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

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

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

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

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

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

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

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

1. Examination (2 hours plus 30 minutes reading time): 50%
2. Legal problem-solving assignment (2,250 words): 30%
3. Oral presentation: collaborative project: 10%
4. Reflective report (750 words): 10%

LAW5001 - Students enrolled in this unit will be provided with 30 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering plus 6 hours of tutorials. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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

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

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

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

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

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

On completion of this unit students will be able to:

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

1. Research assignment (case focused assessment, such as a case note - 3000 words):40%; and
2. Examination (2 hours plus 30 minutes reading and noting time): 60%

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

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

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

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

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

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

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

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

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

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

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

The unit examines the concept and categories of real and personal property; the interface between contractual and property rights; the nature of types of property right including freehold and leasehold estates, modes of creating and transferring property rights in law and equity; possession as a source of title, and includes types of property rights in land owned by another, such as mortgages, easements, restrictive covenants and profits a prendre.

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

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

1. Collaborative class activity requiring research, oral presentation and an individual written research memorandum:
   • 10% for presentation of oral component; and
   • 20% for written research memorandum (1500 words).
2. Examination (2 hours plus 30 minutes reading time): 70%

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

The unit examines the Victorian and Australian Constitutions, the Statute of Westminster and the Australia Acts; the separation of judicial powers at State and Commonwealth levels; Australian federalism and inter-governmental relations, including the distribution of legislative and fiscal powers between the Commonwealth and the States, inconsistency of laws, and intergovernmental immunities; some principal Commonwealth legislative powers; limitations on governmental power, including selected express and limited constitutional rights and freedoms, and critical analysis of techniques and principles of constitutional interpretation.

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

1. analyse and critically evaluate the current state of Commonwealth and Victorian constitutional law and practice, and discuss reform issues;
2. analyse and critically evaluate judgments of the High Court of Australia and other Australian courts in constitutional cases, including from the perspectives of
   1. the interpretive techniques used, and
   2. the principles or policies underlying the relevant constitutional doctrines or provisions;
3. demonstrate sophisticated cognitive and creative skills to justify and interpret professional opinions relating to the constitutional validity of Commonwealth and Victorian legislation and executive actions, and to make reasoned and appropriate choices among alternatives;
4. select, analyse and apply constitutional law interpretive principles to generate appropriate jurisprudential and practical responses to complex legal issues;
5. communicate and collaborate effectively and persuasively; and
6. work with a high degree of autonomy, independence and professionalism

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

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

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

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

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

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

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

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

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

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

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

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

The unit introduces the basic principles of Australian corporations law. The unit examines the corporation as a separate legal entity and those situations where the law ignores the separateness of the corporation; classification of Australian companies; adopting, altering and enforcing the corporate constitution; how a company enters binding contracts with third parties; corporate governance and the role and duties of directors; membership of companies, company meetings and members' rights and remedies; corporate finance, share capital, share capital transactions and dividends; administration of insolvent companies and winding up. The unit considers the legal principles in these areas critically and in their social, economic and policy context.

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

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

Research assignment (3,000): 40%

Examination (2 hours plus 30 min reading time): 60%

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

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

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

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

1. Examination (2 hours plus 30 minutes reading and noting time): 50%
2. Legal submission (paired activity) (3,000 words): 30%
3. Oral presentation of the submission: 10%
4. Written reflection (750 words): 10%

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. 3 minute video presentation: 10%
2. Research essay (2,250 words): 30%
3. Examination (2 hours plus 30 minutes reading time): 60%

Students enrolled in this unit will be provided with 30 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

NOTE: This unit should be undertaken only by students who undertook Principles of Property Law LAW5006 in/after Trimester 2 2016. Any student who has been on overseas study leave, or who did not study mortgages, easements, profits a prendre and restrictive covenants in Principles of Property Law should contact the Chief Examiner immediately to obtain supplementary materials.

This course builds upon the Principles of Property Law course in relation to Land Law, set within the context of priority disputes. The unit examines: resulting trusts and constructive trusts in relation to land, concurrent ownership including the rights and duties of co-owners, the detailed operation of the Torrens System and the Transfer of Land Act 1958 (Vic), including: registration; the meaning and purpose of indefeasible title: fraud and other exceptions to indefeasibility: the compensation provisions; the status and enforceability of unregistered interests; the caveat system; and the priority rules for registered and unregistered interests.

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

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

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

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

Students undertake a practical placement at a community legal centre which endeavours to meet the needs of its community. Under supervision by qualified solicitors, students provide legal advice to clients, undertake ongoing casework, brief Counsel, and in appropriate cases, represent clients in Court. Students acquire a diverse range of practical legal skills essential for legal practice including: the capacity to undertake legal research and apply legal research to factual scenarios; the ability to synthesise professional, technical and ethical knowledge acquired in the law degree and apply it in a practical legal context; skills in critical thinking and legal judgment; the capacity to independently devise legal solutions for complex legal problems and to provide non-adversarial options to clients for dispute resolution; and the capacity to identify and respond to ethical, moral and professional dilemmas in legal practice. Students also develop an appreciation of social justice and access to justice issues and have a heightened awareness of the operation of the justice system, law reform and policy issues. The skills learnt in this unit will be useful for students who wish to practice law, along with students interested in policy, government and social justice career pathways. Students will develop the capacity to be flexible, adaptable, independent legal practitioners.

Students completing this unit will be able to:

1. Independently undertake complex legal research and, using such research:

   (a)Assess and articulate adversarial and non-adversarial options for clients, including the strengths and weaknesses of available legal options;

   (b)Pro-actively develop and transmit solutions to complex legal problems;

   (c)Demonstrate a capacity for recognising and appropriately responding to the strategic and ethical implications of different legal approaches; and

   (d)Critically analyse legal principles and the legal system, from a variety of perspectives including theoretical perspectives, identifying gaps and inadequacies in the provision of legal supports to communities.

2. Effectively communicate (both orally and in writing) legal advice, information, options for litigious and non-litigious pathways, arguments, strategies and theories of justice (including non-adversarial justice) with a wide range of audiences involved in the justice system.
3. Demonstrate practical legal skills of interviewing, advocacy and drafting; and appropriate use of non-adversarial methods and principles for the resolution of client disputes (mediation, negotiation collaboration, arbitration).
4. Reflect on and assess their own capabilities and performance as flexible, adaptable, independent future legal practitioners by having developed skills of self-reflection and self-management, and to independently synthesise this information to aid in the exercise of sound professional and ethical decisions to a sophisticated degree.

Performance of responsibilities at clinic: 80%

Reflective journal: 20%

Minimum total expected workload to achieve the learning outcome for this unit is one half-day Legal Service client intake session per week for 14 weeks (including non-teaching period) plus one and a half days per week client follow-up and including a seminar of 90 minutes' duration, for 6 weeks. Scheduled activities may include a combination of teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

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

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

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

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

Negotiated research project: 70%

Negotiated project plan and journal reporting on progress (2000 words): 20%

Oral presentation on project and learning outcomes: 10%

A total of 132 hours of internship at an agency.

PG113

In this unit, students apply research, thinking and communication skills and specialist discipline knowledge to complete an independent research project. Students will receive a six hour introduction on research skills at the start of the project and three hours mid way. The emphasis is upon independent study with the use of library online information regarding study skills.

Further information is available at:

http://www.monash.edu/law/current-students/postgraduate/enrolment-guidelines-pg-law-5052

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

1. demonstrate advanced and integrated knowledge of contemporary developments in the law and its professional practice;
2. identify, synthesise, evaluate and apply relevant legal and factual issues;
3. apply legal reasoning, specialised discipline knowledge and research skills to generate appropriate jurisprudential and practical responses to legal issues;
4. demonstrate the intellectual and practical skills to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions and develop new understandings;
5. collaborate and communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and
6. learn and work with a high level of autonomy, accountability and professionalism to plan and conduct a professional project with some independence.

For students who complete the research project as an individual activity:

• Hurdle requirement: Completion of online masters research skills module; and
• Project plan (1,500 words): 20%;
• Research paper (6,000 words): 80%

For students who complete the research project as group activity (in groups of 3 or 4):

• Hurdle requirement: Completion of online masters research skills module; and
• Reflective journal entries on the conduct of the project (individual online activity, 750 words): 10%;
• Project plan (group activity, 2,000 words): 20%;
• Research project paper (group activity, 12,000 words): 70%.

Students enrolled in this unit will be required to attend nine hours of teaching and complete the online research modules. The rest will be independent research.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Two Written Memoranda (Team) 20%

Oral Assessment (Mooting): 80%

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

Examination of current issues in Public International Law, with the scenario usually based, in part, upon a contemporary issue or problem in global governance. The focus is on oral advocacy, research skills, strategic thinking and team work. The subject culminates in a national mooting competition in Canberra, with the two finalist teams advancing to the international competition in Washington, D.C.

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

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

One written memorandum (Team) 50%

Oral Assessment (Mooting): 50%

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

This project-based unit will require students to apply their theoretical classroom knowledge and creative problem solving to practical, workplace related issues and demonstrate the ability to link legal doctrine with 'real world' problems.

Students will work, individually or as a team, with an industry partner on a defined piece of work with a specific 'real world' deliverable. The work will be performed primarily on campus or remotely. Students are not supervised on a day-to-day basis, but the Law Faculty will provide broad academic supervision and an assessment regime. This unit will operate as a 'shell unit' for a variety of WIL projects which will alter and change on a semester-by-semester and/or year-by-year basis, depending on the required 'life' of the particular project.

On completion of this unit, students should:

1. apply theoretical knowledge and creative problem solving to practical, workplace related issues;
2. demonstrate the development of skills and knowledge related to the legal profession and applicable to other workplaces;
3. critically evaluate work practices and reflect upon practical experience for application to future practice;
4. demonstrate well developed workplace etiquette.
5. demonstrate a high level of skills appropriate to working in a collaborative, team based environment.
6. develop legal solutions to complex problems by synthesising existing legal knowledge, legal research and technical and practical information

Research assignment (2250 words) The assignment topic will be agreed upon between the student and CE of the unit, and assessed by the CE: 30%

Project-based assignment, providing an overview of the factual matrix of the project, the work performed and the expected outcomes. 2000 words: 40%

Host supervisor report - third party performance appraisal, review and feedback based on a Faculty supplied rubric: 30%.

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

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

On completion of this unit students will be able to:

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

Research paper (3750 words): 50% and

Examination (2 hours): 50% or

Take-home examination (3750 words): 50% (to be determined by the unit lecturer)

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

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

On completion of this unit students will be able to:

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

Discussion board participation (750 words): 10%

In-class exercises: 45%

Research assignment(s) (3375 words): 45%

Workload requirements

Classes commence two weeks prior to the beginning of Semester 1 and Semester 2.

Equivalent of 36 contact hours per semester (either intensive, semi-intensive or semester long; either face-to-face, online or some combination thereof, depending on the Faculty resources, timetabling and requirements).

Classes commence two weeks prior to the beginning of Semester 1 and Semester 2.

36 contact hours per semester (either intensive, semi-intensive or semester long; either face-to-face, online or some combination thereof,, depending on the Faculty resources, timetabling and requirements).

Masters coursework students take this unit in their penultimate or final semester. Students in LAW5082 are attached to a nominated masters unit (in their specialisation area, if any) in which they participate as any other student. However, instead of completing the attached unit's ordinary assessment, they complete research-focused assessment based around the subject area. Thus, in addition to learning the substantive aspects of law studied in their class, they apply research, thinking and communication skills and specialist discipline knowledge to independently complete a substantial research project.

On completion of this unit students will have demonstrated:

research skills to investigate, analyse and synthesise complex information, problems, concepts and theories;

creative skills to plan, design, evaluate, implement, analyse and theorise about developments that contribute to professional practice or scholarship;

cognitive skills to apply theories, knowledge and skills to different legal areas or to new situations in legal practice or scholarship;

creative skills to design, evaluate, implement, analyse and theorise about developments that contribute to professional practice or scholarship;

thinking skills to discuss complex and abstract legal ideas and theories;

communication and interpretive skills to justify arguments, methods, and conclusions to a scholarly or professional audience; and

the application of research methods and specialist discipline knowledge to plan and execute a substantial research-based project with a high level of personal autonomy and accountability.

1. Hurdle requirement: sign-off of preliminary topic proposal
2. Hurdle requirement: completion of online masters research skills module
3. Hurdle requirement: participation in an hour-long session with learning skills advisor prior to submission of project plan
4. Project plan and annotated bibliography (1875 words): 25%
5. Research paper (5625 words): 75%

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

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

On completion of this unit students will have:

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

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

The thesis will be assessed by an examiner under the Faculty regulations.

Please note that there is an application process for this unit, available at: http://law.monash.edu.au/current-students/enrolments/enrolment-guidelines-pg-research-units.html

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

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

On completion of this unit students will have:

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

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

The thesis will be assessed by an examiner under the Faculty regulations.

Please note that there is an application process for this unit, available at: http://law.monash.edu.au/current-students/enrolments/enrolment-guidelines-pg-research-units.html

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

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

On completion of this unit students will have:

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

Research paper (7,500 words): 100%

Please note that there is an application process for this unit, available at: http://law.monash.edu.au/current-students/enrolments/enrolment-guidelines-pg-research-units.html

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

On completion of this unit students will be able to:

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

One research assignment (3,750 words): 50%

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

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

The unit covers copyright, the branch of intellectual property law concerned with protecting various forms of creative and informational expression. We will study the rationales for granting protection, the international treaty framework, the legal principles governing subsistence, infringement, ownership and licensing, related rights (including moral rights and the resale royalty) and proposals for law reform. The unit is delivered via a 'flipped classroom' model, with students expected to cover the bulk of the substantive content out of class time using the detailed notes and videos provided. Seminar hours will be spend applying that law to a range of fact scenarios and discussion important issues of national and international copyright policy. At the end of the unit, participating students will have significantly developed their higher level reasoning, problem-solving and advocacy skills.

On completion of this unit students will be able to:

1. apply knowledge and understanding of recent developments in relation to copyright law with creativity and initiative to new situations in professional practice;
2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Australian and international copyright law;
3. interpret and identify interpretative challenges in complex legislation;
4. debate, decide, enunciate and defend positions on important questions of copyright policy, orally and in writing; and
5. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to copyright law.

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

Research assignment (3,750 words): 50%

This unit utilises a flipped learning approach. As for other units, 144 student learning hours will be expected over the course of the unit, including 21 hours of face-to-face seminars.

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

On completion of this unit students will be able to:

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

Research essay (5250 words): 70%

Take-home Exam (2250 words): 30%

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

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

On completion of this unit students will be able to:

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

Research assignment (7,000 words): 90%

Class participation and attendance: 10%

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

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

On completion of this unit students will be able to:

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

Research essay (max 7,500 words): 100%

OR

Two research essays (max 3,750 words each): 50% each

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

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

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

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

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

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

On completion of this unit students will be able to:

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

Research assignment (6,750 words): 90%

Class participation: 10%

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

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

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

Take home examination (3,000 words): 40%

Class participation: 10%

OR

Research assignment (7,000 words): 90%

Class participation: 10%

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

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

On completion of this subject students should:

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

Either research assignments (3,750 words): 50%

Moor Court participation: 40%

Class presentation: 10%

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

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

On completion of this unit students will be able to:

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

Research paper (3,750 words): 50%

Take-home examination: 40%

Class participation: 10%

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

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

On completion of this unit students will be able to:

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

One written assignment (2250 words): 30%

One research assignment (5250 words): 70%

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

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

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

On completion of this unit students will be able to:

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

Research paper (3,750 words): 50%

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

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

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

On completion of this unit students will be able to:

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

Class participation: 10%

Research assignment (3750 words): 50%

Take-home examination (3000 words): 40%

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

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

On completion of this subject students will be able to:

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

Research assignment (3,750 words): 50%

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

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

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

On completion of this students will be able to:

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

Research paper (6,000 words): 80%

Take-home exam (1,500 words): 20%

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

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

On completion of this unit students should have:

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

1. Participation in two simulated mediation exercises (assessed in class) PLUS a Reflective Journal on the student's mediation exercise experiences

2. words) Value: 40%

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

   OR

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

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

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

On completion of this unit students will be able to:

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

Optional written assignment (3,750 words): 50%

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

OR

Subject to the lecturer's approval

Take home exam (7,500 words): 100%.

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

The unit provides a comprehensive and critical examination of current issues relating to laws which affect public information in the possession of, or generated by, the federal and Victorian governments (including statutory authorities and municipalities). Its key focus is on freedom of information and privacy laws.

On completion of this unit students will be able to:

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

Research assignment (5,250 words): 70%:

Take-home examination (2,250 words): 30%

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

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

On completion of this unit students will be able to

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

Research Assignment - outline: 30%

Class presentation: 10%

Research Assignment - final (4,500 words): 60%

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

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

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

Class participation: 10%

Take home examination (3,000 words): 40%

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

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

On completion of this unit students will be able to:

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

Research paper (3,750 words): 50%

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

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

This is an important unit for any student who practises or seeks to practise in the area of intellectual property law or who works in an innovative commercial environment where research results in new products and processes. A patent provides the patentee with a critical and powerful tool for commercial exploitation of new inventions in all fields of technology. Invention is necessarily exciting and dynamic and leads to cutting edge innovation in such areas as biotechnology, nanotechnology, medical and therapeutic devices and treatments, business methods and systems and internet related inventions. The grant of patent monopoly rights provides the owner with a powerful tool that directly impacts on competition. A patent can have significant implications for users and the public in general who seek access to new technology on reasonable terms.

An essential feature of the patent system is the public disclosure of the invention in return for the patent monopoly but the use of that information is restrained by the scope of the patentee's exclusive rights. The equitable doctrine of breach of confidence provides an alternative form of protection for inventions where secrecy is maintained.

This unit teaches the fundamental principles of patent law and the laws that protect trade secrets in an interactive manner and with recourse to both legal and practical materials that aid understanding and appreciation of the underlying concepts and policy issues.

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

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

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

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

On completion of this subjects students should be able to:

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

Class participation: 10%

Assignment (2,250 words): 30%

Take-home examination (4,500 words): 60%

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

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

Comparisons will be made with laws governing collective labour rights in the United States, Canada and the United Kingdom.

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

On completion of this unit students will be able to:

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

Research assignment (5,250 words): 70%

Short in-class presentation 10%

Short paper on topic of class presentation (1500 words) 20%

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

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

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

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

Research assignment (3,750 word): 50%

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

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

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

On completion of this unit students will be able to:

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

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

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

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

Students who successfully complete this unit should:

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

Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Assessed essay (3,750 words): 50%

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

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

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

On completion of this unit students will be able to:

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

Malaysia attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Group presentation:20%

Individual assignment (1500 words):20%

Take home exam:60%

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

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

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

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

Research assignment (3,750 words): 50%

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

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

Commercial law

International and comparative law

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

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

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

Research assignment (7,500 words): 100%

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

This course will explore the international protection regime for refugees including state obligations under international refugee law, human rights and the law of the sea. It will compare and contrast key concepts and practices of refugee protection, amongst receiving states. It will then address issues raised by regional responses such as deterrence measures and the externalization of border control policies.

On completion of this unit students will be able to:

• Creatively apply knowledge of recent developments in International Refugee Law and Practice to new and unfamiliar situations in professional practice and/or for further learning;
• Investigate, analyse, synthesise and discuss the complexities of International Refugee Law and Practice problems, concepts and theories and
• Use technical and creative skills to generate and evaluate complex ideas and concepts relevant to International Refugee Law and Practice.

Prato attendance requirement: students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Research assignment (3,750 words): 50%

Take Home exam: (3,000 words): 40%

Class participation: 10%

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

Human rights law

International and comparative law

The unit will cover a series of topics arising in the comparative study of constitutional systems, mostly in the western-liberal tradition. Comparative constitutional law is a rapidly expanding and maturing field, embedded in a context of global spread of democratic models in the last half-century and the expansion of international human rights. The variety of constitutional models prevailing today will be examined and critiqued (among them the French system), including the structure of government (how countries are governed and political power is organised) and frameworks of human rights protection (how constitutions in democratic countries contribute to the effective protection of human rights).

Special attention will be devoted to issues such as:

• Constitutional stability and change in democratic regimes: aims, means, consequences of constitutional stability; constitutional customs, even contra legem; breach or disputable use of constitutional rules; means, usefulness and dangers of constitutional reviews; the "constitutional clean slate" (the choice of a democratically elected Constituent Assembly to produce an entirely new text).
• Constitutions and religions: the place of religion in constitutional texts; the weight of religion in constitutional development as well as in constitutional and statutory interpretation.
• Constitutions and minorities: reconciling majority and minority rights
• Constitutions as a social/political project: Constitutions as guidelines for future public policy and development of human rights.

On completion of this subject, students should:

1. be able to apply detailed knowledge and advanced understanding of the various alternatives in the institutional design of the principal constitutional organs, and the advantages and disadvantages of each; as well as of the role of constitutions as a framework for protection of human rights in selected constitutional systems;
2. be able to formulate, investigate and critically consider complex problems relating to the issues identified in the synopsis;
3. be able to demonstrate sophisticated legal research and writing, and legal argument skills by undertaking systematic and creative research into legal policy, rules and procedures and comparative perspectives relating to constitutional law and individual rights;
4. have developed advanced skills of oral presentation, and participation in an interactive learning context, in relation to issues of legal policy, rules and arguments from the field of comparative constitutional law.

Malaysia attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Short paper (1,500 words): 20%

Research assignment (4,500 words): 60%

Participation: 10%

Presentation: 10%

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

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

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

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

Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Assessed moot: 50%

Research assignment (3,750 words): 50%

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

The growth of international criminal jurisdiction and the continual improvement in opportunities for legal cultures to interact with one another have led to a much greater interest, both practical and theoretical, in comparative criminal law over the last decade or so. Even within Australia, the creation of a federal Criminal Code has allowed for an even more extensive use of the possibilities inherent in federalism for comparative criminal law within the one country. The first topic to be examined is what use can be made of comparative criminal law and the pitfalls that may be encountered in doing so.

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

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

Research assignment (3,750 words): 50%

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

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

This unit focuses on issues relating to psychiatry, psychology and law. Topics covered will include the involvement of psychiatrists and psychologists in the legal system, such as: assessment of mental health conditions and decision-making capacity for the purposes of adult guardianship and mental health legislation; assessments for the purposes of law relating to unfitness to stand trial, automatism, the defence of mental impairment and sentencing; risk assessments for the purposes of serious sex offender legislation; expert evidence and legal aspects of privacy and confidentiality in mental health care.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments and controversies in relation to psychiatry, psychology and law with creativity and initiative to new situations in professional practice and/or for further learning;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to psychiatry, psychology and law and understand when and why psychologists and psychiatrists may be called to give evidence in the courts and tribunals;
• Conduct research in the areas of psychiatry, psychology and law based on knowledge of appropriate interdisciplinary research principle and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to psychiatry, psychology and law.

Research assignment (3750 words): 50% + Take home examination (3750 words): 50%

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

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

On completion of this unit students will be able to:

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

Research assignment (5,000 words): 70%

Research assignment (2,500 words): 30%

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

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

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

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

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

This unit examines:

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

On completion of this unit students will be able to:

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

Class participation: 10%

Take-home examination (no more than 2,250 words): 30%

Research paper (4,500 words): 60%

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

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

On completion of this unit students will be able to

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

Class participation: 10%

Research assignment (3,750 words): 45%

Take home examination (3,750 words): 45%

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

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

On completion of this unit students will be able to:

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

o Key provisions to be included in licensing contracts;

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

o Effective negotiation tactics.

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

Licence drafting and negotiation exercise: 30%

Take-home examination (5,250 words): 70%

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

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

On completion of this unit students will be able to:

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

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

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

This unit is designed to meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys (PSB) in relation to trade mark practice and the professional conduct of trade marks attorneys. The unit content details the process by which trade mark applications are made, opposed and registration maintained. It also deals with exploitation of registered trade mark rights via assignment, licensing and their use as security in financial transactions. It also deals with conflicts of interest and the need to maintain appropriate monitoring systems.

Emphasis is placed on the practical aspects of trade mark practice as is relevant to the practice of a registered Trade Marks Attorney. To this end, the unit places particular emphasis on the practices and procedures of the Australian Trade Marks Office. It also seeks to provide students with a practical appreciation of the practice of a Trade Marks Attorney through identification and resolution of practice and procedure issues that frequently arise when dealing with trade marks through the application process and after registration.

Professional conduct for Trade Marks and Patent Attorneys, including such issues as registration, professional liability and negligence issues, conflicts of interest, privilege, confidentiality, maintenance of rights and monitoring systems, fiduciary obligations to clients, and the Institute of Patent and Trade Mark Attorneys Code of Conduct.

Upon successful completion of this unit, students will:

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

Assignment (3,750 words): 50%

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

For professional conduct students only - Professional conduct assignment (1,500 words): Pass/Fail

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

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

On completion of this unit students will be able to:

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

Reseach paper (3,750 words): 50%

Take-home examination (3,000 words): 40%

Class participation: 10%

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

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

On completion of this unit students will be able to:

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

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

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

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

On completion of this unit students will be able to:

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

Role play (oral) assessment: 30%

Written negotiation analysis: 20%

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

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

This unit focuses on the impact upon human rights of business activities, particularly those of multinational enterprises, and accountability mechanisms for those impacts in international, transnational and domestic law. This topic is one of the most dynamic within the field of human rights, especially since the enactment of the UN Guiding Principles on Business and Human Rights in 2011. It is widely recognised that businesses cannot ignore the human rights impacts of their operations.

• Apply knowledge of the human rights impacts of businesses to propose new approaches for addressing human rights concerns
• Identify, investigate and explain a contemporary case involving the real life practice of business and human rights
• Conduct investigative research, analysis and synthesis of human rights concepts as applied to business practices using appropriate research principles and methods
• Use cognitive, technical and creative skills to generate, articulate and evaluate complex ideas and concepts relevant to business and human rights.

1. Engagement (10%)
2. Presentation (20%)
3. Written paper (1000 words plus footnotes and diagrams etc) (20%)
4. Research essay (3500 words) (50%)

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

This unit provides a detailed study of the Australian registered designs system. It includes coverage of international conventions and design protection in other countries, the origins and rationales of design protection, its relationships with other regimes that protect products of the innovative process, requirements for registration, the registration process and Designs Office practice, the examination of the registered rights (including their enforcement, maintenance and exploitation), and the relationship between designs and copyright protection. It also considers other forms of protection for designs.

This unit has been designed tomeet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Designs (topic group I).

Students who have successfully completed this unit will:

• demonstrate and apply knowledge, and understanding of the following with creativity and initiative to new situations in professional practice:
  1. the law relating to the registration of designs and the scope and enforcement of associated rights ii. other legal regimes that offer protection for designs

  iii. the international aspects for protection of designs

  iv. the skills necessary to apply for registration, prosecute the application and maintain registration of a design;

• investigate, analyse and synthesise complex information in relation registered designs protection in Australia and situations where a registered design and other intellectual property rights may co-exist in relation to the same subject matter;
• conduct research in designs law based on knowledge of appropriate research principles and methods; and
• use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas relevant to the limitations of Australian designs protection and proposals for reform.

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

Research assignment (3,000 words): 40%

Class exercise: 10%

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

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

On completion of this unit students will be able to:

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

Research assignment (5,250 words): 70%

Take-home examination: 30%

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

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

On completion of this unit students will be able to:

Apply knowledge and understanding of recent developments in relation to recognition, protection and enforcement of Indigenous rights in context of international law and international fora, with creativity and initiative to new situations in professional practice and/or for further learning

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

Conduct research in Indigenous rights based on knowledge of appropriate international law research principles and methods.

Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the rights of Indigenous peoples in international law.

Seminar participation: 10%

Literature review (equivalent to 800 words): 10%

Research paper (6,000 words): 80%

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

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

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

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

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

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

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

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

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

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

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

This unit covers the following topics:

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

On completion of this unit students will be able to:

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

Class participation with written report (1,000 words): 15%

and

Take home exam (1,500 words): 20%

Research assignment (5,000 words): 65%

or

Research assignment (6,500 words): 85%

(instead of take home exam and assignment, where appropriate and with the prior approval of the lecturer).

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

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

On completion of this unit students will be able to:

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

Research paper (3,750 words): 50%

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

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

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

On completion of this unit students will be able to:

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

Research paper outline (1,500 words): 20%

Research paper (4,500 words): 60%

Presentation: 10%

Class Participation: 10%

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

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

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

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

On completion of this unit students will be able to:

• Investigate, analyse and apply complex information, problems, concepts and theories in relation to advocacy and the adversarial system to new situations and/or further learning
• Conduct research in advocacy so as to construct, organize and deliver and effective oral argument
• At an abstract level, use cognitive, technical and creative skills to generate and evaluate complex advocacy and the adversarial system ideas and concepts sufficient to preparation for trial performance

Written case theory (1 page): 10%

Trial performance: 50%

Oral legal argument: 40%

Attendance and participation requirement: Students who fail to attend the classes in this unit or who do not participate in class as directed will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

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

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

On completion of this unit students will be able to:

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

Research paper (3,750 words): 50%

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

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

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

On completion of this unit students will be able to:

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

Research paper (3,750 words): 50%

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

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

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

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

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

or

Research assignment (7,500 words): 100%

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

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

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

Research paper (3,750 words): 50%

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

OR

Research paper (7,500 words): 100%

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

This unit offers advanced skills training in conflict resolution and the related disciplines of negotiation and mediation as they apply in the legal context. Whereas the prerequisite unit, LAW7251, canvassed the foundational insights of the Principled Negotiation and Principled Mediation models developed at the Harvard Law School, this unit extends the application of these frameworks to situations of high-level conflict and complexity and explores other models of mediation. To do this, a range of advanced-level concepts and practical tools will be introduced.

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

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

Practical skills role-play (videotaped), plus a written review of assessment role-play (750 words): 30%

Group presentation: 20%

Essay (3750 words): 50%

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

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

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

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

Assessment

Essay (2,250 words): 30%

Research Essay (4,500 words): 60%

Participation (throughout): 10%

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

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

On completion of this unit students will be able to:

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

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

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

Written essay (1,500 words): 20%

Written essay (6,000 words): 80%

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

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

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

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

Regulation case study (3,375 words): 45%

Research assignment (3,375 words): 45%

Class participation: 10%

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

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

On completion of this unit students will be able to:

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

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

One essay (6,000 words): 80%

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

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

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

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

Research paper (3,750 words): 50%

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

OR

Research paper (7,500 words): 100%

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

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

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

On completion of this unit students will be able to:

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

Written research assignment (3,750 words): 50%

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

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

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

On completion of this unit students will be able to:

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

Research paper (6,000 words): 80%

Class presentation on major research paper: 20%

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

This unit studies how Australia allocates and protects its most crucial natural resource - water. The emphasis is on current regulatory arrangements, although key aspects of the history of water development and politics in Australia are also examined. The approach taken is both legal and policy-oriented with significant elements of critique.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the principal legal and policy instruments generally applied to the management of water resources in Australia with creativity and initiative to new situations in professional practice;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to explain the legal aspects of water resources management at different scales, including current frameworks aimed at ensuring efficient allocation of water in Australia, whilst paying due attention to the technical and scientific context;
• Conduct research into the institutional arrangements for water resource management in Australia, with a particular emphasis on the interaction between Federal/State and public/private arrangements based on knowledge of appropriate research principle and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the regulatory arrangements governing the management of water resources in Australia, including the inherent tensions and difficulties within these.

Essay (1,500 words): 20%

Assignment (6,000 words): 80%

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

This unit will examine the main features of WTO law. The topics that will be examined in the unit will include: the WTO in its historical and legal context; the WTO's institutional structure and decision making and negotiating processes; a number of the key WTO agreements in more detail; and the rules governing trade in goods and services in the WTO, in particular the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the General Agreement on Trade in Services (GATS), including national treatment, MFN treatment, tariff schedules, market access and key exceptions to the national treatment principle such as public morals, health and environment.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the history of the GATT and WTO and ongoing negotiations with creativity and initiative to new situations in professional practice and/or for further learning;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal framework of the WTO, including the relationship between the various agreements, the relationship between the WTO agreements, international and national laws, and the dispute settlement process;
• Conduct research into certain key WTO agreements, including advocating a particular position in a given hypothetical, potential or past case based on knowledge of appropriate research principles and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to major WTO dispute settlement decisions regarding these WTO agreements, and be able to assess these decisions critically.

Take-home examination (3,000 words): 40%

Research assignment (4,500 words): 60%.

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

This unit will examine topics such as the rights of the disabled at work, the rights of older workers, compulsory retirement age, flexible working practices, the right to return to work/part time work from maternity leave, sex, race and other types of discrimination at the workplace, right not to be sexually harassed at work, and the right to join, or not join, a trade union.This unit studies Federal and Victorian legislation which have brought into the workplace anti-discrimination rights issues explored by international human rights covenants and conventions. The unit investigates issues including whether human rights are inherent; the social, industrial and legal context of anti-discrimination law; the historical development of anti-discrimination statutes in the Federal and Victorian systems; the use of the external affairs Constitutional power; how well the legislation protects human rights in the workplace; values, culture, equal opportunity, anti-discrimination and affirmative action; the Victorian Charter of Human Rights and Responsibilities Act 2006 and Victorian and Federal law reform; and the impact of the Fair Work Act 2009 (Cth) on workplace discrimination and freedom of association.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to the law relating to anti-discrimination, equal opportunity and harassment in the workplace at federal level in Australia and an understanding of the theoretical and philosophical bases underpinning the legislation with creativity and initiative to new situations in professional practice and/or further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to discrimination law and human rights at work
• Conduct research in discrimination law and human rights at work based on knowledge of appropriate research principle and methods
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant the law of anti-discrimination and an ability to apply the law to workplace anti-discrimination problems.

Research assignment (3,750 words): 50%

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

In appropriate cases determined by the lecturer where a student has experience in the practice of anti-discrimination law, assessment may be one research assignment (7,500 words) for 100% of the marks.

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

This unit explores a range of controversial contemporary issues in relation to the rights of minority groups in order to enhance student's understanding of the way in which international law protects and promotes the human rights of vulnerable people. It will analyse the normative standards designed to ensure respect for the rights of religious, linguistic and sexual minorities as well as persons with disabilities. Students will critique the work on the UN in this field and consider whether reforms are necessary to better protect the rights of these four minority groups.

On completion of this unit students will be able to:

• Apply knowledge and understanding of international human rights law in relation to linguistic, religious and sexual minorities and persons with disabilities with creativity and initiative to new situations for further learning.
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international, regional and local approaches to minority rights.
• Critically evaluate the effectiveness of international human rights law in protecting and promoting the rights of linguistic, religious and sexual minorities and persons with disabilities.
• Conduct research in relation to linguistic, religious and sexual minorities and persons with disabilities based on knowledge of appropriate research principle and methods.
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to linguistic, religious and sexual minorities and persons with disabilities.

Research assignment (6,000 words): 80%

Research poster: 10%

Class participation: 10%

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

This unit will allow students to acquire knowledge and understanding of a specialist, and increasingly important, area of the law. The unit begins with a critical analysis of the different types of contracts and project delivery methods used by the Australian construction industry, ranging from traditional to alternative. Second, students explore the problem areas that can lead to conflicts during the course of construction projects and the resultant legal ramifications and insurance issues.

On completion of this unit students will be able to:

Apply knowledge and understanding of the different types of contracts used on construction projects and the pros and cons of each with creativity and initiative to new situations in professional practice;

Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to issues that impact on construction projects such as variations, land defects, delays and defective works and the legal ramifications of each;

Conduct research into the broad range of dispute avoidance and management options available and their relationship to judicial and arbitral processes based on knowledge of appropriate research principle and methods; and

Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the various statutes and regulations governing the construction industry and issues relating to construction law.

Assignment (3,750 words): 50%

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

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

This course aims at providing an introduction to the Victorian Charter of Rights and Responsibilities through analysis of how bills of rights have been grafted into constitutional and administrative law in comparable overseas jurisdiction. This exercise is particularly significant to a Victorian context, given that the Victorian Charter has borrowed heavily from legal techniques developed in overseas jurisdictions for securing fundamental rights protection. The course therefore provides not only invaluable experience in the comparative method in the context of human rights law, but also important insight into the genesis of core principles of the Victorian Charter.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the following areas with creativity and initiative to new situations in professional practice;
  1. The content of and case law under the domestic bills of rights in Victoria;
  2. the technique of incorporation of the European Convention of Human Rights under the United Kingdom law Human Rights Act 1998 (UK) and its place in the United Kingdom Constitution;
  3. the human rights jurisdiction of the European Court of Justice in Luxembourg, and how it is applied under United Kingdom law; and
  4. the extent to which Australian and United Kingdom human rights law have come to diverge due to the influence of "Europe" on the latter.
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the implementation of bills of rights in Australia, with those of other countries, particularly the UK, New Zealand and Canada; Conduct research into comparative bills of rights based on knowledge of appropriate research principles and methods.
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Australian, United Kingdom, New Zealand and Canadian human rights law.

Research paper (7,500 words): 100%

OR

Research paper (3,750 words): 50%

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

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

The Fair Work Act 2009 (Cth) and related legislation which have enacted fundamental changes in federal labour law since the 'Work Choices' changes, will be critically examined. Topics include changes to industrial dispute resolution, enterprise bargaining and bargaining in good faith, enterprise agreements and individual arrangements, industrial action, new institutions and their roles, legislated National Employment Standards and modern awards and their enforcement, unfair dismissal, implications for employers and for unions, including right of workplace entry, and the coverage of the national system.

On completion of this unit students will be able to:

• Apply knowledge of, and understanding of the federal system of regulation in the Fair Work Act 2009 (Cth) with creativity and initiative to new situations in professional practice and/or for further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to modern awards and legislated standards, bargaining, bargaining in good faith, dispute resolution and enterprise agreements, the role of individual agreements, and unfair dismissal laws
• Conduct research in federal labour regulation based on knowledge of appropriate research principles and methods
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to federal labour regulation.

Research assignment (3,750 words): 50%

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

In appropriate cases determined by the lecturer where a student has relevant background and experience, assessment may be one research assignment (7,500 words):100%

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

The unit analyses international commercial arbitration from an advanced practical and theoretical perspective, its sources of law and the ways in which it is integrated with domestic legal systems. Attention is given to the conduct of arbitrations, the elements of the Award, court supervision and enforcement. Specific attention is given to contractual disputes and also the emerging area of international investment disputes.

The objectives of the unit are to

• Apply knowledge and understanding issues in international commercial arbitration, including the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies and different procedural models, with creativity and initiative to new situations in professional practice and/or for further learning;
• Investigate, analyse and synthesise complex information and problems, in relation to international commercial arbitration, the emerging challenges thrown up by certain types of commercial disputes, particularly contractual and investment disputes, the latter involving States as parties and which also involve Investment Treaties;

Conduct research in international commercial arbitration based on knowledge of appropriate research principles and methods; and

Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international commercial arbitration.

Research assignment (3,750 words): 50%

Take-home examination (3,750 words) OR participation in a graded moot simulation (including preparation of a written memorial): 50%

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

On completion of this unit students will be able to:

• Apply knowledge and understanding of international criminal practice and procedure with creativity and initiative to new situations in professional practice;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international criminal practice and procedure and to critically evaluate the effectiveness of this law;
• Conduct research into relevant materials on international criminal practice and procedure based on knowledge of appropriate research principles and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international criminal practice and procedure.

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

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

Practical exercise requiring preparation and application of knowledge to a realistic case scenario - written paper (3,000 words): 40%

In-class presentation: 10%

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

This unit first examines the prohibition on the use of force in international law and the exception of self-defence, including whether pre-emptive self-defence is lawful. It then considers the second exception, collective action authorised by the UN Security Council, the use of force by UN peacekeepers, and action by "coalitions of the willing". The unit analyses the right of a State to intervene in another State's civil war, the legality of humanitarian intervention, and the meaning and effect of the emerging doctrine of the responsibility to protect. Through study of the major international cases on the use of force, and the continuing disagreements among scholars, the unit reveals the complexities of these apparently simple rules.

1. Apply knowledge and understanding of the rule prohibiting the use of force under the UN Charter and customary international law and the exceptions to this rule with creativity and initiative to new situations in professional practice or for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the international law governing the use of force by States;
3. Conduct research into the international law governing the use of force by States based on knowledge of appropriate research principle and methods; and
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the international law governing the use of force by States.

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

Research paper (3,750 words): 50%

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

This unit explores contemporary thinking, regulation, and practice surrounding the connected areas of corporate governance, responsibility, and sustainability in Australia and comparable corporate regulatory systems worldwide, with particular emphasis upon corporate regulatory systems in Anglo-Commonwealth countries, the EU, and North America. Major topics covered include: major theories and issues of corporate responsibility and governance, recent transnational corporate governance reforms across foreign jurisdictions of relevance in Australia, related corporate social responsibility developments (including business and human rights), and corporate governance in the Australian public sector (including state business interactions, government business enterprises, and frameworks for public sector governance). As the unit exposes students to a variety of comparative, international, and cross-disciplinary ideas and material, it is suitable for students interested in comparative corporate governance from a range of national, academic, and work-related backgrounds, including students who are interested in exploring corporate governance law and regulation as it relates to both the public sector and the private sector.

On completion of this unit students will be able to:

1. Apply knowledge and understanding of theoretical debates, models, and concepts that underpin policy, regulation, and practice of corporate governance, responsibility, and sustainability with creativity and initiative to new situations for further learning
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to comparative corporate regulatory systems
3. Conduct research in comparative corporate regulatory systems based on knowledge of appropriate research principle and methods
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to comparative corporate regulatory systems

Research assignment (3,750 words): 50%

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

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

This unit deals with procurement law for both the public and private sector. The unit explores all procurement activities including sustainment contracts, service contracts and acquisition contracts. The unit begins with a critical analysis of the governance framework for procurement including legislative requirements, performance objectives and social objectives. The unit explores how various procurement options deal with risk including alliances, PPPs, partnering charters and early contractor involvement. Included is an overview of relational contracting theory and practice and how tender selection processes are best managed.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to the governance framework for procurement regarding major government and private projects, major causes of procurement risk, financing options and accountability and auditing functions with creativity and initiative to new situations in professional practice and/or for further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to procurement law for public and private sectors.
• Conduct research in areas of procurement law based on knowledge of appropriate research principles and methods.
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to procurement law.

Research assignment (3,750 words): 50%

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

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

This unit will address the relationship between human rights, law and development. The evolution of development theory and the 'rights based approach' to international development will be explored, including identification of relevant legal obligations; particular human rights such as the rights of women and the rights to health and education; consideration of the role of various international actors such as governments and the World Bank; and the role of international development NGOs. Particular reference will be made to the United Nations Millennium Development Goals

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

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

Research paper (6,750 words): 90%

Class participation: 10%

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

The 2006 enactment of the Victorian Charter of Rights and Responsibilities means that legal practitioners and students need to consider the impact of the Charter on litigation in a range of areas. This unit covers the sources of human rights and the role of international law in Australian law, specific Australian human rights statutes including the new Victorian Charter, international remedies of relevance to Australia, and comparative human rights laws. The unit will also cover the practical application of rights, including appropriate advocacy and research techniques on how to develop human rights arguments. Students will be taught how to advocate Victorian Charter issues effectively.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to human rights issues as they arise in a legal dispute with creativity and initiative to new situations in professional practice and/or for further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to relevant human rights jurisprudence from comparable domestic legal system such as the United States, Canada, New Zealand and the UK to apply in the Australian context
• Conduct research in the operation of human rights law in a practical setting based on knowledge of appropriate research principles and methods
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to human rights law

Moot consisting of a written submission of 4,500 words: 60%

A 20 minute oral submission:40%

OR

Written assignment of 7,500 words (100%)

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

The unit is an elective for students in the Graduate Diploma in Local Government Law. This unit will provide students with an in-depth knowledge in an expanding and specialist area of the law. It will provide students interested in environmental law with the essential theoretical and practical understanding of key environmental law issues, concepts and principles. The focus is on the law and policy that has been applied to deal with environmental problems in the Australian domestic context.

A student who completes this unit should:

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

Assignment (3,750 words): 50%

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

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

This unit examines the human rights implications of principles and practices of international refugee protection. It examines the evolution of the international regime for refugee protection and compares application of key concepts and practices of refugee protection, amongst receiving states, including the EU. . It examines the human rights implications of asylum and non-refoulement, the refugee definition, and its elements. It analyses regional responses to refugee crises.

On completion of this unit students will be able to:

• apply knowledge and understanding of issues and recent developments in relation to international refugee law and responses to refugee crises with creativity and initiative for further learning and understanding
• investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the principles of refugee protection, in the context of comparative human rights protection
• conduct research in International Refugee Law based on knowledge of appropriate research principles and methods; and
• use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international refugee law.

Research paper (5,250 words): 70% AND

Take-home examination (2,250 words): 30%

OR Research paper (7,500 words): 100%

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

This unit studies the international legal framework for international investments. It provides an understanding of the development of the law, and the economic, political and institutional factors that have shaped the law to its current state. The various sources of law, particularly Public International Law, Bilateral Investment Treaties (BITs), and regional agreements, are examined. The interrelation between these sources of law, and between international and domestic law, as apply to foreign investments, are considered. The core legal principles and norms that apply to international Investments, such as Expropriation, National Treatment, and Fair and Equitable Treatment, are examined, as are investor - State relations and international investment arbitration.

On completion of this unit students will be able to:

Apply knowledge and understanding of recent developments in relation to international investment law with creativity and initiative to new situations in professional practice and/or for further learning

Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international investment law

Conduct research in international investment law based on knowledge of appropriate research principles and methods

Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international investment law.

Research assignment (3,750 words): 50%

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

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

The unit introduces postgraduate students to the legal principles that underpin how companies and other institutions borrow money or otherwise access credit facilities. It will deal with the statutory law regulating the finance markets in Australia, as well as applicable common law and equitable principles, and will include some consideration of comparative dimensions of corporate debt finance law. Topics covered will include: considerations to be taken into account in relation to companies borrowing (including considerations to be taken into account before incurring debt and the obligations of directors); the principles of security, both traditional and under the Personal Property Securities Act; how related companies guarantee or otherwise support each other and the legal issues arising in relation to guarantees and other forms of support; different forms of credit, including syndicated lending and project finance; debt capital markets; securitisation; derivatives and credit default arrangements; key features of corporate insolvency; and the rules of set off and netting.

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

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

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

This unit will address a range of human rights that arise in the context of contemporary health law, including:

• Examination of Article 12 of the International Covenant on Economic, Social and Cultural Rights and in particular General Comment No 14, 'The Right to the Highest Attainable Standard of Health;
• Analysis of the role of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health;
• Scrutiny of the impact and potential impact upon health service provision of the Charter of Human Rights and Responsibilities Act 2005 (Vic);
• Scrutiny of the human rights role of modern public health law;
• Examination of the human rights repercussions of the distinctions for different purposes in law, medicine and ethics between life and death;
• Analysis of the role of the living and dead body in contemporary Australia, identifying important human rights decisions in relation to the status of body parts, blood, and trafficking in potentially valuable tissues, amongst other things relevant to post-mortem reproduction;
• Identification of contemporary controversies internationally about rights to have life support turned off and food and water withheld in the context of persistent vegetative states and other like conditions;
• Review of the law in relation to euthanasia, both active and passive, comparing Australia's Northern Territory initiative with the Medical Treatment (Physician Assisted Dying) Bill 2008 (Vic), as well as changes to physician-assisted suicide in The Netherlands, Belgium, Switzerland and Oregon;
• Review of the role of the coroner in contemporary Australia as an investigator of death, including the rights of next of kin to object to exhumations and autopsies and to assert an entitlement to the convening of inquests;
• Identification of major controversies arising from the Patel and Shipman scandals and questions the effectiveness of the coroner as a public health official;
• Review of the complex rights of patients and medical staff in relation to wrongful birth, wrongful life and wrongful death actions;
• Examination of litigants' health rights in relation to the provision of sound quality and adequately resourced treatment; and
• Exploration of the contemporary role of the viatical industry in protecting or exploiting the rights of persons with terminal illnesses.

1. Understanding of international and local human rights framework for provision of contemporary health services in Australia.
2. Awareness of human rights issues in relation to provision of treatment and entitlement to treatment.
3. Awareness of law in relation to health privacy and critical incident review committee workings.
4. Understanding of distinctions in relation to human rights issues between life and death.
5. Understanding of the concept and repercussions of the body as property, in a variety of rights contexts including burial, cremation, organ donation and post-mortem reproduction.
6. Sophisticated understanding of the relevance to the law of human rights in relation to the turning off of life support and physician-assisted suicide and euthanasia.
7. Understanding of the law of no further resuscitation.
8. Awareness of the role of the coroner as a decision-maker in relation to rights to autopsy, exhumation; inquests and decision-making about causes of death.
9. Understanding of rights issues in coronial practices, findings, and recommendations.
10. Acquaintance with the viatical industry.
11. Understanding of rights issues in wrongful life, wrongful birth and wrongful death actions.

Research assignment (3,750 words): 50%

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

OR

Assignment (7,500 words): 100%

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

This unit will offer experienced family and child protection lawyers, family dispute resolution practitioners, child protection workers, policy makers and those interested in dispute resolution a grasp of the principles of the innovative field of non-adversarial justice and a comprehensive framework for analysing the appropriateness and integrity of existing non-adversarial practices in family and child protection law. It will assist students to position themselves at the forefront of law reform through sharpening their policy analysis skills and providing them with a structure for predicting the future development of practices in the family law and child protection fields.

This unit will examine and critically assess the range of non-adversarial practices which are central to Australian and international family law systems. It focuses primarily on the federal Australian family law system and state-based child protection systems. The unit approaches the study of family and child protection law by focusing on forms of conflict management, dispute prevention and dispute resolution employed in those fields. In particular the subject will explore the more recent developments in family dispute resolution processes in Australia and overseas. These practices will be examined from the perspective of 'non-adversarial justice', a cutting edge framework developed to explore the common themes and links between disparate practices developed in reaction to the adversarial system in a variety of settings within the justice system.

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

• Apply knowledge and understanding of recent developments in relation to non-adversarial justice and the family law and child protection systems with creativity and initiative to new situations in professional practice and/or for further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to non-adversarial processes in family and child protection law
• Conduct research in non-adversarial family and children's law based on knowledge of appropriate research principles and methods
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to non-adversarial family and children's law including making recommendations for change or law reform.

Class Participation: 10%

Research Paper (6,750 words): 90%

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

This unit is intended to provide sufficient knowledge about patent law, confidential information and intellectual property in general, for non-lawyers who seek involvement in the commercialisation of research. The unit will consider the essential requirements for identifying and protecting research outcomes in the form of patentable inventions, confidential information and other forms of intellectual property that are to be exploited commercially. The unit is directed particularly to researchers in areas of science and technology and to those who work with researchers in a university or other collaborative research intensive environment.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to the protection and commercialisation of patentable inventions with creativity and initiative to new situations, especially those that arise in universities or other research intensive environments;
• Investigate, analyse and synthesise complex information, problems, concepts and theories that arise in connection with patenting and commercializing inventions;
• Conduct research on contemporary patent law issues arising in connection with commercializing research based on knowledge of appropriate research principle and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to patenting inventions for commercialization.

Two take-home research assignments (1500 words each): 20% each

One take-home problem-based assignment (4500 words): 60%

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

Climate change is among the most daunting problems the world faces in the 21st century. This unit deals with the legal dimension of climate change, paying due regard to its social, political and economic context. The unit will examine the development of national, supranational and international regulation, and explore how public and private actors mobilise instruments from different fields of law (such as private law, international trade law, investment law and human rights law) to facilitate or to undermine climate change mitigation and adaptation. For that purpose, examples of strategic litigation from the US, the EU and Australia will be analysed.

On completion of this unit students will be able to:

• Demonstrate a sophisticated understanding of recent developments in climate change law, regulation and policy, as well as the key bodies operating in this area and their functions and responsibilities, with creativity and initiative to solve difficult practical problems and/or for further learning.
• Investigate, analyse and synthesise information, problems, concepts and theories relating to international, supranational and national law of climate change.
• Conduct independent research on the political and legislative developments behind the emergence of international, supranational and national climate change law.
• Use cognitive, technical and creative skills to generate and evaluate complex ideas and concepts relevant to the law of climate change.

Reflection paper(1,500 words): 20%

Research paper(4,500 words): 60%

Presentation: 10%

Class participation: 10%

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

This unit will examine the international concept and basis of collective bargaining including through international law, International Labor Organization conventions and their interpretation; the adoption of international standards and their concept in Australian labour law and the role of the courts, industrial tribunals and the legislature in developing the right to bargain and collective bargaining; the right to strike and the right to lockout in the context of negotiating collective agreements and their international basis; the limits on industrial action in collective bargaining; and when protected industrial action ballots (compulsory strike ballots) might be sought and ordered and the powers of the Fair Work Commission and the courts in relation to strike action.

The unit will also study the role of bargaining agents; the duty to bargain and the concept of good faith bargaining; the legal status of collective agreements and parties to agreements; the protection of labour standards in agreements via statute and the industrial tribunal; and legal issues about the role, content, termination and enforcement of agreements. The role of unions and employers in bargaining will be examined.

The Fair Work Act 2009 (Cth) and related legislation, and recent amendments to federal labour law, together with court and tribunal decisions which interpret the laws and their operation, will be evaluated in relation to workplace bargaining and enterprise agreements, together with the use of individual flexibility arrangements and common law contracts.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to the impact of laws which promote or restrict bargaining, with creativity and initiative to new situations in professional practice and/or for further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the right to bargain and the right to strike and lockout in the context of enterprise bargaining
• Conduct research in the law of workplace bargaining and enterprise agreements based on knowledge of appropriate research principles and methods
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Workplace Bargaining and Agreements Law.

Research assignment (3,750 words): 50%

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

In appropriate cases determined by the lecturer where a student has experience in the practice of workplace bargaining and agreements law, assessment may be one research assignment (7,500 words) for 100% of the marks.

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

This unit is designed to critically examine the phenomenon of globalization, and the related changes currently underway in contemporary international economic law. A particular focus of the unit is on the role of international economic law institutions, such as the WTO, IMF and World Bank, as they grapple with the many new issues which globalization has thrust onto their agendas. How is globalization changing the nature of international law, international society and global governance? In this unit, students will undertake a multidisciplinary examination of the phenomenon of globalization and the associated transformation underway in contemporary international economic law. Students will employ tools and perspectives from a variety of the disciplines which have been used to examine globalization, such as economics, political theory, moral philosophy and sociology.Students will use these tools to consider issues such as the changing nature of international and global society (and what, if any, is the difference between the two); pressure on traditional concepts of boundaries, citizenship and nationality; the problem of inequality in the global distribution of resources; challenges to sovereignty and emerging forms of global governance; and how existing and new international institutions can better manage this emerging global social policy agenda.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the phenomenon of globalization and the associated transformation underway in contemporary international economic law; principal theoretical perspectives; and the application of these perspectives to selected issues in globalization studies and the operation of international economic law institutions with creativity and initiative to new situations in professional practice and/or for further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to globalization and international economic law.
• Conduct research in the empirical and legal bases of issues in globalization studies and the operation of international economic law institutions based on knowledge of appropriate research principle and methods
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to globalization and international economic law.

Class participation: 10%

Short essay (1,500 words): 20%

Research assignment: (5,250 words): 70%

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

This unit will focus on the law of managing workforce behaviour which relates to aspects of the individual employment relationship, under the contract of employment, legislative regimes, negotiated agreements and employment practice and policy. Questions of how far employers can control the behaviour of employees at the workplace and in their private lives and what legal controls, limits and freedoms are available to employers, employees and fellow employees will be addressed. Topics covered will focus on issues such as discipline at work in both private and public sectors (include public sector employment codes and legislation; and demotion etc as part of private sector discipline); workplace bullying and sexual harassment and legal processes and procedures for dealing with same via legislation, policy, contract; individual grievances at work and dispute resolution in the workplace; employee disobedience to employer orders, remedies and dismissal; absenteeism; management of injured workers or those who are long term absentees; performance management; drug and alcohol testing; criminal conviction - recruitment and performance management issues; and recruitment - privacy, discrimination, medial and psychological testing.

On completion of the units students will be able to:

• Apply knowledge and understanding of the applicable law and practice relating to conduct and behaviour in the workplace with creativity and initiative to new situations in professional practice;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the regulatory regimes which provide avenues for redress and setting boundaries for behavior within the workplace;
• Conduct research into the role and legal status of internal discipline procedures and processes within the workplace, both private and public sectors, for human resource management based on knowledge of appropriate research principle and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to law of workforce management.

Take-home examination (3,000 words): 40%

Class participation: 10%

Research Assignment (3,750 words): 50%

In appropriate cases determined by the lecturer where a student has experience in the practice of workplace relations and employment law assessment may be one research assignment (6,750 words) for 90% of the marks plus class participation 10%

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

This unit provides an overview of the key relevant legal principles and practice of banking. It primarily addresses the regulation of banks and other deposit-taking institutions and their relationship with their customers. It covers law, policy and regulation of banking, lending and payments services. It will be taught on a comparative basis, looking at how these institutions are regulated in Australia and comparing this to the position in key banking centres overseas (in particular US, EU and UK positions). Key topics to be covered will include an overview of banking, the theoretical basis for regulation and supervision of banking, the history of and constitutional basis for Australian regulation, prudential supervision of banks, licensing of banks and other financial services firms, comparative banking regulation (focusing on the position in the US, UK and EU), systemic issues and crisis management, practical and legal risks posed by payment systems, Australian payment system regulation, current policy issues with banking and payment systems, banker/customer relationship (including confidentiality), law and policy issues with lending and security, and regulation of credit and credit providers.

On completion of this unit students will be able to:

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

Class participation - oral and written presentation (1,500 words): 20%

Research assignment (6,000 words): 80%

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

Arbitration raises many significant issues and challenges, including how private parties are able to agree to resolve disputes in this way and how such agreements are to be respected by court institutions. The unit covers significant current issues in domestic arbitration scholarship and practice. Topics covered include: a conceptual analysis of the nature of domestic arbitration, its sources of law and the ways in which it is integrated with the court system; its advantages and disadvantages as compared to other methodologies, particularly domestic litigation;

the way arbitrations are best conducted within the domestic legislative model; the appointment of the Tribunal; challenges to arbitrators; issues of evidence and procedural discretions; the elements of the Award; and court supervision and enforcement.

The unit involves looking at some of the key issues in particular types of commercial disputes. Attention is given to the core fields of contractual and construction disputes.

On completion of this unit students will be able to:

1. Apply knowledge and understanding of the procedural model under the Commercial Arbitration Act with creativity and initiative to new situations in professional practice and/or for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the advantages and disadvantages of arbitration compared to other dispute resolution methodologies, particularly domestic commercial litigation;
3. Conduct research into domestic commercial arbitration, and emerging challenges thrown up by certain types of commercial disputes, particularly contractual and construction disputes, based on knowledge of appropriate research principals and methods; and
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to domestic commercial arbitration, including the relationship between party autonomy and court supervision in relation to arbitration.

Research assignment (3,750 words): 50%

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

Participation in a graded moot simulation (including preparation of a written memorial): 50%

In appropriate cases determined by the lecturer, assessment may be one research assignment (7,500 words) for 100% of the marks.

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

This unit will consider economic concepts relevant to understanding the regulation of markets. Micro-economic theory will be used to highlight the impact of market failures, including market power, information imperfections, externalities and public goods. Practical tools for evaluating regulation, including the structure, conduct and performance framework and cost-benefit analysis will also be covered.

The unit will examine structure and pricing regulation, the regulation of information provision and the use of market instruments in regulation affecting the environment. It will consider both economic and social regulation, including that relating to the fairness of market transactions. The economic basis for regulatory reform initiatives will also be considered.

Practical applications of the economic concepts presented will be considered through out the course with the use of specific industry and regulatory case examples.

1. Apply knowledge and understanding the economic rationales for regulation and for the use of economic instruments of regulation with creativity and initiative to new situations in professional practice;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the effectiveness and efficiency of regulation;
3. Conduct research into the ways in which the performance of regulation can be improved based on knowledge of appropriate research principle and methods; and
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the economics of regulation.

Research assignment (3,750 words): 50%

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

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

This unit examines important issues in consumer policy analysis and recent developments in a number of specific areas of consumer policy regulation. An economic focus, including mainstream and behavioural economic considerations, will underpin the approach taken in the unit. A framework for consumer policy will be developed, including examination of rationales for market intervention and the instruments for intervention. Consideration will be given to notions of consumer detriment and its measurement, since this is an important consideration in market intervention. The links between consumer policy and competition policy will be explored. The unit will also consider approaches to market monitoring and the development of integrated compliance strategies. Institutional arrangements can have a significant impact on the operation of consumer policy and these will also be examined. Concepts considered in the early part of the unit will be applied in a number of areas subject to recent regulatory change.

On completion of this unit students will:

1. understand the main elements of the consumer policy framework in Australia and other economies
2. understand the economic basis for consumer policy and for different market interventions
3. understand key concepts important in the operation of consumer policy
4. understand the rationales and likely impact of recent reforms in specific consumer policy areas
5. be able to apply economic thinking to other areas of consumer policy.

Research assignment (3,750 words): 50%

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

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

This unit studies international law and some aspects of comparative law in the field of collective and individual labour and employment relations. The unit will examine the major sources of transnational labour law, namely the international labour conventions and recommendations elaborated by the International Labour Organization (ILO), and relevant doctrine elaborated by the ILO supervisory bodies. The unit also examines other sources of transnational labour law including United Nations human rights and equality treaties and European Union law, and the growing importance of international labour norms as a result of more globalised trade and supply chains.. Examples will be given of the application and influence of transnational labour law in a variety of Asian and European countries and Australia.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the sources of international law in the labour and employment area, particularly in relation to new challenges and situations in professional practice;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the role of transnational labour law;
• Conduct research into labour law of the European Union and Asian countries and its direction based on knowledge of appropriate research principles and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to transnational labour law and the influence of the international norms on the development and reform of national laws and practice.

One research assignment (3,750 words): 50%

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

With the approval of the lecturer and the LLM convenor, a student may undertake an assignment of 7500 words for 100 per cent of the marks.

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

This course is designed to provide an understanding of the rules, principles and policies underlying secured transactions in personal property security law. This body of law is of fundamental importance to commercial lawyers. It involves a detailed study of the Personal Property Security Act 2009 (Cth) and comparison with the New Zealand and Saskatchewan legislation.

On completion of this unit students will be able to:

• Apply knowledge and understanding of the nature and function of security, with creativity and initiative to new situations in professional practice;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the history and policy of the personal property securities legislation and the scope of the Act and the policy and function of registration;
• Conduct research into security agreements and the central concepts of the security interest, attachment and perfection based on knowledge of appropriate research principle and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to priority disputes, and default and enforcement and restrictions on remedies.

Class participation (10%)

One research assignment (6750 words): 90% or

One take-home examination (6,750 words): 90%

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

This unit is designed to provide an overview of the international legal regime relating to the protection of trade marks and the regulation of the processes of their registration and use. In addition, it will provide an insight into selected aspects of trade mark law in the major jurisdictions of the United States of America and the European Union.

The overview of the international legal regime will address topics such as the requirements of TRIPS for protection of trade marks.. It may also cover issues generated by regulatory processes for registration that have been widely adopted throughout the world, including those enabling one-stop registrations on an international or regional basis.

The part of the unit dealing with the trade mark regimes of the United States of America and the European Union will cover issues such as requirements for registrability of trade marks, restrictions on registrability and the scope of rights of trade mark owners. The examination of rights will consider the various types of potential trade mark infringement, including consideration of dilution of certain trade marks and defences to infringement claims. The comparisons and contrasts between the two trade mark systems will be examined.

1. To provide an overview of the international legal regime relating to the protection of trade marks.
2. To provide an overview of the international legal regime relating to the registration and protection of trade marks.
3. To provide an understanding of selected and key aspects of the trade mark protection regime in the United States of America.
4. To provide an understanding of selected and key aspects of the trade mark protection regime in the European Union, both at the national and CTM level.
5. To compare and contrast the trade mark protection regimes in the United States of America and the European Union.

Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Assignment (2,250 words): 30%

Take-home exam (5,250 words): 70%

OR

Take-home exam (7,500 words): 100%

(with approval from the Chief Examiner of the unit)

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

This unit will analyse the issue of the legal protection of business research and development in the context of different areas of law - workplace, competition, corporate and, intellectual property laws. It will explore the impact of each area on this issue and pose the question whether a more harmonised approach might be reached than otherwise occurs where the issue is explored from the viewpoint of one discipline only. Approaches of the common law and civil jurisdictions, particularly the EU, will be used to inform and provide guidance to the analysis of emerging issues in this field.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to business innovation and research from the perspectives of labour, competition, corporate and intellectual property laws, with creativity and initiative to new situations in professional practice and/or for further learning
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to business innovation law.
• Conduct research in innovation from varied perspectives - labour, competition, corporate and intellectual property laws - based on knowledge of appropriate research principles and methods
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to innovation from the perspectives of the various legal disciplines of labour, competition, corporate and intellectual property laws.

The International Covenant on Civil and Political Rights is the key global human rights treaty which addresses civil and political rights. It is the key treaty for the purposes of the operation and interpretation of existing human rights legislation in Australia in Victoria (the Charter of Human Rights and Responsibilities), the ACT (The Human Rights Act), and at the federal level (the Human Rights and Equal Opportunity Commission Act). It is also a key treaty for the purposes of the operation of the interpretative principle under which judges should interpret statutes, where possible, in light of Australia's human rights obligations.

The unit will cover all elements of the ICCPR, including general principles (eg. brief history, the role of the UN Human Rights Committee, the impact of cultural relativism, positive and negative obligations, obligations of conduct and obligations of result), and admissibility criteria under the Optional Protocol (eg. requirements regarding subject matter jurisdiction, personal jurisdiction, and territorial jurisdiction; the rule regarding the exhaustion of domestic remedies). The case law and other jurisprudence with regard to key civil and political rights will then be analysed (eg freedom of expression, the right to privacy, the right to life, the right to liberty and security of the person, the right to a fair trial, freedom from discrimination, as well as rights regarding immigration and Indigenous peoples.

On completion of this unit students will be able to:

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

Research assignment (3,750 words): 50%

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

OR

Research assignment (7500 words): 100%

(subject to the approval of the Chief Examiner)

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

The purpose of this unit is to provide students with an understanding of the basic legal and policy issues involved in the international criminalization of genocide. It will review the origins of the Genocide Convention, and discuss the evolving interpretation of the definition bearing in mind its relationship to the cognate concept of crimes against humanity. The use of the term genocide as a political rather than a legal characterization will be considered. By the end of the course, students should have a good general familiarity with the major legal texts concerning genocide and the relevant case law of international and national courts and tribunals. Specific issues to be considered will include the protected groups, the mental and physical elements, direct and public incitement to commit genocide and the phenomenon of genocide denial.

1. To understand the legal norms concerning the prohibition, the prevention and the punishment of the crime of genocide.
2. To consider the relationship between genocide and the cognate concept of crimes against humanity.
3. To consider specific issues associated with the prevention and punishment of genocide, including the question of incitement to genocide and denial of genocide.
4. To learn the basic features of the relevant case law concerning genocide, as developed by the International Court of Justice, the International Criminal Court, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and the European Court of Human Rights, as well as that of leading national courts and tribunals.

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

Research paper (3,750 words): 50%

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

This unit will build upon the study of Torts in the undergraduate and JD programs and explore a range of controversial contemporary issues in relation to tortious liability. It will enhance student's understanding of the mechanisms through which torts law addresses civil wrongs. It will analyse the social, economical and political constraints in which torts law operates and how they find reflection in liability rules. Where appropriate, the unit will have regard to materials from other jurisdictions and adopt a comparative approach.

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

1. The Ipp reforms and the role of statute
2. Developments in liability for psychiatric harm
3. Liability for infliction of mental distress
4. Privacy law reform
5. Changes to the concept of causation in tort
6. Loss of chance
7. Wrongful birth and wrongful life
8. Immunities
9. Torts and human rights.

On completion of this unit students should be able to:

1. Demonstrate and apply specialised knowledge of a range of current controversies in torts law;
2. demonstrate advanced skills in interpreting civil liability legislation, tort law cases, academic commentary and law reform materials and applying them to evaluate complex and novel tort law issues;
3. critically evaluate the effectiveness of torts law in redressing civil wrongs having regard to the social, economic and political context in which tort law operates;
4. conduct independent research into relevant domestic and international materials on contemporary torts law issues; and
5. write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of contemporary torts issues.

Research assignment (3,750 words): 50%

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

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

This unit will examine important remedial issues in commercial disputes and how they can be effectively resolved. It bridges the divide between remedies law, civil procedure and dispute resolution. Issues addressed include pre-emptive remedies, enforcement of bargains, damages for economic loss under common law and statute, the resolution of disputes in commercial partnerships and modern strategies for dispute resolution.

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

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

Research assignment (3,750 words): 50%

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