units

faculty-ug-law

Faculty of Law

Monash University

Monash University Handbook 2015 Undergraduate - 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester B 2015 (Day)

Notes

This unit is only offered to students who commenced prior to 2015. The new offering for students who commenced in 2015 and beyond see LAW1111.

Synopsis

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

Outcomes

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

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

Assessment

Multiple choice/matching Research Skills for Law quiz (1hour); 5%; Legal reasoning skills task (equivalent to 1000 words, 1 hour): 20%; Engaging with the Legal System Report and Reflection (1500 words) 30%; and examination (2 hours writing time plus 30 minutes reading and noting time): 45%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Mr Ross Hyams (Summer Semester B)

Prohibitions

LAW7212, LAW1100


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester B 2015 (Day)

Notes

This unit is only offered to students who commenced prior to 2015. The new offering for students who commenced in 2015 and beyond see LAW1112.

Synopsis

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

Outcomes

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

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

Assessment

Assessment Task 1
Research Report, comprising the proposed essay structure (1000 words) and the preliminary bibliography 20%

Assessment Task 2
Research Essay (2,500 words) not including final bibliography 50%

Class attendance, preparation and participation in class discussion and formal exercises for Writing component 20%

Research Exercise 10%
In class research exercise for Research component (500 words)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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.

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

Notes

This unit was previously coded LAW1101. This unit is only offered to students commencing in 2015 and beyond.

Synopsis

The unit examines the foundation and structure of the institutions and processes of the Australian legal system, including legal practice as a distinctive element within the Australian legal process. It introduces the sources of authoritative law - statutes, delegated legislation and judicial precedents. A case series is used to demonstrate the evolution of the common law within the constraints of the doctrine and practice of precedent. The unit provides foundational knowledge and skills in the interpretation of judicial precedents and legislation and their application in legal problem-solving. Students develop fundamental skills in legal research and legal writing.

Outcomes

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

  1. explain how the institutions of the Australian legal system shape the content and administration of the law
  2. reflect on the role and responsibilities of lawyers in the administration of justice
  3. demonstrate a developing awareness of the role of law in facilitating the formation, operation and regulation of private legal entities, and the commercial significance of law's role in this respect
  4. locate efficiently the current law on a legal issue using library resources critically evaluate the relevance, quality, authority and currency of the materials that they find
  5. find the statutes and related extrinsic materials relevant to answering a legal question
  6. extract and formulate legal propositions from judicial decisions, and assess their scope, legal validity and weight
  7. interpret, analyse, synthesise and apply the law when located, to solve a legal problem
  8. make a legal argument, or provide an opinion, and to do so clearly, accurately and concisely
  9. design and implement an efficient research strategy to answer a legal research question, using the most appropriate online and paper-based research tools
  10. identify the hallmarks of good legal writing, and use them to edit and improve their own writing.

Assessment

Assessment:
(1) Multiple Choice Questionnaire - 1hr on introductory material and legal reasoning (weeks 1 to 6) (equivalent to 1000 words) - 20%
(2) Written assignment on the legal profession and institutions, including a reflective component (1500 words) - 30%
(3) Final examination (two hours plus 30mins reading and noting time) - 45%
(4) Library research online quiz - 5%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Mr Ross Hyams (First Semester);
Associate Professor Douglas Guilfoyle (Second Semester)


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Notes

This unit was previously coded LAW1104. This unit is only offered to students commencing in 2015 and beyond.

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 should 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. critically examine the framework of Australian government with reference to a range of broader perspectives
  4. demonstrate an understanding of constitutionalism and the rule of law as values and modes of government that shape the broader political and institutional context within which particular legal issues arise
  5. articulate and critically examine the purposes and scope of the fundamental constitutional rules that govern the relationships between Parliament, the executive and the judiciary
  6. 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
  7. give a reasoned opinion as to the appropriate meaning of a legislative provision which takes adequate account of the law of statutory interpretation
  8. demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues.

Assessment

(1) Legislative research quiz - 5%
(2) 1 hour class test - 30%
(3) 2 hour examination - 65%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

Students in LLB(Hons)/BE(Hons) (L3002):
LAW1111 Foundations of Law

All other single or double degree LLB(Hons) students:
LAW1111 Foundations of Law
LAW1114 Criminal Law 1


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.

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

Notes

This unit was previously coded LAW2201. This unit is only offered to students commencing in 2015 and beyond.

Synopsis

The unit commences with an introductory study of the role and objectives of torts law in redressing and compensating civil wrongs, and its relationship with statutory compensation schemes. Students examine the intentional torts of false imprisonment and, trespass to land, the strict liability tort of and nuisance, and the unintentional tort of negligence. There is a detailed study of the elements of the tort of negligence - namely, duty of care, breach of duty, causation, defences and the assessment of damages - and the particular problems raised by negligently caused mental harm and pure economic loss. Students will also consider the principles and rationale of vicarious liability. Throughout the unit, students will explore the impact of statutory law reform, in particular the civil liability reforms, on torts law, in the broader context of how civil wrongs should be redressed.

Outcomes

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

  1. articulate and apply the fundamental principles of negligence law, false imprisonment, trespass to land and nuisance, including defences and remedies
  2. analyse the aims of torts law and its relationship with alternative schemes of compensation, and critically evaluate its role and effectiveness in redressing civil wrongs and compensating losses
  3. demonstrate intellectual and creative skills to articulate legal and policy issues, to research, interpret and synthesise relevant legal, policy and factual matters, and to formulate reasoned and appropriate responses to legal problems
  4. communicate effectively and persuasively
  5. learn and work autonomously and use feedback to improve their own capabilities and performance.

Assessment

Research assignment (case note): 30%
Final 2 hour exam (plus 30 minutes reading and noting time): 70%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111 and LAW1114

Co-requisites

For students enrolled in the LLB (Hons) course from 2015: LAW1112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Coordinator(s)Bronwyn Naylor

Notes

This unit was previously coded LAW3301. This unit is only offered to students commencing in 2015 and beyond.

Synopsis

The unit introduces the general doctrines, principles and aims of the criminal law and criminal justice system, introduces the roles of civil and criminal laws in relation to harms to the person, and examines the law relating to fatal and non-fatal offences against people. It analyses sentencing and access to compensation for victims of crime.

Outcomes

On 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 and broader theoretical and comparative perspectives
  2. research, evaluate and synthesise relevant factual, legal and policy issues and effectively communicate the results
  3. recognise and reflect on the professional responsibilities of lawyers to justice and to the community
  4. select, analyse, interpret and apply criminal law doctrines and principles to generate appropriate responses to simulated legal problems
  5. communicate and present criminal law ideas effectively and persuasively to specified audiences in a format appropriate to criminal law practice
  6. work effectively in a group and manage their own learning including time management and organisational skills.

Assessment

(1) Case analysis and report (1500 words): 30%
(2) Oral presentation/ plea making exercise (collaborative project with one or more colleagues conducted in tutorials): 10%
(3) Written report on plea making exercise (500 words): 10%
(4) Two-hour exam : 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Semester 1: Associate Professor Bronwyn Naylor
Semester 2: Mrs Rachel Kessel

Co-requisites

For students enrolled in the LLB (Hons) course from 2015: LAW1111


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

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: Contract A and Contract B. Contract A covers the introduction to contract law, the formation of contracts (including capacity and formalities), privity of contract, estoppel, and the incorporation, construction and validity of contractual terms.

Outcomes

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

  1. Identify and articulate legal issues that arise in scenarios involving contracts, including formation, privity, estoppel and contractual terms
  2. Select and use appropriate research tools and reasoning methods to synthesise and evaluate relevant legal and factual issues
  3. Interpret, evaluate and apply principles of contract law with awareness of broader social, economic and policy contexts
  4. Engage in critical analysis and exercise professional judgement in make reasoned choices among alternative interpretations and actions
  5. Apply legal reasoning and research to formulate appropriate responses to legal issues
  6. Collaborate and communicate effectively and persuasively
  7. Learn and work with autonomy, accountability and professionalism

Assessment

(1) Collaborative assignment (1000 words) (20%)
(2) Final exam, 2 hours plus 30 mins reading and noting time (80%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Co-requisites

For students enrolled in the LLB (Hons) course from 2015: LAW1111; LAW1113 and LAW1114

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW2100


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

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. Contract B builds upon Contract A, which covers the formation and terms of a contract. Contract B covers 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. Identify and articulate legal issues that arise in scenarios involving contracts, including performance, breach, termination, remedies and vitiating factors
  2. Use appropriate research tools and reasoning methods to synthesise and evaluate the relevant legal and factual issues
  3. Interpret, evaluate and apply principles of contract law with awareness of broader social, economic and policy contexts
  4. Engage in critical analysis and exercise professional judgement in make reasoned choices among alternate interpretations and actions
  5. Apply legal reasoning and research to formulate appropriate responses to legal issues
  6. Collaborate and communicate effectively and persuasively
  7. Learn and work with autonomy, accountability and professionalism

Assessment

(1) Collaborative assignment (1000 words) (20%)
(2) Examination (2 hours writing plus 30 mins reading and noting time) (80%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111; LAW1114; LAW2101 and LAW2112

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1112; LAW1113; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW2100


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.

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

Synopsis

The unit examines the Victorian and Commonwealth Constitutions; advanced principles regarding 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 implied 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. engage in critical analysis of 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, with particular attention to the interpretive techniques used and the principles or policies underlying the judgments and doctrines
  3. assess the constitutional validity of Commonwealth and Victorian legislation and executive actions and make reasoned choices among alternative interpretations and arguments
  4. research, synthesise, evaluate and apply constitutional law interpretive principles to generate appropriate responses to legal issues
  5. communicate and collaborate effectively and persuasively
  6. work with autonomy, independence and professionalism.

Assessment

(1) Tutorial participation 10%
(2) 1500 word research assignment 30%
(3) Final Exam (2 hours writing time plus 30 minutes reading and noting time) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Semester 1: Associate Professor Julie Debeljak
Semester 2: Dr Nadirsyah Hosen

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

Single degree LLB Hons students:
LAW1111 Foundations of Law
LAW1114 Criminal Law 1
LAW2101 Contract A
LAW1113 Torts

Double degree LLB Hons students:
LAW1111 Foundations of Law
LAW1114 Criminal Law 1
LAW1112 Public Law and Statutory Interpretation
LAW2112 Property A
LAW2101 Contract A
LAW1113 Torts

For students who commenced their LLB course prior to 2015:
LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later:

LAW2102 Contract B
LAW2112 Property A
LAW1112 Public Law and Statutory Interpretation

Double degree LLB Hons students:
LAW2102 Contract B

Prohibitions

For students who commenced their LLB course prior to 2015: LAW3200


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.

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

Synopsis

The unit examines theories of private property, 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, easements and mortgages; modes of creating and transferring the rights in law and equity; possession as a source of title.

Outcomes

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

  1. critically evaluate the purpose and scope of property rules with reference to relevant theories of property or broader perspectives
  2. apply interpretive techniques to synthesize legal principles from judicial decisions and legislation
  3. engage in critical analysis and use professional judgment to make reasoned choices among alternative interpretation and actions
  4. research, interpret and apply property law principles to generate appropriate responses to problem scenarios and legal issues
  5. communicate in ways that are effective, appropriate and persuasive
  6. learn and work independently.

Assessment

(1) class test (20%) and
(2) final exam (120 minutes plus 30 mins reading and noting time) (80%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Ms Sharon Rodrick (Semester 1)
Ms Nadine Huels (Semester 2)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114 and LAW2101

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Prohibitions

For students who commenced their LLB course prior to 2015: LAW3400


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Notes

This unit is only offered to students who commenced prior to 2015. The new offering for students who commenced in 2015 and beyond see LAW1113.

Synopsis

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

Outcomes

Students successfully completing this unit should have:

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

Assessment

Optional class test (50 minutes) 20% plus final examination (2 hours writing time plus 30 minutes reading and noting time): 80% for students who sat optional class test OR 100% for students who did not sit optional class test

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Co-requisites

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW2200


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Notes

This unit is only offered to students who commenced prior to 2015. The new offering for students who commenced in 2015 and beyond see LAW1113.

Synopsis

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

Outcomes

Students who successfully complete this unit should:

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

Assessment

Optional class test (50 minutes): 20% plus final examination (2 hours writing time plus 30 minutes reading and noting time):80% for students who sat optional class test OR 100% for students who did not sit optional class test.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2201

Co-requisites

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW2200


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.

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

Synopsis

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

Outcomes

On completion of this unit students will:

  1. understand the position of equity within the Australian legal system, and its relationship with the common law and its place within the system of judge-made private law
  2. understand, and be able to critically analyse key doctrines of equity, their development in Australia and in other legal systems, and their theoretical underpinnings
  3. be able to make competent judgements regarding the likely future development of equitable doctrines on a case by case basis
  4. be able to articulate the application of equitable doctrines and remedies to practical legal problems.

Assessment

Exam (3 hour writing time plus 30 minutes reading and noting time): 100% OR written assignment (2000) words: 40% AND exam (2 hour writing time plus 30 minutes reading and noting time): 60%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Richard Joyce (First Semester);
Dr Vicki Vann (Second Semester)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111
For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Malaysia Term 3 2015 (Day)

Synopsis

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

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

Outcomes

On completion of this unit, students will have:
a. knowledge and understanding of key concepts and principles of corporate law
b. knowledge and understanding of legislation and policy in the core areas of corporate law
c. an ability to think critically about the impact of these concepts, principles, legislation and policy on the social and economic context in which they operate
d. an ability to apply these concepts, principles, legislation and policy to new situations, including those induced by electronic and communications technology
e. an ability to conduct independent research in corporate law and convey the results of this and the above objectives both orally and in writing.

Assessment

One 2,000 word research essay 40% and final exam (2 hours plus 30 minutes reading and noting time) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW100 OR LAW1101 and LAW1102 or LAW1104; LAW2102


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Notes

This unit is only offered to students who commenced prior to 2015. The new offering for students who commenced in 2015 and beyond see LAW1114.

Synopsis

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

Outcomes

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

Assessment

Online Moodle Quiz: 10%
Class test: 30%
Tutorial participation: 10%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Co-requisites

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW3300


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Notes

This unit is only offered to students who commenced prior to 2015. The new offering for students who commenced in 2015 and beyond see LAW4332.

Synopsis

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

Outcomes

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

Assessment

Tutorial participation (10%) AND either examination (3 hours writing time plus 30 minutes reading and noting time): 90% OR examination (2 hours writing time plus 30 minutes reading and noting time): 60% and research assignment (1,500 words): 30%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3301

Co-requisites

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

For students who commenced their LLB course prior to 2015: LAW3300


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

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

Outcomes

On completion of the unit, students should have:

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

Assessment

Research Assignment (2000 words) 40% and examination (150 minutes plus reading and noting time of 30 minutes) 60% OR examination (150 minutes plus reading and noting time of 30 minutes) 100%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111
For students who commenced their LLB course prior to 2015:
LAW1100 or Law1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102 ; LAW3401 or LAW2112

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111

Prohibitions

LAW3400


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

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

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

Assessment

Research essay (2000 words): 40%
Examination (2 hours writing time plus 30 minutes reading and noting time): 60%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3300 or LAW3301 and LAW3302


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

Banking law and regulation have been subject to much scrutiny in the last decade, due to technological change and product innovation, increased globalization of financial markets, and the financial crisis of 2007. The result has, perhaps surprisingly, been one not of radical legal and regulatory change, but of largely an accommodation of old principles to new circumstances.

This course aims to provide an understanding of how this has played out in practice together with some discussion of the adequacy of the process and likely future directions.

Core topics will include:

  1. an outline of the banking system and its regulation and associated legal framework
  2. the banker-customer relation, and duties and obligations of the parties
  3. types of accounts and the actions available in relation to them
  4. negotiable instruments and their purposes and uses
  5. electronic banking
  6. consumer protection
  7. secured and unsecured lending
  8. documentary credits.

Outcomes

At the successful completion of this unit, students will:

  1. have acquired a basic understanding of the operation of the Australian banking system;
  2. be familiar with the general principles of law governing the Australian payments system and negotiable instruments;
  3. appreciate the legal relationship that exists between customers and their banks and the duties owed by each to the other;
  4. understand the day to day issues that can arise between banks and customers such as wrongful conversion of cheques, breach of confidentiality, appropriation of payments and recovery of money paid mistakenly;
  5. be familiar with the financial industry ombudsman system and its role in the mediation of banker-customer disputes;
  6. have acquired analytical tools relevant to solving problems arising out of the application of statute and case-law to specific banker-customer transactions;
  7. be aware of emerging trends in bankers' liability especially the impact of consumer protection legislation to banking business.
  8. be able to identify the legal issues respecting the lending practices of banks
  9. have developed an understanding of the nature of documentary letters of credit, their role in international trade and of the regulatory regime relating to them, and of with the relationship between the regime for documentary letters of credits and that relating to demand guarantees and standby credits, and also of the manner in which demand guarantees are utilized in project financing.

Assessment

Compulsory Assignment (max 2000 words) 40%

PLUS

Open book Examination (2 hours plus 30 minutes reading and noting time) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111;
LAW1114; LAW2101; LAW1112; LAW1113; LAW2102; LAW2111; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of this unit students should:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completing this unit students will have acquired or developed:

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

Assessment

Research assignment (2500 words): 50% and class presentation: 20% and examination: 30% (one hour in-semester)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

This unit focuses on issues in Australian constitutional law that are not covered in depth in either Principles of Public Law and Statutory Interpretation (LAW1112), or Constitutional Law (LAW 3201). Issues will be selected for examination depending on their current theoretical or practical importance. Examples include methods of constitutional interpretation (including tensions between the framers' original intentions and contemporary values); the nature of implications drawn from the Constitution; express constitutional rights (trial by jury and freedom of religion); compulsory acquisition of property; the separation of powers as source of implied rights; the "races power"; the defence power both in war and peace; parliamentary privilege; and the process of constitutional amendment. Other issues that acquire public prominence from time to time, such as proposals for constitutional amendment, may also be examined. Comparisons with the constitutional law of other jurisdictions will be considered where appropriate.

Outcomes

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

  1. Demonstrate an advanced understanding of the nature of constitutional law and constitutional interpretation in Australia, and especially its fundamental constitutional principles;
  2. Demonstrate the intellectual and practical skills needed in the complex process of constitutional interpretation.
  3. Articulate and critically examine contemporary issues relating to the Australian constitutional system;
  4. Demonstrate an advanced ability to evaluate the role and functioning of the High Court in contemporary Australian society, and its relationship with the elected branches of government;

Assessment

Class participation 10%; research assignment (2000 words) 40%; final examination (2 hours plus 30 minutes reading and noting time) 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3200; LAW3201

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon completion of this unit students should

  1. Define, interpret and reflect upon contemporary issues and problems in criminal law and procedure;
  2. Identify, analyse and elucidate the relevant principles, laws and precedents and apply them to resolve issues relating to clients with contemporary or advanced issues in criminal law and procedure;
  3. Critically assess policies and principles relating to the criminal law
  4. Demonstrate an advanced understanding of the intellectual and practical skills needed to interpret legal conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in criminal law
  5. Demonstrate an advanced understanding of the legal research and writing, and legal argument skills by undertaking systematic research into legal policy, rules, procedures and comparative perspectives relating to criminal law and procedure; and
  6. Demonstrate developed skills of oral presentation of criminal legal policy, rules and argument in an interactive learning context

Assessment

The methods of assessment in this Unit are
Compulsory research assignment (2500 words): 50%
Examination (2 hours writing and 30 minutes reading and noting time): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB course prior to 2015: LAW1104 Research and Writing, LAW1101 Introduction to Legal Reasoning, LAW3301 Criminal law and procedure A and LAW3302 Criminal law B

For students enrolled in the LLB (Hons) course from 2015: LAW1111 Foundations of Law, LAW1112 Public Law & Statutory Interpretation, LAW1113 Torts, LAW1114 Criminal Law 1,LAW2101 Contract A , LAW2102 Contract B, LAW2111 Constitutional Law, LAW2112 Property 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

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

Outcomes

On conclusion of this subject students should:

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

Assessment

Research paper (2000 words): 40%
Take-home examination (3000 words): 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

This unit will examine the following major areas:

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

Outcomes

On completion of the subject students should understand:

  1. the importance of the Fair Work Act 2009 (Cth) and the institutions it establishes in regulating all significant aspects of the Australian workplace relations system;
  2. the centrality of constitutional power in determining the federal government's capacity to establish a uniform national workplace relations system;
  3. how minimum standards for workers are set and enforced;
  4. the legal nature of enterprise bargaining and the role of protected industrial action in bargaining for terms and conditions of work; and
  5. how the Fair Work Act protects legislatively-defined workplace rights, including the freedom to choose whether or not to join a union.

Assessment

Class test (1hour plus 10 minutes reading time) or written research assignment subject to lecturer approval 1250 words: 25%
Examination (2 hours writing time plus 30 minutes reading time): 75%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW3111 and LAW3112

For students who commenced their LLB course prior to 2015:
LAW3200 OR LAW3201


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

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

Outcomes

Students completing the unit should be able to:

  1. Articulate and apply the fundamental common law and statutory principles of insurance demonstrating a sophisticated awareness of the surrounding regulatory and political environment.
  2. Demonstrate cognitive and critical skills in approaching complex issues relating to insurance law and the place of the sector in the community.
  3. Communicate effectively, appropriately and persuasively on issues relating to insurance law and practice.
  4. Provide and make use of feedback to assess their own capabilities and performance and to emphasise the importance of feedback in supporting personal and professional development.
  5. Evaluate the role of insurance law in regulating and facilitating commercial transactions.

Assessment

Assignment (For 2015: 2000 words. For 2016: 1250 words): 25% AND Examination (2.5 hours plus 30 minutes reading and noting time): 75%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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

Co-requisites

LAW2200 or LAW2201 and LAW2202

Prohibitions

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


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.

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

Synopsis

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

Outcomes

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

  • the fundamental principles of international law;
  • the theoretical framework of international law and its relationship with domestic law;
  • the crucial role of States, international institutions and individuals in the international legal system;
  • how international law is made and the complexity involved in interpreting and applying its sources;
  • how Australia interprets and applies international law in relation to its own legal framework;
  • the use of force and self-defence in international law;
  • international dispute resolution;
  • some of the different areas of international law;
  • the political context and nature of international law.

Assessment

Semester 1: Optional assignment (2000 words): 40% and examination (2 hours plus 30 minutes reading and noting time): 60% OR examination (3 hours plus 30 minutes reading and noting time): 100%
Semester 2: Two mandatory assignments: (i) an in-class test in week four of the semester (50 minutes plus reading and noting time): 20% AND a take-home examination (to be handed in during the examination period): 4000 words, 80%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Ms Nadine Huels (Semester 1)
Dr Deborah Whitehall (Semester 2)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW4331


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Students who successfully complete the course should have:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of this unit, students should have:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A 2015 (Day)

Synopsis

The Unit examines the principles of freedom of association for workers, the right to bargain collectively and the right to strike in international law. Students learn, interpret and apply the legal principles in Australian domestic law that govern these rights, with the main focus on the Fair Work Act 2009 (Cth) and case law applying the provisions of that Act. The Unit also examines the functions, legal status and regulation of Australian trade unions. The control of unlawful industrial action by the common law and the secondary boycott provisions are also examined.

Outcomes

On completion of the subject, students should be able to:

  1. appreciate the international sources of collective labour rights and assess the compliance of Australian law with specified international labour standards;
  2. determine the extent to which Australian workers are impacted, if at all, by any non-compliance by Australian law with international standards;
  3. understand and appraise the role of unions and assess the regulatory regime applying to Australian unions;
  4. research and apply the Australian law taught in the Unit to new problems to resolve these problems;
  5. debate and critically evaluate the need for, and the efficacy of, Australian law on collective labour rights.

Assessment

Internal assessment 40% comprising EITHER research assignment 2000 words OR case note 1500 words (30%) and class presentation on case (10%); AND
Examination (2 hours plus 30 minutes reading and noting time) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111;
LAW1114; LAW2101; LAW1112;
LAW1113; LAW2102; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of the subject a student should have:

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

Assessment

Examination (2.5 hours writing time and 30 minutes reading and noting time): 100% or research paper (2,500 words): 50% and examination (2.5 hours writing time and 30 minutes reading and noting time): 50%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB course prior to 2015: LAW1104 Research and Writing and LAW1101 Introduction to Legal Reasoning

For students enrolled in the LLB (Hons) course from 2015: LAW1111 Foundations of Law, LAW1112 Public Law & Statutory Interpretation, LAW1113 Torts, LAW1114 Criminal Law 1,LAW2101 Contract A , LAW2102 Contract B, LAW2111 Constitutional Law, LAW2112 Property A

Co-requisites

LAW3111 Equity and LAW3112 Corporations 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

This unit examines law, particularly international law, as a social question. It considers relationships between global law and power, authority, community, spatiality, dispossession, exploitation, violence and resistance in a variety of contexts: totalitarianism; genocide; revolution; rightlessness and colonialism. Classes will focus on a series of individual theorists to elucidate different ways to think about the social dimensions of global governance: Hannah Arendt; Pierre Bourdieu; Michel Foucault; Zygmunt Bauman; Alain Badiou; Frantz Fanon; and Jacques Derrida.

Outcomes

At the successful completion of this Unit, students will:

  1. Be aware of, and be able to demonstrate their grasp of, the significance of social theory to the understanding of law as a social phenomenon;
  2. Be aware of the nature of social theoretic scholarship, and of the theoretical and methodological underpinnings that distinguish research and scholarship in the social sciences and humanities from research in law;
  3. Be able to produce written work that is adequate relative to the theoretical and methodological underpinnings mentioned in (2);
  4. Have closely read a number of primary texts in the social theoretic tradition having implications for the study of legal topics (both classical and contemporary texts, demonstrating a range of social theoretic approaches);
  5. Be able to communicate, in written form, the outcomes of the reading described in (4), and thereby display familiarity with, articulate the content of and undertake sustained critical analysis of those texts, synthesise multiple texts, and integrate their own social theoretic insights;
  6. Learn and work autonomously and use feedback to improve their own capabilities and performance.

Assessment

Research essay (3000 words): 60%
Examination (2 hours writing time plus 10 minutes reading/ settling time): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104 or ATS2868/3868, ATS2869/3869 or ATS2905/3905


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

This Unit examines the individual employment relationship under the contract of employment and the rights and duties that arise under contract and from the National employment Standards in the Fair Work Act 2009 (Cth). Students will study the principles, rights and remedies in termination of employment, including protection from unfair dismissal and other general protections under the Fair Work Act 2009 (Cth), as well as statutory protection from discrimination at work. The Unit examines the legal distinction between employment and other work arrangements and the implications for workers and employers of the distinction.

Outcomes

On completion of this unit students will be able to:

  1. identify a contract of employment and explain the rights and obligations that flow from regulation by contract;
  2. distinguish between employees and other kinds of workers and critically evaluate the implications of the distinction for workers and employers;
  3. understand and apply the National Employment Standards of the Fair Work Act;
  4. recognise and apply the statutory protections available to individual employees under Australian workplace and anti-discrimination legislation;
  5. research the law of employment and apply the law to new problems to resolve them;
  6. critically evaluate the efficacy of the law in this area and debate the need for changes to the law.

Assessment

In semester assessment 40%, comprising EITHER research assignment 2000 words OR
case note 1500 words (30%) and class presentation on case (10%);
AND final examination (2 hours plus 30 min reading and noting) 60%
OR
Final examination (3 hours plus 30 min reading and noting) 100%, including 40% research component.

All students will also be required to complete a non-assessable review exercise around Week 6 of the course.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

Students will study the major contemporary theories of the nature of law and legal reasoning (positivism, natural law, interpretivism, realism), and the main lines of debates between them. These debates concern the nature and foundations of law, the relationship between law and justice, the nature of legal reasoning and the role of value-judgments and creativity in judicial decision-making, the meaning of statutes and constitutions, and judicial activism and fidelity to law. Students will also study how philosophical debates about these issues illuminate actual controversies in the practical administration of legal systems.

Outcomes

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

  1. Articulate and critically assess the major theories of the nature of law and legal reasoning, demonstrating sophisticated awareness of the main lines of debate between them;
  2. Demonstrate cognitive and creative skills in analysing the complex issues at stake in these debates, and the capacity to draw and defend well-reasoned conclusions;
  3. Communicate such analysis and conclusions effectively, appropriately and persuasively;
  4. Appreciate and explain how these debates illuminate actual controversies in the practical administration of legal systems.
  5. Learn and work autonomously and use feedback to improve their own capabilities and performance.

Assessment

Class Participation: (10%)
Compulsory research assignment 2,000 words: (40%)
Final examination: (2 hours plus 30 minutes and noting reading time): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2200 or LAW2201 and LAW2202 OR ATS2868/3868. ATS2869/3869 OR ATS2905/3905


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

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

Outcomes

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

Comprehend and critically analyse the laws pertaining to defamation, breach of confidence and privacy in terms of their impact on the media. This will involve reading, understanding and interpreting primary sources - both cases and legislation - and demonstrating an ability to apply them to complex factual scenarios.

Develop reasoned opinions as to whether the laws studied in this unit strike an appropriate balance between freedom of speech and the protection of reputation.
Communicate the substantive law, and their opinions thereon, effectively and persuasively with minimal errors in expression, grammar, spelling and punctuation.
Learn and work with autonomy and professionalism.

Assessment

A formative assessment task which is a non-graded hurdle requirement.
Optional written assignment (1500 words): 30% and final written examination (2.5 hours plus 30 minutes reading and noting time): 70%
OR
Final written examination including a 20% research component (3 hours plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

This unit is an introduction to feminist legal theory. It focuses upon reading some selected contemporary feminist philosophers' main texts in order to examine their arguments and to understand them within the context of philosophical problems that underpin law.
Some of the major issues include: autonomy, equality, freedom and the public/private divide.
The philosophers examined will vary from year to year but typical candidates are: Drucilla Cornell, Carole Pateman, Adriana Cavarero, Judith Butler.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge of, and understanding of recent developments in relation to Law, Gender and Feminism with creativity and initiative to further learning
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Law, Gender and Feminism
  3. Conduct research in Law, Gender and Feminism 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 Law, Gender and Feminism.

Assessment

Seminar participation: 10%,
seminar presentation: 10% and
take-home examination of 4,000 words maximum: 80%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

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

On completion of this unit students will be able to:

  1. Apply knowledge and understanding of comparative continental European legal systems 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 continental European legal systems;
  3. Conduct research in comparative continental European legal systems 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 comparative continental European legal systems.

Assessment

50% research essay 2,500 words
50% take home exam 2,500 words.

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

For students who commenced their LLB course prior to 2015: LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

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

Outcomes

Upon completion of this unit students should be able to:

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

Assessment

Group exercise: 10% and
Research paper (1500 words) 30% and
Examination (2 hours writing time plus 30 minutes reading and noting time) 60%
OR
Group exercise 10% and
Examination which includes a 20% research component (2 hours writing time plus 30 minutes reading and noting time): 90%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

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

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

Outcomes

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

  1. Explain and evaluate the principles and rules applied by Australian courts to civil cases in which not all facts are linked to a single jurisdiction;
  2. Analyse the aims of private international law and critically evaluate the underlying policies and theories;
  3. Demonstrate intellectual and creative skills to articulate legal and policy issues, to research, interpret and synthesise relevant legal, policy and factual matters, and to formulate reasoned and appropriate responses to legal problems;
  4. Communicate in ways that are effective, appropriate and persuasive; and
  5. Learn and work autonomously and use feedback to improve their capabilities and performance.

Assessment

Class Participation: 10%; Research assignment (max. 2000 words): 40%; and examination (2 hours writing and 30 minutes reading and noting): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101; LAW2102; LAW2201; LAW2202

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon completion of this unit students should

  1. Define, interpret and reflect upon the common law, constitutional and statutory framework that has applied to indigenous peoples of Australia, and particularly of Victoria;
  2. Identify, analyse and elucidate the relevant principles, laws and precedents and apply them to resolve issues relating to indigenous clients;
  3. Critically assess policies and principles relating to Indigenous people in order to promote a fair justice system recognising past and present injustices
  4. Demonstrate an advanced understanding of the intellectual and practical skills needed to interpret legal conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues
  5. Demonstrate an advanced understanding of the legal research and writing, and legal argument skills by undertaking systematic research into legal policy, rules, procedures and comparative perspectives relating to indigenous peoples and interests; and
  6. Demonstrate developed skills of oral presentation of legal policy, rules and argument in an interactive learning context

Assessment

The methods of assessment in this Unit are
Short reaction piece (response to texts) (1600 words): 20%
Research paper (2000 words): 40%
Examination (2 hours writing and 30 minutes reading and noting time): 40%
OR
Short reaction piece (response to texts) (1600 words): 20%
Examination (3 hours writing and 30 minutes reading and noting time): 80%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB Hons course: Foundations of Law, Criminal Law 1, Public Law & Statutory Interpretation, Torts, Contract A , Contract B, Property A, Constitutional Law;

For students in the LLB course: Pre-requisites: LAW1101 Introduction to Legal Reasoning; LAW 1104 Research and Writing.

Co-requisites

For students in the LLB Hons course: Equity, Corporations 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

Synopsis

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

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;

  1. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal problems that arise from international business transactions;

  1. 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;

  1. 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

Seminar participation: 10%, seminar presentation: 10% and take-home examination of 4,000 words maximum: 80%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A 2015 (Day)
Clayton Summer semester B 2015 (Day)
Clayton Trimester 1 2015 (Day)
Clayton Trimester 2 2015 (Day)
Clayton Winter semester 2015 (Day)

Notes

Intensive Offering Proposed Dates (see also unit timetable information):
Summer semester A 2015: Nov 23rd-27th
Summer semester B 2016: Jan 11th-15th
Trimester 1 2016: Feb 15th-19th
Winter semester 2016: Jun 27th-Jul 1st
Trimester 2 2016: Jul 18th-22nd

Students are also required to attend a final assessment to be scheduled following the intensive offering (date to be advised in the respective unit guide).

Quota applies

The number of places available for this unit is strictly limited to 42. In selecting applications, priority is given to those students who are closest to completion of the LLB or Law component of their degree, and then on the basis of academic merit.Apply onlineApply online (http://www.law.monash.edu.au/current-students/resources/forms/index.html) to register your interest in this unit.

Synopsis

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

Outcomes

Upon successful completion of the unit, students will:

  1. have an increased awareness of their own negotiating behaviour in a variety of contexts and be capable of analysing what works, what doesn't work, and why;
  2. possess a thorough and practical understanding of the theory of principled negotiation;
  3. be capable of making negotiation, mediation and conflict resolution decisions based on conscious, rational, informed choice, from a broad array of available tools and methods;
  4. demonstrate improved cognitive and creative skills in generating real-time appropriate responses in a variety of legal and interpersonal contexts;
  5. be able to recognise and reflect upon ethical issues as they arise and be developing an ability to exercise professional judgement;
  6. be able to collaborate and communicate in ways that are efficient, effective, appropriate and persuasive; and
  7. be able to reflect on and assess their own capabilities and performance, with a view to continuing personal and professional development.

Assessment

Contribution (attendance, engagement, contribution to others' learning) 10%
In-Class Assessment (exercise &/or role plays) 10%
In-Class Test 20%
Negotiation (role play & reflection) 30%
Assignment (analysis, 1500 words) 30%

Workload requirements

One week intensive (Mon-Fri, 9 am - 5 pm) plus time outside of class for independent preparation and study.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112

Prohibitions

LAW7251


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

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

Outcomes

Upon completion of this unit students should be able to:

  1. articulate and apply legal principles of constitutional, institutional and substantive law of the European Union, demonstrating sophisticated awareness of the functioning of European law and ability to solve problems in the area of European Union
  2. critically analyse and reflect upon the institutional structures and substantive policies of the EU, its relationship with its Member States and the wider world
  3. demonstrate appropriate legal research and reasoning skills in relation to European Union law
  4. communicate effectively and persuasively with others
  5. work autonomously, using feedback to improve on performance

Assessment

Class presentation and/or discussion: 10%
Optional research assignment: 30% (1,500 words)
Examination: 60% (2 hours) or 90% (3 hours) for those not doing the optional assignment

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

This unit provides students with an understanding of principles and concepts relating to financial disputes on relationship breakdown. Topics include:

  • The constitutional and jurisdictional contexts within which financial disputes are resolved
  • The resolution of property disputes (including binding financial agreements)
  • Dividing property on relationship breakdown
  • Applications for spousal maintenance
  • Superannuation and trusts
  • Injunctions and orders restraining the disposition of property (including against third parties)
  • Setting aside transactions to defeat claims

Outcomes

On completion of the unit students will be able to:

  1. comprehend and explain the essential concepts and policies underlying the division of family property and financial disputes in Australia including the broader context in which the system operates.
  2. critically evaluate the challenges and debates surrounding the division of property and maintenance on relationship breakdown including the ethical debates and professional responsibilities facing family lawyers.
  3. Identify, analyse and critically comment on disputes between parties to a marriage or parties in a de facto relationship involving issues of property and maintenance
  4. demonstrate reasoning skills and professional judgement which generate appropriate responses to complex statutory problems
  5. communicate effectively appropriately and persuasively on issues pertaining to financial disputes on relationship breakdown.
  6. learn and work autonomously and collaboratively and use feedback to improve their own capabilities and performance.

Assessment

Mid semester class test (one hour plus 10 minutes reading/noting time, closed book) worth 50% of the result AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result.
OR
Participation in the Family Law Assistance Program (25%) and a research assignment (1250 words) worth 25% AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3400 or LAW3401 and LAW3402

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Students who complete this course will:
a. identify and evaluate a knowledge of the common law and statutory principles which govern the relations between parents and children and between children, parents and the State and develop some understanding of the way in which these laws operate in practice
b analyse and interpret the jurisdictional issues and legal procedures relevant to the determination of such disputes
c research and evaluate theoretical and critical debates about the laws governing parents and children and the adequacy of current laws and procedures
d communicate effectively and persuasively on issues relevant to family law
e. evaluate and reflect on some of the skills necessary for practice in this area of the law and recognize ethical issues they may encounter in practice.
f. learn and work autonomously and use feedback to improve their own capabilities and performance

Assessment

Final examination (3 hours writing time plus 30 minutes reading and noting time): 100% OR final examination (2 hours writing time plus 30 minutes reading and noting time): 60% and either a research assignment (2000 words): 40% OR participation in the Family Law Assistance Program with both 2.5 days (over five x half days) practical component AND a file/court report (1500 words): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

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

Upon completion of this unit, students should:

  1. comprehend the background and nature of international refugee law
  2. Articulate and apply the international instruments applicable to asylum seekers, including the Refugees Convention, in particular the various elements of the definition of 'refugee' under the Refugees Convention
  3. Critically evaluate comparative state and regional practices towards refugee applicants and measures adopted to modify the Refugees Convention.
  4. Demonstrate legal research and reasoning skills to articulate legal and policy issues, to research, and to formulate reasoned and appropriate responses to legal problems in international refugee law
  5. Develop skills of oral presentation and argumentation in an interactive class context; and
  6. Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development; and Learn and work with autonomy, accountability and professionalism.

Assessment

Research assignment (2,500 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

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

Upon completion of this unit, students should:

  1. have a general understanding of the constitutional law and statutory framework that operate in the various countries of the Western liberal-democratic tradition;
  2. possess an understanding of the various alternatives in institutional design of principal constitutional organs, and the advantages and disadvantages of each;
  3. understand and be able to assess, in their societal contexts, the approaches to federalism in constitutions and court decisions from selected federal countries of the world;
  4. have specific understanding of the particular rights studied, and the framework for protection established under the relevant constitutional systems;
  5. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to breaches of individual rights and freedoms;
  6. be in a position to assess the merits and demerits of the approach to the protection of human rights pioneered in Canada and copied in Victoria;
  7. have further developed legal research and writing, and legal argument skills by undertaking systematic research into legal policy, rules and procedures and comparative perspectives relating to constitutional law and individual rights
  8. have developed skills of oral presentation of legal policy, rules and argument in an interactive learning context;
  9. be able to identify and assess the broad strands in constitutional interpretation used by Courts within the Western liberal-democratic tradition.

Assessment

1. Short paper (1,000 words): 20%
2. Take-home exam (3,000 words): 60%
3. Participation: 10%
4. Presentation: 10%

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3200 or LAW3201


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of this unit students should be able to:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3100/LAW3101 or LAW3200 or LAW3200/LAW3201


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.

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

Synopsis

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

Outcomes

On completion of this unit students should be able to:

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

Assessment

Written research assignment (2000 words): 40% and final written examination (2 hours plus 30 minutes reading and noting time): 60% OR final written examination (3 hours plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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

Co-requisites

LAW4169 and LAW3401


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon successful completion of this Unit, students should:

  1. Articulate and critically analyse the diverse cultural, philosophical, political and legal origins of human rights
  2. Evaluate the nature and degree of Australia's human rights obligations under international law and their impact on Australian law and practice
  3. Critically assess the variety of domestic legal forms by which human rights are expressed - constitutional, statutory, interpretive, common law and codes of practice and evaluate their role and effectiveness in implementing Australia's international human rights obligations
  4. Analyse and distinguish between the various Australian laws across the whole range of legal specialities that seek to, or in practice do, protect human rights in Australia
  5. Demonstrate cognitive and creative skills in articulating the institutional, policy and procedural mechanisms for human rights protection in Australia and evaluating the impact of statutory and common law changes on human rights protection in Australia
  6. Demonstrate legal research and reasoning skills in assessing the impact of statutory and common law changes on human rights protection in Australia
  7. Communicate effectively and persuasively in respect of legal rules and policies in an interactive learning environment.
  8. Learn and work with autonomy and utilise feedback in this unit and across their undergraduate studies to improve on their capabilities and relate the material covered to relevant aspects of other LLB units they have undertaken.

Assessment

Research paper (2,500 words): 50% OR Hanover Welfare Services Student Placement: 50% and exam (2 hours plus 10 mins reading time): 50% OR Examination (3 hours plus 10 mins reading time ): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB(Hons) course in 2015 or later: LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 or LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Clayton Summer semester A 2015 (Day)
Clayton Summer semester B 2015 (Day)

Synopsis

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

Outcomes

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

  1. Learn and work with autonomy, accountability and professionalism through a largely self-directed research project or practical professional project in an internship as appropriate
  2. Identify and articulate complex legal issues
  3. Apply legal reasoning and research to generate appropriate responses to legal issues
  4. Engage in critical analysis and make reasoned choices amongst alternatives
  5. Demonstrate cognitive and creative skills in approaching legal issues and generating appropriate responses and developing new understandings
  6. Demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues
  7. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences as appropriate for the particular research project.

Assessment

Research paper (5000-6000 words): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
LAW1101; LAW1104

This unit is offered for special purposes only. To apply contact the Law Undergraduate Student Services Office.

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Clayton Summer semester B 2015 (Day)

Synopsis

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

Outcomes

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

  1. learn and work with autonomy, accountability and professionalism through a largely self-directed research project or practical professional project in an internship as appropriate.
  2. identify and articulate complex legal issues
  3. apply legal reasoning and research to generate appropriate responses to legal issues
  4. engage in critical analysis and make reasoned choices amongst alternatives
  5. demonstrate cognitive and creative skills in approaching legal issues and generating appropriate responses and developing new understandings
  6. Demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues.
  7. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences as appropriate for the particular research project.

Assessment

Research paper (5000-6000 words): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon completion of this unit students should have developed:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A 2015 (Day)

Synopsis

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

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

Outcomes

On completion of the unit students will be able to:
a. comprehend and explain the essential concepts and policies underlying the Australian family law system including the broader context in which the system operates.
b. critically evaluate the challenges and debates surrounding family law including the ethical debates and professional responsibilities facing family lawyers.
c. identify, analyse and critically comment on disputes between parties to a marriage or parties in a de facto relationship involving issues of property, children and maintenance
d. demonstrate reasoning skills and professional judgement which generate appropriate responses to complex statutory problems
e. communicate effectively appropriately and persuasively on issues pertaining to family law.
f. learn and work autonomously and collaboratively and use feedback to improve their own capabilities and performance.

Assessment

Examination (1 hour writing time plus 10 minutes reading and noting time): 50% plus participation in a placement program (25%) with a written research assignment (25%) (1250 words): 50%

OR

Examination (1 hour writing time plus 10 minutes reading and noting time); 50% plus research assignment 2500 words 50%.

Workload requirements

Minimum total expected workload to achieve the learning outcome for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Ms Vicky Kordouli (Summer Semester A)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW2101; LAW2112;
LAW1112; LAW1113; LAW2102; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104 AND LAW2101 and LAW2102 and LAW2201 and LAW2202

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

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

Co-requisites

LAW5104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A 2015 (Day)
Clayton Summer semester B 2015 (Day)
Prato Term 2 2015 (Day)

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:

  1. Apply knowledge and understanding of the key principles in dispute resolution in international commerce with creativity and initiative to new situations for further learning;

  1. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the practical aspects of arbitration;

  1. Conduct research into the dispute resolution in international commerce to create new understandings of key developments that contribute to an understanding of how to draft arbitration clauses and how to enforce awards, based on knowledge of appropriate research principles and methods;

  1. 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 including an appreciation of international solutions to domestic problems.

Assessment

Two only of the following 3 options:
1. Assessed moot (each of four students will speak for 15-20 minutes): 50%
2. Research essay (2500 words): 50%
3. Examination - two day take-home: 50%

Workload requirements

Clayton - Minimum total expected workload to achieve the learning outcome for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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

The unit timetable link below is not applicable to the unit taught in Prato.

See also Unit timetable information

Chief examiner(s)

Professor Jeffrey Waincymer (Clayton, Summer semester B 2015)
Associate Professor David Lindsay (Prato 2015)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

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

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

Assessment

Individually assessed report relating to research undertaken for negotiations (500 words) 10%; group assessment exercise - simulation adversarial team negotiations - bilateral fisheries and offshore petroleum access agreements/treaties: 30%; research assignment testing ability to apply Law of the Sea doctrine to practical situations and problems (3000 words): 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

Prohibitions

LAW7033


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

  1. Articulate and apply principles of international criminal law and critically evaluate the doctrines and processes that have developed in terms of those principles, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning the law, as well as the broader political and social context within which international criminal law issues arise;
  2. Analyse and interpret key documents which codify and illustrate international criminal law, through their application to complex case scenarios.
  3. Communicate effectively, appropriately and persuasively on issues pertaining to the development of international criminal law and its implementation by applicable institutions.
  4. Learn and work with autonomy, accountability and professionalism, using feedback to improve their own capabilities and performance.

Assessment

Research Assignment 1,000 words: 20%
AND
Final Examination (2 hours plus 30 minutes reading and noting): 80%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3301 and LAW3302

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of this unit, students should:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

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.
Topics to be considered will then include: whether the criminal law should be codified, and what codification means; the role of intention in the criminal law and the different definitions of intention in various legal systems; murder, manslaughter and sexual offences (both consensual and non-consensual); crimes of omission; the prohibition of retrospective criminal offences, the right to silence, trial by jury and topics in sentencing law (including plea bargaining).
Throughout, there will be an emphasis on comparative analysis of the criminal law. Jurisdictions to be selected for comparison include the common law of some Australian States and England; statutory modifications of the common law, such as the partial abolition of the right to silence in England; common-law jurisdictions which have adopted entire criminal codes such as Canada, Malaysia, three of the Australian States and the federal jurisdiction in Australia; and civil-law countries, principally Germany but also, as materials are available, others (such as Spain).

Outcomes

Outcomes

On completion of this unit, students should:

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

Assessment

Class participation 10%; take-home examination (4500 words): 90%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

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

Outcomes

A candidate who has successfully completed this unit should:
a.be familiar with the different types of contracts used on construction projects and the pros and cons of each;
b.understand risk allocation and the different methods of project delivery;
c.be able to apply the contract provisions that relate to various issues that impact on construction projects such as variations, latent defects, delays and defective works and the legal ramifications of each;
d.recognise the different types of insurance required for construction projects and be able to critically assess the contractual provisions relevant to them;
e.have knowledge of the various statutes and regulations governing the construction industry; and
f.be able to write clearly, concisely and logically on issues relating to construction law.

Assessment

1,500 site visit report - 30% and examination (2 and a half hours writing time plus 30 minutes reading and noting time):70%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

The Unit explores the intersection of biotechnology and law. Possible social, cultural, economic and political concerns about the application of biotechnology techniques and the use of their products in various sectors, medical, agricultural and industrial, and the consequential demands on the law will be central to the unit. The unit focuses on Australian law but where useful, the approach taken in overseas jurisdictions is included. Topics include consideration of the difficulties in regulating science generally; examination of national and state regulatory systems for research and development using controversial biotechnology techniques, including genetic modification and cloning; analysis of the more significant legal concerns regarding access to genetic resources; evaluation of approaches to the regulation of end products of biotechnology.

Outcomes

On completion of the Unit students should have:

  1. coherent and advanced knowledge of the principles and concepts underpinning the application of traditional legal rules, and the development of new legal rules, to socio-economic issues raised by biotechnology;
  2. skills and knowledge to provide basic advice to scientists and those wanting to commercially exploit biotechnology and its outcomes on their rights and responsibilities in law;
  3. an understanding of the development of legal rules and institutions tailored to biotechnology (e.g., Australian Gene Technology Regulator; legislation governing human embryo research and cloning; regulatory approaches to genetics research and commercialisation);
  4. an understanding of, and the ability to critically analyse and evaluate, the interests and forces that influence and shape the development and application of the law to biotechnology;
  5. skills to review, analyse, consolidate and synthesis the above knowledge to identify and provide solutions to complex problems arising out of the practice or development of, or activities pertaining to, biotechnology;
  6. further developed their writing skills; and
  7. enhanced their skills of statutory interpretation in the context of technical and complex legislation.

Assessment

Examination (2 hours plus 30 minutes reading and noting time): 60 % and written assignment (2000 words): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completing the unit, students should be able to gain an understanding of:

  1. the ways in which various sectors of the consumer marketplace are regulated
  2. the regulatory and policy options available to regulators
  3. theories, and any supporting empirical evidence, regarding the ways in which consumers and businesses respond to regulatory settings
  4. the operation of relevant consumer protection laws and regulations in Australia.

Assessment

Compulsory Research assignment (1,500 words): 30% and
End of semester take home exam (3,500 words): 70%;

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Students will be able to:

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

Assessment

Examination (2 hours writing time plus 30 minutes reading and noting time) 40% and Research Essay (2,500 words) 50% and Literature Exercise (500 words) 10%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

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

Outcomes

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

Assessment

Research assignment (2000 words): 40%
Examination (2 hours plus 30 minutes reading and noting time): 60% OR Examination (3 hours plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

The unit teaches students about the international laws of armed conflict (LOAC), known also as International Humanitarian Law. It will cover the historical development and sources of LOAC, including the permissible methods and means of armed conflict; the protection regime under the Geneva Conventions, their Additional Protocols and the developing body of customary international law; the distinction between combatants and civilians; and enforcement regimes such as that under the International Criminal Court. It will also cover the imbalance of protection between international and non-international armed conflict, and the law of jus ad bellum, that is when war is legal and when it is illegal.

Outcomes

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

  1. identify, articulate, critically assess and apply the law of armed conflict, including its sources and modern application;
  2. understand, analyse and critically evaluate cases which apply the law of armed conflict;
  3. compare and contrast different regimes, including the human rights regime, and the different LOAC regimes applicable in international and non-international armed conflicts;
  4. demonstrate independent research skills to interpret and synthesise relevant legal and policy issues and apply them to a set of facts;
  5. Evaluate the role of international law in managing the phenomenon of armed conflict;
  6. communicate knowledge from this subject effectively and persuasively;
  7. Learn and work autonomously and assess their own capabilities, using feedback to improve performance.

Assessment

Final exam 2.5 hours (plus 30 minutes reading and noting time): 100% OR optional essay 2000 words: 40% AND final exam 2 hours (plus 30 minutes reading and noting time): 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Clayton Full year 2015 (Day)
Clayton Summer semester A 2015 (Day)
Clayton Summer semester B 2015 (Day)

Synopsis

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

Outcomes

Student who successfully complete this unit should:

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

Assessment

Research paper or papers (10000-12000 words): 100%

Chief examiner(s)

Prerequisites

LAW1100 OR LAW1101 AND LAW1102 OR LAW1104
Please note that there is an application form for this unit, available at: http://www.law.monash.edu.au/current-students/resources/forms/index.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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

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 payment, 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 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:

  1. 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;
  2. 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;
  3. 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;
  4. 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

Class participation: 20%
Take-home exam (4000 words): 80%

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

This unit focuses on forms of problem-solving, dispute prevention and dispute resolution outside the adversarial system. It examines ways of lawyering that employ non-adversarial, psychologically beneficial and humanistic methods of solving legal problems, resolving legal disputes and preventing legal difficulties. Students will learn about a range of non-adversarial processes in both the civil and criminal justice systems and the theories behind them. A focus of student learning will be upon understanding when the use of such processes may be appropriate or inappropriate. The aim of teaching students this is to help them to understand the role that lawyers can play in preventing conflict and in providing non-adversarial means of conflict management or resolution. Students will be asked to reflect upon the role that lawyers can and do play in non-adversarial processes and upon the ethics of legal practice in such circumstances.

Outcomes

Upon completion of this unit, students should:
a. Be able to critically analyse the nature of the adversarial system, including its benefits and pitfalls
b. Be able to describe the nature of non-adversarial justice, the theories behind the movement and the reasons for the perceived need for non-adversarial processes
c. Articulate and apply theories of interpersonal conflict, how disputes arise, conflict management and dispute prevention
d. Be able to explain and evaluate the theoretical underpinnings and the nature of a range of non-adversarial processes in civil, criminal and family law processes.
e. Learn and work autonomously, using feedback to improve their performance
f. Communicate effectively and persuasively both orally and in writing on issues relating to non-adversarial processes
g. Evaluate how lawyers can work effectively with non-adversarial processes
h. Comprehend and evaluate appropriate ethical standards of conduct of lawyers and other professionals working with non-adversarial processes
i. Demonstrate skills in observation and critical analysis of legal processes including making recommendations for changes or law reform

Assessment

Research essay or Placement Assignment (2500 words)- 50%

Take home exam (2500 words) - 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

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

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

The Unit deals with the following topics and issues:

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

Outcomes

The overall objective of this Unit is to acquaint students with the significant number of steps or decision-making stages of the criminal investigation process, and the law and practice in relation to those key decision-making points. Students will develop a good descriptive and analytical grasp of the whole criminal investigative process.
The area will be approached not only from the perspective of what the law is but also from a legal policy standpoint. Significant emphasis will be given to the fundamental political and philosophical questions which arise in criminal investigation, especially those concerning civil liberties and community interests.

Assessment

Class attendance and participation (10%)
2500 word research project (50%)
Take-home examination (40%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB course:
LAW1101 Introduction to legal reasoning
LAW1104 Research and writing

For students in the LLB Hons course:
Prerequisites:
Foundations of law
Criminal law 1
Public law and statutory interpretation
Torts
Contract A
Contract B
Property A
Constitutional law

Co-requisites:
Equity
Corporations 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

The objective of the unit is to have students engage in problem-based learning with a view to developing their skills in:

  • identifying relevant areas of law,
  • researching and reporting on appropriate areas of law,
  • integrating questions of evidence, procedure and substantive law,
  • considering the relevance of international and comparative perspectives and determining how to prioritize and integrate differing legal norms,

and to develop the students' methodological skills in approaching any complex problem in all areas of legal practice.

Assessment

Assessment will be out of the following range:
1. Class participation (optional up to 10%);
2. Class simulation (10%);
3. Preliminary written submission (500 word - 10%%);
4. Oral presentation of preliminary submission (15 minutes - 10%
5. Final report and presentation/simulation (10% per 500 words - comprising 60 or 70% of the marks depending on whether the student opts for a class participation mark)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Co-requisites

LAW3401


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon completing this unit, students should:

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

Assessment

Written assignment (3000 words): 60%
Examination (2 hours writing time plus 30 minutes reading/ settling time): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

This unit examines the ways in which Australian law defines and regulates the relationship between human and non-human animals. It introduces students to the key legal and ethical principles and regulatory regimes that relate to our treatment of animals. The unit examines the historical status of animals in law and considers competing philosophical theories and stakeholder interests that motivate the evolution of law in respect of animals. Students will analyse a selection of regulatory regimes under Australian state and federal law that apply to our interactions with animals, which may include: animals in scientific experimentation, in sport and entertainment, and in agriculture; the live export industry; companion animals; and wild animals. Although the primary focus of the unit will be upon the law in Australia, where relevant this will be compared to overseas jurisdictions.

Outcomes

A candidate who has successfully completed this subject should:

  1. demonstrate an appreciation of the policies and objectives underlying the regulatory schemes that apply to our treatment of animals;

  1. be in a position to critically analyse those policies and objectives in light of ethical considerations and international jurisprudence and to relate them to proposals for law reform;

  1. be in a position to provide basic legal advice to individuals, government actors, statutory bodies, corporations, and community groups as to their rights and obligations under the regulatory regimes that relate to the treatment of animals that are studied;

  1. communicate effectively, appropriately and persuasively on issues pertaining to Animal Law;

  1. have enhanced skills in legal research, reasoning and argumentation;

  1. learn and work autonomously and use feedback to improve their own capabilities and performance.

Assessment

(1) A formative assessment task which is a non-graded hurdle requirement.

(2) (a) Optional written assignment (1500 words): 30% and final written examination (2 hours plus 30 minutes reading and noting time): 70%;

OR

(b) Final written examination including a 20% research component (2.5 hours plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB Course:
LAW1104 Research and Writing and LAW1101 Introduction to Legal Reasoning

For students in the LLB(Hons) course:
Foundations of law
Criminal law 1
Public law & statutory interpretation
Torts
Contract A
Contract B
Property A
Constitutional law

Co-requisites

For students in the LLB(Hons) course:
Equity
Corporations 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Dr Ronli Sifris

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 will begin by providing an overview of transitional justice; it will consider the meaning of the term "transitional justice" and provide a framework through which the concept may be understood. The unit will then engage in a more detailed discussion of the actual transitional justice mechanisms before moving on to consider a number of case studies in order to ground students' understanding of the subject matter in concrete examples. In addition to exploring the transitional justice programs implemented in different countries, the unit will also engage in a comparative analysis of the various case studies and will examine a number of cross-cutting themes, such as gender and transitional justice.

Outcomes

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

  • understand the meaning of "transitional justice" and its application in different contexts.
  • recognise the complexities and context specific nature of a comprehensive transitional justice program.
  • analyse a transitional justice program from an interdisciplinary perspective.
  • critically evaluate the use of different transitional justice mechanisms in a number of different contexts.
  • examine the applicability of transitional justice mechanisms within the Australian context.
  • communicate effectively and persuasively both verbally and in writing.
  • conduct comprehensive interdisciplinary research.
  • learn and work both autonomously and collaboratively and use feedback to improve their own capabilities and performance.

Assessment

Class Presentation: 10%
AND
Optional Assignment: 30% (1,500 words) OR
Write-up of class presentation (ungraded hurdle requirement)
AND
Take-home exam: 90% / 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
Pre-requisites: LAW1101 Introduction to legal reasoning and LAW1104 Research and Writing

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Ms Kathryn James

Synopsis

The primary function of taxation - to raise revenue to finance the operation of the state - gives rise to many issues which lie at the heart of the relationship between the citizen and the state and speaks to the nature of our economic, social and political system. Key issues include:

  1. The role of taxation in a market economy;
  2. Who should bear the burden of taxation?
  3. What should be taxed - income, consumption, wealth/resources?
  4. 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. The link between the tax and transfer system or, more specifically, the link between taxation and the modern welfare state;
  6. The political influence of individuals and groups in shaping tax policy and legal outcomes.

The subject introduces students to the various disciplines relevant to shaping and understanding taxation including economics, politics and law. It equips students with skills of policy analysis to enhance their understanding of tax law and policy in contemporary Australia.

Outcomes

  1. Evaluate the role of taxation in the modern Australian state and within a market economy.
  2. Critically analyse the Australian tax system from a range of policy and disciplinary perspectives including law, economics, politics and philosophy.
  3. 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).
  4. Assess the role of key norms and values such as equity, efficiency and justice in the tax policy debate.
  5. Develop and apply an understanding of how debates in relation to tax policy affect the practical administration of tax laws. Develop and refine skills of policy analysis to interpret, synthesise and critically evaluate legislative provisions and case law from a broader policy perspective.
  6. Demonstrate research and reasoning skills and professional judgement to generate appropriate responses to complex legal and policy problems
  7. Effectively communicate complex ideas in oral and written form.
  8. Collaborate with teaching staff and students in the development of an ongoing dialogue and critical assessment of the policy and legal issues within the Australian tax system.
  9. Actively participate in class discussions and make use of feedback to strengthen knowledge of key issues.

Assessment

Class participation - 10 percent; Compulsory written assignment (2000 words) - 40 percent; 2 hour exam
30 minutes reading time - 50 percent

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112

Prohibitions

Nil


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

This unit focuses on the avoidance, management and resolution of construction disputes. It critically analyses the causes of conflicts and disputes, and the role that the construction contract plays. Students explore various dispute avoidance processes (DAPs) that can prevent conflicts from escalating into disputes, and examine various 'real time' dispute resolution methods that can be used during the course of a construction project to manage and resolve disputes. Students also explore the processes that are available for resolving disputes that remain outstanding after a project has been completed, including ADR, arbitration and litigation. Students will engage in comparative analysis of construction dispute resolution processes used in other jurisdictions. Students will analyse traditional and alternative ways of resolving construction disputes and learn to research and write on construction dispute resolution issues.

Outcomes

A candidate who has successfully completed this unit should:

a.be able to articulate and explain the causes of construction disputes and the factors contributing to the escalation of construction conflicts into construction disputes;
b. identify and distinguish between different types of dispute avoidance processes (DAPs) used on construction projects around the world and evaluate the pros and cons of each;
c. be able to explain the ways in which parties can engage in 'real time' resolution of construction disputes during the course of a project, and the legal ramifications of such processes;
d. be able to compare and contrast different ADR options available (mediation, expert determination, senior executive appraisal and early neutral evaluation) and identify the factors that influence the suitability of each for particular construction disputes;
e.be able to critically evaluate the use of arbitration for the resolution of construction disputes at both a domestic and international level;
f.be able to describe and outline the regulatory regimes governing domestic and international arbitrations of construction disputes;
g.be able to assess the judicial systems in place in Australia and other countries for the determination of construction litigation and the need for reform; and
h.be able to undertake scholarly research and write clearly, concisely and logically on the avoidance, management and resolution of construction disputes.

Assessment

Research paper (1,500 words): 30%

Final Exam (2 and a half hours plus 30 minutes for reading and noting): 70%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR 2101 AND 2102

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

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

Outcomes

This unit aims to:

  1. provide students with a detailed understanding of the strengths and weaknesses of the main theories of statutory interpretation
  2. provide students with a detailed understanding of the High Court of Australia's current approach to statutory interpretation, and some of the key criticisms of that approach and
  3. improve students' skills of analysis and critical reasoning, by exposing them to the sophisticated debates between judges and academics in both Australia and the United States concerning statutory interpretation, and by requiring students to participate in those debates both in the research assignment and in the essay-based examination.

Assessment

There will be two assessment tasks for the unit:

1. a compulsory 2,500 word research assignment, worth 50% of the total mark for the unit; and
2. a two hour final examination, worth 50% of the total mark for the unit.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1101 and LAW1104 (or equivalent from another institution)


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Dr Gerry Nagtzaam

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

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

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. recognize 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
  10. be able to make an assessment of where global ecoterrorism can be expected to develop in the future.

Assessment

Individual seminar presentation (1,000 word paper submitted to the lecturer combined with a 20 minute presentation to other class members on a chosen topic): 20% and a take-home examination of 4,000 words maximum: 80%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1101 and LAW1104 or other equivalent introduction to law courses offered 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

The Global Lawyer focuses on international and transnational practice. It takes students beyond the traditional Australian and common law concentration. Students will be introduced to legal systems from other countries, explore strategies for international research, and develop skills necessary to practice in different cultures and systems, and to interact with clients and lawyers from other jurisdictions.
This unit aims to introduce students to the increasingly important implications of practicing global law, and understanding the impact of digital technologies in legal practice, and in the lawyer's own professional identity, including the impact of social media. It seeks to make students aware of the opportunities in international practice as the role of traditional lawyering is broadened, as well as the responsibilities of being a global, digital lawyer.
Students will start by exploring the origin of transnational practice, highlighting the importance of today's lawyer engaging in global practice. Students will then be introduced to the ethical concerns and responsibilities involved in being an international lawyer, before moving onto an overview of the domestic legal systems of important players in the international legal arena. A discussion of the impact of global legal practice on minorities within the legal community will encourage students to think of the larger socio-economic implications of cross-border practice. International management and firm operation will be dealt with as students are challenged with the problem of how to maintain local identity while providing international service.
Students who have engaged in global lawyering experiences as a part of Monash's extensive global internship opportunities will be encouraged to give short presentations on their experiences.
Students will critically engage with Richard Susskind's technological vision of legal practice, and explore the role of digital tools in the practice of law. Issues such as the changing use of digital technology, modern understandings of privacy and control over information, copyright and ownership of data, and issues of data retention, data security, legal informatics and legal professional ethics will be considered.

Outcomes

Students who successfully complete this unit will:

  1. Be able to critically examine the domestic legal systems of key nations, and demonstrate an awareness of relevant cultural sensitivities and the role of contextual factors such as politics and management.
  2. Understand the way in which the legal profession has developed around the world resulting in its modern transnational nature, in particular the role of lawyers in international legal affairs as counsel, negotiator, regulator or representative of individuals, companies or countries.
  3. Be able to identify the multifaceted roles of lawyers in cross border negotiations, transactions and disputes, or as they practice domestic law in foreign jurisdictions.
  4. Have a deep knowledge and appreciation of the opportunities and obligations of global legal practice.
  5. Be able to identify and manage the ethical concerns and responsibilities associated with practicing transnational law, including issues facing minorities within the global legal profession.
  6. Have the skills to undertake international legal research, writing and communication, including through the use of digital technologies.
  7. Be able to identify relevant multilateral bodies and understand the importance of their role and the impacts of their decisions for the domestic legal profession in both monist and dualist countries.
  8. Be able to articulate knowledge of the processes involved in conducting international transactions and disputes.
  9. Be able to identify and critique the issues facing the global lawyer and the global law firm, reflecting on accountability mechanisms within international practice.
  10. Be able to critically discuss the changing uses of digital technology, modern understandings of privacy and control over information, copyright and ownership of data, and issues of data retention, data security, legal informatics and legal professional privilege.

Assessment

Research Paper (1,500 words) - 30%
Final Exam (open book) (2 & a half hours plus 30 mins for reading & noting) - 70%

Workload requirements

(Class contact) 4 hours per week over 9 weeks

See also Unit timetable information

Chief examiner(s)

TBA

Prerequisites

For students who commenced their LLB course prior to 2015:
LAW1101 Introduction to legal reasoning
LAW1104 Research and writing

For students enrolled in the LLB (Honours) course from 2015:
LAW1111 Foundations of law
LAW1112 Public law and statutory interpretation
LAW1113 Torts
LAW1114 Criminal law 1
LAW2101 Contract A
LAW2102 Contract B
LAW2111 Constitutional law
LAW2112 Property A

For other students:
Equivalent introductory units from another university

Co-requisites

For LLB (Honours) students only:
LAW3111 Equity
LAW3112 Corporations law

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

Students in this unit are required to have completed Copyright & Designs as a pre-requisite in order to give them the foundations necessary to tackling the complex legal, theoretical, political and pragmatic considerations that influence global copyright law. The unit will commence with an introductory lecture drilling into the philosophy and theoretical justifications for copyright. The remainder of the classes will take the form of seminars, with each focusing on a specific copyright issue of global or national significance. Readings will present the often diametrically opposed views of the various stakeholders, and guest speakers will provide additional richness of viewpoint.

The curriculum will change as new issues emerge, but topics may include:

  1. Large-scale copyright infringement. Why do people engage in copyright infringement? What is the real impact of infringement on rightholders? What are some of the possible regulatory and non-regulatory responses to the challenge posed by digital distribution technologies?
  2. Graduated Response. What is the case for requiring ISPs to act as copyright police over their users? When should they be held liable for their users' infringements? How effective are the schemes in operation to date? What are the Australian proposals for reform and who do they benefit?
  3. Copyright exceptions. How do Australia's exceptions stack up internationally? What should we be trying to achieve with them, and are we succeeding in doing so? Questions might include - should we introduce a remix/mashup/transformative work exception for creators? Should we have a broadcast timeshifting exception, and if so, what should it look like? What's the case for and against the adoption of 'fair use'?
  4. Orphan works. What is the orphan works problem? What causes it? How might the law be reformed to better promote the dissemination of knowledge? What are the international obstacles to reform?
  5. Regulation of online copyright infringement. Examine international agreements such as ACTA and the TPP, and domestic bills like SOPA/PIPA and consider a. the problems they were attempting to fix, b. the reasons why they failed, and c. other potential reforms that might achieve those aims.
  6. Recognising and rewarding authors. How good is copyright at making sure authors get paid? What are the particular challenges faced by authors and how are they evolving? Are there alternative ways of allocating rights and responsibilities that would achieve better outcomes for authors? Does the existing moral rights regime adequately protect creators' non-economic interests in their works?
  7. Anti-circumvention. Why do we have anti-circumvention laws, and what are their implications for the future? Are they appropriately tailored to the challenges posed by digital distribution? Should they permit activities such as the "jailbreaking" of consumer electronics devices?
  8. Protection of factual compilations and computer-generated works. What exactly is the current law in Australia, Europe and the US? What are the options for reform? How should the copyright law protect compilations of facts and computer-generated works, if at all?
  9. Rethinking copyright. If we were able to draft a copyright law from scratch, from the ground up, what might it look like? Which of these reforms would be permitted under our existing and proposed international obligations?

Outcomes

Upon completion of this unit students should be able to:

  1. Identify, evaluate and synthesise relevant legal and policy issues in relation to global copyright law;
  2. Demonstrate cognitive and creative skills in analyzing complex issues pertaining to domestic and international copyright law;
  3. Critically evaluate the effectiveness of existing policies and likely effectiveness of various proposals against copyright's theoretical rationales;
  4. Communicate and advocate effectively and persuasively, both orally and in writing, on issues relating to copyright policy;
  5. Reflect on and assess their own performance, including by taking into account feedback on earlier work, to improve their capabilities and understanding.

Assessment

Three short position papers during semester (1000 words each, 3 x 20%): 60%
Seminar presentations of position papers (3 x 10%): 30%
General class participation: 10%

Workload requirements

(Class contact) 36 hours per week, per semester

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB course prior to 2015:
LAW1101 Introduction to legal reasoning
LAW1104 Research and writing
LAW4341: Copyright & Designs

For students enrolled in the LLB (Honours) course from 2015:
LAW1111 Foundations of law
LAW1112 Public law and statutory interpretation
LAW1113 Torts
LAW1114 Criminal law 1
LAW2101 Contract A
LAW2102 Contract B
LAW2111 Constitutional law
LAW2112 Property A
LAW4341: Copyright & Designs

For other students:
Equivalent introductory units from another university

Co-requisites

For LLB (Honours) students only:
LAW3111 Equity
LAW3112 Corporations law

Prohibitions

LAW7489: Current Issues in Copyright (LLM)


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

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

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

Outcomes

On completion of this unit students should be able to:

  1. demonstrate and apply specialised knowledge of a range of torts other than negligence as well as of current controversies in torts law;
  2. demonstrate advanced skills in interpreting civil liability legislation, torts law cases, academic commentary and law reform materials and applying them to solve practical problems and to evaluate torts law policy 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 current controversies in torts law; and
  5. write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of contemporary torts and torts-related issues.

Assessment

Class participation: 10 %
Research paper (2,000 words): 40%
Examination: 50 %

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW2201 Torts A (or equivalent in the new LLB Hon)

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Students who successfully complete this unit should:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW4171


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Clayton Summer semester A 2015 (Day)

Synopsis

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

Outcomes

Students who successfully complete the unit should:

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

Assessment

Examination (2 hours plus 30 minutes reading and noting time): 50%
Drafting test: 20%
Quiz: 10%
Group presentation on alternative dispute resolution: 10%
Individual reflection (500 words): 10%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Ms Tania Penovic (First Semester)
Professor Jeffrey Waincymer (Second Semester)
Dr Tania Penovic (Summer Semester A)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Quota applies

The number of places available in this unit is 60

Synopsis

This unit examines the interaction between science, medicine, technology and the law. It focuses on the issues that arise when experts give forensic evidence in legal proceedings. Each week experts will present lectures about their areas of expertise. Topics include:

  • field investigations (e.g., crime scene investigation, fire and explosion investigation);
  • death investigations (e.g., forensic pathology, forensic odontology, forensic anthropology);
  • forensic medicine (e.g., investigation of adult and child sexual assault);
  • mental health evidence (e.g., forensic psychiatry, forensic psychology);
  • comparison evidence (e.g., fingerprints, ballistics, toolmarks, document examination);
  • biological and chemical evidence (e.g., DNA, drug analysis, chemical trace evidence);
  • technological evidence (e.g., digital evidence, AV evidence).

Outcomes

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

  1. Identify and articulate the challenges presented and the tensions which arise when forensic evidence is tendered in legal proceedings;
  2. Critically assess forensic evidence in a range of fields, in order to identify its strengths and weaknesses;
  3. Recognise and reflect upon the ethical issues that may arise when forensic evidence is given in legal proceedings, and the professional responsibilities of lawyers in addressing these issues;
  4. Demonstrate research skills and the reasoning and professional judgment required to formulate appropriate responses to complex legal problems involving forensic evidence;
  5. Communicate effectively and persuasively on issues relating to forensic evidence;
  6. Learn and work autonomously and use feedback to improve their own performance.

Assessment

Research paper (2500 words): 50%
Examination (2 hours plus 30 minutes reading and noting time): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3301; LAW3302

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of this unit students should:

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

Assessment

Written assignment (3000 words): 60% and 2 hours examination (plus 10 minutes reading time): 30% and class participation: 10%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester B 2015 (Day)

Synopsis

This course deals with the legal framework within which offenders are sentenced locally and nationally. It will examine sentencing principles applicable under state and federal law in Victoria. The course will examine the sources of sentencing law; the distribution of sentencing authority between the legislature, judiciary and executive arms of government; the control of sentencing discretion; the role of counsel in the sentencing hearing; plea negotiation, and the opportunity for public and victim input. Main sentencing measures and procedures currently utilised will be explored. The problems of sentencing special offender groups and special sanctions such as confiscation of the proceeds of crime will also be examined if time allows. The unit may cover:

  1. Introduction to the legislative, judicial and executive framework of sentencing authority in a federal system of government.
  2. Content of the Sentencing Act 1991 (Vic) & Crimes Act 1914 (Cth), Part 1B
  3. Courts exercising sentencing powers.
  4. The sentencing hearing - role of the trial judge; roles of prosecution and defence counsel; plea negotiation; victim impact statements; the role of the Sentencing Advisory Council; role of the media and the community.
  5. Evidentiary rules and burden of proof at the sentencing hearing.
  6. Plea making: mitigation and aggravation.
  7. Philosophical underpinnings: retribution deterrence, community protection, denunciation, rehabilitation, mitigation and mercy.
  8. Sentencing principles: nature of the crime; nature of the offender; response to the charges
  9. Main sanctions: fines; restitution and compensation; confiscation and disqualification; unsupervised release; community correction orders; custodial orders; parole.
  10. Special offender groups e.g. juveniles; sex offenders.
  11. Controlling sentencing discretion - the various models.

Outcomes

Upon completing this unit, students should:

  1. possess an overview of the legal framework within which offenders against federal and state law in Victoria are sentenced or subjected to other measures such as civil action for confiscation of proceeds of crime under state or federal law, or administrative sanctions such as infringement notices, or other post sentence sanctions such as detention and supervision orders, or orders made under the Sex Offenders Registration Act 2004 (Vic);
  2. appreciate the role that problem-oriented or solution-focused courts have in relation to the sentencing of drug dependent or mentally disordered persons, family violence offenders and Koorie offenders;
  3. understand some of the empirical and criminological dimensions of sentencing;
  4. have obtained an overview of different philosophical underpinnings of the sentencing systems.

Assessment

30% written assignment of 1500 words AND an individual research paper of 3500 words 70%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW3300 or LAW3301 and LAW3302


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

This course provides a general introduction to the public international law of the sea with a focus on questions of maritime security, the international movement of shipping and environmental management. Maritime security, as studied in this course, encompasses such threats as terrorism, high seas piracy and the smuggling of drugs, migrants and weapons of mass destruction. The course will also examine questions of military activities, intelligence gathering at sea and maritime environmental protest. Ninety percent of the world's goods move by sea and we will cover the law governing the free movement of merchant and government ships. International trade, however, may also pose threats to the environment. This course will examine the legal questions raised both by vessel source pollution and the problems of exotic species being transported in ballast water. As a major coastal State, the law of the sea touches on vital questions of Australia's national interests many of which we will explore over the semester.
This course may be undertaken without previously having studied International Law of the Sea I. It does not cover questions of commercial maritime law such as the carriage of goods by sea and marine insurance.

Outcomes

Upon completion of this unit students should be able to:

  • understand and apply the international law of the sea as a body of rules to legal problems;
  • identify and critically discuss the content of the law of the sea with reference, inter alia, to appropriate treaty law, case law, evidence of custom and the writing of scholars;
  • recognise the dynamic process by which the law of the sea is made and understand its place within the broader system of public international law;
  • understand and critically evaluate some of the strengths and weaknesses of the law of the sea as a system of world public order in light of contemporary controversies and issues;
  • communicate effectively and persuasively in an international legal setting; and
  • conduct self-directed legal research.

Assessment

Research paper (2,500 words) - 50%
Take-home examination (2500 words) - 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

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

Outcomes

On completion of this unit students will be able to:

  • apply knowledge of a range of current controversies in restitution and the law of unjust enrichment to new situations;
  • investigate and analyse 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 and effectively communicate the results of that research;
  • formulate reasoned and appropriate responses to legal problems.

Assessment

1) Written assignment (1,500 words): 30% and examination (2,5 hours writing time plus 30 minutes reading and noting time) 70%; or
2) Examination (2,5 hours writing time plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

For students who commenced their LLB course prior to 2015:
LAW2200 or LAW2201 and LAW2202, LAW3400 or LAW3401 and LAW3402


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Clayton Summer semester B 2015 (Day)

Synopsis

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

Outcomes

Students successfully completing this unit should:

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

Assessment

Summer: Research assignment (compulsory) (2000 words): 40%
Examination (60%) - 2.5 hours writing, 30 minutes reading and noting
Semesters 1 and 2:
Class Participation: 10%
Research Assignment (Compulsory) 2000 words: 40%
Examination (2 hours plus 30 minutes reading and noting time): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Summer: Ms Oyiela Litaba
Semester 1: Adjunct Professor Nahum Mushin
Semester 2: Professor Christine Parker

Prerequisites

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


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.

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

Quota applies

The number of places available in this unit is 32. Apply onlineApply online (http://www.law.monash.edu.au/current-students/resources/forms/index.html) to register your interest in this unit.

Synopsis

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

Outcomes

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

Assessment

Written case theory for final assessment, prepared jointly by students and both students receiving the same mark (500 words): 10%
Oral assessment (jury trial): 20%
Final oral assessment (assessment trial): 70%
Compulsory Attendance*: Pass/Fail
The consequence of not meeting the hurdle requirement of 100% attendance will be a 0 N result.
*Exemption from 100% attendance may be awarded in mitigating circumstances. Applications are to be addressed by email to the CE with supporting documentation and will be assessed on an individual basis.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

This unit deals with the administration and distribution of property of deceased persons not effectively disposed of by a will. It covers: testamentary capacity and intention; the formal element for making, altering and revoking a will; the professional duties of lawyers in the drafting and execution of wills and the management of deceased estates; persons eligible to be appointed executors; types of grants of representation; methods of proving a will; the vesting of assets in an executor or administrator; the classification of gifts by will and the doctrines affecting such gifts; the powers and duties of executors and administrators; and the distribution of net assets to beneficiaries or next of kin. It is designed to impart the fundamental areas of legal knowledge and principles and the contexts within which legal issues arise.

Outcomes

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

  1. Identify, articulate, critically assess and apply the law of Victoria for the administration and devolution of inheritable property of a deceased person;
  2. Understand, analyse and critically evaluate the general principles of law regarding a factual situation relating to the estate of a deceased person and to determine the procedure for obtaining authority to administer the estate, the validity of testamentary dispositions, the entitlements of beneficiaries or next of kin, the liability of particular assets to meet the burden of debts and the entitlements of beneficiaries or next of kin, the liability of particular assets to meet the burden of debts and the entitlements of beneficiaries and the ultimate distribution of the net assets to the beneficiaries or next of kin;
  3. Identify and articulate complex legal issues relating to the administration of the estate of a deceased person;
  4. Demonstrate independent research skills to interpret and synthesise relevant legal and policy issues to ethically solve problems arising in succession law;
  5. Communicate knowledge from this unit effectively and persuasively; and
  6. Learn and work autonomously and assess their own capabilities, using feedback to improve performance.

Assessment

Research assignment (2,000 words) 40% and examination (2 hours plus 30 minutes reading and noting time) 60%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3400 or LAW3401 and LAW3402

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

The Unit explores legal and ethical dilemmas that arise in medicine and law. A central focus will be considering the principles and regulation of medical practice and allied health professionals under Victorian law; the legal and ethical duties owed by doctors to their patients; consent and refusal of medical treatment; competence and incompetence in law and medicine; medical negligence; abortion and wrongful birth, pregnancy and life claims and active and passive euthanasia. These topics will include consideration of the adult, child and disabled patient. Although the unit focuses on Australian law, such issues will also explore approaches taken in overseas jurisdictions.

Outcomes

On completion of the Unit students will be able to:

  • Identify and articulate the principles and concepts governing the medical profession and healthcare setting and the ethical and policy issues raised by medical law;
  • Critically assess claims in relation to medical negligence and new and novel claims that have arisen in medical law;
  • Apply skills to review, analyse, consolidate and synthesis the above knowledge to identify and provide solutions to complex problems arising out of the practice or development of, or activities pertaining to medical law;
  • Demonstrate legal research and reasoning skills in approaching complex legal problems and the ability to articulate and evaluate policy considerations in response to difficult dilemmas and areas that may require legal reform;
  • Communicate effectively, appropriately and persuasively on issues pertaining to medical law; and
  • Learn and work autonomously and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

Examination (2 hours plus 30 minutes reading and noting time): 60 % and written assignment (2000 words): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2201 and LAW2202

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Prato Term 2 2015 (Day)

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

Synopsis

This subject is designed to provide both a comprehensive and critical introduction to international environmental law. The subject introduces students to the broad political challenges raised by the global environmental crisis both in the developed and developing world. The general historical evolution of international environmental law will be analyzed with particular emphasis given to the major international treaties negotiated over the last four decades, and the major principles of international environmental law (represented in both 'hard' and 'soft' law).

Outcomes

Upon successful completion of this unit students are expected to demonstrate:
critically analyse the historical evolution of international environmental law and policy in response to the increasingly global nature of ecological problems
demonstrate intellectual and creative skills to articulate the diverse ideological character and claims of the modern environment movement and the major lines of contestation in the broader global environmental debate
reflect on and assess the major sources and principles of 'hard' and 'soft' international environmental law and the key principles and cases which have shaped the law's development
demonstrate cognitive and creative skills in approaching complex issues pertaining to the international response to environmental concerns including climate change, protection of the marine environment, protection of the polar regions, biodiversity and international trade
critically analyse the role of key actors and institutions in the evolution of international environmental law, including states, NGOs, TNCs, the United Nations and the Bretton Woods Institutions
apply intellectual skills to recognise the major environment and development tensions and debates within the national, international and global communities, particularly the sustainable development debate and the tensions between environmental and economic discourses and modes of global governance
be able to reflect upon and 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
be able to critically evaluate the different global institutional responses to global ecological problems
have developed a critical 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.
have developed an ability to think critically and present a reasoned argument in relation to key developments and problems in international environmental law and policy
be able to critically assess where international environmental law can be expected to develop in the future.

Assessment

Research paper (2500 words): 50%
Take-home examination (2500 words): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

The purpose of this unit is to identify and evaluate the laws which govern the way in which the media collect and disseminate news and information about the state. Core topics are: the media and the courts (open justice and obtaining information about court proceedings, suppression orders, contempt of court, journalists and their sources), the media and parliament (contempt of Parliament, parliamentary broadcasts) and reporting elections. Other topics will be selected from the following list: reporting on defence and national security (sedition, official secrets, reporting terrorism etc) and offensive publications (blasphemy, obscenity, the classification system, racial and religious vilification etc).

Outcomes

At the successful completion of this unit students will be able to:
Comprehend and critically analyse the laws that are covered in each topic in terms of their impact on the media. This will involve reading, understanding and interpreting primary sources - both case law, legislation, codes and parliamentary precedents - and demonstrating an ability to apply them to factual scenarios.
Have developed reasoned opinions as to whether the laws studied in this unit strike an appropriate balance between freedom of speech and other important public interests such as the administration of justice, national security and the protection of citizens from offensive material.
Communicate the substantive law, and their opinions thereon, effectively and persuasively, with minimal errors in expression, grammar, spelling and punctuation.
Learn and work with autonomy and professionalism.

Assessment

A formative assessment task which is a non-graded hurdle requirement.
Optional written assignment (1500 words): 30% and final written examination (2.5 hours plus 30 minutes reading and noting time): 70%
OR
Final written examination including a 20% research component (3 hours plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

The objectives of competition law. Background to the current competition provisions of the Competition and Consumer Act 2010 (Cth) and relevant State 'application' legislation. Administration of the act. Basic economic concepts of market, market power and competition. The prohibitions and related provisions contained in the competition provisions of the Competition and Consumer Act 2010 (Cth), namely the prohibitions against anti-competitive mergers and anti-competitive agreements. Misuse of market power. Exclusive dealing. Resale price maintenance. The provisions dealing with authorisation and notification of conduct which may otherwise be in breach of the act. Penalties and remedies.

Outcomes

Students completing this unit should:

  1. have an appreciation of the competing schools of thought on the objectives of competition law
  2. be able to assess the circumstances under which conduct may substantially lessen competition and have a basic understanding of the economic concepts which underlie the competition provisions of the Competition and Consumer Act 2010 (Cth) and relevant State 'application' legislation
  3. have an understanding of the scope and content of the competition provisions of the Competition and Consumer Act 2010 (Cth) and relevant State 'application' legislation.

Assessment

Assignment (1500 words): 30% and examination (2 hours writing time plus 30 minutes reading and noting time): 70% OR examination (2 hours writing time plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon completion of this unit, a student should understand:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW4169; LAW4170


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

This unit will examine a range of advanced income tax, capital gains tax and goods and services tax issues relating to common business, property and commercial transactions. It will consider the structure and taxation of different kinds of legal entities (eg partnerships, trusts and companies) and will examine how the tax law deals with business restructures, demergers, and takeovers. It will also examine a selection of superannuation, fringe benefits, employee share scheme and/or other tax planning issues.

Outcomes

Upon completion of this unit students should be able to:

  1. critically analyse, articulate and apply a variety of advanced substantive taxation law concepts;
  2. demonstrate a cognitive appreciation of the different taxation treatment of various legal entities and their members;
  3. demonstrate legal research and reasoning skills and professional judgment to generate appropriate responses to complex taxation law problems;
  4. critically assess taxation law policies and principles and generate appropriate responses to technical legal problems and issues relating to taxation law;
  5. apply interpretive techniques to synthesize legal principles from judicial decisions and apply statutory interpretation principles to ascertain the meaning of complex legislation;
  6. communicate and collaborate effectively, appropriately and persuasively on advanced issues pertaining to taxation law.

Assessment

Examination (2.5 hours writing time plus 30 minutes reading and noting time): 70%
Collaborative group written assignment (problem-based or case analysis) 1250 words: 25%
Class participation: 5%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111;
LAW1114; LAW2101; LAW1112; LAW1113; LAW2102; LAW2111; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104;

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111, LAW3112 and LAW4704

For students who commenced their LLB course prior to 2015: LAW4704


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.

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

Synopsis

This unit involves a critical examination of

  • the general principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials:
  • theoretical perspectives - reliability, libertarian, disciplinary principles, evidentiary law reform;
  • rules and principles governing the proof of facts in civil and criminal trials;
  • relevance and admissibility;
  • kinds of evidence;
  • competence and compellability;
  • privilege;
  • examination of witnesses
  • disposition and character
  • similar fact evidence;
  • options of the accused;
  • hearsay and exceptions to the rule;
  • res gestae;
  • confessions and admissions;
  • illegally obtained evidence;
  • corroboration;
  • identification;
  • opinion evidence.

Outcomes

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

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

Assessment

Assignment (2000 words): 40% and examination (2 hours writing time plus 30 minutes reading and noting time): 60% OR examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Fiona Hum (Semester 1)
Professor Jonathan Clough (Semester 2)

Prerequisites

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


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

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

Outcomes

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

Assessment

Presentation: 10%; Research Paper: 90%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW4171


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon completion of this unit students will have an in-depth understanding of the rules and principles governing the proof of facts in issue in a trial. In particular, they will have developed:

  1. an understanding of the rules of evidence which apply in Federal Courts
  2. an understanding of the legal and policy issues involved in reforming and codifying the law of evidence
  3. an understanding of the general principles of freedom of proof, relevance, admissibility and discretion as a context for the study of the obstructive and exclusionary rules of evidence which impede the ascertainment of truth in civil and criminal trials
  4. capacity to undertake research in areas of policy and reform
  5. improved capacity in the skills of problem solving, analysis and written communication.

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW5159


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

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

Assessment

Written research assignment (2000 words): 40% and final written examination (2 hours plus 30 minutes reading and noting time): 60% OR final written examination (3 hours plus 30 minutes reading and noting time): 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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

Prohibitions

LAW7213


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Full year 2015 (Day)

Synopsis

This unit provides high achieving students with an opportunity to research, write and present a significant piece of original work. Students will write a thesis under the supervision of an academic member of staff, on a topic chosen by the student and approved by the Chief Examiner. Students will also publically present the main findings of their research and participate in a seminar program.

Outcomes

At the successful completion of this Unit, students will:

  1. Have planned, executed and reported on a piece of research or scholarship undertaken with a significant degree of independence;
  2. Have acquired a detailed knowledge and expertise in the area of the topic which is the subject of the thesis;
  3. Have developed and demonstrated both intellectual and practical research skills, including the skills needed to identify, evaluate, interpret and synthesise material relevant to the student's chosen research topic;
  4. Have developed and demonstrated skills of critical analysis and original thought, including in-depth analysis of the legal and policy issues relevant to the student's chosen research topic;
  5. Be able to identify, articulate and effectively communicate complex legal and policy issues in a manner that is succinct, scholarly and persuasive;
  6. Be able to exchange knowledge and ideas with other scholars in order to achieve a high quality of legal scholarship;
  7. Be able to learn and work with autonomy, accountability and professionalism;
  8. Be able to reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.

Assessment

Thesis (8,000-10,000 words) 80%

Presentation of thesis findings (at Honours Conference at end of Semester 2) 10%

Attendance and participation in the supporting Honours Research Seminar Program (2 x 1 day events being the Honours Orientation Day and Honours Conference and 2 x half day Honours Seminars including completion of set exercises ahead of these seminars) 10%

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111
There is an academic entry requirement, see details on the Faculty Honours webpage.

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

There is an academic entry requirement, see details on the Faculty Honours webpage.

No more than 72 credit points remaining to complete the law requirements for the degree at the time of commencing the 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A to Semester one 2015 (Day)
Clayton Trimester 2 2015 (Day)
Clayton Trimester 3 2015 (Day)

Quota applies

The number of places available in this unit is 40

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

Assessment

Legal service work: 80%
Community Engagement: 20%
Ungraded requirement: Completion of a reflective journal entry every two weeks throughout the clinical period.
An ungraded SFR (Satisfied Faculty Requirements) for the reflective journal is required to obtain a pass in this unit.

Workload requirements

Minimum total expected workload to achieve the learning outcome for this unit is one half-day Legal Service session per week for 17 weeks (including non-teaching period) plus one and a half days per week client follow-up and one 2-hour seminar for 10 weeks. Scheduled activities may include a combination of teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102; LAW2200 OR LAW2201 and LAW2202; LAW3300 or LAW3301 and LAW3302. Please see http://www.law.monash.edu.au/cle.html for an application form and more information

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Synopsis

This unit will introduce 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 issues such as jurisdiction, internet governance, electronic contracting, content regulation and copyright. There will be sufficient flexibility to examine new issues as they arise.

Outcomes

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

  1. Critically analyse the law relating to the Internet, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning key areas of comparative cyberlaw;
  2. Demonstrate cognitive and creative skills in approaching complex legal and policy problems relating to the application of selected areas of the law to the Internet;
  3. Communicate effectively, appropriately and persuasively on issues relating to the application of law and policy to the Internet;
  4. Provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

Class participation: 20%
Take home exam (4000 words): 80%

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102; LAW3400 or LAW3401 and LAW3402

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

LAW7213
LAW5162


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A to Semester one 2015 (Day)
Clayton Trimester 2 2015 (Day)
Clayton Trimester 3 2015 (Day)

Quota applies

The number of places available in this unit is 12

Synopsis

This unit is open to those who have completed a family law unit and placement and wish to broaden their knowledge and develop their practical skills in family law.

Over a 17 week period, students manage and run their own family law files, mentor less experienced students.
Under the supervision of a family law practitioner, students will draft documents and general correspondence, advise clients, brief counsel and attend court to instruct counsel at hearings. Students are rostered to conduct client interviews, work on ongoing files, take on new matters as initiated and attend the duty lawyer service at the Family Court at Dandenong each Monday to assist unrepresented litigants.

Outcomes

Students who successfully complete this unit will:

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

Assessment

70%: Supervised casework in a workplace based learning context. This may include:
Casework performance including attendance and punctuality, taking instructions and relationship with clients,
discussion with supervisor, follow-up work, drafting documents,
family law advocacy skill,
compliance with office and regulatory procedures,
appropriate file initiatives

30%: 1500 word research activity or assignment or present a research activity with the approval of the supervisor.

Workload requirements

Minimum total expected workload to achieve the learning outcome for this unit is as follows:

  • One full day orientation and family law seminar and regular one-to-one tutorials
  • One half-day client interview session per week at FLAP for 17 weeks (including during non-teaching period)
  • Participation in seminar program for 6-8 weeks involving 2 hour contact per week
  • 14 hours per week for client-group consultations, private research and casework

Scheduled activities may include a combination of teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2111; LAW2112

For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104;
LAW2100 or LAW2101 and LAW2102;
LAW2200 or LAW2201 and LAW2202;
LAW3300 or LAW3301 and LAW3302

Further, one of the following is required:
+ participation in a prior placement at FLAP as a part of a Monash family law unit, or
+ a minimum of 12 weeks volunteering on a one day a week basis at FLAP, or
+ completion of Professional Practice LAW5216 or LAW4328.

Please see http://www.law.monash.edu.au/cle.html for an application form and more information.

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

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

Synopsis

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

Outcomes

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

Assessment

1. Examination (2 hours writing time plus 30 minutes reading and noting time): 100%
OR
2. Examination (2 hours writing time plus 30 minutes reading and noting time): 60% and research assignment (2,000 words): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Semester 1: Mrs Maria O'Sullivan
Semester 2: Mr Colin Campbell

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3200 or LAW3201

Prohibitions

LAW3100


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

This Unit explores the intersection of sport and law and in so doing:

  1. equips students to apply the body of knowledge known as "sports law"; and
  2. consolidates, reinforces and extends students' knowledge and understanding of core legal subjects central to the practice of law.

The Unit begins by examining the place of sport in our society, and how changes in society, and how society perceives sport (and sport perceives itself), has influenced the development and application of the law to sport. In doing so, the Unit will examine sport in its various guises, local, national and international; professional and amateur; contact and non-contact; and explore sports' social, cultural, economic and political importance. Next, the Unit explores the extent to which sport's '"specificity" (its unique social and cultural standing and need for "competitive balance") has seen legislatures and courts modify the application to it of traditional legal concepts. Areas to be examined include the application of criminal law to on-field violence; tort and OHS law to sports related injuries; contract and employment law to sports persons' employment contracts and collective bargaining agreements; competition, equal opportunity and anti-discrimination law to the rules and practices by which sporting competitions are organised and conducted; and privacy, intellectual property, discrimination and other laws to protect a sports person's name, image, likeness and other attributes of their identity or person. The Unit then explores the development of unique legal rules and institutions tailored to sports persons and sporting activities, and the extent to which they are amenable to state regulatory and judicial systems. These include sport specific self-regulating governance and dispute resolution systems; anti-drug codes; and rules concerning gambling and match-fixing. The Unit's focus is on domestic Australian law, but with an eye to how emerging commercial arrangements and legal doctrines in the US and EU could influence the law in Australia. Finally, the Unit concludes by considering the extent to which this body of knowledge evidences a specific corpus of jurisprudence recognisable as "sports law", and what we can learn from it about the development of the law more generally.

Assessment

Assessment Task 1: Short answer questions - 10%
Series of short answer exercises delivered through Moodle.

Assessment Task 2: Research Assignment - 40%
Comprising both an oral presentation and a written paper.
Students will be given the choice of undertaking the assignment individually or in self-managed teams of 2, 3 or 4 persons.

Assessment Task 3: Exam/Test - 50%
120 minutes writing time plus 30 minutes reading time.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111; LAW4331

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101; LAW2102; LAW2201; LAW2202; LAW3101; LAW3301

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)

Synopsis

Copyright and designs focuses on two important forms of intellectual property. Learn why we have copyright law, its international framework, what it covers, whether it exists in any given scenario, whether it has been infringed and the possible consequences of such infringement. Then examine Australia's designs law, which protects the visual appearance of manufactured goods, with a focus on the overlap between copyright and designs protection. Throughout, there will be an emphasis on current legal issues and the relationships between these rights and other parts of IP law.

Outcomes

Upon completion of this unit students should:

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

Assessment

Take-home examination: 100%
OR
Assignment (1000 words): 20% and take-home examination: 80%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3401 and LAW3402

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

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.

Outcomes

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

  1. Apply knowledge and understanding of the key features of the constitutional systems of Malaysia and Singapore, 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 significance of political and legal developments in relation to constitutionalism in Malaysia and Singapore;
  3. Conduct research into the fundamental aspects of the legal and constitutional systems of Malaysia and Singapore, 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 Malaysian and Singaporean constitutional systems.

Assessment

One 1,500 word research essay 30%;
Class participation 10%; and
Final exam (2 hours plus 30 minutes reading and noting time) 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW211

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of this unit students should:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Upon completing this unit, students should

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

Synopsis

All societies grapple with 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 including imprisonment, and the role of therapeutic jurisprudence and restorative justice. Students will also examine the uses of imprisonment in a range of jurisdictions.

Outcomes

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

  1. Critically analyse the substantive law and practice relating to sentencing and punishment, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning the law, as well as the broader political and social context within which sentencing and punishment occur.
  2. Demonstrate intellectual and creative skills to articulate legal and policy issues in a comparative context, to research, interpret and synthesise relevant legal, policy and factual matters, and to formulate reasoned and appropriate responses to the sentencing and punishment of people who break criminal laws;
  3. Communicate effectively, appropriately and persuasively on local and global issues pertaining to sentencing and punishment;
  4. Provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

Research assignment 50% (2500 words)
AND
Take home examination: 50% (2500 words)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104 AND LAW3300 OR LAW3301 AND LAW3302

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Synopsis

The contents of the unit will be varied depending on topical issues pertaining to the judiciary as they arise from time to time. But it would include many if not all of the following:
The Judiciary as a branch of government. This will entail an exploration of the concept of judicial independence and its interrelationship with the doctrine of separation of powers. It will focus on the standards for judicial independence as prescribed by international instruments. The relationship with other branches of government will be analysed.
Appointment of Judges and Conditions of Service This topic will examine on a comparative basis judicial appointment processes and the criteria for judicial appointment. The implications of appointing acting, reserve and part-time judges, the conditions of service, judicial education and disputes about entitlements to hold and exercise judicial office.
Removal, Suspension and Discipline of Judges What constitutes 'judicial misbehaviour'? A study of removal mechanisms from various jurisdictions and the grounds for removal from judicial office. The constitutional dimensions of suspension of judges. Mechanisms to deal with complaints against judges with particular attention to the Judicial Officers Act 1986 (NSW).
Judicial Officers and the Rule Against Bias Disqualification of judges and recusals. Public Interest and Private Interest and Codes of Ethics. The involvement of judges in extra-curial activities will be considered, especially conducting commissions and committees of inquiry.
Modes of Protecting the Judicial Institution A general consideration of contempt of court and attacks on the judiciary. Criticism of the judiciary and the proper limits. Offences relating to the administration of justice. The scope of judicial immunities. Parliamentary conventions relating to the judiciary.
Judicial Accountability The concept of accountability. Meaning of 'open' court. A duty to give reasons; appeals and reviews. The relationship between the courts and the media. Judicial involvement in public controversies.

Outcomes

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

  1. comprehend and critically analyse the fundamental notions of judicial independence, judicial integrity, judicial impartiality and judicial accountability, with particular reference to international norms and comparative guidelines
  2. Demonstrate an ability to recognise and reflect upon ethical issues and contemporary challenges relating to the Australian judiciary from a comparative perspective
  3. Engage in critical analysis and make reasoned choices pertaining to dilemmas confronting judicial officers
  4. Identify, research, evaluate and synthesis contemporary constitutional, legal and policy issues concerning the Australian judiciary
  5. Communicate effectively, appropriately and persuasively on issues pertaining to the judiciary from a comparative perspective
  6. learn and work with autonomy, independence and professionalism.

Assessment

Research assignment (max 2500 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours per week over 12 weeks. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

Topics covered are:

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

Outcomes

A candidate who has successfully completed this unit should:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

On completion of this unit, students should:
a. understand the underlying policies and the range of options for dealing with consumer over indebtedness in a number of international and comparative systems and legislation;
b. be able to understand and critically assess over indebtedness in relation to general themes in commercial law, and law generally, including the relative role of rules and standards, the tension between certainty and flexibility, the use of judicial discretion and the managerial role of judges; and
c. grasp the ways in which bankruptcy systems and legislation touch on regulatory theories and have implications for the day-to-day lives of many people globally.

Assessment

Class presentation (group or individual) 10%; oral participation 10% and research essay 80% (4,000 words)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

The objective of the course is to understand and compare two systems of addressing injuries from consumer products, the American law approach and the European Union approach.

Assessment

Assessment will be based on class participation (10%), a short research project based on class readings (40%), and a take home examination (50%).

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW2101 Contract A and LAW2102 Contract B and LAW2201 Torts A and LAW2202 Torts B or an equivalent Introductory course in tort law and contract law 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

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

Outcomes

By the end of the unit, students should be able to:

  • identify the causes and impacts of, and trends in, global climate change;
  • identify and evaluate critically the main options for and obstacles to mitigation of and adaptation to climate change, and the relationship between mitigation and adaptation;
  • discuss critically the international politics of climate change, including the differing positions, interests and priorities of developed and developing states and the special challenges facing particularly vulnerable states and communities;
  • interpret, apply and evaluate critically the main features of the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
  • discuss critically the key issues in the negotiation and implementation of a post-Kyoto international climate change agreement, and evaluate critically the main features of any such agreement;
  • explain the concepts of state sovereignty, common concern of humankind, sustainable development, common but differentiated responsibilities, intra- and inter-generational equity, the precautionary principle, climate justice, compliance and enforcement, and apply them to the problem of climate change;
  • explain the major interactions between the international climate change regime and international regimes related to ozone depletion, biodiversity, law of the sea, human rights, and international trade;
  • evaluate critically the options and prospects for a transition to a carbon-free or low-carbon future; and
  • generate new ideas and options by preparing for and participating in role-playing simulations of international climate change negotiations.

Assessment

Evaluation will be by a variety of methods. A substantial portion of the assessment will be based on group work for which each member of a group receives the same mark. Participation: 10%, group assignment (1000 words): 20%; role-playing negotiation exercise (conducted in 3 parts): Part 1: 10%, Part 2: 10%, Part 3: 10%; final exam (2 hours, closed book): 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedMalaysia Trimester 2 2015 (Day)

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

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

  • demonstrate a cognitive appreciation of the principles of international tax law and tax system design;
  • critically analyse, articulate and apply a variety of substantive international taxation law concepts
  • understand the broad framework of Australia's international tax rules;
  • demonstrate legal research and reasoning skills and professional judgment to generate appropriate responses to international taxation law problems;
  • critically assess international taxation law policies and principles
  • generate appropriate responses to technical international tax law problems; and
  • engage in discussion about jurisdictional and policy issues relating to international tax law.

Assessment

Class participation: 10%
Class presentation: 30%
Research paper (2,250 words): 30%
Class test: 30%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB course prior to 2015: LAW1104 Research and Writing and LAW1101 Introduction to Legal Reasoning

For students enrolled in the LLB (Hons) course from 2015: LAW1111 Foundations of Law, LAW1112 Public Law & Statutory Interpretation, LAW1113 Torts, LAW1114 Criminal Law 1,LAW2101 Contract A , LAW2102 Contract B, LAW2111 Constitutional Law, LAW2112 Property A

Co-requisites

LAW3111 Equity and LAW3112 Corporations 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Learning objectives:

  • becoming acquainted with biological perspectives on moral, norms and law;
  • considering biological and psychological perspectives to jurisprudence and philosophy of law;
  • discovering new empirical perspectives on law; and
  • discovering man as a biological and psychological origin of law and order.

Assessment

Class participation (10%) and paper in which an article on law and an article on psychology/biology are compared

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Students will be able to

  1. Describe and identify key obligations in respect of international law to protect trademarks and geographical indications.
  2. Comprehend and interpret those obligations.
  3. Recognise and differentiate the means by which obligations are transposed into domestic law in different jurisdictions such as Australia, the US and the EU.
  4. Demonstrate intellectual and practical skills needed to form legal conclusions such as the eligibility for registration of particular trademarks.
  5. Apply legal reasoning to identify similarities and differences in response to similar and significant legal scenarios concerning trademarks in the relevant jurisdictions
  6. Critically analyse and interpret the potential clash between regulation of trademarks and trademarked products on the one hand and the property interests of trademark owners as set out in international treaties.

Assessment

Class participation: 10%; compulsory assignment (1,500 words): 30%; and final exam of 2 hours plus 10 minutes for reading: 60%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)

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

Objectives include:

  • have students develop an awareness of the range of legal traditions within which family law is situated;
  • have students develop an awareness of links among Immigration and Refugee Law, domestic family law, and family law policy; and
  • have students develop an understanding of both private and public international law principles that impact upon domestic legal issues.

Assessment

The students will complete four short (1250 words) critical analysis papers. Each paper will be worth 25% of the overall unit grade.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Coordinator(s)Professor Graeme Hodge

Synopsis

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

Outcomes

On completion of the Unit students should have:

  • acquired an understanding of the policy cycle and the challenges facing governments and regulators when deciding whether and how to regulate a particular issue;
  • acquired an understanding of a number of theories, concepts and constructs that explain regulatory practice in a modern liberal capitalist society;
  • acquired the capacity to apply a number of regulatory theories, concepts and constructs to analyse a basic regulatory regime to identify its key elements and institutional characteristics;
  • acquired a general understanding of the relationship between regulation and the other principal activities of government;
  • further developed skills in understanding and applying the law in its societal context;
  • further developed skills in research and critical analysis;
  • further developed oral communication skills;
  • an opportunity to develop team work skills.

Assessment

Research assignment: 50% (50 marks).
Examination (120 minutes writing time plus 10 minutes reading time): 50% (50 marks).

Research assignment:
The assignment will consist of an oral presentation (10 marks) and a written paper (40 marks).
Students will be given the choice of undertaking the assignment individually or in self-managed teams of 2, 3 or 4 persons.
Individual assignment:
+ 5 minute oral presentation; and
+ 2000 word written paper.
Group assignment:
+ 10 minute group oral presentation - the marks for which will be common to all students in that group; and
+ 2000 word group written paper - the marks for which will be common to all students in that group.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW3111 and 3112

For students who commenced their LLB course prior to 2015:
None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)
Coordinator(s)Dr Eric Wilson

Synopsis

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

Outcomes

This unit will explore the academic subject of 'Law and Popular Culture' by utilizing some of the classic literary and cinematic 'texts' that treat with the Law, lawyers, legal practice, and legal reasoning. A student successfully completing this unit should be expected to demonstrate proficiency in discussing the following four issues that will be covered by this course.

  1. Employing an inter-disciplinary approach grounded primarily, but not exclusively, upon cultural studies and critical theory, the unit will examine the representation of law and lawyers within popular culture, primarily through their respective depictions in the 'mass media' form of both literature (popular and elitist) and cinema. An additional objective is to introduce students to the branch of critical legal studies known as 'law and literature', which can be broken down into three components:
    1. the ideology of law and legal practice as a means of both legitimizing and critiquing contemporary legal culture
    2. the discursive nature of representations of law and lawyers within the wider community that govern the social perceptions of legal practice and dispute resolution
    3. the social function of the cultural representation of law, which operates to reconcile the community to orthodox legal practice through the creation and circulation of a set of stereotypes and collective expectations concerning legal standards and outcomes.

  1. The primary sources of literature and cinema will be used as an alternative, or 'non-academic', means for a critical and reflective consideration of outstanding issues in more formally academic domains of legal scholarship, including legal ethics and the philosophy of law. The study of the literary and cinematic treatment of classic problems of jurisprudence, including the nature of the rule of law, the social contract, sovereignty, due process, and natural justice, will reveal the extent to which formal legal theory serves as an expression of wider patterns of cultural and aesthetic forms of reasoning.

  1. Employing both academic (secondary) and non-academic (primary) texts, the unit will consider a number of important facets of critical legal scholarship, most importantly the 'law and literature' movement, which tries to both explain and critique law in terms of the various literary techniques of dramatic narrative. This unit largely operates within the 'law and literature' tradition by directly engaging with novels and films, both of which are highly narrative-driven artistic forms. The text's depiction and resolution of the legal issue under its consideration will be discussed in class as a parallel, or secondary, commentary on the centrality of narrative to all forms of legal speech and practice.

  1. The unit will offer a wider and more sophisticated understanding of the nature and value of inter-disciplinary approaches, such as cultural studies, to the development of legal scholarship than is offered in traditional 'black letter' law courses.

Assessment

Two reflective essays (1000 words each; 20% each) and one extended essay (3000 words; 60%). The topics for all three assignments will be assigned by the instructor. Class attendance and participation is mandatory.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

  1. Present various constitutional models.
  2. Examine the advantages and disadvantages of each model.
  3. Present and compare constitutional mechanism in a number of countries.

Assessment

Take-home examination - 100%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Trimester 2 2015 (Day)
Coordinator(s)Dr Rebecca Giblin

Synopsis

The following topics will be studied in detail:

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

Outcomes

At the end of this unit, students will have:

  • an appreciation of the economic, cultural and political contexts in which intellectual property is used and be able to take these factors into consideration when dealing with the legal aspects of the subject
  • an understanding of the international context of copyright and designs laws
  • knowledge of the legal principles governing copyright and designs law in Australia and some comparative knowledge of the equivalent regime in Hong Kong and the PRC
  • the ability and capability to explain the requirements for protection under the laws of intellectual property and related registrations for purposes of providing advice to clients
  • the ability and capability to explain the elements of the causes of action of copyright and registered design and the related defences to clients
  • the ability and capability to discuss the legal considerations regarding the assignment and licensing of copyrighted works to clients
  • the ability and capability to analyse the major cases and legislation relating to copyright
  • the ability and capability to advise a client about the likely application of copyright rules in novel situations
  • become familiar with the special difficulties that can arise from conflicts between national interests and legal systems when conducting trade involving relevant intellectual property.

Assessment

Research essay (max 1500 words): 30%
Assessed tutorials (3 tutorials x 10% each): 30%
Final exam: 40%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

This unit is offered to specific cohort students only


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

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 different approaches taken by different countries and students will be invited to think critically about the responses of different jurisdictions.

Outcomes

  1. To introduce students to a number of selected issues in medical law and ethics
  2. To help students to develop an understanding of the ways in which legal and ethical rules impact on such issues
  3. To encourage students to think critically about the role of law and ethics in the resolution of the issues identified.

Assessment

Take-home examination (60%), written assignment (30%), class participation (10%).

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Issues such as the following will be explored:

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

Outcomes

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

  • analytically describe the concept of CSR and its historical evolution as well as relationship to corporate governance;
  • critically evaluate the changing role of corporations in a globalised free market-oriented society and the justifications for CSR;
  • apply CSR regulations, principles, practices, case studies and initiatives to solve ethical dilemmas that corporations face when operating in different countries;
  • ascertain the nature and extent of social responsibilities - both ethical and legal - of corporations operating globally under diverse conditions;
  • compare and contrast the relative efficacy of different CSR initiatives;
  • develop effective writing and oral communication skills in relation to CSR issues; and
  • assess the importance of acting ethically and with due regard to one's social responsibilities.

Assessment

Class presentation: 10%
research assignment (drafting a legal advice or formulating a CSR policy for a corporation): 30%
take-home examination: 60%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

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 covered include the following:

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

Assessment

Class participation (10%); research assignment (max.1500 words) (30%); take home examination (max.3000 words) (60%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1101 Introduction to legal reasoning; LAW1104 Research and writing; LAW2101 Contract A and LAW2102 Contract B, or an equivalent introductory course in contract law at another university; LAW2201 Torts A and LAW2202 Torts B, or an equivalent introductory course in tort law 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

The topics covered include the following:

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

Outcomes

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

  1. Apply knowledge and understanding to the jurisprudence and practice of torts law;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the function and evolution of modern torts law across jurisdictional boundaries
  3. Conduct research into the fundamental aspects of international perspectives on torts 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 the interaction of torts law and related areas.

Assessment

Class participation (10%); research assignment (max. 1500 words) (30%); take-home examination (max.3000 words) (60%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2201; LAW2202 or an equivalent introductory course in tort law at another university

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

Synopsis

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

Outcomes

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

  • demonstrate a solid understanding of the principles of international law that relate to sexuality-based claims
  • articulate the basic variations of domestic law, from a global perspective, relating to sexuality-based claims
  • understand the basis for legal distinctions between challenges based on privacy, discrimination, and free expression
  • understand and the potential implications arising from claims based on privacy, discrimination, and free expression
  • engage in policy discussions about laws relating to sexuality-based claims.

Assessment

Class participation and in-class simulated exercises: 10%
Research paper (1,500 words): 30%
Take-home final examination: 60%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

None

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

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

  • understand the civil law critique of how cases are decided at common law

notice when there are gaps between the announced rules and the case results

  • understand the different conceptions of case adjudication elaborated by the great thinkers of the common law
  • use the differing conceptions productively when making legal argument
  • elaborate an original theory of how cases should be decided.

Assessment

Class participation: 10%
Presentation: 10%
Research paper (1,500 words): 30%
Take home examination: 50%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

None

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

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

  1. demonstrate an understanding of the key concepts in the administration of criminal justice and the major ethical systems;
  2. identify the ethical dilemmas in the administration of criminal justice;
  3. analyse selected issues in the administration of criminal justice from an ethical viewpoint;
  4. evaluate criminal justice practices and laws from an ethical perspective;
  5. engage in discussion of how ethics can play a role in the resolution of issues in criminal justice in different legal jurisdictions.

Assessment

Class participation: 10%
Presentation: 10%
Research paper (2,000 words): 40%
Take home examination: 40%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

None

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

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

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

  • critically analyse the theoretical frameworks which underlie the process of mediation and the differences between distinct models of mediation
  • demonstrate cognitive and creative skills in understanding the relationship between jurisprudential models and ADR, and intercultural aspects of mediation
  • communicate effectively and persuasively in applying mediation in various contexts, including across cultures and jurisdictions
  • provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

Class participation: 10 %
Response paper: 10%
Take home examination: 80%.

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

None

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Dr Heli Askola

Synopsis

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

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

Outcomes

On completion of this subject, students will 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;
  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 (1500 words): 30%
Two hour open book exam: 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

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:

  1. Apply knowledge and understanding of commercial disputes involving a foreign element raises issues of private international law, and what those issues are, with creativity and initiative to new situations for further learning;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to how those issues would be approached by a court in Australia, Canada, the European Union and the US;
  3. Conduct research into the theoretical and policy considerations underpinning the private international law of Australia, Canada, the European Union, the UK and the US, 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 analyse current rules of private international law and make suggestions for law reform.

Assessment

Three short essays (1000 words each) 60%; Outline of Arguments (1200 words) 24%; and Reasons for Judgement (800 words) 16%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101 and LAW2102; LAW2201 and LAW2202 or equivalent

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

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

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

  1. Critically analyse, from a comparative perspective, 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;
  2. Demonstrate cognitive and creative skills in approaching 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;
  3. Communicate effectively and persuasively, including in advising on causes of action and remedies for invasions of privacy;
  4. Provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

Seminar and presentation assessment: 20% and take-home examination: 80%.

Workload requirements

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

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 or other introduction to law courses.

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

LAW7274 Privacy and surveillance: Law, policy and governance


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Dr Janice Richardson

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

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. 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.
  • 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

Seminar participation: 10%, seminar presentation: 10% and take-home examination of 4,000 words maximum: 80%.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course before 2015:
LAW1101 & LAW1104 or other equivalent introduction to law course.

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Mr Wissam Aoun

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

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;

  1. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the evolving principles and themes embodied in that jurisprudence and literature;

  1. Conduct research into the application and meaning of issues in patent law, based on knowledge of appropriate research principles and methods;

  1. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to novel aspects of patentability.

Assessment

Seminar participation: 10%
Seminar presentation and/or group assignment:10%
Final written assignment of 4,000 words maximum (take-home): 80%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104 or equivalent

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Professor Benjamin L Berger

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

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 to 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 application and meaning of legal and political systems, 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 the issues arising within a broad spectrum of legal areas, including constitutional law, education law, criminal law, family law, health law, administrative law, and the law of deliberative democracy.

Assessment

Seminar participation (10%) and presentation (10%)
Three critical essays based on the course materials, total word count for the three assignments to amount to no more than 4000 words (80%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111
LAW1101 Introduction to Legal Reasoning; LAW1104 Research and Writing or equivalent introductory units.

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015
Coordinator(s)Dr Normann Witzleb

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 analyze and compare the legal issues that may arise at the different stages of an international dispute in each of these systems and on that basis discuss the policy issues involved in each context and the considerations that will become relevant for parties when deciding which kind of dispute resolution system to choose. Particular emphasis will be on

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

Outcomes

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

  1. demonstrate a solid understanding of the principles of international litigation and arbitration;
  2. analyze and apply the legal framework governing international litigation and arbitration;
  3. acquire understanding and sensibility for the parallels and differences between litigation before national courts on the one hand and commercial arbitration on the other;
  4. acquire understanding and sensitivity for the similarities and differences of the approaches and solutions adopted in different countries towards international litigation and arbitration (with a particular emphasis on Europe and the United States);

engage in discussion about jurisdictional and policy issues relating to the these approaches and solutions.

Assessment

Class participation: 10 %
Research paper (1,500 words): 30 %
Examination: 60 %

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1101 Introduction to Legal Reasoning, LAW1104 Research and Writing or an equivalent introductory course at another university.

Co-requisites

NONE

Prohibitions

LAW4652 Transitional Litigation
LAW4179 International Commercial Arbitration


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)

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 marginalization 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;
  • 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 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 (750 words): 15%
(2) Presentation: 10%
(3) Research Assignment (1,500 words): 30%
(4) Take Home Exam (2,250 words): 45%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

Co-requisites

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

Synopsis

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

Outcomes

  1. identify and evaluate specific issues in Australian and comparative family law regarding families and parent-child relationships

  1. analyse, interpret and contrast different approaches to the concept of 'family' and 'best interests of a child'

  1. research appropriate responses to different legal and policy issues about regulating families and relationships and write a substantial piece demonstrating research and synthesizing skills

  1. communicate effectively and persuasively on issues pertaining to family law

  1. learn and work autonomously and use feedback to improve their own capabilities and performance

  1. evaluate the role of law in regulating families and inter-personal relationships

Assessment

20% class attendance and participation
and
80% research assignment of 4000 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 lectures over the duration of this semi-intensive unit.

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

Introduction to legal reasoning and Research and writing 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

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 analyse the rules for space applications (satellite telecommunications, satellite TV, earth observation, space flight, military uses).

Outcomes

On completion of this unit, students will have:

  • knowledge and understanding of key international concepts and principles of air and space law
  • knowledge and understanding of international legislation in the core areas of air and space law
  • knowledge and understanding of national legislation in the core areas of space law
  • an ability to apply these concepts, principles, legislation and policy to concrete situations
  • an ability to conduct independent research in air and space law and convey the results of this and the above objectives both orally and in writing.

Assessment

Research paper (can be done individually - 1,500 words - or in a group of 3 students - 3,000 words): 30 %
Choice of two of the following three:
mini moot: 10 %
in class case analysis: 10%
presentation on research paper: 10%
Take-home examination: 50 %

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1101 or LAW1104 or other equivalent introduction to law course.

Co-requisites

None

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

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

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

  • Critically analyse contemporary global environmental problems from a variety of theoretical perspectives and frameworks
  • Demonstrate cognitive and creative skills in evaluating the effectiveness of various international environmental agreements and instruments.
  • Critically analyse the challenges of implementation, enforcement and compliance in international environmental law
  • Communicate effectively and persuasively in placing 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

Assessment

1. "Reaction Paper" and Discussant (25%)
2. Take-home examination (75%)

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB course:
LAW1100 or LAW1101 and LAW1102 or LAW1104

For students in the LLB Hons course:
LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111 and LAW2112

Co-requisites

For students in the LLB Hons course:
LAW3111 and LAW3112

Prohibitions

LAW4313 International Environmental Law
LAW5314 International Environmental 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

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:

  • Critically analyse the various ways in which different societies and cultures respond to interpersonal disputes;
  • Demonstrate cognitive and creative skills in applying comparative methodology to distinguish between models of dispute resolution used by diverse social groups;
  • Articulate how generalisations about culture might impact the propriety and effectiveness of a given model of dispute resolution;
  • Critically analyse the use of adjudicatory and consensual processes in judicial systems around the world;
  • 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 discussions and exercises 20%
2. Research paper (1500 words) & in-class presentation 30%
3. Take-home final examination 50%

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB course:
LAW1100 or LAW1101 and LAW1102 or LAW1104

For students in the LLB Hons course:
LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111 and LAW2112

Co-requisites

For students in the LLB Hons course:
LAW3111 and LAW3112

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

Synopsis

The advent of the internet and the proliferation of information and communication technologies 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 United Kingdom and the United States), 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 analyse and evaluate, from a comparative perspective, national, regional and international responses to specific forms of cybercrime;
  3. enhanced skills of independent research and critical analysis; and
  4. the enhanced ability to communicate effectively, both orally an in writing.

Assessment

(1) Preparation of summary paper (500 words)10%
(2) Class participation10%
(3) Take-home examination 30%
(4) Research assignment (2,500 words)50%

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB course:
LAW1100 or LAW1101 and LAW1102 or LAW1104

For students in the LLB Hons course:
LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111 and LAW2112

Co-requisites

For students in the LLB Hons course:
LAW3111 and LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

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 European Court of Justice has fashioned a comprehensive and dynamic system of judicial protection.

Outcomes

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

  • Critically analyse the main instruments of European human rights law, especially the European Convention of Human Rights;
  • Demonstrate cognitive and creative skills in evaluating how the European Court of Human Rights has consistently updated the obligations of member states in the light of changing circumstances, including social and cultural values;
  • Critically analyse debates surrounding controversial issues arising under EU human rights law and evaluate future developments in human rights protection in Europe;
  • Have developed personal communication and specialist skills and possess a firm foundation for future study or research in this field.

Assessment

(1)Class participation and class paper based on a class presentation (1250 words) (based on a class presentation and a class paper as written evidence of that presentation): (25%)

A full explanation of how class participation and class paper based on presentation will be assessed will be provided in the unit guide

(2)Take-home examination (3750 words) (75%)

Workload requirements

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

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB course:
LAW1100 or LAW1101 and LAW1102 or LAW1104

For students in the LLB Hons course:
LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111 and LAW2112

Co-requisites

For students in the LLB Hons course:
LAW3111 and LAW3112

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2015 (Day)

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

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

  • Identify and critically analyse various theories and approaches to human dignity;
  • Identify and critically analyse the ways in which human dignity is codified and adopted in legal decision-making in select jurisdictions;
  • Communicate effectively and persuasively, including 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;
  • 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%) A full explanation of how class participation will be assessed will be provided in the unit guide
(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.

The unit timetable link below is not applicable to this unit.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB course:
LAW1100 or LAW1101 and LAW1102 or LAW1104

For students in the LLB Hons course:
LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111 and LAW2112

Co-requisites

For students in the LLB Hons course:
LAW3111 and LAW3112

Prohibitions

None


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)

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:

  • identify, synthesise and apply knowledge of key concepts relating to international investment law
  • demonstrate intellectual and creative skills to identify and evaluate legal problems and policy issues in the area of international investment law and to generate reasoned, practical and appropriate responses to resolving these problems and issues,
  • conduct research into issues of international investment law based on knowledge of appropriate research principles and methods; and
  • communicate the research findings effectively and persuasively.

Assessment

Research assignment (2,500 words): 50%
Take-home examination (2,500 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.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111;
LAW1114; LAW2101; LAW1112; LAW1113; LAW2102; LAW2111; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104;


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedMalaysia Term 3 2015 (Day)

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. Explain the essential features of both the EU legal order and International Human Rights Law
  2. Critically assess the system of human rights protections operating within the European Union
  3. Undertake research into and analyse judgments of the Court of Justice of the EU and the European Court of Human Rights and related secondary materials
  4. Identify human rights issues in factual scenarios and use legal reasoning skills to develop arguments for appropriate legal responses to address these issues
  5. Communicate effectively, both orally and in writing, on current human rights issues and the system of human rights protection in Europe and internationally
  6. Reflect on and assess their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development

Assessment

Class participation (10%)
Presentation in class, with written submission (30%)
Take Home Examination (60%)

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.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students in the LLB course:

LAW1101 Introduction to Legal Reasoning
LAW 1104 Research and Writing or equivalent introductory units at another university.

For students in the LLB Hons course:
LAW1111, LAW1112, LAW1113, LAW1114, LAW2101, LAW2102, LAW2111 and LAW2112

Prohibitions

LAW4155 International Human Rights Law
LAW7155/5327 International human rights
LAW7026/5304 Overview of international human rights 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedMalaysia Trimester 2 2015 (Day)

Synopsis

In its first part, the unit will consider the nature, characteristics and objectives of Islamic Law and contrast them with 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 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. Demonstrate a sound understanding of the nature, sources and fundamental principles of Islamic law
  2. Explain the basic principles of certain branches of Islamic law, namely: Islamic family law, Islamic banking and takaful, and Islamic criminal law.
  3. Critically assess the role of Islamic law in the Malaysian legal system
  4. Undertake research into and analyse decisions of Malaysian Shariah courts and related secondary materials
  5. Use legal reasoning skills to develop arguments from principles of Islamic law to address legal issues raised in factual scenarios
  6. Communicate effectively, both orally and in writing, on current issues of Islamic law in Malaysia and internationally
  7. Reflect on and assess their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development

Assessment

Class participation (10%)
Class paper - 1,500 words (30%)
Take home examination (60%)

Workload requirements

Semi-intensive, 9 hours

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB course prior to 2015:
LAW1101 Introduction to Legal Reasoning
LAW1104 Research and Writing

For students who enrolled in the LLB (Hons) from 2015:
LAW1111 Foundations of law
LAW1114 Criminal law 1
LAW2101 Contract A
LAW1113 Torts
LAW1112 Public law & statutory interpretation
LAW2112 Property A
LAW2102 Contract B
LAW2111 Constitutional law

For other students:
Equivalent introductory units from 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)
Clayton Second semester 2015 (Day)
Clayton Summer semester A 2015 (Day)

Synopsis

The unit examines key aspects of the Commonwealth income tax, goods and services tax and superannuation tax systems. It examines taxation theory and policy and maps the constitutional and administrative framework of the federal tax system. The unit focuses on the following topics: goods and services tax, ordinary and statutory income, general and specific deductions, capital allowances, capital gains tax, taxation of companies and shareholders and the taxation of superannuation contributions and investments. Special emphasis is placed on how the taxation law applies to common commercial transactions.

Outcomes

On completion of this unit students should be able to:

  1. understand the basic theoretical, constitutional, administrative and policy framework that underpins the Australian federal taxation system;
  2. understand fundamental principles of goods and services tax, income tax and superannuation tax law;
  3. understand how to calculate tax liabilities;
  4. research, select and apply basic principles of taxation law to generate appropriate responses to practical legal problems and commercial issues;
  5. articulate key concepts concerning the operation of the tax system and evaluate these concepts within theoretical, policy, constitutional and commercial contexts;
  6. apply interpretive techniques to synthesize legal principles from judicial decisions and apply statutory interpretation principles to determine the meaning of complex legislation;
  7. evaluate the basic taxation law implications of common commercial transactions; and
  8. communicate and collaborate in ways that are effective, appropriate and persuasive.

Assessment

1. Collaborative group research paper focusing on a current taxation law issue related to a topic or topics covered in the unit (25%)
2. Final examination 2.5 hours plus 30mins reading and noting time - tests key legal principles and their application to practical taxation problems and that tests how students calculate taxpayer tax liabilities (75%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111; LAW3112

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW4331


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.

LevelUndergraduate
FacultyFaculty of Law
Monash Passport categoryInternship (Act Program)
OfferedNot offered in 2015

Quota applies

The number of places available for this unit is limited by the number of agencies and placements offered in each year. The number of places in 2014 is 22.

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.

Outcomes

A candidate who successfully complete the unit should:

  1. apply broad discipline knowledge to find solutions to complex problems
  2. exercise critical thinking and professional judgement in developing new understanding
  3. show technical skill in designing, conducting and reporting on a research project
  4. plan and execute a professional project with a degree of independence and accountability
  5. communicate a clear and coherent exposition of legal and policy issues in ways that are effective for the purpose and the intended audience
  6. collaborate with others on a project in a workplace setting

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

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A to Semester one 2015 (Day)
Clayton Trimester 2 2015 (Day)
Clayton Trimester 3 2015 (Day)

Quota applies

The number of places available in this unit is 20

Synopsis

Students may enrol in 1 of the following clinics:

  1. Sexual Assault Clinic - in conjunction with the South Eastern Centre Against Sexual Assault (SECASA) at Springvale Monash Legal Service (4 places, all clinical periods) - legal services to victims of sexual assault.

  1. Human Rights Clinic - in conjunction with the Castan Centre for Human Rights at Holding Redlich, Solicitors (2 places, Clinical Period 2 and 3) - litigation involving human rights in the broadest sense - everything from compensation for workplace injuries and discrimination to assisting asylum seekers and elderly victims of fraud and predatory lending. Immediate casework supervision is provided by the law firm and academic coordination by a member of Castan Centre staff.

  1. Family Violence Clinic - assisting victims of Family Violence (2 places, all clinical periods) - assisting victims of family violence by attending the court on family violence list days and assisting the duty lawyer to help clients make victims of crime applications to the Victims of Crime Tribunal.

  1. JobWatch clinic- Students are based at Jobwatch, in the city (2 places, clinical periods 2 and 3). Students receive extensive training and support to give advice on the telephone advice line in relation to various employment law issues, and assist with legal education materials.

  1. Monash/Ashurst Corporate Governance and Responsibility Clinic - (4 places, semesters 1 and 2) This clinic is open to students who have completed Corporations Law (LAW4171). Students participating in this clinic will work with faculty members, practitioners and corporations to provide advice on corporate governance and social responsibility issues to not-for-profits and/or ASX listed companies.

  1. Victoria Legal Aid Strategic Advocacy Clinic (2 places, semesters 1 and 2) - Students participating in this clinic will be partnered with a Public Defender or Advocate from Victoria Legal Aid Chambers to work on a strategic advocacy project that aims to facilitate change to benefit the community, by remedying a legal problem, policy or process. Students, working in pairs and under the supervision of a Chambers practitioner, will research and analyse a strategic advocacy topic and consider possible remedies to address the problem.

Outcomes

Upon completion of this subject students should:

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

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcome for this unit is one 3-hour clinic session per week plus follow up research and casework. In addition to the weekly intake session, students will be required to spend up to 6 hours per week in research, case preparation and consultation with their supervisor. Scheduled activities may include a combination of teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Renata Alexander (Summer Semester)
Mr Ross Hyams (First Semester)
Dr Kate Seear (Second Semester)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 orLAW1104; LAW2100 OR LAW2101 and LAW2102; LAW2200 OR LAW2201 and LAW2202; LAW3300 orLAW3301 and LAW3302.

In addition, students intending to undertake any of the following clinics:

+ Sexual Assault Clinic
+ Family Violence Clinic
+ JobWatch Clinic

must have completed LAW4328 (or LAW5216) or LAW4330 (or LAW5218). In other clinics preference for a placement will be given to students who have completed these units.

Please see http://www.law.monash.edu.au/cle.html for an application form and more information.


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

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

Outcomes

Students who successfully complete this unit will:

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

Assessment

1 research activity of 5000 words, for example:
a submission to government on a specific aspects of law reform;
a set of community explanatory statements concerning projected changes to local laws and regulations;
a brief to media on the regional effects of government policy and regulation
OR
1 x joint research activity, involving two or more students - total of 5000 words. Can include electronic material, fact sheets etc. 65%
5 x journal entries outlining progress of project 10%
plus 1 public presentation of progress of project 25%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

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

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2015 (Day)
Coordinator(s)Ms Rowena Cantley-Smith

Quota applies

The number of places available in this unit is 30 - 40 (depending on the number and identity of the competitions in which students enrolled in the unit participate)

Synopsis

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

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

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

Outcomes

By the end of this unit, students will be able to:

  • Analyse a practical problem to identify the legal issues
  • Plan and execute a legal research task independently
  • Conduct legal research and locate appropriate case law, legislation and secondary materials
  • Draft concise written summaries of complex legal arguments
  • Interpret and apply legislative provisions in solving a legal problem
  • Engage in self-directed learning
  • Orally present a complex legal argument in a concise and compelling manner
  • Answer legal questions from a judge or arbitrator in real time
  • Identify and evaluate relevant ethical and moral issues in legal situations
  • Work as a team in solving a legal problem
  • Critique the work of peers in a professional manner

Assessment

Participation in seminars: 10% - This includes both class participation and engagement in constructive critique of other students' presentations.

Written submissions: 30% - Group mark (approximately 1500 words for each of the appellant/applicant and respondent)

Oral presentation: 60% - Individual mark, judged in the final practice moot before competition.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

LAW1102 and LAW1104
This unit is subject to a quota. Further information is available from the Law Faculty.


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A 2015 (Day)

Quota applies

The number of places available in this unit is 5

Synopsis

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

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

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

Outcomes

The objectives of this unit include, inter alia, to

  1. Interpret critical components of public law; in particular public international law

  1. Examine and critically analyse traditional and emerging areas of international law and key issues of public international law arising out of the annual competition problem (the compromise);

  1. Undertake an advanced level of international law legal research and apply legal writing skills associated with the public international law and the International Court of Justice;

  1. Construct and develop written and oral legal argument within the context of public international law and the International Court of Justice;

  1. Utilise and assimilate the practice and procedures of the International Court of Justice in presenting the written and oral argument;

  1. Demonstrate proficiency in oral advocacy practical skills associated with international court of justice;

Assessment

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

Workload requirements

The unit requires a far larger workload commitment than other units, approximately 300 hours, during the period of October-April. (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.)

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111; LAW3112 and LAW4122

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101; LAW1102 or LAW1104; LAW4122


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton First semester 2015 (Day)

Notes

Students must apply for selection by submitting an application in 2nd Semester of the year before, following the call for expressions of interest. Students whose applications are successful will be granted permission to enrol by the Chief Examiner.

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.
  2. Identify and apply legal research to generate persuasive argument, 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.
  3. Locate, isolate and 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, 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 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. (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.)

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111 Note: Students can still be completing LAW2102 at the time of applying for Vis selection.

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 OR LAW2101 and LAW2102


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.

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

Synopsis

Only Student Editors of the "Monash University Law Review" have the opportunity to 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.

Outcomes

At the conclusion of this course, 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 man-age the practical aspects of timely, effective publication and distribution of the jour-nal. [TLO1]

  • recognise and reflect upon, and a developing ability to respond to, ethical issues that arise in the process of editing an academic journal including conflicts of interest and intellectual property issues. [TLO2]
  • Learn and work with autonomy, accountability and professionalism. [TLO2]

  • Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development. [TLO2]
  • exercise professional judgment and justify their own conclusions in assessing the quality of academic writing. [TLO2]
  • Collaborate effectively with Faculty Advisors and the student editorial committee to manage the process of publishing the "Monash University Law Review" [TLO5]
  • Communicate in ways that are effective, appropriate and persuasive with submit-ting authors, reviewers, Faculty advisors and members of the student editorial committee. [TLO5]

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, arranging checking by Editorial Board and managing the completion of readying articles for publication in the journal over the course of one semester. The spreadsheet should show the agreed allocation of responsibilities for tasks at the beginning of each semester. It should highlight the tasks actually undertaken by each Student Editor and the dates of completion. The spreadsheet should be signed by all editors.

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 may include tasks completed as shown on the spreadsheet, communications with authors and reviewers, and edited copy of articles.

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Full year 2015 (Day)

Synopsis

Only Student Editors of the "Monash University Law Review" have the opportunity to 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.

Outcomes

At the conclusion of this course, 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 man-age the practical aspects of timely, effective publication and distribution of the jour-nal. [TLO1]

  • recognise and reflect upon, and a developing ability to respond to, ethical issues that arise in the process of editing an academic journal including conflicts of interest and intellectual property issues. [TLO2]
  • Learn and work with autonomy, accountability and professionalism. [TLO2]

  • Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development. [TLO2]
  • exercise professional judgment and justify their own conclusions in assessing the quality of academic writing. [TLO2]
  • Collaborate effectively with Faculty Advisors and the student editorial committee to manage the process of preparing two issues of the Monash University Law Review for publication [TLO5]
  • Communicate in ways that are effective, appropriate and persuasive with submit-ting authors, reviewers, Faculty advisors and members of the student editorial committee. [TLO5]

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:

A spreadsheet documenting the tasks to be completed by the Student Editors in the process of receiving submitted articles, assessing them, communicating with authors, arranging checking by Editorial Board and managing the completion of readying articles for publication in the journal over the course of one semester. The spreadsheet should show the agreed allocation of responsibilities for tasks at the beginning of each semester. It should highlight the tasks actually undertaken by each Student Editor and the dates of completion. The spreadsheet should be signed by all editors.

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.

Publication or substantial progress towards publication of two issues of the "Monash University Law Review". Evidence of "substantial progress" towards publication of one issue may include tasks completed as shown on the spreadsheet, communications with authors and reviewers, and edited copy of articles.

Workload requirements

Work-integrated learning 288 hours over the semester/year.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112


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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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 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.

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


18 points, SCA Band 3, 0.375 EFTSL

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

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


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.

LevelUndergraduate
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 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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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)
Overseas 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 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.

LevelUndergraduate
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)
Overseas 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 exchange program to ensure fees and credit are processed accurately.


18 points, SCA Band 3, 0.375 EFTSL

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

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


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.

LevelUndergraduate
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 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.

LevelUndergraduate
FacultyFaculty of Law
Monash Passport categoryDepth (Enhance Program)
OfferedClayton Second semester 2015 (Day)
Coordinator(s)Mr Lloyd England

Synopsis

This Unit provides an overview of fundamental legal concepts, principles and institutions which affect professionals across disciplines. Working individually and in groups, students will research and communicate information about current legal issues as applied to their selected profession or discipline.

Outcomes

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

  1. Locate and apply regulatory requirements relevant to the student's intended profession
  2. Research, articulate and apply the legal principles relevant to issues arising in professional practice
  3. Communicate effectively about legal principles to a professional audience in a suitable format
  4. Integrate and synthesise inter-disciplinary perspectives to resolve legal problems arising in professional practice
  5. Collaborate effectively with students within and across disciplinary backgrounds in producing a group work output.

Assessment

Research essay (3000 words): 60%
Group work product (1500 words each) and presentation: 30%
Class participation and attendance: 10%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

48 credit points completed in a bachelor degree course. This unit has a quota and selection process. Please note that there is an application form for this unit, available at: http://www.law.monash.edu.au/current-students/resources/forms/index.html

Prohibitions

LAW1101 - Introduction to legal reasoning
LAW1104 - Research and writing
HSC3001 - Health law and ethics
BTH2012 - Biotechnology regulation law and ethics
NUR1202 - Legal issues and concepts