Monash University Handbook 2015 Undergraduate - Units

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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;

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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

1. Apply knowledge and understanding of the various views, including economic theories, concerning the rationale for and objectives of international commercial law with creativity and initiative to new situations for further learning;

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

3. Conduct research in the content of the main issues that should be addressed when negotiating a contract for the international sale of goods and services, the financing of international transactions, and the transport of goods internationally based on knowledge of appropriate research principles and methods;

4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the law dealing with international contracts of sale, including the laws dealing with international payment of goods and the law relating to the contracts of carriage and insurance of goods.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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;

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

3. 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;

4. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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;

2. 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;

3. 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;

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.