction contracts, with an emphasis on practical drafting techniques. They will also examine contemporary issues in contract law, such as recent developments in the rule relating to penalties, and treatment of dispute resolution clauses. Given the importance of global trade, the unit will also provide insight into international contractual dealings, including international laws and principles relating to cross-border commercial sales and other transactions, and evaluate how these affect contractual dealings. These will also provide the background to the current shape of contract law and its application in practice, as well as a providing a basis for critical analysis of the law.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge of, and understanding of specialized types of contracts and cross-border transactions with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international commercial contracts and specialized types of contracts;
  • conduct research in specialist and international commercial contracts based on knowledge of appropriate research principles and methods;
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to cross-border commercial transactions and specialized types of contracts.

Assessment

Attendance: 10%
Three assignments (2,250 words each) including at least two practical drafting exercises:
90%

Workload requirements

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

Prerequisites

For JD students: LAW5002 & LAW5005


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will build upon the study of Equity in undergraduate and JD programs. Complex issues which are not covered in these units will be explored at an advanced level and topics will be drawn from a selection of the principal areas of equitable causes of action and remedies. The selection of issues will incorporate comparative aspects where relevant and may include contemporary complex and controversial developments in Australian jurisprudence.
Topics covered may vary, depending on topicality, and lecturer and student interest in a given year. They are likely to include some or all of the following:
fiduciary obligations of company directors, fiduciary liability for non-disclosure, agency, subrogation, the interaction between equity and restitution law in Australia, the equitable liability of banks, the fusion of law and equity, proportionate liability for equitable wrongdoing, and equitable personal and proprietary remedies.

Outcomes

On completion of this unit students should be able to:

  1. demonstrate and apply specialised knowledge of a range of controversies in the commercial field of equity;
  2. demonstrate advanced skills in interpreting equity cases, academic commentary and relevant legislation and applying them to evaluate complex commercial equity issues;
  3. critically evaluate the effectiveness of equitable remedies;
  4. understand, evaluate and apply policy arguments for and against reform of Australian equity doctrines and remedies;
  5. conduct independent research into relevant Australian and international materials on contemporary equity issues; and
  6. write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of commercial-focused equity issues.

Assessment

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

Workload requirements

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

Prerequisites

LAW5008 (or equivalent)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit investigates four main topics from a United Kingdom, European, Australian and, to a lesser extent, a United States' perspective. The first topic is media regulation, which covers the rationales for differing regulation of broadcasting, the press and private speech and the reasons for mass media law. The second topic focuses on defamation and freedom of speech, including political, commercial and religious speech and obscenity. The third topic deals with privacy and the press. The final topic investigates some advanced issues, including broadcasting regulation, the Internet and its relationship to privacy and freedom of expression, and media pluralism. Particular attention will be paid throughout the course to the Leveson, Finkelstein and Convergence Inquiries.

Outcomes

On completion of this unit students will be able to:

  • demonstrate a deep understanding of the competing philosophical perspectives on the application of law to mass media across a number of jurisdictions;
  • investigate, analyse and synthesise complex theories, concepts, information and problems in relation to media law from a comparative perspective;
  • demonstrate an applied knowledge of: the concept of mass media, the solution to liability concerns for different categories of publishers and authors, and the comparative enforcement of laws pertaining to defamation and privacy;
  • conduct research in media law based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to media law.

Assessment

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

Workload requirements

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

Synopsis

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

Outcomes

  • apply knowledge and understanding of recent developments in relation to intellectual property issues to which the Internet gives rise with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Internet-related aspects of intellectual property law;
  • conduct research in Internet-related aspects of intellectual property law based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Internet-related aspects of intellectual property law.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites

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


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) First semester 2015 (Evening)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

CopyrightX: Monash is based on materials developed by William Fisher for CopyrightX at Harvard Law School. Online lectures are recorded by Professor Fisher, and weekly seminars are conducted at Monash. Students in this course will have an opportunity to participate in online discussions of copyright-related issues with students at Harvard and at several other universities.The unit explores US copyright law and the ongoing debates about how the law should be reformed. The unit will cover:

  1. theory - the arguments, drawn primarily from economics, political theory, and philosophy, concerning why and how the law should regulate uses of expressive materials;
  2. doctrine - the rules currently in force concerning uses of expressive materials and the ways in which those rules are typically interpreted and applied; and
  3. practice - how those rules affect various fields of art, industry, and culture, including literature, music, film, photography, journalism, software design, architecture, fashion, comedy and games.

Outcomes

Upon completion of this unit, students should:

  1. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to IP law from a comparative perspective. Students will gain insights and the capacity to critique the law and its underlying policies by drawing upon economics, political theory, and philosophy, concerning why and how the law should regulate uses of expressive materials.
  2. Students should be enabled to:

a. critically evaluate the role of intellectual property in the US and internationally within a market economy including the manner in which key norms and values such as equity, efficiency and justice influence the policy debate; and

b. critically assess the impact of key IP policy choices.

  1. Apply knowledge and understanding of recent developments in US and international policy with creativity and initiative to new situations in the practical administration of the law. Refine skills of policy analysis to interpret, synthesise and critically evaluate legislative provisions and case law from a broader policy perspective.
  2. Conduct research in IP policy based on knowledge of appropriate research principle and methods.
  3. Use cognitive, technical, creative and collaborative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to US IP law and policy in both oral and written form.

Assessment

One three hour exam: 70%
One take-home examination (1,500 words): 30%
Both the exam and the take-home exam will be the same exams that are undertaken by the Harvard law students.

Workload requirements

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

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Second semester 2015 (Day)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

Administrative law determines what governments can and cannot do. It is a dynamic and rapidly changing area of law and practice. This unit will enable students to understand key issues affecting contemporary administrative law, how and why the law is changing, and what those changes might bring.
The unit will cover three key contemporary questions in administrative law. The first is whether and how public law does and should take account of commercial issues. This part of the course will ask whether administrative law remedies such as judicial review should apply to private sector bodies that perform "quasi-public" functions. It will also consider whether judicial review and other administrative law remedies should apply, or be modified, to government decisions that could be regulated by other commercial law principles. Should judicial review apply to government tendering decisions? Are notions of "commercial in confidence" a sound reason to withhold details about government contracts from the public? Should companies have standing in administrative law to challenge government decisions which benefit competing companies?
The second key issue the course will consider is whether the courts are always the best forum to challenge government decisions. Public law remedies traditionally involve one party who challenges a single decision, but many decisions are "polycentric" because they raise many issues and affect many people. This part of course will examine those "polycentric decisions", such as planning and revenue decisions, and consider why some decisions are less suited for review by courts and tribunals than are other decisions that are not polycentric (or, at least not polycentric to such an extent). It will also compare the position in Australia with that in England where the courts have developed legal principles to regulate public consultation.
The third issue the course will consider concerns national security - how, when and why issues of national security can affect administrative law review? This problem has emerged as governments in Australia and other common law jurisdictions have sought to limit the rights of people to challenge decisions, or receive information, in cases involving national security. This part of the course will examine those decisions in Australia where normal rights of review by the courts or tribunals are limited for reasons of national security. This part of the course will also consider when and how the Australian Constitution might require a minimum level of fairness in such cases.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of important contemporary issues in administrative law and government decision making, together with the framework of legal, political and ethical principles that affects government and the related principles of parliamentary supervision, with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to administrative law and government decision making;
  • conduct research into public law, administration and decision making, using comparative perspectives from legal and non-legal approaches to assess government action, and communicating effectively and persuasively to specialist or non-specialist audiences and peers, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to administrative law and public decision making.

Assessment

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

Workload requirements

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

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

Around 30-40,000 people die each year in Victoria. The management and distribution of their property is determined by principles of succession law. Succession law governs how the property of a deceased is distributed, who can manage a deceased estate and how distributions may be challenged distribution. This unit will enable students to understand the key issues affecting succession law, the directions that people can incorporate into a will and the professional obligations lawyers face in succession law.
The unit covers four key elements of succession law. The first is intestacy (when a person dies without a valid will) and will making. This part of the course examines the presumptive distribution of assets in intestacy and the novel Victorian approach. It also examines the execution requirements for will making and the process to grant probate to wills and codicils that do not meet those requirements.
The second key issue of the course is the doctrines affecting testamentary gifts. What can and cannot be done through the gift clauses? This part of the course examines the nature and limits of "testamentary freedom" (the ability of people to dispose of their estate as they wish).A key such limit is "family provision", under which close relative and partners of a deceased person can challenge the distribution of an estate.
The third part of the course examines managing and distributing deceased estates. This includes the standards for those managing an estate, control of funeral and burial arrangements and when and how can beneficiaries challenge or remove a personal representative.
The final part of the course examines professional obligations of lawyers. Succession law generates a high level of professional complaints against lawyers. The course will examine the special rules governing the conduct of lawyers, particularly when they act the personal representative of an estate.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of important contemporary issues in succession law, covering: will making; the management and distribution of estates (whether or not a valid will exists); family provision claims; funeral disputes; and the related principles of professional ethical obligations relevant to succession law, with creativity and initiative to new situations in professional practice and/or for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and

theories in relation to will making and estate management;

  1. conduct research into succession law (including questions about will making, estate management, family provision claims and legal disputes about funeral arrangements), and communicating effectively and persuasively to specialist or non-specialist audiences and peers, based on knowledge of appropriate research principles and methods; and
  2. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to succession law, including will making, estate management, funeral arrangements and family provision claims.

Assessment

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

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prerequisites


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit examines the historical and contemporary legislative measures by which Indigenous people have been controlled, 'protected' and disempowered. It looks at laws and policies concerning identity, dispossession, protection, assimilation and 'intervention' or 'emergency response'. It will examine over-representation of Indigenous people within the criminal justice system, deaths in custody, the 'stolen generations' issue, land rights, native title, and customary law. The experience of Indigenous Australians is focussed upon as a 'case study' but significant comparison is made between this experience and that of other Indigenous people in particular in Canada, New Zealand and Malaysia. The unit also considers human rights, self determination, reconciliation, law reform and human rights issues.

Outcomes

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

  • apply knowledge and understanding of the common law, constitutional and statutory framework that has applied to Indigenous people of Australia, and compare with selected common law countries particularly Canada and New Zealand;
  • critically assess and evaluate relevant principles, laws and precedents and apply them to resolve legal issues relating to Indigenous people;
  • investigate, analyse and synthesise complex information from the judgments and secondary materials on Indigenous issues, applying theoretical and practical perspectives relating to the interaction between Indigenous people and the introduced legal system;
  • use cognitive, technical and creative skills to identify human rights issues affecting Indigenous people in factual scenarios and to develop complex arguments for appropriate legal responses to address these issues;
  • communicate effectively, both orally and in writing, on complex issues affecting Indigenous people in Australia and comparison with overseas jurisdictions; and
  • reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Assessment

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

Workload requirements

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

Prerequisites

JD students should have completed LAW5000 or an equivalent unit at another university.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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 approaches taken by different countries and students will be invited to think critically about the responses of different jurisdictions.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of fundamental issues in medical law and ethics and exercise analytical skill with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information in relation to concepts, theories and problems in medical law and ethics;
  3. conduct research into the fundamental aspects of medical law and ethics to create new understandings of current and emerging problems, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate complex issues involving medical law and ethics and communicate effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

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

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For Prato Law discontinuation dates, please see
http://www.law.monash.edu/current-students/study-opportunities/overseas-study/prato/units/index.html
Previously coded as LAW7644

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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 to be covered are likely to include: aims and methods of comparative legal studies; compensation for non-pecuniary loss in contract and tort; liability of multiple wrongdoers; gain-based remedies in contract and tort; punitive damages in contract and tort; and vindication as an aim of damages; and specific relief and personal service agreements.

Outcomes

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

  • apply knowledge and understanding of different approaches to selected remedial issues with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the role that the law of civil remedies, both in general law and under statute, has in the wider context of law and society, and how social policy goals are asserted through various legal doctrines;
  • conduct research into different conceptions to similar remedial problems experienced in a common law or civil law jurisdictions, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate complex ideas relating to the law of remedies for civil wrongs in various jurisdictions.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7645

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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

The topics covered include the following:

  • aims and methods of comparative legal studies;
  • development of tort law in common law and civil law jurisdictions;
  • Europeanisation of tort law;
  • liability for pure economic loss;
  • liability for psychological harm;
  • liability for 'wrongful life' and 'wrongful birth';
  • proof of causation; and
  • protection of privacy.

Outcomes

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

  • apply knowledge and understanding to the jurisprudence and practice of torts law;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the function and evolution of modern torts law across jurisdictional boundaries;
  • conduct research into the fundamental aspects of international perspectives on torts law, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to the interaction of torts law and related areas.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit introduces students to comparative analysis of the law and social issues arising from the use of the Internet for commerce, education and entertainment. The unit will address complex legal and policy issues in areas such as jurisdiction, Internet governance, electronic contracting, content regulation and copyright. There will be sufficient flexibility to examine new issues as they arise.

Outcomes

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

  • apply knowledge and understanding of the law relating to the internet, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning key areas of comparative cyberlaw;
  • investigate, analyse and synthesise complex information concerning the application of selected areas of the law to the Internet;
  • conduct research into issues relating to the application of comparative law and policy to the Internet; and
  • use cognitive, technical and creative skills to solve complex problems relating to technology, law and policy.

Assessment

Class participation with a written paper (1500 words): 20%
One research assignment (6000 words): 80%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit will introduce students to the foundations and guiding principles of the evolving field of international environmental law. It explores the dynamics of the international legal system with a focus on the key actors, interests and ideas. Selected environmental issues will be examined in close detail in seminars incorporating student research and "reaction papers". Students are expected to contribute actively to the critical analysis of sources and mechanisms of international environmental law and to discussion of new approaches to global environmental problems.

Outcomes

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

  • apply knowledge and understanding in evaluating the effectiveness of various international environmental agreements and instruments;
  • investigate, analyse and synthesise contemporary global environmental problems from a variety of theoretical perspectives and frameworks;
  • conduct research into contemporary debates about state and non-state forms of environmental regulation in historical context and in the context of various theoretical understandings of regulation and governance; and
  • use cognitive, technical and creative skills to critically analyse the challenges of implementation, enforcement and compliance in international environmental law.

Assessment

1. "Reaction Paper" and Discussant (1875 words): 25%
2. Research essay (5625 words): 75%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This course will explore processes in which third-parties from various countries and cultures help people resolve disputes. Through readings, discussion, simulation exercises and outside research, students will critically examine the roles of:

  1. lawyers and other advocates negotiating on behalf of principals;
  2. mediators and neutral third parties facilitating the negotiation process;
  3. arbitrators, judges and clerics tasked with adjudicating disputes; and
  4. tribal councils and international tribunals involved in managing conflict. Classes will be designed to give students the theoretical framework to understand and evaluate dispute resolution processes in various contexts, as well as the skills to participate in the processes effectively.

Outcomes

At the successful completion of this Unit, students will be able to:

  • apply knowledge and understanding of the various ways in which different societies and cultures respond to interpersonal disputes;
  • investigate, analyse and synthesise in applying comparative methodology to distinguish between models of dispute resolution used by diverse social groups;
  • conduct research into how generalisations about culture might impact the propriety and effectiveness of a given model of dispute resolution;
  • use cognitive, technical and creative skills to critically analyse the use of adjudicatory and consensual processes in judicial systems around the world; and
  • communicate effectively and persuasively in identifying key features of an effective dispute resolution process given the type of dispute and the cultural context.

Assessment

1. Participation in class discussion and exercises: 20%
2. Research paper (2250 words) and in-class presentation: 30%
3. Research essay (3750 words): 50%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7650

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

The unit studies Canadian, Australian, English and US case law and theory on the principle of unjust enrichment. The unit will cover:

  1. the elements of the unjust enrichment principle,
  2. the substantive areas for which it appears to be the principle underlying the granting of relief,
  3. the remedies and defences that are available, and
  4. the applicability of the unjust enrichment analysis to restitutionary claims for benefits secured through wrongdoing.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of a range of current controversies in restitution and the law of unjust enrichment with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the unjust enrichment principle and to critically evaluate the effectiveness of restitution and restitutionary remedies within the private law, including the desirability of reform;
  • conduct research into relevant domestic and international materials on contemporary restitution law issues based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the law of restitution and unjust enrichment.

Assessment

Two research assignments (3,750 words): 100% OR one research assignment (7,500 words): 100%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
Previously coded as LAW7651

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit will provide a comparative survey of some of the modern principles of evidence. It will focus on the right 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; and
  • documentary and Real evidence.

Outcomes

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

  1. apply knowledge and understanding to the major general principles of evidence law as they apply to different legal jurisdictions, specifically Australia, Canada, the U.S. and some civilian jurisdictions with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the major differences and similarities of the evidence rules in the various jurisdictions;
  3. conduct research into the application and meaning of a number of specific rules of evidence by examining statute and case law from the various jurisdictions, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to the interaction of evidence law and related areas.

Assessment

Class participation: 10%; class presentation: 10%; research paper(2,250 words)30%; take home exam: 50%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, and assignment preparation and revision time over the duration of the course.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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.

Outcomes

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

  • apply knowledge and understanding of issues of private international law in commercial disputes involving a foreign element raises, and what those issues are, with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to how those issues would be addressed by a court in Australia, Canada, the European Union and the US;
  • conduct research into the theoretical and policy considerations underpinning the private international law of Australia, Canada, the European Union and the US, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate complex ideas and concepts relating to private international law and make suggestions for law reform.

Assessment

One essay (4500 words): 60%
Outline of Argument (1800 words): 24%
Reasons for Judgment (1200 words): 16%

Workload requirements

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

Chief examiner(s)

Prerequisites

LAW5003 or equivalent


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

The aim of this course is to consider the meaning of political liberty in Europe, US and Australia today. It will examine the theoretical underpinnings of many areas of human rights, such as free speech, privacy and political rights. To do so it will compare different traditions of Western thought that continue to influence our views on liberty. The course is based upon close readings of selected politico-legal philosophers, for example John Stuart Mill's "On Liberty", which argues for freedom of speech and action to the extent that this freedom is consistent with not harming others. Liberal and republican views of political freedom are contrasted, along with Kant's analysis that provides the theoretical underpinning of many arguments for human rights. While the course is structured around an examination of primary philosophical readings, the theoretical frameworks will be considered in the context of contemporary legal debates and concepts.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of key debates regarding the meaning of liberty for Western democracies;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the meaning of liberty with regard to law and to critically evaluate such concepts;
  • Conduct research into the concept of liberty based on knowledge of appropriate research principle and methods. Such research could include a critical analysis of contemporary debates on the meaning of liberty and its implications for areas of law, for example the development of privacy law and free speech; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Western understanding of liberty.

Assessment

Research assignment (3750 words): 50%
Take home examination (3750 words): 50%

Workload requirements

This will vary depending upon the demands of Prato and the timetable. Indicative hours would be: 6 hours a week for 6 weeks or 12 hours per week for 3 weeks. The total number of hours contact will remain 36.

This unit applies to the following area(s) of study


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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.

Outcomes

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

  1. apply knowledge and understanding of the varieties of ways in which law and religion configure in contemporary models of secularism and the social and political importance of these models, with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the interaction of law and religion in contemporary constitutional orders;
  3. conduct research into the legal and political systems, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate competing theoretical frameworks and to formulate, express, and support the student's opinions and arguments.

Assessment

Seminar participation: 10%
Presentations: 10%
Three critical essays based on the course materials, total word count for the three assignments to amount to 6,000 words: 80%

Workload requirements

Students are required to attend 36 hours of seminars over the duration of this intensive course.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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." 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.

Outcomes

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

  1. apply knowledge and understanding to the existing body of jurisprudence and major academic writings in the area of patentable subject matter with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the evolving principles and themes embodied in that jurisprudence and literature;
  3. conduct research into the application and meaning of issues in patent law, based on knowledge of appropriate research principles and methods;
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to novel aspects of patentability.

Assessment

Research assignment (6,000 words) 80%
Critical case comment (1,500 words) 20%

Workload requirements

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

This unit applies to the following area(s) of study


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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 analyse 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.

Outcomes

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

  1. apply knowledge and understanding of the principles of international litigation and arbitration and the legal framework governing international litigation and arbitration and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems, with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to concepts, theories and problems in international litigation and arbitration;
  3. conduct research into the international litigation and arbitration, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate ideas and arguments relating to international litigation and arbitration effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

Class participation: 10%
One research assignment (4,500 words): 60%
Examination: 30%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

"Game Theory" is often considered a subfield within the subject of "Law and Economics". This unit is aimed at providing an overview of Law and Economics and then refining that understanding with an expansive examination of Game Theory.

Topics in this unit will include, but are not limited to:

  • the impact of bicameral v. tricameral systems upon judicial decisions;
  • international agreements' influence upon domestic interpretations of the law;
  • decisions about specific political candidates and their impact upon macro-understandings within a government party;
  • the role of marginalisation upon how and whether issues become considered relevant by judicial and legislative bodies;
  • statistical data and its use by various parties to push their concerns forward;
  • trends in voting methods and how those processes encourage deliberation about municipal and state planning in the long term; and
  • the relevance of lobbying efforts by private entities and publicly-funded agencies.

Outcomes

On completion of this unit students will be able to:

  1. identify, synthesise and apply knowledge of key concepts in the field of law and economics, as well as detailed knowledge of game theoretic concepts
  2. demonstrate intellectual and creative skills to identify decision-making processes to which game theory can be usefully applied and to generate reasoned, practical and appropriate applications of predictive analysis
  3. observe and critically evaluate when strategizing about opposite parties' actions has made its way into litigation and judicial evaluation
  4. conduct research into complex game-theoretic concepts based on knowledge of appropriate research principles and methods; and
  5. communicate effectively and persuasively their understanding of research findings.

Assessment

1. Presentation Handout (1,125 words): 15%
2. Presentation: 10%
3. Research Assignment (2,250 words): 30%
4. Take Home Exam (3,375 words): 45%

Workload requirements

This will vary depending upon the demands of Prato and the timetable. Indicative hours would be: 6 hours a week for 6 weeks or 12 hours per week for 3 weeks. The total number of hours contact will remain 36.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit focuses on different types of families and how intra-family relationships are regulated under Australian family law and comparative overseas family law systems. The unit is designed to challenge students about notions of families and relationships. It looks at 'traditional' marriages as well as same sex marriages and de facto relationships in different jurisdictions. It looks at families formed through assisted reproductive technology, adoption and surrogacy. Once legislators intervene, courts need to interpret statutory frameworks in light of cultural values and social science knowledge. Students will examine how culture and social science influence legislation and case law. Students will also examine the notion of 'best interests' of the child and how this is determined in Australia and other jurisdictions.
This unit also challenges students to consider what constitutes child abuse and neglect. Students also examine emerging international issues such as international adoption, commercial surrogacy and international abduction of children.

Outcomes

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

  1. apply knowledge of and understanding of recent developments in relation to regulating relationships and different types of families in Australia and comparative family law systems with creativity and initiative to new situations in professional practice and/or further learning;
  2. investigate, analyse and synthesize complex information, problems, concepts and theories in relation to different types of families and how intra-family relationships are regulated;
  3. conduct research into regulating relationships and different types of families based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to how different families are formed and how intra-family relationships are regulated under Australian family law and comparative family law systems.

Assessment

20% class attendance and participation
80% research assignment of 6,000 words (presented in accord with the AGLC).
Suggested topics will be provided but students can devise their own research topic with the lecturer's approval.

Workload requirements

Students are required to attend 36 hours of seminars and undertake 108 hours of private study over the duration of the course, including reading, class preparation, assignment preparation, and revision.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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 non-state 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.

Outcomes

Upon successful completion of this unit students are expected to

  1. demonstrate a general grasp of the historical evolution of international environmental law and policy in response to the increasingly global nature of ecological problems;
  2. demonstrate a broad understanding of the diverse ideological character and claims of the modern environment movement and the major lines of contestation in the broader global environmental debate;
  3. be able to identify the different ways in which new environmental issues, actors, interests and agendas have challenged the basic norms and institutions of global governance, particularly the system of sovereign states, environmental multilateralism, and the norms and institutions of global economic governance;
  4. have a general understanding of the role of key individuals, actors and institutions involved in ecoterrorist activities;
  5. recognise the tensions and debates within the national, international and global communities, about the role of direct action and ecoterrorism;
  6. recognise and critically analyse the key groups often characterized as ecoterrorist including Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society;
  7. be able to evaluate critically the different global institutional responses to global ecoterrorism;
  8. have developed an appreciation of cross-cutting and emerging issues of international environmental law such as human rights, indigenous people, war and the environment and the perspectives of various actors in evolving those issues;
  9. have developed an ability to think critically and present a reasoned argument in relation to key developments and problems in international ecoterrorism law and policy; and
  10. be able to make an assessment of where global ecoterrorism can be expected to develop in the future.

Assessment

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

Workload requirements

Students are required to attend 36 hours of seminars and undertake 108 hours of private study over the duration of the course, including reading, class preparation, assignment preparation, and revision.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

Synopsis

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 analyze the rules for space applications (satellite telecommunications, satellite TV, earth observation, space flight, military uses).

Outcomes

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

  1. apply knowledge and understanding of key concepts and principles of air and space law, with creativity and initiative to concrete situations;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories of national and international legislation in the core areas of air and space law;
  3. conduct research in air and space law, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate ideas and arguments relating to national legislation in the core areas of space law.

Assessment

Research assignment (3,750 words): 50% OR
Research assignment (2,250 words): 30% and Mini moot court: 10% and presentation on research assignment: 10%
AND
Take-home examination (3,750 words): 50%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedMalaysia Trimester 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit will examine Australia's taxation laws from an international and comparative perspective. It will outline the broad features of the Australian tax system and compare and contrast these features with the broad features of the Malaysian and Singaporean tax systems. Aspects of certain other countries tax regimes will also be briefly considered. Similarities and differences between the various regimes will be highlighted, discussed and analysed. The unit will focus on income tax and goods and services tax. It will use the Australian tax system as the basis for further comparative discussion. Special attention will be devoted to discussing Australia's international tax rules and its international tax treaties with Singapore and/or Malaysia. Broad policy issues relating to the design of tax systems and international tax rules will also be considered.

Outcomes

At the successful completion of this unit, students will be able to:

  • apply knowledge and understanding of key aspects of the international taxation systems in Australia, Singapore and Malaysia;
  • investigate, analyse and synthesise complex information, concepts and theories relating to international taxation, and identify the advantages and disadvantages of various alternative ways of structuring international taxation arrangements;
  • conduct independent research into Australia's international tax rules and its international tax treaties with Singapore and/or Malaysia;
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to policy issues concerning the design of tax systems and international tax rules.

Assessment

Class participation: 10%
Class presentation: 30%
Research paper (2,250 words): 30%
Class test: 30%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prerequisites

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

The advent of the internet and the proliferation of ICTs have transformed the way we socialise and do business. However, these technologies may also be used to commit or facilitate the commission of crimes; so-called 'cybercrimes'. The transnational nature of modern communications means that cybercrime is a global problem; with offender and victim potentially located anywhere in the world. Adopting a comparative approach, this unit provides an overview of the challenges of cybercrime, and legal responses to those challenges. Topics to be covered include cybercrime investigations, hacking, identity theft, child exploitation offences, and online harassment. Although drawing primarily upon the experience of common law jurisdictions (Australia, Canada, the UK and the US), these responses will be considered in light of the principal international instrument in the area; the Council of Europe Convention on Cybercrime. There will also be discussion of international efforts to achieve harmonisation of cybercrime laws.

Outcomes

Upon successful completion of this unit students will have acquired or developed:

  1. an understanding of the ways in which electronic and telecommunication devices may be used in the commission of crime, and the challenges this presents to national and international law enforcement;
  2. the ability to critically investigate, analyse and evaluate, from a comparative perspective, complex national, regional and international responses to specific forms of cybercrime;
  3. enhanced skills of independent research and critical analysis based on knowledge of appropriate research principle and methods; and
  4. the enhanced ability to communicate effectively, both orally an in writing.

Assessment

1. Preparation of summary paper (750 words): 10%
2. Class participation: 10%
3. Take-home examination: 30%
4. Research assignment (3,750 words): 50%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prohibitions

LAW5353(previously LAW7280)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit will provide an overview of the origin, development and current status of human rights protection in Europe. Its primary focus will be on the European Convention on Human Rights and Fundamental Freedoms, which has established the most sophisticated and successful regional system of human rights protection in the world. The European Court of Human Rights, based in Strasbourg, holds to account member states for violations of the rights and freedoms guaranteed by the convention to over 800 million persons. The second component concentrates on the European Union and how on the basis of a few EU Treaty provisions - now reinforced by the Charter of Fundamental Rights - the Court of justice has fashioned a comprehensive and dynamic system of judicial protection.

Outcomes

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

  • apply knowledge and understanding of the European Convention of Human Rights, the case law of the European Court of Human Rights and the Convention's place within the constitutional and political structure of Europe;
  • investigate, analyse and synthesise debates surrounding controversial issues arising under European human rights law;
  • conduct research into issues relating to how the European Court of Human Rights has consistently updated the obligations on member states in the light of changing circumstances, especially social and cultural values; and
  • use cognitive, technical and creative skills to apply general human rights legal principles to specific problems.

Assessment

Class participation and class paper (1,875 words): 25%
One research assignment (5,625 words): 75%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit will examine from a comparative perspective, the legal and social issues relating to the protection of individual privacy against the state, the media, companies and other individuals. It will introduce students to comparative perspectives relating to the protection of privacy against intrusions and unauthorised disclosures, and relating to data privacy. In particular, the unit will focus on the challenges posed to privacy by new and emerging technologies. Case studies will be drawn from Australia, the UK, the European Union and the US.

Outcomes

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

  • apply knowledge and understanding, from a comparative perspective, of the law relating to the protection of privacy, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning privacy law and of the privacy threats posed by new technologies;
  • investigate, analyse and synthesise complex legal and policy issues relating to the balance between the right to privacy and other rights and interests, including the right to freedom of expression;
  • conduct research into issues relating to the application of comparative law and policy to the rights to privacy and data privacy;
  • use cognitive, technical and creative skills to solve complex problems relating to privacy, technology, law and policy.

Assessment

Class participation and class paper (1,500 words): 20%
One research assignment (6,000 words): 80%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prohibitions


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

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.

Outcomes

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

  • apply knowledge and understanding of the relationship between jurisprudential models and ADR, and intercultural aspects of mediation;
  • investigate, analyse and synthesise complex information concerning the theoretical frameworks which underlie the process of mediation and the differences between distinct models of mediation;
  • conduct research into theoretical and practical models of mediation and ADR; and
  • provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

1. Class participation: 10%
2. Response paper (750 words): 10%
3. Research paper (6000 words): 80%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Notes

Synopsis

The unit will begin with a philosophical overview of the concept of human dignity and then enter into a historical examination of why human dignity has emerged as an important constitutional principle in international law and some jurisdictions. International and national experiences with human dignity as a constitutional and/or human rights principle will be critically examined. Particular attention will be paid to the role of human dignity in the so-called Arab Spring and its aftermath.

Outcomes

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

  • apply knowledge and understanding of the ways in which human dignity is codified and adopted in legal decision-making in select jurisdictions;
  • investigate, analyse and synthesise complex information concerning the various theories and approaches to human dignity;
  • conduct research into theoretical and practical approaches to the use of human dignity in legal decision-making;
  • use cognitive, technical and creative skills in articulating the relationship between human dignity as a legal concept and social, political and economic forces that impact upon the ways in which human dignity is understood and adopted in a given jurisdiction; and
  • provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

1. Class participation: 20%
2. Reflective essay (1500 words): 20%
3. Research paper (4500 words): 60%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

This unit seeks to further understanding of two highly dynamic yet overlapping areas of international law, the legal order of the European Union (EU) on the one hand and Human Rights Law on the other hand. The EU presents itself as a highly developed international organization producing directly applicable law for European citizens and stretching its competences well beyond what most ordinary international organizations have been endowed with to date. But can it also serve as a role model when it comes to human rights protection? To answer this question the course will cover the foundations of EU and Human Rights Law. We will scrutinize various sources of human rights and how they interact with the supranational legal order of the EU. In so doing topical legal developments such as the entry into force of the EU Charter of Fundamental Rights and the forthcoming EU accession to the European Convention on Human Rights will be discussed and evaluated.

Outcomes

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

  1. apply knowledge and understanding of the interaction between the EU legal order and International Human Rights Law;
  2. critically assess and evaluate the system of human rights protections operating within the European Union;
  3. investigate, analyse and synthesise complex information from the judgments of the Court of Justice of the EU and the European Court of Human Rights and secondary materials on theoretical and practical perspectives relating to EU human rights law;
  4. use cognitive, technical and creative skills to identify human rights issues in factual scenarios and to develop complex arguments for appropriate legal responses to address these issues;
  5. communicate effectively, both orally and in writing, on complex human rights issues and the system of human rights protection in Europe and internationally; and
  6. reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Assessment

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

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prerequisites

LAW7470 or an equivalent introductory unit at another university

Prohibitions

LAW7155 or LAW7026


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedMalaysia Trimester 2 2015 (Day)

Notes

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Synopsis

In its first part, the unit will consider the nature, characteristics and objectives of Islamic Law and contrast them with other legal systems. In its second part, the unit will explore the historic development of Islamic Law from the time of the Prophet to the era of the Fiqh (Golden Era), as well as its current significance. In the third part of the unit, various branches of Islamic Law are considered in more detail. The focus is on Islamic family law, Islamic banking and takaful, and Islamic criminal law.

Outcomes

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

  1. apply knowledge and understanding of the nature, sources and fundamental principles of Islamic law;
  2. critically assess and evaluate the role of Islamic Law in the Malaysian legal system;
  3. investigate, analyse and synthesise complex information about certain branches of Islamic law, namely: Islamic family law, Islamic banking and takaful, and Islamic criminal law;
  4. use cognitive, technical and creative skills to identify issues of Islamic law in factual scenarios and to develop complex arguments for the appropriate application of principles of Islamic law to address these issues;
  5. communicate effectively, both orally and in writing, on current issues of Islamic law and the application of principles of Islamic law in Malaysia and internationally; and
  6. reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Assessment

Class participation: 10%
One research assignment (3,750 words): 50%
One take-home examination (3,000 words): 40%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

Chief examiner(s)

Prerequisites

LAW7470 or an equivalent introductory unit at another university.


12 points, SCA Band 3, 0.250 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (On-campus block of classes)
Clayton Second semester 2015 (On-campus block of classes)
Coordinator(s)The Director or Convenor, Higher Degree by Research

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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

See also Unit timetable information

Chief examiner(s)


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedAustralia (Other) 1-60A 2015 (Day)
Australia (Other) First semester 2015 (Day)
Australia (Other) 2-60A 2015 (Day)
Australia (Other) Second semester 2015 (Off-campus Day)
Australia (Other) Summer semester A 2015 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchanges programs to ensure fees and credit are processed accurately.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedAustralia (Other) 1-60A 2015 (Day)
Australia (Other) First semester 2015 (Day)
Australia (Other) 2-60A 2015 (Day)
Australia (Other) Second semester 2015 (Off-campus Day)
Australia (Other) Summer semester A 2015 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchanges programs to ensure fees and credit are processed accurately.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedOverseas First semester (Northern) 2015 (Off-campus Day)
Overseas First semester 2015 (Off-campus Day)
Overseas 2-60 2015 (Off-campus Day)
Overseas Second semester 2015 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchanges programs to ensure fees and credit are processed accurately.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedOverseas First semester (Northern) 2015 (Off-campus Day)
Overseas First semester 2015 (Off-campus Day)
Overseas 2-60 2015 (Off-campus Day)
Overseas Second semester 2015 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an oubound exchange program to ensure fees and credit are processed accurately.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedOverseas First semester 2015 (Off-campus Day)
Overseas Second semester 2015 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedOverseas First semester 2015 (Off-campus Day)
Overseas Second semester 2015 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


0 points, SCA Band 3, 0.000 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelPostgraduate
FacultyFaculty of Law
OfferedClayton Research quarter 1 2015 (Day)
Clayton Research quarter 1 2015 (External Candidature)
Clayton Research quarter 2 2015 (Day)
Clayton Research quarter 2 2015 (External Candidature)
Clayton Research quarter 3 2015 (Day)
Clayton Research quarter 3 2015 (External Candidature)
Clayton Research quarter 4 2015 (Day)
Clayton Research quarter 4 2015 (External Candidature)

Synopsis

This unit is used by the faculty and/or Monash Institute of Graduate Research to enrol students undertaking Higher Degrees by Research. Students will not be able to enrol in this unit via WES.