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

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

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

Assessment:

1. Multiple Choice Questionnaire - 1hr on introductory material and legal reasoning (weeks 1 to 6) (equivalent to 1000 words) - 20%
2. Written assignment on the legal profession and institutions, including a reflective component (1500 words) - 30%
3. Take home examination - 45%
4. Library research online quiz - 5%

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

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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 should be able to:

1. explain the legal principles and institutional arrangements that underpin government in Australia
2. demonstrate an awareness of the principles and values that have shaped the Australian system of government, including representative democracy, the rule of law and human rights
3. critically examine the framework of Australian government with reference to a range of broader perspectives
4. demonstrate an understanding of constitutionalism and the rule of law as values and modes of government that shape the broader political and institutional context within which particular legal issues arise
5. articulate and critically examine the purposes and scope of the fundamental constitutional rules that govern the relationships between Parliament, the executive and the judiciary
6. select, interpret and apply relevant rules and principles of statutory interpretation in order to reach a considered view on the legal meaning, or likely legal meaning, of a doubtful legislative provision
7. give a reasoned opinion as to the appropriate meaning of a legislative provision which takes adequate account of the law of statutory interpretation
8. demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues.

1. Legislative research quiz - 10% (2)
   1. Test or tests (in class or take home) totalling 30% (eg may be one 30% test or two 15% tests) or

   2. written assignment - 30% as selected by the Chief Examiner prior to the commencement of semester.
2. 2 hour examination - 60%

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

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

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

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

Assessment 1 - Part 1: Case report - Plan - Outline of facts and reasoning: 10%

Research assignment (case note) Part 2: 30%

Final 2 hour exam (plus 30 minutes reading and noting time): 60%

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

See also Unit timetable information

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

On completion of this unit students will be able to:

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

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

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

See also Unit timetable information

This Unit provides an overview of fundamental legal concepts, principles and institutions which affect professionals across disciplines. Working individually and in groups, students will research and communicate information about current legal issues as applied to their selected profession or discipline.

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

(1)Locate and apply regulatory requirements relevant to the student's intended profession

(2)Research, articulate and apply the legal principles relevant to issues arising in professional practice

(3)Communicate effectively about legal principles to a professional audience in a suitable format

(4)Integrate and synthesise inter-disciplinary perspectives to resolve legal problems arising in professional practice

(5)Collaborate effectively with students within and across disciplinary backgrounds in producing a group work output.

Research essay (3000 words): 60%

Group work product (1500 words each) and presentation: 30%

Class participation and attendance: 10%

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

See also Unit timetable information

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

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

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

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

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

See also Unit timetable information

Contract law addresses the concepts, principles and rules used to determine the existence and content of binding promises and their enforcement or defeasibility in a market economy. It also addresses the underlying policy considerations. Contract B builds upon Contract A, which covers the formation and terms of a contract. Contract B covers the performance of contracts, the discharge of contracts by termination or frustration, legal and equitable remedies for breach of contract, and vitiating factors under the unwritten law and statute.

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

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

1. Collaborative assignment (20%)
2. Examination (2.5 hours) (80%)

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

See also Unit timetable information

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

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

1. Describe, discuss and analyse Commonwealth and State constitutional law and practice.
2. Evaluate judgements on Australian constitutional cases demonstrating particular attention to the interpretive techniques used and the principles/policies underlying the judgements and doctrines.
3. Assess the constitutional validity of Commonwealth and Victorian legislation and executive actions.
4. Evaluate and apply constitutional law and interpretative principles of constitutional law to generate appropriate legal responses.

1. Tutorial attendance: 5%
2. Tutorial participation: 10%
3. Written Assignment (1,250 words): 25%
4. Final Examination (2 hours writing time plus 30 minutes reading and noting time): 60%

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

See also Unit timetable information

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

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

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

1. Tutorial attendance and participation: 10%
2. Class test: 30% and
3. Examination (2 hours plus 30 mins reading and noting time): 60%

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

See also Unit timetable information

This unit introduces students to the nature and function of equity in the modern Australian legal system. Students learn about the relationship between equity and the common law, and study the key doctrines of equity. These include: 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 should be able to:

1. articulate and critically analyse the key doctrines of equity, their relationship to common law, their development in Australia, and their theoretical underpinnings, with reference to international and comparative perspectives;
2. engage in critical analysis and make reasoned and appropriate choices among alternatives;
3. demonstrate cognitive skill, creativity and professional judgement to research and synthesise relevant legal and practical issues, to interpret and evaluate professional conclusions, and to formulate appropriate responses to complex legal problems;
4. communicate and collaborate effectively orally and in writing;
5. learn and work with autonomy, independence and professionalism, and reflect on and asses their own capabilities and performance.

1. Doctrinal analysis task: 1,000 words (25%)
2. Tutorial attendance and participation (10%)
3. Final examination: (2 hour writing time plus 10 minutes reading time) (65%)

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

See also Unit timetable information

The unit critically examines the body of legal rules that govern the formation, management, financing and winding up of Australian corporations. Specific topics include: choice of the corporate business form, formation and characteristics of a corporation, the corporate constitution, corporate finance, share structure and membership, constitution and powers of the corporate organisation (board and general meeting), corporate authority, governance of the corporation, directors' duties, shareholders' remedies, administration and winding up of the corporation.

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;
2. demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions ;
3. identify, research, synthesise and evaluate relevant legal, factual and policy issues, including interpreting and applying relevant provisions of the Corporations Act;
4. demonstrate cognitive and creative skills in approaching legal issues and generating appropriate responses and developing new understandings;
5. engage in critical analysis and make reasoned and appropriate choices among alternatives; and
6. communicate effectively and persuasively to specified audiences.

1. Tutorial attendance and participation requirement (Hurdle requirement, with no marks allocated to it. Failure to satisfy the requirement will result in a zero mark for task 2).
2. Written assignment, 2000 words: 40%
3. Final exam (2 hours plus 30 minutes reading and noting time): 60%

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

See also Unit timetable information

Building on Property A, the unit examines proprietary interests that arise through the operation of equity, and co-ownership of land and goods. It then examines the Torrens System of registered title to land and the Transfer of Land Act 1958 (Vic), including: the registration process; the meaning and purpose of indefeasible title: fraud and other exceptions to indefeasibility: the compensation provisions; 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. Identify, research, evaluate and synthesize relevant factual, legal and policy issues;
3. Demonstrate the intellectual and legal skills to interpret judicial decisions and legislation;
4. Engage in critical analysis and make reasoned and appropriate choices among alternatives;
5. Demonstrate cognitive skill, creativity and professional judgement to formulate appropriate responses to complex legal problems;
6. Communicate and collaborate effectively and persuasively; and
7. Work with autonomy, independence and professionalism

1. Tutorial attendance and participation: 10%
2. Collaborative research and writing assignment: 30%
3. Examination (2 hours plus 30 mins reading and noting time): 60%

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

See also Unit timetable information

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

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

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

Research essay (2000 words): 40%

Examination (2 hours writing time plus 30 minutes reading and noting time): 60%.

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

See also Unit timetable information

The banking and finance sectors in Australia play an essential role in society. This industry continues to evolve and adapt to technological disruption, product innovation, and the increasing globalization of financial markets. It is also facing increasing scrutiny from policy makers, regulators and consumers following a series of crises and scandals. This course will review and consider key areas of Australian banking law and regulation. It will also discuss some of the areas of ongoing policy reform.

Core topics will include:

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

At the successful completion of this unit, students will:

1. have acquired a basic understanding of the operation of the Australian banking system
2. be familiar with the general principles of law governing the Australian payments system and negotiable instruments
3. appreciate the legal relationship that exists between customers and their banks and the duties owed by each to the other
4. understand the day to day issues that can arise between banks and customers
5. be familiar with the financial industry ombudsman system and its role in the mediation of banker-customer disputes
6. have acquired analytical tools relevant to solving problems arising out of the application of statute and case-law to specific banker-customer transactions
7. be aware of emerging trends in bankers' liability especially the impact of consumer protection legislation to banking business
8. be able to identify the legal issues respecting the lending practices of banks.

Compulsory Assignment (max 2000 words) 40%

PLUS

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

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

See also Unit timetable information

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

On completion of this unit students should:

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

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

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

See also Unit timetable information

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

On completing this unit students will have acquired or developed:

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

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

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

See also Unit timetable information

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

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

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

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

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

See also Unit timetable information

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

Upon completion of this unit students should

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

The methods of assessment in this Unit are

• Compulsory research assignment (2500 words): 50%
• Examination (2 hours writing and 30 minutes reading and noting time): 50%

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

See also Unit timetable information

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

On conclusion of this subject students should:

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

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

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

See also Unit timetable information

This unit will examine the following major areas:

1. the development of systems for regulating dispute settlement and determining conditions of employment, including the Australian federal system for regulating workplace relations, industrial disputes and minimum conditions of employment, the systems in North America, United Kingdom and Europe;
2. the impact of globalization and international labour standards through international labour organization conventions and its regulation;
3. the scope and coverage of domestic legislation, including the Fair Work Act 2009 (Cth) and its constitutional basis and the degree of legislative intervention in North America, United Kingdom and Europe;
4. sources of minimum conditions, minimum wages and the safety nets;
5. the purpose, scope and content of collective and enterprise agreements, good faith bargaining and the use of industrial action as a bargaining tool;
6. the protection of workplace rights, such as the right to join a union in Australia, Canada, United States, United Kingdom and Europe; and
7. approaches to the enforcement of minimum conditions, modern awards and enterprise agreements, in Australia through the Fair Work Ombudsman and the court system and in Canada, United States, United Kingdom and Europe through the courts and relevant specialist courts.

On completion of the subject students should:

1. understand and appraise the importance of international conventions and domestic legislation in relation to industrial dispute settling and setting minimum terms and conditions of employment in Australia, United States, Canada, United Kingdom and Europe;
2. appreciate the impact of constitutional powers in establishing workplace relations systems;
3. determine how minimum standards for workers are set and enforced;
4. critique the legal nature of collective or enterprise bargaining and the role of industrial action in bargaining for terms and conditions of work;
5. debate and critically analyse how legislation protects workplace rights, including the right to bargain collectively and the freedom to choose whether or not to join a union; and
6. research and apply the law studied to new and emerging contemporary problems in the labour law field.

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.

Seminar presentation: 10%

Report (750 words): 15%

Take home examination (3750 words): 75%

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

See also Unit timetable information

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

Students completing the unit should be able to:

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

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

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

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

On successful completion of this unit, students should be able to:

• Critically examine the fundamental principles of international law; the theoretical framework of international law and its relationship with domestic law; the crucial role of States, international institutions and individuals in the international legal system;
• Analyse and interpret international law, taking into account the complexities involved in interpreting and applying its sources; and the political context and nature of international law.
• Compare and contrast some of the different areas of international law; how Australia interprets and applies international law in relation to its own legal framework; the use of force and self-defence in international law; and international dispute resolution;

Communicate effectively, appropriately and persuasively on issues pertaining to International Law;

Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development;

Three mandatory assignments: (i) a synopsis of the research paper (1000 words; 20%); (ii) an in-class test (50 minutes reading and writing time; 20%); (iii) a research paper (3000 words; 60%)

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

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

Students who successfully complete the course should have:

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

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

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

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

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

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

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This unit is designed to examine contemporary issues in the Asian legal systems. It will examine the Asian perspectives on the rule of law, the court reform, constitutionalism, security and human rights, legal pluralism, corruption and the issue of law and development. Students in this subject will gain a comparative overview of the legal systems of Indonesia, Malaysia and Singapore, with reference to other Asian countries as appropriate.

On completion of this unit, students should have:

1. demonstrated an advanced knowledge of the main and current issues of the Asian legal systems;
2. identified and articulated complex legal issues in which economic, political, cultural and ethical values shape the development of law in Asia;
3. articulated and critically compared aspects of Asian law and legal institutions with Australian counterparts;
4. recognised and reflected on how Australian lawyers might adapt when dealing with Asian legal institutions and legal professionals.

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.

1. Class participation marks: 10%
2. Research Essay 1500 words: 30%
3. Take Home Exam: 60%

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

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

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

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

Internal assessment 40% comprising EITHER research assignment 2000 words OR case note 1500 words (30%) and class presentation on case (10%); AND

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

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

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

On completion of the subject a student should have:

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

Examination (1.5 hours plus 30 minutes reading and noting time): 60% and 2,000 word research assignment (40%).

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

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The unit examines:

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

At the successful completion of this Unit, students will:

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

Essay (3000 words): 60%

Examination (2 hours writing time plus 10 minutes reading/ settling time): 40%

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

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

On completion of this unit students will be able to:

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

In semester assessment 40%, comprising cases and legislation quizzes (20%) and persuasive writing task (750 words, 20%);

AND final examination (2 hours) 60%

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

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International public order is both the practical and the normative foundation of public international law. International law does not operate within a vacuum, nor does it consist of the pro forma application of abstract principles and universals detached from real world conditions. Rather, international public order is best understood as the practical regulation of a global society of state and sub-state actors, subordinate to the trans-national rule of law. International law, therefore, is inseparable from the wider issues of global governance, the mechanisms, institutions and principles that enable the global society to operate as an integrated political and legal system.

Taking this unit, students will not only acquire a sophisticated understanding of the concepts of international public order and the trans-national rule of law, but also how the integrity of the international system is inseparable from the practical operation of global governance. Understanding will be achieved through the detailed examination of a particular area of concern within international public order and how formal legal resolutions of disputes must necessarily be framed within terms of global governance and the trans-national rule of law.

The topics to be studied include: the international legal process (the concept and sources of international law); international law as the judicial basis of global governance; and practical problems in international law and world order (conflict prevention; socio-political justice; international economic law; and international environmental law).

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

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

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

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

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

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

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

Class Participation: (10%)

Compulsory research assignment 2,000 words: (40%)

Final examination: (2 hours plus 30 minutes and noting reading time): 50%

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

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

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

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

Develop reasoned opinions as to whether the laws studied in this unit strike an appropriate balance between freedom of speech and the protection of reputation.

Communicate the substantive law, and their opinions thereon, effectively and persuasively with minimal errors in expression, grammar, spelling and punctuation.

Learn and work with autonomy and professionalism.

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

Optional written assignment (1500 words): 30% and final written examination (2.5 hours plus 30 minutes reading and noting time): 70%

OR

Final written examination including a 20% research component (3 hours plus 30 minutes reading and noting time): 100%

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

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This unit is an introduction to feminist legal theory. It focuses upon reading some selected contemporary feminist philosophers' main texts in order to examine their arguments and to understand them within the context of philosophical problems that underpin law.

Some of the major issues include: autonomy, equality, freedom and the public/private divide.

The philosophers examined will vary from year to year but typical candidates are: Drucilla Cornell, Carole Pateman, Adriana Cavarero, Judith Butler.

On completion of this unit students will be able to:

1. Apply knowledge of, and understanding of recent developments in relation to Law, Gender and Feminism with creativity and initiative to further learning
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Law, Gender and Feminism
3. Conduct research in Law, Gender and Feminism based on knowledge of appropriate research principle and methods
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Law, Gender and Feminism.

Presentation: 10%; and

Video (based upon presentation and incorporating feedback): 20%; and

Assignment 3,500 words maximum: 70%.

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

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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.

On completion of this unit students will be able to:

1. Apply knowledge and understanding of comparative continental European legal systems with creativity and initiative to new situations for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to comparative continental European legal systems;
3. Conduct research in comparative continental European legal systems based on knowledge of appropriate research principles and methods;
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to comparative continental European legal systems.

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.

50% research essay 2,500 words

50% take home exam 2,500 words.

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

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

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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.

1. Analyse international human rights standards and evaluate mechanisms designed to enforce human rights at the international/regional level;
2. Explain and critically discuss the content of various human rights, such content being identified, inter alia, by reference to the case law of the UN treaty monitoring committees and regional human rights courts;
3. Critically evaluate some of the philosophical bases of and problems with international human rights law in light of contemporary human rights issues; and
4. Communicate effectively about human rights issues.

Group Presentation: 20%

Individual Assignment (1000 words): 20%

Take-home exam: 60%

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

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

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

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

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

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

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

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

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

Upon completion of this unit students should

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

The methods of assessment in this Unit are

• Short reaction piece (response to texts) (1600 words): 20%
• Research paper (2000 words): 40%
• Examination (2 hours writing and 30 minutes reading and noting time): 40%

OR

• Short reaction piece (response to texts) (1600 words): 20%
• Examination (3 hours writing and 30 minutes reading and noting time): 80%

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

See also Unit timetable information

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

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

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

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

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

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

Upon successful completion of the unit, students will:

1. Demonstrate negotiating behaviour in a variety of contexts and document reflective analysis as to what works, what doesn't work, and why;
2. Explain and apply the theories of integrative negotiation, distributive negotiation and principled negotiation in real-world contexts;
3. Express effective negotiation, mediation and conflict resolution decisions based on conscious, rational, informed choice, from a broad array of available tools and methods;
4. Generate real-time appropriate responses in a variety of legal and interpersonal contexts;
5. Demonstrate the ability to recognise and appropriately address ethical issues generated in preparing for and participating in negotiation;
6. Demonstrate the ability to collaborate and communicate in ways that are efficient, effective, appropriate and persuasive; and
7. Reflect on and evaluate their own capabilities and performance, with a view to continuing personal and professional development.

Contribution (attendance, engagement, contribution to others' learning) 10%

In-Class Assessment (exercises &/or role plays) 10%

Pre-negotiation Assessment 20%

Negotiation simulation 40%

Post-negotiation reflection 20% - 1,000 words

5 days (9 am - 5 pm) of workshops are spread over 3 weeks. One week intensive plus time outside of class for independent preparation and study.

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

Upon completion of this unit students should be able to:

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

Class presentation and/or discussion: 10%

Optional research assignment: 30% (1,500 words)

Examination: 60% (2 hours) or 90% (3 hours) for those not doing the optional assignment

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

See also Unit timetable information

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

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

On completion of the unit students will be able to:

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

Mid semester class test (one hour plus 10 minutes reading/noting time, closed book) worth 50% of the result AND end of semester class test (one hour plus 10 minutes reading/noting time, open book) worth 50% of the result.

OR

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

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

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

Students who complete this course will:

1. identify and evaluate a knowledge of the common law and statutory principles which govern the relations between parents and children and between children, parents and the State and develop some understanding of the way in which these laws operate in practice b analyse and interpret the jurisdictional issues and legal procedures relevant to the determination of such disputes

   c research and evaluate theoretical and critical debates about the laws governing parents and children and the adequacy of current laws and procedures

   d communicate effectively and persuasively on issues relevant to family law

2. evaluate and reflect on some of the skills necessary for practice in this area of the law and recognize ethical issues they may encounter in practice.
3. learn and work autonomously and use feedback to improve their own capabilities and performance

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

Please note that the Family Law Assistance Program option will not be available in semester 2, 2017

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

See also Unit timetable information

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

Upon completion of this unit, students should:

1. Articulate the background and nature of international refugee law.
2. Investigate and apply the international instruments applicable to asylum seekers, including the Refugees Convention.
3. Critically evaluate comparative state and regional practices towards refugee applicants.
4. Undertake legal research and reasoning to explain legal and policy issues so as to formulate reasoned and appropriate responses to legal problems in international refugee law.
5. Develop skills of oral presentation and argumentation in an interactive class context; and
6. Strategically apply feedback to improve capabilities and performance of tasks.

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 (3,000 words): 60%

Take Home Examination (1,500 words): 30%

Class participation: 10%

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

See also Unit timetable information

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.

Upon completion of this unit, students should:

1. be able to apply knowledge and 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 key problems relating to the issues identified in the synopsis;
3. have further developed legal research and writing, and legal argument skills by undertaking systematic research into legal policy, rules and procedures and comparative perspectives relating to constitutional law and individual rights;
4. have developed 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.

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

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

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

See also Unit timetable information

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

On completion of this unit students should be able to:

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

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

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

See also Unit timetable information

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 are taught.

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

• articulate and critically examine the role and law of trusts in in a broader commercial, social and regulatory context, the methods of creating them and the rights and obligations of parties;
• demonstrate cognitive and creative skills and professional judgement to make reasoned and appropriate choices among alternatives and to generate appropriate responses to legal issues; and
• demonstrate the intellectual and practical skills needed to interpret trust documents, legal conclusions and professional decisions as well as to identify, research, evaluate relevant factual, legal and policy issues.

1. Legal interpretation In Semester test (20%);
2. Written response to tutorial problem (20%) 1000 words;
3. Final examination: 2 hours plus 30 mins reading and noting time (60%).

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

See also Unit timetable information

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

Upon successful completion of this Unit, students should:

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

Optional research paper (1,500 words): 30%

Final written examination: (2 hours plus 30 minutes reading and noting time): 70%

OR

Final written examination, including a 20% research component (2.5 hours plus 30 minutes reading and noting time): 100% for students who did not submit the Optional Assignment.

All students will be required to complete a non-graded hurdle requirement in the form of a quiz.

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

See also Unit timetable information

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

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

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

Research paper (5000-6000 words): 100%

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

See also Unit timetable information

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

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

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

Research paper (5000-6000 words): 100%

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

See also Unit timetable information

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

Upon completion of this unit students should have developed:

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

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

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

See also Unit timetable information

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

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

On completion of the unit students will be able to:

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

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

OR

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

Please note that the placement option will not be available in summer semester A, 2017

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

See also Unit timetable information

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

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

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

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

See also Unit timetable information

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:

1. Apply knowledge and understanding of the key principles in dispute resolution in international commerce with creativity and initiative to new situations for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the practical aspects of arbitration;
3. Conduct research into the dispute resolution in international commerce to create new understandings of key developments that contribute to an understanding of how to draft arbitration clauses and how to enforce awards, based on knowledge of appropriate research principles and methods;
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to dispute resolution in international commerce including an appreciation of international solutions to domestic problems.

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.

1. Assessed moot: 50%
2. Research essay (2,500 words): 50%

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

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

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

See also Unit timetable information

This course provides a general introduction to the public international law of the sea with a focus on questions of maritime security, freedom of navigation and marine resource management. Maritime security, as studied in this course, encompasses such threats as terrorism, high seas piracy and the smuggling of drugs, migrants and weapons of mass destruction. The course will also examine questions of military activities, intelligence gathering at sea and maritime environmental protest. Ninety percent of the world's goods move by sea and we will cover the law governing the free movement of merchant and government ships. Marine resource management includes living resources (principally fisheries) and non-living resources (such as oil and gas).

The course will explore these issues in a manner which is historically informed and which focuses on a variety of topical case studies which may include, for example, piracy off Somali and elsewhere in the world, the South China Sea dispute, illegal fishing, whaling in the Antarctic, the emergence of deep-sea mining technology or the the controversy between Australia and Timor Leste over the management of the oil and gas in the Timor Gap.

As a major coastal State, the law of the sea touches on vital questions of Australia's national interests and resource security - many of which we will explore over the semester.

Key topics will include:

• the negotiation of the UN Convention on the Law of the Sea (UNCLOS);
• the legal regimes of the territorial sea, exclusive economic zone (EEZ) and continental shelf;
• maritime law enforcement, particularly on the high seas, with respect to piracy and transnational organised crime;
• living marine resource management including fisheries management and the challenge of illegal fishing;
• non-living marine resource management (including oil and gas, off-shore drilling and marine spatial planning) and the law of artificial islands and installations;
• environmental protection; and
• international dispute settlement and the International Tribunal for the Law of the Sea (ITLOS), and the law applicable to the law of maritime boundaries and territorial demarcation.

This course does not cover questions of commercial maritime law such as the carriage of goods by sea and marine insurance.

When possible, the course will be taught semi-intensively over nine weeks. The teaching style adopted will reward attendance; it is not recommended that you take this unit if it clashes with other courses.

Upon completion of this unit students should be able to:

• articulate and apply the international law of the sea as a body of rules to legal problems;
• identify and critically discuss the content of the law of the sea with reference, inter alia, to appropriate treaty law, case law, evidence of custom and the writing of scholars;
• explain the dynamic process by which the law of the sea is made and understand its place within the broader system of public international law;
• analyse and critically evaluate some of the strengths and weaknesses of the law of the sea as a system for ensuring maritime security, for resource allocation and management, and for the resolution of disputes over maritime resources; and
• conduct self-directed legal research.

Class participation: 10%

Reading note exercise (500): 10%

Individual or group research paper (1750 words): 35%

Take-home examination or accelerated assignment (2250 words): 45%

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

See also Unit timetable information

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 aggression, through the prism of the international criminal trial. Students will be introduced to the major historical moments in the development of international criminal law as a discrete field of international law; the key principles, concepts and rules comprising this area of law; and the principal institutions that enforce it. There is a particular focus upon the International Criminal Court, as the first and only permanent international criminal justice institution in the world.

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

Assessment

Attendance and participation: 10%

Reading note exercise/small group assignment (1,000 words): 20%

In class test: 10%

Take home examination (3,000 words): 60%

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

See also Unit timetable information

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

On completion of this unit, students should:

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

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

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

See also Unit timetable information

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

The first topic to be examined is what use can be made of comparative criminal law and the pitfalls that may be encountered in doing so.

Topics to be considered will then include: whether the criminal law should be codified, and what codification means; the role of intention in the criminal law and the different definitions of intention in various legal systems; murder, manslaughter and sexual offences (both consensual and non-consensual); crimes of omission; the prohibition of retrospective criminal offences, the right to silence, trial by jury and topics in sentencing law (including plea bargaining).

Throughout, there will be an emphasis on comparative analysis of the criminal law. Jurisdictions to be selected for comparison include the common law of some Australian States and England; statutory modifications of the common law, such as the partial abolition of the right to silence in England; common-law jurisdictions which have adopted entire criminal codes such as Canada, Malaysia, three of the Australian States and the federal jurisdiction in Australia; and civil-law countries, principally Germany but also, as materials are available, others (such as Spain).

Outcomes

On completion of this unit, students should:

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

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

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

See also Unit timetable information

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

A candidate who has successfully completed this unit should:

1. be familiar with the different types of contracts used on construction projects and the pros and cons of each;
2. understand risk allocation and the different methods of project delivery;
3. be able to apply the contract provisions that relate to various issues that impact on construction projects such as variations, latent defects, delays and defective works and the legal ramifications of each;
4. recognise the different types of insurance required for construction projects and be able to critically assess the contractual provisions relevant to them;
5. have knowledge of the various statutes and regulations governing the construction industry; and
6. be able to write clearly, concisely and logically on issues relating to construction law.

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

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

See also Unit timetable information

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

On completion of the Unit students should have:

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

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

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

See also Unit timetable information

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

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

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

Compulsory Research assignment (1,500 words): 30% and

End of semester take home exam (3,500 words): 70%;

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

See also Unit timetable information

This unit examines current developments in international and regional instruments and institutions that promote and protect the human rights of indigenous peoples. Comparative perspectives on the rights of indigenous peoples in common law jurisdictions such as Australia, Canada and New Zealand will be studied. Areas of focus include the definitions of indigenous peoples, the concept self-determination, collective and individual rights, land and resource rights, civil and political participation, and economic and cultural rights.

Please note that in 2009 this unit will involve the opportunity to participate in international videoconferencing seminars with universities in North America and New Zealand.

Students will be able to:

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

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

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

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

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

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

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

See also Unit timetable information

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

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

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

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

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

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

Student who successfully complete this unit should:

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

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

This course introduces students to the legal and regulatory issues relating to transactions undertaken by companies and other institutions in order to borrow money or otherwise to raise funds. The course is in three parts. In the first part, the basic building blocks of: the concepts of credit; how a company borrows money; and how it gives security to its lenders to secure payment, are all examined. The second part involves an examination of the various forms of borrowings, including syndicated financing and project finance. The third part deals with borrowing in the capital markets (that is, without involving a bank as a lender), both domestically in Australia and in other international markets. The course deals with Australian law and also English and European law and US tax and regulation in so far as they affect Australian companies accessing the international markets. An understanding of common law contract law is assumed and some understanding of company law would be of benefit but is not required.

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

1. Apply knowledge and understanding of the basic principles of the law and the practice of corporate finance with creativity and initiative to new situations for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to legal and commercial aspects of various forms of debt finance, including secured and unsecured transactions and other forms of raising debt;
3. Conduct research into the concept of the 'capital markets' particularly debt capital markets as a means of raising funds by Australian issuers in both the Australian domestic market and in the international capital market, based on knowledge of appropriate research principles and methods;
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the international financial transactions in the context of market practice having regard to the legal, contractual, regulatory and taxation regime in Australia, the Euro markets and, to a limited extent, the US market.

Class participation: 20%

Take-home exam (4000 words): 80%

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

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

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

Upon completion of this unit, students should:

1. Be able to critically analyse the nature of the adversarial system, including its benefits and pitfalls
2. Be able to describe the nature of non-adversarial justice, the theories behind the movement and the reasons for the perceived need for non-adversarial processes
3. Articulate and apply theories of interpersonal conflict, how disputes arise, conflict management and dispute prevention
4. Be able to explain and evaluate the theoretical underpinnings and the nature of a range of non-adversarial processes in civil, criminal and family law processes.
5. Learn and work autonomously, using feedback to improve their performance
6. Communicate effectively and persuasively both orally and in writing on issues relating to non-adversarial processes
7. Evaluate how lawyers can work effectively with non-adversarial processes
8. Comprehend and evaluate appropriate ethical standards of conduct of lawyers and other professionals working with non-adversarial processes
9. Demonstrate skills in observation and critical analysis of legal processes including making recommendations for changes or law reform

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

Take home exam (2500 words) - 50%

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

See also Unit timetable information

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

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

The Unit deals with the following topics and issues:

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

The overall objective of this Unit is to acquaint students with the significant number of steps or decision-making stages of the criminal investigation process, and the law and practice in relation to those key decision-making points. Students will develop a good descriptive and analytical grasp of the whole criminal investigative process.

The area will be approached not only from the perspective of what the law is but also from a legal policy standpoint. Significant emphasis will be given to the fundamental political and philosophical questions which arise in criminal investigation, especially those concerning civil liberties and community interests.

Class attendance and participation (10%)

2500 word research project (50%)

Take-home examination (40%)

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

See also Unit timetable information

The unit is a problem based seminar where students simulate a team of lawyers acting on a complex project, requiring them to consider the interplay between legal systems and discrete areas of substantive and procedural law. The seminars involve discussion and simulations. The lecturer will provide background lecturing and information on key areas, but the essence of the unit is student centred learning. Students will be broken into groups to undertake the research, engage in discussions and report back to the seminar as they would in legal practice when assisting an employer in an activity such as this.

The lecturer will provide feedback on presentations (which would provide ongoing and regular formative assessment), and direct the research and thinking for the next stage of the project.

While the pedagogical approach to the unit will remain constant, the actual problem to be used will vary in each year. The problem may be primarily commercial or non-commercial although it could equally combine elements of each. Students will be advised of the content of the problem prior to enrolment.

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

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

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

Assessment will be out of the following range:

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

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

See also Unit timetable information

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

Upon completing this unit, students should:

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

Written assignment (3000 words): 60%

Examination (2 hours writing time plus 30 minutes reading/ settling time): 40%

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

See also Unit timetable information

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

A candidate who has successfully completed this subject should be able to:

1. explain the policies and objectives underlying the regulatory schemes that apply to our treatment of animals;
2. critically analyse those policies and objectives in light of ethical considerations and jurisprudence and relate them to proposals for law reform;
3. provide relevant stakeholders with basic legal advice as to their rights and obligations relating to the treatment of animals;
4. communicate effectively, appropriately and persuasively on issues pertaining to Animal Law;
5. apply skills in legal research, reasoning and argumentation to animal law issues.

In Term Take-Home Class Test (Letter of Advice) (2,000 words): 40%

Deep Dive Research Assignment (Expertise on a Selected Topic) (3,000 words): 60%

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

See also Unit timetable information

The term 'transitional justice' refers to the various judicial and non-judicial measures that may be implemented in order to redress a legacy of human rights abuse. Such measures include criminal prosecutions, truth commissions, reparations and different forms of institutional reform. This unit will begin by providing an overview of transitional justice; it will consider the meaning of the term "transitional justice" and provide a framework through which the concept may be understood. The unit will then engage in a more detailed discussion of the actual transitional justice mechanisms before moving on to consider a number of case studies in order to ground students' understanding of the subject matter in concrete examples. In addition to exploring the transitional justice programs implemented in different countries, the unit will also engage in a comparative analysis of the various case studies and will examine a number of cross-cutting themes, such as gender and transitional justice.

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

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

Class Presentation: 10%

AND

Optional Assignment: 30% (1,500 words) OR

Write-up of class presentation (ungraded hurdle requirement)

AND

Take-home exam: 90% / 60%

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

See also Unit timetable information

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

1. The role of taxation in a market economy;
2. Who should bear the burden of taxation?
3. What should be taxed - income, consumption, wealth/resources?
4. The role of taxation in achieving outcomes beyond revenue raising including the role of taxation in the redistribution of resources, and the use of tax expenditures to achieve various social, economic and political outcomes;
5. The link between the tax and transfer system or, more specifically, the link between taxation and the modern welfare state;
6. The political influence of individuals and groups in shaping tax policy and legal outcomes.

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

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

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

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

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

A candidate who has successfully completed this unit should:

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

Research paper (1,500 words): 30%

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

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

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

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

This unit aims to:

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

There will be two assessment tasks for the unit:

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

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

See also Unit timetable information

This subject is designed to provide both a comprehensive and critical introduction to global ecoterrorism. The subject introduces students to the broad political challenges raised by the global environmental crisis both in the developed and developing world. The general historical evolution of international environmental law and policy will also be analysed. Attention will be given to the major environmental, economic and political tensions that have both shaped and constrained the evolution of 'ecoterrorist' groups.

The subject will in particular focus on the key individuals and major 'ecoterrorist' groups that have grown up as disillusion with the pace of environmental change within global society has increased. The subject will critically analyse the key groups often categorised as ecoterrorist including Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society. It will focus on their founders, historical development, key philosophical beliefs and practices. Students will be encouraged to draw on theoretical debates to identify the ways in which modern ecoterrorism has tested and/or reinforced the traditional assumptions, ideologies, arguments and institutions of international environmental law and policy.

Students will be challenged to develop and refine their ability to analyse critically the different ways in which environmental problems and risks are perceived, framed and managed by differently situated actors within an ecoterrorist context. The subject cover the international and domestic legal responses to ecoterrorism. The subject also contextualises the major legal developments by examining the key state and nonstate actors and institutions involved in the negotiation, settlement and enforcement of law relating to ecoterrorist activities. Finally, the evolving nature of international ecoterrorism law and policy, including problems and prospects for the future, will be critically examined.

Upon successful completion of this unit students are expected to

1. demonstrate a general grasp of the historical evolution of international environmental law and policy in response to the increasingly global nature of ecological problems
2. demonstrate a broad understanding of the diverse ideological character and claims of the modern environment movement and the major lines of contestation in the broader global environmental debate
3. be able to identify the different ways in which new environmental issues, actors, interests and agendas have challenged the basic norms and institutions of global governance, particularly the system of sovereign states, environmental multilateralism, and the norms and institutions of global economic governance
4. have a general understanding of the role of key individuals, actors and institutions involved in ecoterrorist activities
5. recognise the tensions and debates within the national, international and global communities, about the role of direct action and ecoterrorism
6. recognize and critically analyse the key groups often characterized as ecoterrorist including Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society
7. be able to evaluate critically the different global institutional responses to global ecoterrorism
8. have developed an appreciation of cross-cutting and emerging issues of international environmental law such as human rights, indigenous people, war and the environment and the perspectives of various actors in evolving those issues.
9. have developed an ability to think critically and present a reasoned argument in relation to key developments and problems in international ecoterrorism law and policy
10. be able to make an assessment of where global ecoterrorism can be expected to develop in the future.

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

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

See also Unit timetable information

The Global Lawyer focuses on international and transnational practice. It takes students beyond the traditional Australian and common law concentration. Students will be introduced to legal systems from other countries, explore strategies for international research, and develop skills necessary to practice in different cultures and systems, and to interact with clients and lawyers from other jurisdictions.

This unit aims to introduce students to the increasingly important implications of practicing global law, and understanding the impact of digital technologies in legal practice, and in the lawyer's own professional identity, including the impact of social media. It seeks to make students aware of the opportunities in international practice as the role of traditional lawyering is broadened, as well as the responsibilities of being a global, digital lawyer.

Students will start by exploring the origin of transnational practice, highlighting the importance of today's lawyer engaging in global practice. Students will then be introduced to the ethical concerns and responsibilities involved in being an international lawyer, before moving onto an overview of the domestic legal systems of important players in the international legal arena. A discussion of the impact of global legal practice on minorities within the legal community will encourage students to think of the larger socio-economic implications of cross-border practice. International management and firm operation will be dealt with as students are challenged with the problem of how to maintain local identity while providing international service.

Students who have engaged in global lawyering experiences as a part of Monash's extensive global internship opportunities will be encouraged to give short presentations on their experiences.

Students will critically engage with Richard Susskind's technological vision of legal practice, and explore the role of digital tools in the practice of law. Issues such as the changing use of digital technology, modern understandings of privacy and control over information, copyright and ownership of data, and issues of data retention, data security, legal informatics and legal professional ethics will be considered.

Students who successfully complete this unit will:

1. Analyse the role of the lawyer within diverse legal systems in a global context
2. Critique transnational legal practice from the perspective of ethics and accountability
3. Evaluate the role of digital technologies in transnational and domestic legal practice
4. Integrate diverse elements of transnational legal practice to build a personal profile indicative of a skilled global lawyer

Class participation: 10%

Reflective writing: 30%

Critical analysis assignment: 60%

(Class contact) 4 hours per week over 9 weeks

See also Unit timetable information

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

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

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

Upon completion of this unit students should be able to:

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

Three short position papers during semester (1000 words each, 3 x 20%): 60%

Seminar presentations of position papers (3 x 10%): 30%

General class participation: 10%

(Class contact) 36 hours per week, per semester

See also Unit timetable information

This unit aims to provide students with a basic understanding of Chinese legal institutions. There will be focus not just on the law itself, but also on matters of legal culture, politics, economics, institutional design, and other matters that effect the development and operation of the law. In addition, by way of specific examples, the unit examines contract law and company law in China in some detail. This will be of particular interest for students who wish to understand Chinese law for the purposes of trade and cooperation with Chinese enterprises.

A key element will be on examining the Chinese legal system as an example of one where all legal action is highly politicised and where this is considered proper.

Classes will, where possible, use reports, journal articles or cases as a basis for analysis and discussion.

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

1. Apply a knowledge and understanding of fundamental issues in Chinese law so as to advise on simple specific legal problems and more broadly on matters of general policy ;
2. Investigate, analyse, and synthesise complex information, concepts and theories in relation to Chinese law and policy
3. Conduct research into the Chinese legal system to develop understandings of key issues, likely future directions, and current and emerging difficulties and problems;
4. Examine the concept of law as serving a political function as an instrument of policy, and law as being implemented, through executive and administrative fiats and action, with courts acting in a facilitative role.

Class participation: 10%

Oral presentation: 30 %

Take-home examination (3,000 words): 60%

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

See also Unit timetable information

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

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

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

On completion of this unit students should be able to:

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

Class participation: 10 %

Research paper (2,000 words): 40%

Examination: 50 %

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

See also Unit timetable information

Topics include: overview of the regulation of listed companies in Australia; legislative and listing rule requirements regulating fundraising, capital management, continuous disclosure and related party transactions; the aims and objectives of takeover legislation; the regulation of takeovers and other control transactions; the policies, practices and perspectives underlying these regimes.

Students who successfully complete this unit should be able to:

1. demonstrate understanding of the operation and regulation of listed companies in Australia, and the principal requirements regarding fundraising, capital management, continuous disclosure, related party transactions and takeovers;
2. analyse and critically examine the present regulatory regime from different perspectives and have an appreciation of relevant policy and practice;
3. demonstrate ability to interpret and apply the regulatory requirements considered in this unit; and
4. articulate and critically examine the fundamental policy issues in this area.

Written assignment (1500 words): 30%

Take home examination (3500 words): 70%

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

See also Unit timetable information

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

Students who successfully complete the unit should:

1. Demonstrate an awareness of the key principles, concepts and policies relating to the resolution of civil disputes.
2. Show an ability to exercise professional judgment in recognising and responding appropriately to ethical issues that arise in the context of civil dispute resolution.
3. Critically evaluate the available processes of civil dispute resolution and the steps and documentation of civil litigation.
4. Demonstrate effective written communication skills by clear and persuasive articulation and application of procedural rules and principles and by drafting basic court documents (such as pleadings, affidavits or submissions).
5. Demonstrate effective oral communication through class discussion and collaborative effectively on assessable tasks (for example in the activity focused on alternative dispute resolution).
6. Utilise feedback to reflect on and assess their capabilities and performance.
7. Demonstrate an ability to work with a high degree of autonomy and professionalism.
8. Demonstrate cumulative knowledge and skills to propose appropriate solutions to complex legal problems.

Examination (2 hours plus 30 minutes reading and noting time): 50%

Drafting test: 20%

Quiz: 10%

Alternative dispute resolution activity and reflection: 20%

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

See also Unit timetable information

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

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

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

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

Research paper (2500 words): 50%

Examination (2 hours plus 30 minutes reading and noting time): 50%

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

See also Unit timetable information

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

On completion of this unit students should:

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

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

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

See also Unit timetable information

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

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

Upon completing this unit, students should:

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

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

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

See also Unit timetable information

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

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

On completion of this unit students will be able to:

• apply knowledge of a range of current controversies in restitution and the law of unjust enrichment to new situations;
• investigate and analyse information, problems, concepts and theories in relation to the unjust enrichment principle and to critically evaluate the effectiveness of restitution and restitutionary remedies within the private law, including the desirability of reform;
• conduct research into relevant domestic and international materials on contemporary restitution law issues and effectively communicate the results of that research;
• formulate reasoned and appropriate responses to legal problems.

Class participation: 10%

Written assignment (1500 words): 30%

Take-home examination (3000 words): 60%

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

See also Unit timetable information

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 ethical 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. The unit also examines the way that lawyers' ethics and conduct are regulated and set out in legal principles and codes.

Students will be encouraged to develop awareness of their own ethical orientation and expected to apply varied ethical approaches to hypothetical scenarios. They will be expected to identify and resolve ethical issues that arise in legal practice using the law of lawyering. Students will also be expected to critically assess the way lawyers' ethics are regulated in the context of multiple approaches to legal ethics and disparate practice contexts.

Students successfully completing this unit should be able to:

1. Explain the law, principles and values integral to ethical practice of the Law
2. Demonstrate approaches to ethical decision-making that require recognition, reflection and response to ethical issues likely to arise in legal practice, with particular attention to exercising professional judgement in the areas of justice promotion and community service.
3. Use critical analysis to make reasoned choices and demonstrate creativity in applying these to specific ethical issues
4. Communicate how they would effectively, appropriately and persuasively apply professional responsibility principles across different practice contexts to resolve ethical issues
5. Demonstrate autonomy, accountability and professionalism in relation to ethical judgement and make effective use of feedback.

Semesters 1, 2 and Summer:

Video presentation: 10%

Online quiz: 10%

Ethics media diary: 40%

Take home exam: 40%

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

See also Unit timetable information

The presentation of a court trial requires a broad, complex and diverse range of skills, including the ability to develop and then present a persuasive case theory. This unit focuses on the development of those specialised skills and expert judgement needed for this aspect of legal practice. Students will learn to evaluate how the factual and evidentiary foundations of a case

relate to the legal result. The theory covered and skills practised in this course include case analysis, development of strategy, trial preparation, presentation skills, ethics, evidence and legal argument.

Following a series of introductory lectures, students will participate in small group workshops.

During the workshops, students will perform as part of a mock trial; students will present an opening statement, conduct an examination in chief, cross-examine a witness and present a closing address. During these workshops, individualised feedback is provided. These workshops are also ideal as examination preparation as they mirror the assessment tasks set for this course.

This course will be of benefit not only to students who are contemplating practice at the Bar, or as solicitor advocates, but also to those who want to build confidence in their public speaking

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

1 demonstrate knowledge of the role of the advocate in the adversarial system of justice

including some of the ethical duties of an advocate;

2 construct a comprehensive and persuasive case theory and be able to communicate it both

verbally and in writing;

3 be able to apply some fundamental rules of evidence and fairness;

4 demonstrate a basic understanding of advocacy skills and techniques;

5 confidently present the facts and oral arguments to a court.

Students will be assessed on their preparation and performance of a mock trial at the end of the

course:

1 Written Outline of Argument (1000 words) 20%

2 Opening statement (5 minute oral presentation) 20%

3 Examination in Chief (5 minute oral presentation) 20%

4 Cross examination (5 minute oral presentation) 20%

5 Closing address (5 minute oral presentation) 20%

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

See also Unit timetable information

This unit deals with the administration and distribution of property of deceased persons. It covers rules of intestacy,testamentary capacity and intention; the formal element for making, altering and revoking a will; the professional duties of lawyers in the drafting and execution of wills and the management of deceased estates; persons eligible to be appointed executors; types of grants of representation; methods of proving a will; the vesting of assets in an executor or administrator; the classification of gifts by will and the doctrines affecting such gifts; the powers and duties of executors and administrators; and the distribution of net assets to beneficiaries or next of kin. It is designed to impart the fundamental areas of legal knowledge and principles and the contexts within which legal issues arise.

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

1. To explain how the property of a deceased person will be distributed if the person has not made a valid will disposing of all of their property.
2. To document the requirements for a valid will, and assess a variety of circumstances to determine whether a particular will is valid.
3. To state how wills are altered, revoked, revived and republished.
4. To describe circumstances where formalities can be circumvented.
5. To classify and determine the validity of various testamentary dispositions.
6. To identify the people who are eligible to make a family provision claim and describe how the courts will deals with such a claim.
7. To outline the various different types of grants of representation, and explain how an estate is administered.
8. To work in a group to practice the essential duties of succession lawyers and draft an executable will and/or describe how a deceased estate should be managed.

1. Assignment (1,000 words) 40% AND
2. Examination (2 hours plus 30 minutes reading and noting time) 60%

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

See also Unit timetable information

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

On completion of the Unit students will be able to:

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

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

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

See also Unit timetable information

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

Upon successful completion of this unit students are expected to demonstrate:

critically analyse the historical evolution of international environmental law and policy in response to the increasingly global nature of ecological problems

demonstrate intellectual and creative skills to articulate the diverse ideological character and claims of the modern environment movement and the major lines of contestation in the broader global environmental debate

reflect on and assess the major sources and principles of 'hard' and 'soft' international environmental law and the key principles and cases which have shaped the law's development

demonstrate cognitive and creative skills in approaching complex issues pertaining to the international response to environmental concerns including climate change, protection of the marine environment, protection of the polar regions, biodiversity and international trade

critically analyse the role of key actors and institutions in the evolution of international environmental law, including states, NGOs, TNCs, the United Nations and the Bretton Woods Institutions

apply intellectual skills to recognise the major environment and development tensions and debates within the national, international and global communities, particularly the sustainable development debate and the tensions between environmental and economic discourses and modes of global governance

be able to reflect upon and identify the different ways in which new environmental issues, actors, interests and agendas have challenged the basic norms and institutions of global governance, particularly the system of sovereign states, environmental multilateralism, and the norms and institutions of global economic governance

be able to critically evaluate the different global institutional responses to global ecological problems

have developed a critical appreciation of cross-cutting and emerging issues of international environmental law such as human rights, indigenous people, war and the environment and the perspectives of various actors in evolving those issues.

have developed an ability to think critically and present a reasoned argument in relation to key developments and problems in international environmental law and policy

be able to critically assess where international environmental law can be expected to develop in the future.

Research paper (2500 words): 50%

Take-home examination (2500 words): 50%

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

See also Unit timetable information

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

See also Unit timetable information

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

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

Identify and demonstrate an ability to apply the laws that are covered in each topic in terms of their impact on the media.

Critically analyse the relationship between the media and the organs of State.

Articulate reasoned opinions as to whether the laws studied strike an appropriate balance between freedom of speech and other important public interests such as the administration of justice, national security and the protection of citizens from offensive material.

A class test (75 minutes): 40%

Final written examination (2 hours plus 30 minutes reading and noting time): 60%

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

See also Unit timetable information

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

Students completing this unit should:

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

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

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

See also Unit timetable information

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

Upon completion of this unit, a student should understand:

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

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

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

See also Unit timetable information

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

Upon completion of this unit students should be able to:

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

Class group presentation: 10%

Collaborative group written assignment (problem-based or case analysis) 1500 words: 30%

Take home examination: 60%

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

See also Unit timetable information

This unit involves a critical examination of the general principles and the rules of evidence and the use of evidence law as a method of ensuring fair trials. It draws upon theoretical perspectives including reliability, libertarian and disciplinary principles, as well as discussion of law reform. Rules and principles governing the proof of facts in civil and criminal trials to be covered include competence and compellability, privilege, examination of witnesses, credibility and character, tendency and coincidence, hearsay and exceptions to the hearsay rule, the right to silence, admissions, illegally obtained evidence and opinion evidence.

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

1. Critically evaluate the purpose and scope of evidentiary principles in ensuring the conduct of fair trials in the civil and criminal justice systems, drawing upon broader theoretical and comparative perspectives;
2. Engage in critical analysis and use professional judgement to make reasoned and appropriate choices among alternative interpretations, arguments and actions;
3. Research, interpret and apply evidentiary principles to generate appropriate responses to problem scenarios and legal issues in trial practice;
4. Recognise the professional responsibilities of lawyers to promote justice and reflect upon ethical issues arising in trial practice;
5. Collaborate and communicate effectively and persuasively in professional formats appropriate to trial practice;
6. Learn and work with a high degree of autonomy, accountability and professionalism; and
7. Reflect on and assess their own capabilities and performance, and make use of feedback to support personal and professional development.

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

1. Tutorial attendance and participation: 10%
2. Written submission: 20%
3. Oral presentation based on written submission: 10%
4. Final two hour exam (plus 30 mins reading and noting time): 60%

   For students who commenced their LLB course prior to 2015:

5. Tutorial attendance and participation: 10%
6. Class test: 30%
7. Final two hour exam (plus 30 mins reading and noting time): 60%

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

See also Unit timetable information

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

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

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

Presentation: 10%; Research Paper: 90%.

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

See also Unit timetable information

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

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

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

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

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

See also Unit timetable information

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

Students successfully completing this unit should have satisfied the following:

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

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

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

See also Unit timetable information

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

At the successful completion of this Unit, students will:

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

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

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

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

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 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 solutions to complex legal problems; and

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

2. Effectively communicate (both orally and in writing) legal advice, information, options for litigious and non-litigious pathways, arguments and strategies 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. Assess their own capabilities and performance as future legal practitioners by having developed skills of self-reflection and self-management, with the ability to independently synthesise this information to aid in the exercise of sound professional and ethical decisions.
5. Independently identify a law reform or policy problem of relevance to the clinic, isolate and critically analyse the relevant legal principles that underpin that problem, and articulate recommendations for reform through an advanced theoretical and technical knowledge of the designated problem.

Performance of responsibilities at clinic: 80%

Community Engagement: 20%

Ungraded requirement: Completion of a reflective journal entry every two weeks throughout the clinical period.

An ungraded SFR (Satisfied Faculty Requirements) for the reflective journal is required to obtain a pass in this unit.

Minimum total expected workload to achieve the learning outcome for this unit is one half-day Legal Service session per week for 19 weeks (including non-teaching period) plus one and a half days per week client follow-up and one 2-hour seminar for 10 weeks. Scheduled activities may include a combination of teacher directed learning, client interviewing and advice sessions, supervision and online engagement.

See also Unit timetable information

See also Unit timetable information

This unit will introduce students to comparative analysis of the law and social issues arising from the use of the internet for commerce, education and entertainment. The unit will address issues such as jurisdiction, internet governance, electronic contracting, content regulation and copyright. There will be sufficient flexibility to examine new issues as they arise.

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

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

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.

Class participation: 20%

Take home exam (4000 words): 80%

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

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

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Students undertake a practical placement in a specialist family law program based at a community legal centre which endeavours to meet the legal 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 and attend Court to instruct Counsel in hearings. Students also attend the duty lawyer service at the Dandenong Family Court each Monday to assist and advise unrepresented litigants. Students acquire a diverse range of practical legal skills 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 the capacity to identify and respond to ethical, moral and professional dilemmas in legal practice. Students also develop an appreciation of social 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 (especially family law), along with students interested in policy, government and social justice career pathways.

Students who successfully complete this unit will:

1. Independently undertake legal research into complex areas of family law and related legislation, including children's and property issues, child support and spousal maintenance 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 solutions to complex legal problems; and

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

2. Effectively communicate (both orally and in writing) legal advice, information, options for litigious and non-litigious pathway, arguments and strategies 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. Assess their own capabilities and performance as future legal practitioners by having developed skills of self-management, and to independently synthesise this information to aid in the exercise of sound professional and ethical decisions.
5. Independently identify a practical, law reform or policy problem of relevance to the clinic, isolate and critically analyse the legal principles relevant problem, and articulate these issues through an advanced theoretical and technical knowledge of the designated problem.

Performance of responsibilities at clinic: 70%

Research paper (1500 words) on a topic to be approved by clinical supervisor: 30%

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

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

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

See also Unit timetable information

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 tribunals, 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 aims, particularly, to develop students' practical skills in interpreting statutes.

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

1. With respect to theoretical and policy concerns underpinning the law; analyse the substantive law of judicial and merits review
2. Creatively resolve complex issues pertaining to administrative law, make reasoned choices, and formulate appropriate responses to issues as they arise
3. Explain and argue key issues pertaining to Administrative Law;
4. Incorporate feedback in reflection and self-evaluation of their performance of administrative law related activities

1. Statutory Interpretation Exercise: Part A - Short answer (10%)
2. Statutory Interpretation Exercise: Part B - (20%)
3. Examination (2 hours): (60%).
4. Tutorial activities (10%).

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

See also Unit timetable information

The unit reviews the general principles and aims of the criminal law and criminal justice system in light of Australia's international obligations and building upon the units previously studied including contract, property and corporations law. It examines principles of criminal responsibility including corporate criminal responsibility, and offences against the property interests of a range of legal persons. It also examines drug offences, as well as the significant role criminal laws play in regulating behaviour through strict liability and inchoate offences. It then considers procedural steps in the criminal process, including the role of discretion and mechanisms for accountability.

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

1. Demonstrate advanced and integrated knowledge of criminal law and procedure, building upon learning in previous units;
2. Demonstrate an ability to recognise and reflect on ethical issues that arise in criminal law practice and the professional responsibilities of lawyers;
3. Interpret, synthesise and evaluate case and statute law and professional conclusions to provide appropriate jurisprudential and practical advice on complex legal problems;
4. Apply sophisticated legal skills of written communication to criminal trial practice; and
5. Reflect on and assess their own capabilities and performance, and make use of feedback, to support their personal and professional development.

1. Research paper (1500 words) in a specified professional format: 30%
2. Final examination (2 hours writing time plus 30 minutes reading and noting time): 50%
3. Tutorial participation: 10%
4. Online task addressing statutory procedural requirements: 10%

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

See also Unit timetable information

This unit is essentially concerned with an exploration of the legal consequences of a corporation becoming insolvent. This includes an understanding of the formal process and consequences of liquidation; an analysis of the impact of liquidation on a corporation's property rights; consideration of the property that is available to creditors and the treatment of claims in a liquidation; an examination of the alternatives to liquidation, particularly the formal alternatives offered under the Corporations Act 2001 (Cth); and a consideration of the impact of an 'overseas' element in both liquidation and its alternatives.

Topics covered include:

• an assessment of the nature, objectives and features of corporate insolvency law
• an outline of the proceedings that lead to liquidation
• an examination of the meaning of 'insolvency' and its associated problems of proof
• the impact of liquidation on a corporation's contractual and property rights, including the operation of the law to determine which property is made available to unsecured creditors in the event of liquidation. This requires an examination of the meaning of 'property' in this context and the scheme of the legislation in determining which property is to be made available to creditors. Of particular interest here are the 'clawback' provisions which allow recover of property disposed of prior to liquidation
• the claims which are recognised in the event of liquidation, the principle of distribution and the position of secured creditors
• the process of deregistration of an insolvent corporation
• the alternatives to liquidation, particularly the formal alternatives available under the Corporations Act
• the implications of an 'overseas element' in a liquidation and its alternatives are examined, including the operation of the Cross Border Insolvency Act 2008 (Cth).

The objectives of this unit are to enable students to:

understand the legal impact of insolvency on a corporation's rights and liabilities, including a comparison of the way in which these issues are handled in other jurisdictions

• critically evaluate the law relating to corporate insolvency in its broader regulatory, social and economic context,
• demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions
• identify, research, synthesise and evaluate relevant legal, factual and policy issues;
• demonstrate cognitive and creative skills in approaching legal issues and generating appropriate responses and developing new understandings; and
• engage in critical analysis and make reasoned and appropriate choices among alternatives.

1. Research assignment of 1500 words, worth 30% of the total assessment
2. Final examination 2.5 hours plus 30 minutes reading and noting time,3500 words, worth 70% of the total assessment.

This unit is essentially concerned with an exploration of the legal consequences of an individual becoming insolvent. This includes an overview of the formal processes and consequences of bankruptcy; an analysis of the impact of bankruptcy on a person's property rights; consideration of the property that is available to creditors and the treatment of claims in a bankruptcy; an examination of the alternatives to bankruptcy, particularly the formal alternatives offered under the Bankruptcy Act 1966 (Cth); and a consideration of the impact of an 'overseas' element in both bankruptcy and its alternatives.

Topics covered include:

an assessment of the nature, objectives and features of personal insolvency law

an overview of the administrative machinery that supports bankruptcy, sources of law and the courts that have jurisdiction in personal insolvency

an outline of the proceedings that lead to bankruptcy

an examination of the meaning of 'insolvency' and the associated problems of proof

the impact of bankruptcy on a person's contractual and property rights, including the operation of the law to determine which property is made available to unsecured creditors in the event of bankruptcy. This requires an examination of the meaning of 'property' in this context and the scheme of the legislation in determining which property is to be made available to creditors. Of particular interest here is the 'backdating' of the bankruptcy to catch property that has been disposed of by the debtor prior to bankruptcy and the 'clawback' provisions which allow recover of property disposed of prior to bankruptcy

the claims which are recognised in the event of bankruptcy, the principles governing distribution of the bankrupt estate and the position of secured creditors

the ending of bankruptcy, through discharge and annulment

the alternatives to bankruptcy, particularly those formal alternatives available under the Bankruptcy Act

the implications of an 'overseas element' in a bankruptcy, including the operation of the Cross Border Insolvency Act 2008 (Cth) as it applies to individuals

The objectives of this unit are to enable students to:

understand the legal impact of insolvency on an individual's rights and liabilities, including a comparison of the way in which these issues are handled in other jurisdictions

critically evaluate the law relating to personal insolvency in its broader regulatory, social and economic context,

demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions

identify, research, synthesise and evaluate relevant legal, factual and policy issues;

demonstrate cognitive and creative skills in approaching legal issues and generating appropriate responses and developing new understandings; and

engage in critical analysis and make reasoned and appropriate choices among alternatives.

1. Research assignment of 1500 words, worth 30% of the total assessment
2. Open book 2.5 hour examination, worth 70% of the total assessment.

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

See also Unit timetable information

This Unit explores the intersection of sport and law and in so doing: 1. equips students to apply the body of knowledge known as "sports law"; and 2. consolidates, reinforces and extends students' knowledge and understanding of core legal subjects central to the practice of law.

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

On completion of the Unit students should be able to:

1. articulate the fundamental principles of criminal law, tort and OHS law, contract and employment, competition, equal opportunity and anti-discrimination law, privacy and intellectual property laws, and apply them to novel and unique cases presented by sport and sporting contests;
2. critically assess policies and principles, including regulatory strategies, to promote and support sporting endeavours;
3. demonstrate legal research and reasoning skills and professional judgement to generate appropriate responses to complex policy, regulatory and legal problems;
4. demonstrate intellectual and creative skills to articulate legal and policy issues, to research, interpret and synthesise relevant legal, policy and factual matters, and to formulate reasoned and appropriate responses to legal problems;
5. collaborate and communicate in ways that are effective, appropriate and persuasive;
6. provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development; and
7. articulate and evaluate the role of law in regulating and facilitating sporting endeavours.

Assessment Task 1: Quizzes - 10%

Assessment Task 2: Research Assignment - 30%

Assessment Task 3: Exam - 60%

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

See also Unit timetable information

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

Upon completion of this unit students should be able to:

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

Take-home examination (3,000 words): 60%

AND

Assignment (2,000 words): 40%

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

See also Unit timetable information

This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition. Students will be required to comprehend the development of patent law over time and analyse patent specifications and claims. They will also examine trade mark law and critically consider trade mark law principles and policies.

1. Capacity to interpret patent specifications and claims in the context of and simultaneous application of patent law.
2. Understand and identify the policies behind patent law developments and recognise those policies in the context of Australian patent case law and legislation.
3. Identify and critically evaluate the likelihood of any factual scenario involving contravention of the rights of patent and trade mark owners.
4. Recognise the fundamental nature of trade marks and the means by which their legal protection operates in a sophisticated commercial environment.
5. Both analyse and apply patent and trade mark legislation and case law so as to provide advice to owners and users of patents and trademark.
6. Undertake a critical evaluation of the place of patent and trade mark law in a commercial environment and in the space of government regulatory activity that may conflict with the exploitation of that intellectual property.

Students will be provided with a patent interpretation exercise. Their answers will be evaluated and feedback provided on those answers. The exercise will not have any marks assigned to it but will be a critical part of learning for the purposes of a significant part of the end of semester examination.

Assignment (1000 words): 20% and

Final written examination (2 hours writing time plus 10 minutes reading time): 80%

OR

Final written examination including a 20% research component (2.5 hours writing time plus 10 minutes reading time): 100%

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

See also Unit timetable information

This unit will examine the relationship between sovereignty and globalisation from the 'discovery' of the Americas, through colonisation and de-colonisation, to present concerns with financial and technological integration and the 'war on terror'. It will ask what it means to be 'sovereign' in a globalised world and this question shapes and is shaped by the allocation of political and economic power in the world. The unit will place contemporary debates about sovereignty and globalisation in context by considering the development of sovereignty doctrine at key moments in history. It will also investigate the complex relationship between public and private authority.

Upon completion of this unit students should be able to:

1. Identify, evaluate and synthesise relevant legal, theoretical and historical issues and concepts in relation to the relationship between sovereignty and globalisation;
2. Demonstrate cognitive and creative skills in analysing complex issues about sovereignty and globalisation;
3. Critically evaluate various dominant and popular conceptions of the proper scope of sovereign authority in light of global challenges;
4. Communicate and advocate effectively and persuasively, both orally and in writing, on issues relating to sovereignty and globalisation;
5. Reflect on and assess their own performance, including by taking into account feedback on earlier work, to improve their capabilities and understanding.

1. Class participation: 10%
2. Draft essay plan and preliminary bibliography (1000 words): 20%
3. Research essay (3500 words): 70%

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

See also Unit timetable information

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

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

1. Apply knowledge and understanding of the key features of the constitutional systems of Malaysia and Singapore, with creativity and initiative to new situations for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the significance of political and legal developments in relation to constitutionalism in Malaysia and Singapore;
3. Conduct research into the fundamental aspects of the legal and constitutional systems of Malaysia and Singapore, based on knowledge of appropriate research principles and methods;
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to Malaysian and Singaporean constitutional systems.

One 1,500 word research essay 30%;

Class participation 10%; and

Final exam (2 hours plus 30 minutes reading and noting time) 60%

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

See also Unit timetable information

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

On completion of this unit students should:

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

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

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

See also Unit timetable information

Part I, 'Understanding Criminology', presents an overview of criminology - now made more exciting via integrated coverage of terrorism and related crimes - and describes the vast horizon of this science. It explains what crime is and techniques for measuring the amount and characteristics of crime and criminals. It also traces the history of criminological thought through the era that witnessed the formation of the major schools of criminology, classicism and positivism (eighteenth and nineteenth centuries).

Part II, 'Explanations of Crime and Criminal Behaviour', includes explanations of crime and criminal behaviour on the basis of the various theories developed in the twentieth century. Among the subjects covered are theories that offer biological, psychological, sociological, socio-political, and integrated explanations. Coverage of research by radical, socialist, and feminist criminologists has been updated. Theories that discuss why offenders choose to commit one offence rather than another at a given time and place are also covered in this part.

Part III, 'Types of Crime', covers the various types of crimes from a legal and sociological perspective. The familiar street crimes, such as homicide and robbery, are assessed, as are other criminal activities such as white-collar and corporate crime, which are so much in the spotlight these days, as well as other high-tech crimes that have been highlighted by researchers only in recent years.

Upon completing this unit, students should

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

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

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

See also Unit timetable information

All societies grapple with ensuring compliance with criminal laws, establishing appropriate forms of punishment, and implementing those punishments in acceptable and effective ways. This unit focuses on theories, institutions and processes relating to the legal system's response to breaches of the criminal law, in a range of comparative jurisdictions. Students will examine theories of punishment, approaches to and options for sentencing including imprisonment, and the role of therapeutic jurisprudence and restorative justice. Students will also examine the uses of imprisonment in a range of jurisdictions.

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

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

Research assignment 50% (2500 words)

AND

Take home examination: 50% (2500 words)

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

See also Unit timetable information

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

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

Among the questions to be considered are:

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

On completion of this unit, students should:

• have gained a good understanding of the law of remedies as a legal discipline and an area of practice
• understand and be able to explain the various goals of remedies
• appreciate the interaction between causes of action and remedial responses
• have acquired specific knowledge in the areas of damages for torts, breach of contract and misleading and deceptive conduct; equitable compensation and coercive relief
• have developed a critical understanding of contemporary issues in Remedies Law
• have developed and demonstrated their ability to engage in informed and articulate oral discussions on issues in Remedies Law
• have developed and demonstrated the ability to independently research, analyse and write on issues in Remedies Law
• be able to solve practical problems that involve the Law of Remedies and to prepare clear and accurate written advice for clients

Option A: assignment (3000 words): 60%; examination (2 hours writing and 30 mins reading and noting): 40% OR Option B: examination (2 hours writing and 30 mins reading and noting): 100%

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

See also Unit timetable information

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

The Judiciary as a branch of government. This will entail an exploration of the concept of judicial independence and its interrelationship with the doctrine of separation of powers. It will focus on the standards for judicial independence as prescribed by international instruments. The relationship with other branches of government will be analysed.

Appointment of Judges and Conditions of Service This topic will examine on a comparative basis judicial appointment processes and the criteria for judicial appointment. The implications of appointing acting, reserve and part-time judges, the conditions of service, judicial education and disputes about entitlements to hold and exercise judicial office.

Removal, Suspension and Discipline of Judges What constitutes 'judicial misbehaviour'? A study of removal mechanisms from various jurisdictions and the grounds for removal from judicial office. The constitutional dimensions of suspension of judges. Mechanisms to deal with complaints against judges with particular attention to the Judicial Officers Act 1986 (NSW).

Judicial Officers and the Rule Against Bias Disqualification of judges and recusals. Public Interest and Private Interest and Codes of Ethics. The involvement of judges in extra-curial activities will be considered, especially conducting commissions and committees of inquiry.

Modes of Protecting the Judicial Institution A general consideration of contempt of court and attacks on the judiciary. Criticism of the judiciary and the proper limits. Offences relating to the administration of justice. The scope of judicial immunities. Parliamentary conventions relating to the judiciary.

Judicial Accountability The concept of accountability. Meaning of 'open' court. A duty to give reasons; appeals and reviews. The relationship between the courts and the media. Judicial involvement in public controversies.

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

(1)comprehend and critically analyse the fundamental notions of judicial independence, judicial integrity, judicial impartiality and judicial accountability, with particular reference to international norms and comparative guidelines

(2)Demonstrate an ability to recognise and reflect upon ethical issues and contemporary challenges relating to the Australian judiciary from a comparative perspective

(3)Engage in critical analysis and make reasoned choices pertaining to dilemmas confronting judicial officers

(4)Identify, research, evaluate and synthesis contemporary constitutional, legal and policy issues concerning the Australian judiciary

(5)Communicate effectively, appropriately and persuasively on issues pertaining to the judiciary from a comparative perspective

(6)learn and work with autonomy, independence and professionalism.

Research assignment (max 2500 words): 50%

Examination (2 hours writing time plus 30 minutes reading and noting time): 50%

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

See also Unit timetable information