- 2019

Faculty of Law
Postgraduate - Units

LAW5000 - Australian legal reasoning and methods

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Prof Moira Paterson Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=262&pid=2627) (Trimester 1)
Dr Elena Karataeva (Trimester 2)
Mr Steve Kourabas (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7470

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5001 - Principles of criminal law and procedure

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Liz Campbell (Trimester 1 and Trimester 3)
Ms Rachel Kessel (Trimester 2)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Co-requisites

LAW5080 or LAW5000 or LAW5081

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7264

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5002 - Principles of contract law A

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Lisa Di Marco (Trimester 1)
Elena Karataeva (Trimester 2)
Lisa Di Marco (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Co-requisites

LAW5000

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7428

Synopsis

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

Outcomes

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

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

Assessment

  1. Written assignment (3000 words): 40%
  2. Examination (2 hours plus 30 minutes reading time): 60%

Workload requirements

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


LAW5003 - Principles of torts

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Karinne Ludlow (Trimester 1)
Assoc Prof Janice Richardson Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=51104&pid=5482) (Trimester 2)
Assoc Prof Normann Witzleb (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

LAW5000

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7266

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Workload requirements

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


LAW5004 - Principles of public law and statutory interpretation

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Anna Lord (Trimester 1)
Melissa Castan (Trimester 2)
Rachel Chrapot (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

LAW5000, LAW5001

Synopsis

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

Outcomes

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

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

Assessment

  1. Written Assignment (3000 words): 40%
  2. Examination (2 hours plus 30 minutes reading time): 60%

Workload requirements

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


LAW5005 - Principles of contract law B

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Elena Karataeva (Trimester 1)
Karen Abidi (Trimester 2)
Emmanuel Laryea (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Prohibitions

LAW7265

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7429

Synopsis

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

Outcomes

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

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

Assessment

  1. Written assignment (3000 words): 40%
  2. Examination (2 hours plus 30 minutes reading time): 60%

Workload requirements

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


LAW5006 - Principles of property law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Nicholas Calleja (Trimester 1)
Alicia Wright (Trimester 2)
Professor Daniel Fitzpatrick (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Co-requisites

LAW5005

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7267

Synopsis

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

Outcomes

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

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

Assessment

  1. Collaborative class activity requiring research, individual written research assignment and oral presentation:
    • 30% for written research assignment (2250 words)and
    • 10% for presentation of oral component;.
  2. Examination (2 hours plus 30 minutes reading time): 60%

Workload requirements

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


LAW5007 - Principles of constitutional law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Yee Fui Ng (Trimester 1)
Luke Beck (Trimester 2)
Ms Erica Contini (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7268

Synopsis

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

Outcomes

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

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

Assessment

  1. Research assignment (3000 words): 40%
  2. Examination (2 hours plus 30 minutes reading time): 60%

Workload requirements

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


LAW5008 - Principles of equity

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Susan Barkehall Thomas Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=336&pid=2655) (Trimester 1)
Nadine Huels (Trimester 2)
Vicki Vann (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Co-requisites

LAW5006

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7269

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5010 - Principles of trusts

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Vicki Vann (Trimester 1)
Vicky Priskich (Trimester 2
Vicki Vann (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Co-requisites

LAW5008

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7271

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5011 - Principles of company law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Steve Kourabas (Trimester 1)
Nicholas Calleja (Trimester 2)
Normann Witzleb (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

LAW5000 and LAW5004

Prohibitions

LAW5017

Synopsis

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

Outcomes

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

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

Assessment

Research assignment (3,000): 40%

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

Workload requirements

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


LAW5012 - Principles of evidence

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Prof Johnathan Clough (Trimester 1)
Mr Jason Harkess (Trimester 2)
Dr Fiona Hum (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7273

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5013 - Principles of litigation and dispute resolution

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Nicki Mollard (Trimester 1)
Prof Paula Gerber (Trimester 2)
Tania Penovic (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

LAW5000 or LAW5080 or LAW5081; LAW5002, LAW5003, LAW5005, LAW5011; and (for students beginning in 2015 or later) LAW5004.

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5014 - Principles of administrative law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Yee Fui Ng (Trimester 1)
Katie O'Bryan (Trimester 2)
Colin Campbell (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7274

Synopsis

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

Outcomes

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

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

Assessment

  1. Statutory interpretation assignment (3000 words): 40%
  2. Examination (2 hours plus 30 minutes reading time): 60%

Workload requirements

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


LAW5015 - Ethics in legal practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

The Hon Nahum Mushin Adjunct Professor (Trimester 1)
Kate Seear & Jeff Giddings (Trimester 2)
Jeff Giddings (Trimester 3)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7331

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5018 - Advanced property law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Brett Harding (Trimester 1)
Vanessa Johnston (Trimester 2)
Professor Ann Monotti (Trimester 3)

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5006 (completed from Trimester 2, 2016), LAW5002 or LAW7265, LAW5005 and LAW5004 (for students beginning in 2015 or later).

Prohibitions

LAW5009

Synopsis

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

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

Outcomes

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

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

Assessment

  1. Written assignment (3000 words): 40%
  2. Examination (2 hours plus 30 minutes reading and noting time): 60%

Workload requirements

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


LAW5050 - Professional practice (JD)

12 points, SCA Band 3, 0.250 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Rachel Spencer

Quota applies

The unit is restricted to five students per intake.

Unit guides

Offered

City (Melbourne)

  • Summer semester A 2019 (Evening)
  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

The achievement of at least twelve units or 72 credit points towards the Juris Doctor to include:

LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005, LAW5006 and LAW5007 or equivalent

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7423

For application & enrolment information please see https://www.monash.edu/law/home/cle

Synopsis

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

Outcomes

Students completing this unit will be able to:

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

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

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

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

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

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

Assessment

Performance of responsibilities at clinic: 80%

Reflective journal: 20%

Workload requirements

All students are required to attend an Orientation Day on the Thursday preceding the clinical period. After Orientation, students will then commence the placement in week 1 of the clinical period.

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

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


LAW5052 - Professional project

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Jacqui Horan

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • First semester (extended) 2019 (Flexible)
  • Second semester (extended) 2019 (Flexible)

Prerequisites

The completion of 14 JD core units, not including:

LAW5013 Principles of litigation & dispute resolution

LAW5015 Ethics in legal practice

Synopsis

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

Outcomes

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

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

Assessment

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

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

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

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

Workload requirements

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


LAW5053 - Law Review editorship 1

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Unit guides

Offered

Clayton

  • First semester 2019 (On-campus)
  • Second semester 2019 (On-campus)

Prerequisites

For students in JD course

LAW5000, LAW5001, LAW5004, LAW5003, LAW5002, LAW5005, LAW5006, LAW5007

Co-requisites

For students in JD course:

LAW5008, LAW5011

Prohibitions

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

Synopsis

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

Outcomes

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

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

Assessment

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

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

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

Workload requirements

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


LAW5054 - Law Review editorship 2

12 points, SCA Band 3, 0.250 EFTSL

Postgraduate - Unit

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

Faculty

Law

Unit guides

Offered

Clayton

  • Full year 2019 (On-campus)

Prerequisites

For students in the JD course

LAW5000, LAW5001, LAW5004, LAW5003, LAW5002, LAW5005, LAW5006, LAW5007

Co-requisites

LAW5008, LAW5011

Prohibitions

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

Synopsis

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

Outcomes

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

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

Assessment

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

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

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

LAW5055 - Vis arbitration moot

12 points, SCA Band 3, 0.250 EFTSL

Postgraduate - Unit

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

Faculty

Law

Unit guides

Offered

Clayton

  • First semester 2019 (On-campus)

Prerequisites

LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005

Synopsis

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

Outcomes

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

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

Assessment

Two Written Memoranda (Team) 20%

Oral Assessment (Mooting): 80%

Workload requirements

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


LAW5056 - Jessup moot competition

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Eric Wilson

Quota applies

The number of places available in this unit is 5

Not offered in 2019

Prerequisites

LAW5000, LAW5001, LAW5002, LAW5003, LAW5004, LAW5005

Synopsis

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

Outcomes

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

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

Assessment

One written memorandum (Team) 50%

Oral Assessment (Mooting): 50%

Workload requirements

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


LAW5057 - Work integrated learning project

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Mr Ross Hyams

Quota applies

Enrolment will be capped at 40 students.

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (Flexible)
  • Second semester 2019 (Flexible)

Prerequisites

For students enrolled in the Master of Laws (Juris Doctor) or the Juris Doctor, completion of 72 credit points of core units.

Synopsis

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

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

Outcomes

On completion of this unit, students should:

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

Assessment

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

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

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

Workload requirements

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


LAW5081 - Australian legal process and research

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Trimester 1: Claire Kaylock
Term 3: Claire Kaylock

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Term 3 2019 (On-campus)

Prohibitions

LAW5080

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7436

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Discussion board participation (750 words): 10%

In-class exercises: 45%

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

Workload requirements

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

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

Workload requirements

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

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


LAW5082 - Masters research

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Heli Askola

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus block of classes)
  • Second semester 2019 (On-campus block of classes)
  • Summer semester A 2019 (On-campus block of classes)
  • Term 1 2019 (On-campus block of classes)
  • Trimester 1 2019 (On-campus block of classes)
  • Term 2 2019 (On-campus block of classes)
  • Trimester 2 2019 (On-campus block of classes)
  • Term 3 2019 (On-campus block of classes)
  • Trimester 3 2019 (On-campus block of classes)
  • Term 4 2019 (On-campus block of classes)

Prerequisites

Completion of any compulsory units such as Australian legal system and at least four units in total.

Prohibitions

The following units will be prohibited to use as a host unit for LAW5082 Masters Research.

LAW5304 Overview of international human rights law

LAW5340 Intellectual property

LAW5315 Commercial alternative dispute resolution

LAW5344 Negotiation: Essential skills for dispute resolution

LAW5355 Advocacy

LAW5411 Advanced mediation: Skills and theory A

LAW5412 Advanced mediation: Skills and theory B

LAW5421 Managing high conflict personalities in dispute resolution

Notes

Enrolment guidelines for postgraduate unit LAW5082 - Masters research can be viewed at https://www.monash.edu/law/current-students/resources/enrolments/enrolment-guidelines-pg-research-units

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Synopsis

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

Outcomes

On completion of this unit students will have demonstrated:

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

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

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

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

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

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

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

Assessment

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

Workload requirements

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


LAW5083 - Extended research

12 points, SCA Band 3, 0.250 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Heli Askola

Quota applies

No more than 5 JD students may commence this unit in a given trimester. Where there are more eligible applicants than places, applicants will be awarded places on the basis of academic merit.

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus)
  • Second semester 2019 (Off-campus block of classes)
  • Summer semester A 2019 (On-campus)
  • Term 1 2019 (On-campus)
  • Trimester 1 2019 (On-campus block of classes)
  • Term 2 2019 (On-campus)
  • Trimester 2 2019 (On-campus block of classes)
  • Term 3 2019 (On-campus)
  • Trimester 3 2019 (On-campus)
  • Term 4 2019 (On-campus)

Prerequisites

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

Notes

Enrolment guidelines for postgraduate Minor thesis can be viewed at http://www.law.monash.edu/current-students/enrolments/enrolment-guidelines-pg-minor-thesis.html

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7456

Synopsis

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

Outcomes

On completion of this unit students will have:

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

Assessment

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

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

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

Workload requirements

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


LAW5084 - Minor thesis

24 points, SCA Band 3, 0.500 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Heli Askola

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus block of classes)
  • Second semester 2019 (On-campus block of classes)
  • Summer semester A 2019 (On-campus)
  • Term 1 2019 (On-campus)
  • Trimester 1 2019 (On-campus block of classes)
  • Term 2 2019 (On-campus)
  • Trimester 2 2019 (On-campus block of classes)
  • Term 3 2019 (On-campus)
  • Trimester 3 2019 (On-campus)
  • Term 4 2019 (On-campus)

Prerequisites

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

Notes

Enrolment guidelines for postgraduate Minor thesis can be viewed at http://www.law.monash.edu/current-students/enrolments/enrolment-guidelines-pg-minor-thesis.html

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7000

Synopsis

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

Outcomes

On completion of this unit students will have:

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

Assessment

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

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

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

Workload requirements

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


LAW5185 - Graduate research paper

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Heli Askola

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus block of classes)
  • Second semester 2019 (On-campus)
  • Term 1 2019 (On-campus block of classes)
  • Trimester 1 2019 (On-campus block of classes)
  • Term 2 2019 (On-campus block of classes)
  • Trimester 2 2019 (On-campus block of classes)
  • Term 3 2019 (On-campus)
  • Trimester 3 2019 (On-campus)
  • Term 4 2019 (On-campus)

Synopsis

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

Outcomes

On completion of this unit students will have:

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

Assessment

Research paper (7,500 words): 100%

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


LAW5301 - Copyright

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr David Brennan

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7011

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Research assignment (3,750 words): 50%

Workload requirements

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


LAW5302 - European Union law and policy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Geert Van Calster Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-gvancalster.htm)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7019

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research essay (5250 words): 70%

Take-home Exam (2250 words): 30%

Workload requirements

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


LAW5303 - Forensic family law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Renata Alexander Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=523&pid=2712)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7022

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (7,000 words): 90%

Class participation and attendance: 10%

Workload requirements

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


LAW5304 - Overview of international human rights law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Heli Askola (1st Offering)
Associate Professor Julie Debeljak (2nd Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Second semester 2019 (On-campus)
  • Trimester 1 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7026

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

OR

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

Workload requirements

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


LAW5305 - International trade law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Justin Malbon Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=17714&pid=4656)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7028

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5306 - Corporate insolvency

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Michael Sloan & Mark Costello

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7031

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (6,750 words): 90%

Class participation: 10%

Workload requirements

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


LAW5307 - Occupational health and safety

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Ms Joanna Betteridge Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-jbetteridge.html)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7037

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

Class participation: 10%

OR

Research assignment (7,000 words): 90%

Class participation: 10%

Workload requirements

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


LAW5310 - Sentencing

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Arie Freiberg

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7043

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

One written assignment (2250 words): 30%

One research assignment (5250 words): 70%

Workload requirements

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


LAW5311 - Takeovers

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

TBA

Quota applies

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

Not offered in 2019

Prerequisites

LLAW5017 or LAW5011, or equivalent

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7045

Synopsis

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

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research paper (3,750 words): 50%

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

Workload requirements

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


LAW5312 - Competition law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

John Duns (1st Offering)
George Raitt (2nd Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

LAW5000 or LAW5080 or LAW5081

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7056

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Class participation: 10%

Research assignment (3750 words): 50%

Take-home examination (3000 words): 40%

Workload requirements

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


LAW5313 - Planning and environmental law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

For students enrolled in a Masters degree, completion of LAW5000 or LAW5081.

Synopsis

The population of metropolitan Melbourne is growing rapidly, passing 5 million in July 2019 and anticipated to grow to more than 8 million by 2050. This is the current size of London and New York. According to the Victorian Government's strategic planning policy Plan Melbourne this growth requires another 1.5 million jobs, 1.6 million homes and a transport network supporting more than 80% increase in utilisation (to 10 million trips per day). This places Melbourne on the path to be a mega city (a population of more than 10 million according the UN Department of Economic and Social Affairs). There are huge technological, economic, social and environmental changes which will impact the future city. Strategic urban planning (such as Plan Melbourne), and legal framework for implementing that planning policy, is critical to delivering a sustainable, liveable, smart and resilient city. Planning policy creates a vision and direction of what we want the city to be, but that vision and directions are often contested, and the implementation of policy must consider a huge range of issues, interests and stakeholders. Important issues such as urban congestion, urban density, transport infrastructure, provision of services (energy, water, telecommunications), housing availability, housing affordability, the location and changing nature of work, urban sprawl, loss of agricultural land and biodiversity, land use change and remediation for former industrial land, protecting cultural heritage, mitigating and adapting to climate change, controlling pollution, waste management and resource recovery, regional and inter-city connections. All of these issues (and more) are played out daily in the planning and environment legal framework.

This unit will focus on how Victorian planning and environment legislation, key institutions, decision-makers and forums for dispute resolution and inquiry, address these complex and challenging issues. The unit will focus on the legal framework for urban planning, development approval, impact assessment, facilitating major projects (including major transport, energy, waste and land use change projects); the role of key decision makers in Victoria including the planning and environment ministers, councils, referral authorities and other government agencies, and forums for dispute resolution and inquiry including the Victorian Civil and Administrative Tribunal, Planning Panels and Advisory Committees.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the key pieces of planning and environment legislation to the assessment and approval of major projects and resolution of disputes and issues associated with the rapid urban growth of our cities with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to foundational aspects of planning and environment law, the balancing of interests of multiple stakeholders and forums for resolving disputes and inquiring into particular projects and planning and environmental issues;
  • Conduct research into legal policy and rules relating to planning and environment law, key strategic planning policies and planning instruments based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to planning and environment law.

Assessment

Research assignment (4,500 words): 60%

Take-home examination (3,000 words): 30%

Seminar presentation 30 mins: 10%

Workload requirements

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


LAW5314 - International environmental law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Geert Van Calster

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 3 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7068

Synopsis

This unit examines the way in which the international community tackles existing and future environmental problems (broadly defined), including new technologies and climate change, as well as hazardous waste disposal, animal welfare, etc. International obligations and Australian domestic obligations in respect of these various environmental issues will be examined, as will the way in which these obligations subsequently penetrate into the national legal order.

An important feature of the unit is to break down the partition between international environmental law and other areas of the law. For instance international climate change law does not operate in insulation from banking and finance; International biodiversity and animal welfare issues have to operate alongside international trade law; The health, environmental and human rights obligations of companies in a corporate social responsibility (CSR) context require insight into transnational litigation, including conflict of laws.

Outcomes

On completion of this students will be able to:

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

Assessment

Research assignment (4500 words): 60%

Take-home exam (3000 words): 40%

Workload requirements

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


LAW5315 - Commercial alternative dispute resolution

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Ms Anne Sutherland Kelly

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Second semester 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7071

Synopsis

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

Outcomes

On completion of this unit students should have:

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

Assessment

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

  2. words) Value: 40%

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

    OR

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

Workload requirements

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


LAW5316 - Trade marks and commercial designations

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

David Brennan

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Second semester 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7075

Synopsis

This unit studies the statutory protection offered by the registered trade marks system, and the common law accorded through the actions of passing off and related torts. The misleading or deceptive conduct provisions of the Australian Consumer Law will be considered insofar as these relate to passing off. So will the impact of the Internet on these areas of law on issues such as use of domain names and keyword advertising. The unit will meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Law (topic group C).

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

OR

Subject to the lecturer's approval

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

Workload requirements

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


LAW5317 - Principles of privacy and freedom of information

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Moira Paterson

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Second semester 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7076

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

Workload requirements

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


LAW5318 - International aspects of intellectual property

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7077

Synopsis

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

Outcomes

On completion of this unit students will be able to

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

Assessment

Research Assignment - outline: 30%

Class presentation: 10%

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

Workload requirements

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


LAW5319 - Law of employee relations

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Richard Naughton (1st and 2nd Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus)
  • Second semester 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7083

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

Class participation: 10%

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

Workload requirements

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


LAW5320 - Local government law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Mr Mark Hayes

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7087

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research paper (3,750 words): 50%

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

Workload requirements

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


LAW5321 - Protecting commercial innovation: Patents and trade secrets

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Ann Monotti

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 3 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7119

Synopsis

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

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

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5322 - Superannuation law and practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7122

Synopsis

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

Outcomes

On completion of this subjects students should be able to:

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

Assessment

Class participation: 10%

Assignment (2,250 words): 30%

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

Workload requirements

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


LAW5323 - Collective labour rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Synopsis

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

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

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (5,250 words): 70%

Short in-class presentation 10%

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

Workload requirements

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


LAW5325 - Defamation law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Sharon Rodrick Research ProfileResearch Profile (http://monash.edu/research/explore/en/persons/sharon-rodrick(db966dc2-11c7-4a52-8686-698806239dd1).html)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7140

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Workload requirements

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


LAW5326 - Comparative European legal systems

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Quota applies

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

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Synopsis

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

Outcomes

Students who successfully complete this unit should:

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

Assessment

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

Assessed essay (3,750 words): 50%

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

Workload requirements

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


LAW5327 - International human rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Malaysia: Assistant Professor Marcus Beham

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7155

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Group presentation:20%

Individual assignment (1500 words):20%

Take home exam:60%

Workload requirements

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


LAW5328 - International business transactions

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Prohibitions

LAW5305Not offered in 2019 International trade law

Synopsis

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

Outcomes

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

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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

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


LAW5330 - International refugee law and practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Mailyn Pittard (Prato)

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Prohibitions

LAW5383Not offered in 2019 - International refugee law and human rights

LAW4164 - International refugee law and practice

Synopsis

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.

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Research assignment (3,750 words): 50%

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

Class participation: 10%

Workload requirements

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

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


LAW5331 - Comparative constitution and rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Quota applies

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

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Prerequisites

LAW5007 Principles of constitutional law or its equivalent

Synopsis

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.

Outcomes

On completion of this subject, students should:

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

Assessment

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

Short paper (1,500 words): 20%

Research assignment (4,500 words): 60%

Participation: 10%

Presentation: 10%

Workload requirements

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


LAW5332 - International commercial arbitration

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Nadirsyah Hosen

Quota applies

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

Unit guides

Offered

Malaysia

  • Term 3 2019 (On-campus block of classes)

Synopsis

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

Outcomes

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

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

Assessment

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

Assessed moot: 50%

Research assignment (3,750 words): 50%

Workload requirements

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


LAW5333 - Comparative criminal law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Quota applies

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

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Notes

The current version refers to the Malaysia offering

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7189

Synopsis

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

Outcomes

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

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5334 - Psychiatry, psychology and law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Annegret Kaempf

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7207

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Workload requirements

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


LAW5335 - Contemporary problems in the administration of criminal justice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7208

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (5,000 words): 70%

Research assignment (2,500 words): 30%

Workload requirements

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


LAW5338 - International humanitarian law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dan Mori City (Melbourne)
Prof Sarah Joseph - Prato

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Prato

  • Term 2 2019 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7218

Synopsis

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

Outcomes

On completion of this unit students will be able to

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

Assessment

Class participation: 10%

Research assignment (3,750 words): 45%

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

Workload requirements

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


LAW5339 - Technology contracts and licensing law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

John Hull

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 4 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7221

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

o Key provisions to be included in licensing contracts;

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

o Effective negotiation tactics.

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

Assessment

Licence drafting and negotiation exercise: 30%

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

Workload requirements

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


LAW5340 - Intellectual property

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

John Gibbs (1st Offering)
John Gibbs (2nd Offering)
John Gibbs (3rd Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Trimester 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7223

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Workload requirements

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


LAW5341 - Trade mark practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Ian Horak

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Summer semester A 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7224

Synopsis

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

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

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

Outcomes

Upon successful completion of this unit, students will:

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

Assessment

Assignment (3,750 words): 50%

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

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

Workload requirements

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


LAW5343 - Privacy and surveillance: Law, policy and governance

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Moira Paterson Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=262&pid=2627)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7246

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Workload requirements

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


LAW5344 - Negotiation: Essential skills for dispute resolution

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Shawn Whelan (1st Offering)
Shawn Whelan (2nd Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)
  • Term 4 2019 (On-campus)

Prohibitions

LAW5464

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7251

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Role play (oral) assessment: 30%

Written negotiation analysis: 20%

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

Workload requirements

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


LAW5345 - Business and human rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Sarah Joseph

Quota applies

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

Not offered in 2019

Prerequisites

LAW5304

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7253

Synopsis

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

Outcomes

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

Assessment

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

Workload requirements

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


LAW5346 - Design law and practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Warwick Rothnie Personal ProfilePersonal Profile (http://law.monash.edu/staff/postgraduate/sess-wrothnie.html)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7254

Synopsis

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

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

Outcomes

Students who have successfully completed this unit will:

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

    iii. the international aspects for protection of designs

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

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

Assessment

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

Research assignment (3,000 words): 40%

Class exercise: 10%

Workload requirements

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


LAW5347 - Consumer policy and regulation

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor David Cousins Personal ProfilePersonal Profile (http://monash.edu/research/people/profiles/profile.html?sid=695377&pid=6494)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7258

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (5,250 words): 70%

Take-home examination: 30%

Workload requirements

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


LAW5348 - Indigenous rights and international law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Stephen Gray

Quota applies

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

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Prerequisites

LAW5304

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7260

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

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

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

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

Assessment

Take home examination (3000 words) 40%

Literature exercise (equivalent to 800 words): 10%

Research essay (4,000 words): 50%

Workload requirements

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


LAW5350 - Principles of taxation

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Ms Mei-Ling Barkoczy (1st and 2nd Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 2 2019 (On-campus)
  • Term 4 2019 (On-campus)

Prerequisites

LAW5000 or LAW5080 or LAW5081

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7276

Synopsis

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

Outcomes

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

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

Assessment

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

Workload requirements

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


LAW5351 - Comparative competition law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor John Duns Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=702&pid=2768)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7278

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5352 - Electronic workplace law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Marilyn Pittard Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=70&pid=2562)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7279

Synopsis

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

This unit covers the following topics:

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

and

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

Research assignment (5,000 words): 65%

or

Research assignment (6,500 words): 85%

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

Workload requirements

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


LAW5353 - Cybercrime

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Jonathan Clough

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 3 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7280

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research paper (3,750 words): 50%

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

Workload requirements

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


LAW5354 - International criminal justice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

TBA

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7286

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Research paper (4,500 words): 60%

Presentation: 10%

Class Participation: 10%

Workload requirements

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


LAW5355 - Advocacy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor The Hon. George Hampel, QC (1st and 2nd Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 2 2019 (On-campus)
  • Trimester 3 2019 (On-campus)

Prerequisites

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

LAW5080

LAW5001

LAW5012

LAW5013

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7303

Synopsis

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

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

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Written case theory (1 page): 10%

Trial performance: 50%

Oral legal argument: 40%

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

Workload requirements

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


LAW5356 - Corporate and white collar crime

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Jonathan Clough Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=629&pid=84)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7304

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research paper (3,750 words): 50%

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

Workload requirements

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


LAW5357 - Corporate governance and directors' duties

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Jennifer Hill

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 4 2019 (On-campus)

Prerequisites

LAW5011 or LAW5016 or LAW5017 (or equivalent)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7306

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research paper (3,750 words): 50%

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

Workload requirements

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


LAW5358 - Current issues in workplace law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 3 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7310

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

or

Research assignment (7,500 words): 100%

Workload requirements

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


LAW5359 - International human rights law and women

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Tania Penovic Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=2453&pid=3210)

Quota applies

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

Not offered in 2019

Prerequisites

LAW5304

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7311

Synopsis

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

Outcomes

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

Assessment

Research paper (3,750 words): 50%

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

OR

Research paper (7,500 words): 100%

Workload requirements

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


LAW5361 - Foundations of regulation: Policy, principles and practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Graeme Hodge

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7313

Synopsis

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

Outcomes

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

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

Assessment

Assessment

Essay (2,250 words): 30%

Research Essay (4,500 words): 60%

Participation (throughout): 10%

Workload requirements

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


LAW5362 - Regulatory methods

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Arie Freiberg Research ProfileResearch Profile (http://www.monash.edu/research/people/profiles/profile.html?sid=7045227&pid=12537)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7315

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

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

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

Assessment

Written essay (1,500 words): 20%

Written essay (6,000 words): 80%

Workload requirements

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


LAW5363 - Regulatory performance: Evaluating what works

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Graeme Hodge Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3194&pid=3378)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7317

Synopsis

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

Outcomes

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

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

Assessment

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

Research assignment (3,375 words): 45%

Class participation: 10%

Workload requirements

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


LAW5364 - Economic, social and cultural rights and international law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Olivier De Schutter Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-odeschutter.html)

Quota applies

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

Not offered in 2019

Prerequisites

LAW5304

Please note that the prerequisite subject can be waived in consultation with the Chief Examiner (please contact sarah.joseph@monash.edu as the CE is an international visitor).

For example, the subject may be waived if the candidate has gained sufficient knowledge through prior learning or experience, or a clear willingness to do adequate reading in advance of this subject.

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7318

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

One essay (6,000 words): 80%

Workload requirements

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


LAW5365 - Terrorism and human rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dan Mori

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7320

Synopsis

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

Outcomes

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

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

Assessment

Research paper (3,750 words): 50%

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

OR

Research paper (7,500 words): 100%

Workload requirements

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


LAW5366 - International banking and finance: Law and practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Emmanuel Laryea Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3575&pid=3458)

Quota applies

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

Not offered in 2019

Prerequisites

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

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7323

Synopsis

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

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

Workload requirements

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


LAW5367 - Energy law, regulation and policy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Ms Rowena Cantley-Smith Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=5658&pid=3787)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7324

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research paper (6,000 words): 80%

Class presentation on major research paper: 20%

Workload requirements

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


LAW5370 - Discrimination law and human rights at work

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Ms Joanna Betteridge

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7327

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

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

Workload requirements

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


LAW5374 - Federal labour law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Marilyn Pittard
Adjunct Professor The Hon Jennifer ActonAdjunct Professor The Hon Jennifer Acton (http://staffsearch.monash.edu/?name=Jennifer+Acton&dept=&staffsearchSubmit=Search)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7338

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

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

Workload requirements

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


LAW5375 - Arbitration of international commercial disputes

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Nick Gallus

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7339

Synopsis

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

Outcomes

The objectives of the unit are to

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

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

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5376 - International criminal law: Procedural and practical aspects

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Mr Joseph Kikonyogo

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7341

Synopsis

On completion of this unit students will be able to:

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

Outcomes

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

Assessment

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

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

In-class presentation: 10%

Workload requirements

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


LAW5380 - International human rights law and development

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Richard Joyce Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=51103&pid=5481)

Quota applies

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

Not offered in 2019

Prerequisites

LAW5304

Please note that the prerequisite subject can be waived in consultation with the Chief Examiner.

For example, the subject may be waived if the candidate has gained sufficient knowledge through prior learning or experience, or a clear willingness to do adequate reading in advance of this subject.

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7416

Synopsis

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

Outcomes

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

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

Assessment

Research paper (6,750 words): 90%

Class participation: 10%

Workload requirements

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


LAW5381 - Human rights advocacy: Australian law and practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Kate Eastman SC Personal ProfilePersonal Profile (https://https://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/sess-keastman)

Quota applies

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

Not offered in 2019

Prerequisites

LAW5007 - Principles of constitutional law

LAW5014 - Principles of administrative law

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7418

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

A 20 minute oral submission:40%

OR

Written assignment of 7,500 words (100%)

Workload requirements

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


LAW5382 - Principles of environmental law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Mr Simon Marsden

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7420

Synopsis

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

Outcomes

A student who completes this unit should:

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

Assessment

Assignment (3,750 words): 50%

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

Workload requirements

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


LAW5383 - International refugee law and human rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Azadeh Dastyari Research ProfileResearch Profile (http://monash.edu/research/explore/en/persons/azadeh-dastyari(034a451d-624c-421c-b76f-13ca801bc1f3).html)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7425

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

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

Workload requirements

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


LAW5384 - International investment law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Emmanuel Laryea

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 4 2019 (On-campus)

Notes

For Malaysia Law discontinuation dates, please see http://www.law.monash.edu/current-students/study-opportunities/overseas-study/malaysia/units/index.html

Previously coded as LAW7427

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

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

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

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5385 - Corporate finance law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Rowan Russell Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-rrussell.html)

Quota applies

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

Not offered in 2019

Prerequisites

LAW5002 and LAW5005 or the equivalent as approved by the Chief Examiner

Prohibitions

LAW4219 and LAW5419

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7430

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5388 - Patenting for commercialisation

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Ann Monotti Research ProfileResearch Profile (http://monash.edu/research/explore/en/persons/ann-monotti(a3f203fe-4158-4b11-a4fb-681a9cf160ac).html)

Quota applies

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

Not offered in 2019

Prohibitions

LAW5321 Patents for inventions

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7433

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

Workload requirements

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


LAW5389 - The law of climate change

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Vanessa Johnston

Quota applies

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

Unit guides

Offered

Malaysia

  • Term 3 2019 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7434

Synopsis

Climate change is among the most daunting problems the world faces in the 21st century. This unit deals with the legal dimension of climate change, paying due regard to its social, political and economic context. The unit will examine the development of national, supranational and international regulation, and explore how public and private actors mobilise instruments from different fields of law to facilitate or to undermine climate change mitigation and adaptation. This subject examines Australia's response to climate change at national and state levels, and compares to examples in foreign jurisdictions in key regions such as the European Union, America, or Asia. Select topical or emerging issues are discussed in detail from areas such as market mechanisms, protection of carbon sinks, clean development, environmental refugees, food security, sustainable development goals etc.

Outcomes

  1. Demonstrate a sound understanding of fundamental aspects of climate law, regarding key climate change bodies, fundamental principles of international climate change law, and the relationship between international, supra-national and national climate change responses;
  2. Critically assess and evaluate the role and contribution of Australian climate change law in the context of regional or national responses to climate change;
  3. Undertake research, investigate, analyse and synthesise complex issues of climate change from a range of primary and secondary materials;
  4. Use cognitive, technical and creative skills to identify issues of climate change law in factual scenarios and to develop complex arguments for the appropriate application of principles of climate change law to address these issues;
  5. Communicate effectively, both orally and in writing, on current issues of climate change law and the application of underlying legal principles in Australia, internationally, or select regions such as the US, Asia, or Europe; and
  6. Reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Assessment

Presentation: 10%

Class participation: 10%

Reflection paper(1,500 words): 20%

Research paper(4,500 words): 60%

Workload requirements

Students will be required to attend 36 hours of classes, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.


LAW5390 - Workplace bargaining and agreements law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Richard Naughton Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-rnaughton.html)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7435

Synopsis

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

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

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

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

Workload requirements

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


LAW5392 - Globalisation and international economic law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Frank Garcia

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Second semester 2019 (On-campus)

Prohibitions

LAW5634 Global Economic Law

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7438

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Class participation: 10%

Short essay (1,500 words): 20%

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

Workload requirements

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


LAW5393 - Law of workforce management

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Joanna Betteridge

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 4 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7441

Synopsis

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

Outcomes

On completion of the units students will be able to:

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

Assessment

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

Class participation: 10%

Research Assignment (3,750 words): 50%

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

Workload requirements

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


LAW5394 - Banking law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Rhys Bollen

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 1 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please seehttp://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7442

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

Research assignment (6,000 words): 80%

Workload requirements

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


LAW5398 - Transnational labour law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Justice Alan Boulton

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7449

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

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

Workload requirements

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


LAW5399 - Personal property securities

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr David Turner Personal ProfilePersonal Profile (http://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/david-turner/)

Quota applies

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

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7450

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Class participation (10%)

One research assignment (6750 words): 90% or

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

Workload requirements

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


LAW5402 - Innovation: Labour, competition and intellectual property law perspectives

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Not offered in 2019

Synopsis

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

Outcomes

On completion of this unit students will be able to:

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

LAW5403 - International covenant on civil and political rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Synopsis

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

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

Outcomes

On completion of this unit students will be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

OR

Research assignment (7500 words): 100%

(subject to the approval of the Chief Examiner)

Workload requirements

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


LAW5404 - Genocide and international law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Elies van Sliedregt Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-e-vansliedregt.html)

Not offered in 2019

Synopsis

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

Outcomes

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

Assessment

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

Research paper (3,750 words): 50%

Workload requirements

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


LAW5407 - Current issues in torts

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Normann Witzleb Research profileResearch profile (http://monash.edu/research/explore/en/persons/normann-witzleb(043dc1a3-2849-4c9b-81fa-afbfc2ee94ab).html)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 3 2019 (On-campus)

Prerequisites

LAW5003 Principles of torts (or equivalent)

Synopsis

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

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

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

Outcomes

On completion of this unit students should be able to:

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5408 - Remedies in commercial disputes

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Normann Witzleb

Quota applies

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

Not offered in 2019

Prerequisites

LAW5003 and LAW5005

Co-requisites

LAW5013 Principles of litigation and dispute resolution.

Synopsis

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

Outcomes

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

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

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5409 - Principles of family law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Associate Professor Adiva Sifris (1st and 2nd offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus)
  • Second semester 2019 (On-campus)

Synopsis

This unit provides students with an understanding of the fundamental principles and concepts in family law and the policies underlying them. It commences with an examination of what is meant by 'family' and the challenges facing family law with the increase in diverse family forms. Included in this discussion are contemporary issues relating the advances in medical technology and the identification of parentage.

Once an understanding of what constitutes 'family' is established, the practice and process of family law including the non-adversarial procedures which have been established to encourage parties to resolve their disputes without the necessity of resorting to litigation are considered. The efficacy and relevance of financial agreements, child support agreements and consent orders are also discussed.

The unit then examine the basic principles relating to the division of property following the relationship breakdown of married couples and de facto couples including same-sex couples. The discussion of the financial aspects on relationship breakdown includes what constitutes property and financial resources as well the approach to the division of superannuation entitlements. The approach of the court to the division and alteration of property interests between the parties and the factors that are taken into account in reaching an outcome are central to this discussion.

The unit also delves into the dynamic and volatile area of disputes surrounding parenting arrangements. Legislation and case law for determining the pathway to suitable parenting arrangements which are in the interests of children are examined. Non-adversarial procedures and parenting plans also form part of the discussion. Criticism of the recent reforms relating to parenting arrangements and potential changes to the legislation are discussed. Issues relating to child support are also briefly dealt with.

Outcomes

On completion of this unit students will have:

  1. acquired an understanding of the fundamental policies underlying the Australian family law system
  2. acquired an understanding of the current challenges and debates surrounding Australian family law
  3. acquired an understanding of the essential concepts of Australian family law
  4. developed a thorough familiarity with the essential provisions of the relevant family law legislation
  5. developed an understanding and be able to analyse and critically comment on a basic property dispute on the breakdown of marriage or a de facto relationship
  6. developed an understanding and be able to analyse and critically comment on a dispute involving parenting arrangements
  7. further developed skills in research, writing, statutory interpretation and legal argument
  8. further developed oral articulation of legal argument during class discussion.

Assessment

Examination (1 hour plus 15 minutes reading time): 50%

Class participation: 10%

Court Report: research, write and critically analyse and evaluate an aspect/s of the court proceedings (in pairs) 30% (2250 words)

Individual reflection on attendance at court and working in pairs (750words): 10%

Workload requirements

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


LAW5410 - Collaborative practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Tania Sourdin Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=51194&pid=4427)

Quota applies

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

Not offered in 2019

Synopsis

This unit provides a comprehensive overview of collaborative dispute resolution, a non-adversarial approach to resolving disputes, whereby the parties, their lawyers and other experts enter into a formal agreement to focus on settlement rather than litigation. If the dispute is not resolved and proceeds to litigation, the lawyers who are engaged in the collaborative process must withdraw. Collaborative law has been practised overseas for many years and has been used in Australia since 2006.

This unit has a practical focus and includes a series of interactive simulation exercises which encourage students to integrate their skills and to become aware of their own personal style as well as the values, attitudes and cultural influences that they bring to the resolution of conflicts. It also encourages students to consider other styles they can access, as appropriate. It assumes some basic understanding of negotiation processes and skills but does not assume any prior legal training or legal knowledge.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to collaborative dispute resolution, with creativity and initiative, to new situations in professional practice.
  • Investigate, analyse and synthesise critical issues and major trends in conflict resolution policy and theory.
  • Conduct research in collaborative dispute resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the importance and diversity of collaborative dispute resolution in society today.

Assessment

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

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

Workload requirements

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


LAW5411 - Advanced mediation: Skills and theory A

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Shawn Whelan

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7475

Synopsis

This unit provides students with an opportunity to learn via practice, the essential negotiation, mediation and communication skills required to become a mediator. Students learn practical skills by participating in a range of conflict scenarios and receive individual feedback on their style and overall performance by highly qualified practitioners. Working with the mediation model, students will learn alternative approaches to deal with varying circumstances and will also investigate theoretical issues and relevant empirical studies in mediation ethics, inter-cultural context, contingent 3rd party interventions, power and empowerment, as well as other topics.

This interactive workshop has been developed to assist students to meet part of the National Mediation Accreditation Standard requirements.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of, the facilitative mediation model and the purpose of each stage in the process, with creativity and initiative, to new situations in professional practice.
  • Demonstrate am ability to explain the different approaches to negotiation and when each might be appropriate.
  • Investigate, analyse and reflect meaningfully on complex information and problems in relation to the facilitative mediation model.
  • Demonstrate a range of skills and techniques in communication, negotiation and mediation.
  • Conduct research in current issues in conflict resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate, at an abstract level, complex ideas and concepts relevant to the facilitative mediation model.

Assessment

Reflective journal that incorporates research, set tasks and daily reflection (2,250 words): 30%

One research assignment (5,250 words): 70%

OR

For students who also enrol in LAW5412 Advanced mediation: Skills and theory B there is the option to combine the research assignments required in each of Mediation A and B (5,250 words each) and undertake one, larger research assignment (10,500 words) that will count across both subjects: 70%

Students should note that the reflective journal incorporating research, set tasks and daily reflection (2,250 words) will still be required to complete the assessment for Advanced mediation: Skills and theory A: 30%

Workload requirements

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


LAW5412 - Advanced mediation: Skills and theory B

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Ms Naomi Burstyner (1st Offering)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 3 2019 (On-campus)

Prerequisites

LAW5411 Advanced mediation: skills and theory A

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7476

Synopsis

This unit builds on the skills developed in LAW5411 and focuses on refining and assessing those skills. It will also develop and extend research work that is focused in the core competency areas. Students will refine their skills by participating in a range of conflict scenarios and will engage in additional ethical issue work. Students will also investigate further ethical and theoretical issues, relevant empirical studies in mediation ethics, inter-cultural contexts, contingent 3rd party interventions and issue of power and empowerment. Students will be provided with individual feedback on their style and overall performance by highly qualified practitioners.

This interactive workshop has been developed to assist students to meet part of the National Mediation Accreditation Standard requirements and provides an opportunity for students to be tested and assessed in accordance with the National Mediation Accreditation Standards.

Outcomes

On completion of this unit students will be able to:

  • Apply advanced knowledge and understanding of the facilitative mediation model and the purpose of each stage in the process, with creativity and initiative, to new situations in professional practice.
  • Demonstrate an ability to explain the different approaches to negotiation and when each might be appropriate.
  • Investigate, analyse and reflect meaningfully on complex information and problems in relation to the facilitative mediation model.
  • Demonstrate a range of skills and techniques in communication, negotiation and mediation.
  • Conduct research in current issues in conflict resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the facilitative mediation model.

Assessment

One research assignment (5,250 words): 70%

Practical exam assesment of mediation (at least 90 minutes) :15%

Oral presentation of research (30 minutes): 15% OR

For students who also enrol in LAW5411 Advanced mediation: Skills and theory A there is the option to combine the research assignments required in each of Mediation A and B (5,250 words each) and undertake one, larger research assignment (10,500 words) that will count across both subjects: 70%

Workload requirements

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


LAW5414 - Public international law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Jean Allain

Quota applies

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

Not offered in 2019

Synopsis

Topics addressed include:

  • theories, history, politics and practice of public international law;
  • the sources of public international law;
  • the relationship between international and national law;
  • the role of the different subjects of public international law;
  • the system of Statehood and territorial sovereignty;
  • jurisdiction, privileges and immunity in public international law;
  • the responsibility of States for internationally wrongful acts;
  • the use of force by States and self-defence;
  • international dispute resolution and the pacific settlement of disputes;
  • key areas of the practice of public international law, and
  • some of the challenges and future developments in public international law.

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

Workload requirements

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

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


LAW5417 - Children's rights in international law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Paula Gerber Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=6920&pid=3907)

Quota applies

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

Not offered in 2019

Synopsis

Securing the rights of children remains a challenge in the 21st century. Children continue to be exploited and abused on a regular basis and the use of child labour and child soldiers continues. In addition, violence against children and the mistreatment of child refugees is a concern in many countries. This unit provides an in-depth analysis of the UN Convention on the Rights of the Child and its implementation around the world. It includes consideration of the historical development of children's rights; the various mechanisms in place in different countries for the implementation of the international norms pertaining to children's rights; the strengths and weaknesses of the UN processes for protecting children's rights, including the state reporting system; policy arguments for and against reform of the international system surrounding children's rights; and specific challenges to the full realisation of children's rights, including economic pressures, political will (or lack thereof) and social and cultural factors.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge of, and understanding of developments in relation to children's rights within the context of international human rights law with creativity and initiative for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and policies in relation to in relation to children's rights within the context of international human rights law;
  • Conduct research in in relation to children's rights within the context of international human rights law based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to children's rights within the context of international human rights law.

Assessment

One research assignment (6,000 words): 80%

Class participation: 10%

Poster presentation: 10%

Workload requirements

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


LAW5418 - Transitional justice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Ronli Sifris Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3785&pid=6392)

Quota applies

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

Not offered in 2019

Synopsis

The term 'transitional justice' refers to the various judicial and non-judicial measures that may be implemented in order to redress a legacy of human rights abuse. Such measures include criminal prosecutions, truth commissions, reparations and different forms of institutional reform.

This unit begins by providing an overview of the concept of transitional justice and the different transitional justice mechanisms in order to provide the theoretical framework for the unit. Following an exploration of the theoretical framework we then begin to engage in a detailed analysis of a number of transitional justice programs in order to gain an in-depth understanding of the operation of transitional justice mechanisms in practice. With respect to each case study we consider: the transitional justice mechanisms which were implemented, the success of the different transitional justice mechanisms, hurdles faced in implementing such mechanisms, criticisms of the implementation, and the interaction between the different mechanisms. Examples of case studies which may be considered as part of this unit are: South Africa's transition from apartheid to democracy, the aftermath of the Rwandan genocide and the relevance of transitional justice in Australia.

Outcomes

On completion of this unit students will be able to:

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

Assessment

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

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

Workload requirements

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

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


LAW5419 - The law of financial transactions

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Quota applies

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

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Prohibitions

LAW5385Not offered in 2019

Synopsis

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

Outcomes

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

  • Creatively apply knowledge and understanding of the basic principles of the law and the practice of corporate finance to new situations for further learning such as those that will be introduced and examined in both the class participation assessments and the written assessments for the unit;
  • 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, including the debt capital markets and solve related questions;
  • Research 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 so as to be able to understand how these markets operate and to be able to assess critically the regulation of these markets; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the international financial transactions in the context of market practice having regard to the legal, contractual, regulatory and taxation regime in Australia, the European markets and to a limited extent, the US market.

Assessment

  1. Presentation and Question and Answer session at a Workshop: 15%
  2. Class participation and written note on an assigned topic: 25%
  3. Research assignment (4500 words): 60%

Workload requirements

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


LAW5420 - Malaysian and Singaporean constitutional systems

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Synopsis

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

Outcomes

Objectives:

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 significant political and legal developments in 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; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to Malaysian and Singaporean constitutional systems.

Assessment

Research assignment (3,750 words): 50%

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

Workload requirements

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


LAW5421 - Managing high conflict personalities in legal disputes

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Mr Bill Eddy Personal ProfilePersonal Profile (http://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/sess-bweddy)

Quota applies

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

Unit guides

Offered

City (Melbourne)

  • Term 4 2019 (On-campus)

Synopsis

This unit focuses on managing personalities in conflict resolution, particularly resolving disputes involving "high-conflict" personalities. The course will help students and practicing professionals recognize personality styles, choose appropriate intervention techniques, and maintain ethical principles while dealing with difficult people professionally and personally. The first part will focus on developing an understanding the dynamics of personality in conflict, especially the impact of "high-conflict" personalities in legal and workplace disputes. The second part addresses how to manage individual clients, two or more parties in disputes, and systems involving many high-conflict parties. Methods will be taught and practiced in role-play exercises, including client counselling, coaching potentially high-conflict employees, coaching potentially high-conflict parties in separation and divorce, mediating high-conflict legal disputes, mediating workplace conflicts (when appropriate), managing high-conflict complainants with government agencies, and system-wide interventions to reduce high-conflict behaviour in organisations.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of high-conflict personality disorders and their common conflict dynamics, the preoccupation for those with high conflict personalities with blaming, as well as brain research theory and methods for creative handling of high-conflict personalities in legal and workplace disputes and applying these initiatives to new situations in professional practice.
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the management of collaborative relationships among professionals in high-conflict cases.
  • Conduct research into high conflict dispute resolution based on knowledge of appropriate research principles and methods.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level, complex ideas relevant to high conflict dispute resolution.
  • Use and understand methods for coaching individual clients to deal with high conflict situations.
  • Analyse high conflict behaviour in court and other types of hearings and processes.

Assessment

One reflective journal that incorporates research, set tasks and daily reflection,

(3,750 words): 50%

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

Workload requirements

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


LAW5422 - Victorian charter of rights and responsibilities

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Kate Eastman SC Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-keastman.html)

Quota applies

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

Not offered in 2019

Prerequisites

LAW5007 Principles of constitutional law and LAW5014 Principles of administrative law

Synopsis

In 2006, Victoria enacted the landmark Charter of Human Rights and Responsibilities Act (2006) ('Charter'), which incorporates civil and political rights into the domestic law of Victoria. The Charter provides a domestic avenue for the resolution of human rights disputes that were previously addressed in a piecemeal fashion under non-human rights specific laws and, on occasion, referred to unenforceable international fora for dispute resolution. This unit focuses on the history, development and operation of the Charter.

Students undertaking this unit will study the history, development and theoretical framework of the Charter within the Victorian, Australian and comparative settings. Students will consider the different structures and mechanisms employed by comparative human rights instruments, and the impact these differences have on the relevance of those instruments to the Charter.

Students will gain a comprehensive understanding of how the Charter operates in Victoria by thoroughly and critically exploring the scope of the rights, the powers to place restrictions on rights, the impact of the Victorian Charter on the development and interpretation of legislation, the impact of the Victorian Charter on public authorities, and the complex relationships that are established between various entities under the Charter. The analytical approach to the material will enable students to contribute to debate about reform of the Charter.

The unit will also develop various skills of students, including statutory interpretation and jurisprudence analysis.

This unit will appeal to all students, particularly those with an interest in human rights, constitutional law, administrative law, social justice and law reform.

Outcomes

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

  1. Apply knowledge and understanding of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Victorian Charter) to hypothetical and real life situations.
  2. Comprehend the similarities and differences to comparative regimes such as those in the UK and the ACT.
  3. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the Victorian Charter.
  4. Contribute to debate about reform of the Victorian Charter
  5. Conduct research on the Victorian Charter based on knowledge of appropriate research principles and methods.
  6. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the Victorian Charter.

Assessment

Option A:

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

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

Option B:

One research assignment (5,625 words): 75%

One take-home examination (1,875 words): 25%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.


LAW5424 - Human trafficking, modern slavery and the law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Jean Allain Personal ProfilePersonal Profile (http://monash.edu/research/explore/en/persons/jean-allain(389680b9-70fc-4476-af94-77c8c5461388).html)

Quota applies

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

Unit guides

Offered

Malaysia

  • Trimester 2 2019 (On-campus block of classes)

Prerequisites

LAW5304

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

Synopsis

This unit examines and evaluates the evolution of the international law response to the global problems of human trafficking and modern slavery. It examines the overlaps between these concepts as well as that of forced labour and servitude. The unit engages and evaluates the various legal regimes both at the international level and within the ASEAN context. It considers and evaluates the human rights implications and tensions of competing 'agendas'; including those of criminal justice, gender, human rights, labour, migration and race.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge of current developments in relation to the legal responses to human trafficking and modern slavery, and their human rights implications in the ASEAN region and beyond.
  2. Evaluate and assess different perspectives from which to analyse and synthesise complex information, problems, concepts and theories in relation to modern slavery and human trafficking, including those of criminal justice, gender, human rights, labour, and migration.
  3. Conduct independent research on issues related to modern slavery and human trafficking based on knowledge of appropriate research principles and methods.
  4. Use technical and creative skills to generate and evaluate, at an abstract level, complex issues related to the problems of human trafficking and modern slavery.
  5. Communicate effectively, both orally and in writing, on current issues of modern slavery and human trafficking the application of principles in ASEAN countries and internationally.

Assessment

Research assignment (4,500 words): 60%

Book/Report review (2,250 words): 30%

Video presentation: 10%

Workload requirements

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


LAW5425 - Current issues in copyright

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

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

Not offered in 2019

Synopsis

Current Issues in Copyright requires no prior copyright knowledge: the introduction to the course will be taught lecture style to provide foundational principles for newcomers to the field and a refresher for those who already have some familiarity with copyright law. The remainder of the unit will be conducted seminar-style. Readings for each topic will be assigned in advance, and students will contribute short position papers in response throughout the semester. Courteous debate probing all sides of the various issues and identification of the underlying assumptions and value judgments will be encouraged.

The unit focuses on topics of current controversy. Topics that have been dealt with in the past include orphan works, large-scale consumer infringement, ISP copyright policing and graduated response laws, user rights and exceptions, the politics of piracy and 'bitroots' activism and anti-circumvention law.

Student input into the development of the curriculum is encouraged. If you wish to propose a particular issue for inclusion within the subject in any given year, please email the lecturer with your suggestion as early as possible.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to national and international copyright law and policy with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to current issues in copyright, relate them to proposals for law reform and critically evaluate their likely impact upon current policy challenges
  • Conduct research into current issues in national and international copyright law and policy based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Current Issues in Copyright.

Assessment

Three short position papers during semester (1500 words each, 3 x 20%): 60%

In-class presentations of position papers (3 x 10%): 30%.

General class participation: 10%

Workload requirements

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


LAW5426 - Regulating business: Enforcement and compliance

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Professor Graeme Hodge
Dr Eric Windholz

Quota applies

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

Not offered in 2019

Synopsis

This unit investigates how and why businesses respond to the multitude of efforts made to influence or 'regulate' their behavior for the social and economic good at the local, national, and global levels by means of government regulation, industry self-regulation and civil society voluntary codes of conduct, labeling and certification schemes. Regulating Business is a practical and interdisciplinary course. It first examines what motivates firms and business people to respond to regulation; and how the internal characteristics and capacities of business firms and people assist them in responding to regulation, including the design of compliance systems. It goes on to examine the influence of different regulatory enforcement strategies and styles on compliance and how regulation and responses to regulation emerge from regulators' and businesses' interactions with their broader social, economic and political environments.

Outcomes

Upon completion of this unit students will be able to:

  • Apply knowledge of, and understanding of business regulation enforcement mechanisms and compliance responses with creativity and initiative to new situations in professional practice
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to business regulation enforcement and compliance and to critically evaluate the effectiveness of different regulatory enforcement mechanisms and styles on compliance responses in their social, economic and political environment.
  • Conduct research into relevant domestic and international regulatory studies scholarship on how to design and implement effective and legitimate business regulation enforcement and compliance based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to business regulation, enforcement and compliance.

Assessment

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

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

Workload requirements

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


LAW5428 - Health law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Chief examiner(s)

Dr Ronli Sifris Research ProfileResearch Profile (http://monash.edu/research/explore/en/persons/ronli-sifris(767f0f24-cb71-4859-a944-495a5067785f).html)

Quota applies

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

Not offered in 2019

Synopsis

This unit provides a comprehensive introduction to, as well as critical analysis of, key issues in the study of health regulation, case law and policy in Australia. Topics covered in the unit may include introduction to the regulatory framework of the Australian health system; public health law; the law of consent to, and refusal of, medical treatment; access to, privacy and confidentiality of medical records; abortion; regulation of assisted reproductive technologies; regulation of human biological materials (organs, blood, tissue); regulation of (emerging) health technologies; crime and healthcare; patient redress and quality and safety in healthcare. The contemporary nature of the unit means its content will change from time to time, as will the emphasis placed on certain topics.

Outcomes

Upon completion of this unit, students should:

  1. have a good understanding of key aspects of the regulatory framework of the Australian health system;
  2. understand key aspects of health regulation, case law and policy;
  3. be able to analyse and critically comment on a number of specific challenges and current areas of debate in health regulation, case law and policy;
  4. be able to critically evaluate the strengths and weaknesses of key areas in health law;
  5. be able to understand, evaluate and apply policy arguments for and against reform of key areas in health law;
  6. be able to identify or find the relevant principles, regulation and case law and apply them to resolve issues that arise in health law;
  7. further develop legal research, writing, and legal argument skills in the area of health law; and
  8. further develop oral skills in legal argumentation in class discussions.

Assessment

  1. Take-home examination (3,750 words): 50%
  2. Class participation: 10%
  3. Group video presentation: 20%
  4. Individual reflection and analysis of video presentation (1,500 words): 20%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5429 - Advanced commercial negotiation skills

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Mr Nick Gallus

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7493

Synopsis

This unit is designed for students with existing knowledge and experience of negotiation, although no specific units have been set as pre-requisites. It focuses on negotiations for contracts and for the resolution of commercial disputes, although many of the concepts and skills are also relevant to other negotiations. Topics covered include strategy and tactics for specific types of negotiation, and the impact of cognitive biases, culture, and the law. The unit will be interactive and will explore issues and develop skills using role-plays, simulations, class discussions, interactive lectures, and guest presenters.

Outcomes

On completion of this unit students will be able to:

  • Apply advanced knowledge and understanding of negotiation in commercial contexts and advanced skills for dealing with challenges in commercial negotiations with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to advanced commercial negotiation;
  • Conduct research in advanced commercial negotiation based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex critical issues and major trends in the theory and practice of commercial negotiation.

Assessment

Class presentation - 10%

Research paper (3000 words) - 40%

Take home exam (3750 words) - 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5430 - Advanced evidence and proof in litigation

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Ms Nicole Mollard Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-nmollard.html) Trimester 1 and Term 4

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (On-campus)
  • Term 4 2019 (On-campus)

Prerequisites

LAW5012 Principles of evidence or equivalent.

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7494

Synopsis

Students will learn advanced evidence skills in the trial context, in particular, practical skills of factual analysis, reasoning, methods of analysing and marshalling evidence and problem-solving, and constructing, criticising & evaluating complex arguments. The syllabus will cover: advanced research, analysis and practical application in the trial context of a selection of some of the more complex and contested rules of evidence; where skills of analysis for proof & argument are required in litigation; methods, formats and uses for chronologies; how to argue from and about evidence; developing a case theory and matching evidence to the theory; and mapping arguments to support case theory and evidence. The class will include examination of case studies which will be used to emphasise the transferable nature of the skills of factual analysis and argument taught in the unit across all areas of law.

Outcomes

On completion of this unit, students will be able to:

  1. Apply knowledge of, and understanding of advanced methodologies for investigation and case analysis, trial preparation, proof and argument at trial with creativity and initiative to new situations in professional practice
  2. Investigate, analyse and synthesise methods of factual proof according to some of the more complex and contested issues of evidence law applicable in Victoria
  3. Conduct applied research to identify and evaluate practical difficulties in the gathering and presentation of evidence and evidentiary argument in Victorian courts based on knowledge of appropriate research principles and methods
  4. Creatively generate and evaluate at an abstract level complex ideas and concepts relevant to evidence and proof in litigation, including how miscarriages of justice can be prevented by proper analysis and preparation.

Assessment

Online quizzes (20%)

Class Presentation (20%)

Assignment (60%)

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.


LAW5431 - International entertainment law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Geoffrey Scott Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-gscott.html)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Second semester 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7495

Synopsis

The contemporary entertainment lawyer must possess a core competence in intellectual property, contracts and licensing, negotiation strategies, business organization, commercial transactions, and international and comparative law as well as familiarity with a host of other topics. This course is designed to consider the fundamental substantive issues found in international entertainment law, including the impact of myriad domestic and global regimes implicated in the study, and to arm the participant with the knowledge and skills necessary to embark upon a practice in the subject area.

The topics considered in the course include but are not limited to: rights of image of celebrities; intellectual property assets and the cross-border acquisition of rights; the effect of established and emerging multi-media platforms on entertainment products and services; the employment of extra-territorial talent; the authority of talent guilds over foreign performers and performances; international financing of motion pictures and sound recordings; barriers created by copyright and international trade law to cross-border distribution of recordings, videos, books and magazines; issues related to exhibition, performance and sale of entertainment, such as domestic content requirements, regulation of offensive content, international piracy, and the cross-border collection of music and movie royalties; and the structure of entertainment contracts of various sorts. Since the topic is global and is significantly affected by diverse cultural and economic influences and experiences, the laws and perspectives of a breadth of countries, including but not limited to Australia, the United States, the United Kingdom, Canada, Japan, Germany, and France will be considered.

This course is appropriate for both generalists seeking an introduction to the subject as well as specialists who desire to consider advanced topics. This course is appropriate for both generalists seeking an introduction to the subject as well as specialists who desire to consider advanced topics.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to fundamental issues in international entertainment law with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the law, policies and traditions of Australia and other various other countries of the world that influence the recognition, development, promotion and protection of interests in entertainment products, services and personalities;
  • Conduct research in international entertainment law based on knowledge of appropriate research principle and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international entertainment law.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.


LAW5432 - Workplace investigations and misconduct

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Ms Joanna Betteridge Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-jbetteridge.html)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7496

Synopsis

This unit explores the legal framework for workplace investigations in the private and public sectors in Australia and the role and significance of such investigations for discipline, job security, worker and workplace safety, compliance with laws and employment relations. Conducting an investigation in accordance with employment and administrative laws will be analysed; and the rights and obligations of employers, employees, witnesses and decision makers will be explored. Topics covered will include investigations into employee misconduct in the public and private sectors - legal issues; conducting workplace investigations of misconduct of employees; review of Federal and State legislative proposals concerning bullying and internal investigations; and the role of other bodies including the Fair Work Commission and the Fair Work Ombudsman, the Australian Human Rights Commission and the Victorian Equal Opportunity and Human Rights Commission, in investigating employee misconduct.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the legal framework for workplace investigations and the sources of the power to undertake investigations of employees' misconduct in the workplace, both in the public sector and private sector with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the process of workplace investigations including the nature of the investigating body and its powers, the right of representation, relation of the investigation to civil and criminal proceedings, and evidentiary and natural justice issues;
  • Conduct research into the impact of legislation relating to privacy and the retention of, and access to, records and the investigator's report, and the effect of legal professional privilege based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the impact of legislative developments in unfair dismissal and general protections to employees, and bullying in particular under the Fair Work Act 2009 (Cth) and the role of institutions such as the Fair Work Commission in workplace misconduct.

Assessment

Research assignment (3,000 words): 40%

Take-home examination (3,750 words): 50%

Class participation: 10%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5433 - Victims, law and mass atrocity

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Mr Mark Drumbl Personal ProfilePersonal Profile (http://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/mark-drumbl/)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7497

Synopsis

This unit focuses on the victims of mass atrocity. After assessing the meaning of victimization, the unit focuses on what justice means to victims, differentiating between retributive, expressive and restorative justice and exploring the tensions that may inhere between various communities of victims. It also provides detailed analysis of the variety of post-conflict accountability mechanisms: trials, truth commissions, civil proceedings, amnesty, customary dispute resolution, and reparations. It also covers the law and jurisprudence of the International Criminal Court, and other international tribunals, in terms of victim participation in criminal proceedings, victim reparations, and victim damage claims. In addition, it will include case studies and discussion of how disempowered groups become enmeshed as agents of violence during episodes of mass atrocity.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in international criminal and human rights law with creativity and initiative to further learning in relation to victim's rights, accountability for atrocity, and criminological understandings of human agency in times of political violence with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in international criminal law and human rights law, in particular, with reference to feminist theory, ethnographic method, neuroscience, victimology, and other interdisciplinary perspectives;
  • Conduct research into the complex statutory scheme based on knowledge of appropriate research principles and methods concerning the needs, conduct, goals, responsibilities, and ambitions of victims of human rights abuses so as to create new understandings of key developments, likely future directions and current and emerging problems, including the vastly underappreciated reality that, during episodes of massive political violence, victims may come to victimise others.
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the study of victims of human rights abuses.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5434 - Principles of government law and administration

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Matthew Groves Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3928&pid=3523)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Prerequisites

JD students will be expected to have completed or be enrolled in LAW5014 Principles of administrative law. Other students should have knowledge of or experience in government decision making.

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html.

Previously coded as LAW7498

Synopsis

Government is much more than law. This unit examines the legal, policy and ethical issues affecting government at the federal, state and local council levels. This course will enable students and practicing officials to understand how governments and their administrative processes are structured, how the legal operation of government is affected by Westminster principles, oversight bodies and public sector ethics and how government is changing.

The first part of the course will focus on understanding the legal framework of government, with particular attention to parliamentary and ministerial oversight of government decision making. This part of the unit will build upon and advance the knowledge of students who have studied administrative law. For those who have not, it will provide a legal and theoretical framework to locate and strengthen their professional knowledge. One theme of this part of the course is the difference between law and politics. How independent can and should government officials be from politicians? How can government officials balance the often competing requirements of legal and political accountability? When and how can politicians properly direct or influence government officials, particularly those appointed to independent positions? Another theme of this part of the course is the requirements of sound decision making. What makes a sound decision? What are best practice models of decision making? How can reasons for decisions be drafted and defended?

The second part of this course will address the avenues of accountability and oversight outside the courts. Attention will be given to modern theories suggesting that there is now a 'fourth' arm of government, which takes in the so-called integrity bodies such as Ombudsmen, Auditors-General and anti-corruption agencies.

The third part of this course will examine public sector ethics - the guiding principles to which all public officials are subject. Consideration will be given to the separate and complimentary function of public sector values. What are the special ethical rules and values of the public sector? How much of these values are formal or written? How do we manage conflicts between normal workplace pressures and the unique problems of government such as political pressure? This part of the course will draw heavily on the experience of students and guest speakers for discussion and problem solving.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of fundamental issues in public law, administration and government decision making, together with the framework of legal, political and ethical principles that affects government and the related principles of parliamentary supervision, with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to public law, administration and government decision making;
  • Conduct research into public law, administration and decision making, using comparative perspectives from legal and non-legal approaches to assess government action, and communicating effectively and persuasively to specialist or non-specialist audiences and peers, based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to government law and administration.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5435 - Comparative perspectives on crime and punishment

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7516

Synopsis

All societies grapple with the issues of ensuring compliance with criminal laws, establishing appropriate forms of punishment, and implementing those punishments in acceptable and effective ways. This unit focuses on theories, institutions and processes relating to the legal system's response to breaches of the criminal law, in a range of comparative jurisdictions. Students will examine theories of punishment, approaches to and options for sentencing, contributions being made in various jurisdictions by therapeutic jurisprudence and restorative justice, and different approaches to the use of imprisonment. Students will also examine the operation and management of imprisonment in a range of jurisdictions, including issues of discipline, drug use, gender and ethnicity, and human rights.

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to, crime, sentencing and punishment in local and global contexts with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to crime, sentencing and punishment and critically evaluate the effectiveness of different forms of punishment in a comparative context;
  • conduct research on theories of punishment, the enforcement of laws and the imposition of punishment based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to crime, sentencing and punishment.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5436 - International and comparative family law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Associate Professor Normann Witzleb Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=13449&pid=4408)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7536

Synopsis

This course begins with comparative approaches to a range of legal traditions in which family law is idiosyncratically situated. Topical issues touching on how domestic law interacts with legal diversity in family law will be canvassed. Particular emphasis will be placed on the interactions between religiously-governed family law and secular state law.

From the comparative law perspective, the course will progress to a consideration of the ways in which Immigration and Refugee Law interacts with domestic family law and family law policy.

The seminar will then progress to an examination of the traditional common law conflict of law principles that touch on family law matters, including jurisdiction and recognition and international enforcement of foreign family law orders. Consideration will then be given to the modification of the common law regime by treaty and legislation, including the various Hague Conventions that apply to family law issues. Further attention will be given to the United Nations Convention on the Rights of the Child as well as other human rights treaties. Each regime will be considered in the context of its impact upon domestic legal issues.

The six main area of family law will be examined through the lenses of comparative and international law, including marriage, divorce, matrimonial property, adoption, custody, and support.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of recent developments in international and comparative family law with creativity and initiative to new situations in professional practice and/or further learning;
  2. investigate, analyse and synthesize complex information, problems, concepts and theories in relation to a range of legal traditions within which family law is situated;
  3. conduct research into the impact of both private and public international law on domestic family law issues as well other into other issues of comparative family law, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate complex ideas and concepts relevant to international and comparative family law including an awareness of links to immigration and refugee law, domestic family law and family law policy.

Assessment

The students will complete four (1,875 words) critical analysis papers. Each paper will be worth 25% of the overall unit grade.

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5437 - China's legal system

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Weiping He

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7540

Synopsis

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 politicized and where this is considered proper.

Classes will, where possible, use reports, journal articles or cases as a basis for analysis and discussion.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of fundamental issues in Chinese law with creativity and initiative to new situations in professional practice;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Chinese law and policy using a comparative perspective;
  • Conduct research into the Chinese legal system to create new understandings of key developments, likely future directions and current and emerging problems based on knowledge of appropriate research principles and methods;
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the Chinese legal system effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

Class Participation: 10%

Research assignment (3,750 words): 50%

Take-home exam (3,000 words) : 40%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5438 - Current issues in sports law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Mr Paul Czarnota Personal ProfilePersonal Profile (http://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/sess-p-czarnota)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Prerequisites

None, however relevant background experience in sports or knowledge of contract law and/or administrative law would be beneficial.

Synopsis

This unit will explore various contemporary, evolving legal issues in the field of "sports law". It will provide students with an overview, appreciation and critical evaluation of the ways in which sport and the law interact, and often collide with each other. It will also provide students with an opportunity to explore the application of several traditional areas of the law in novel circumstances uniquely offered by the sporting context. Where appropriate, the unit will explore the social, political, commercial and economic objectives and influences on the law and its application to the sporting industry, and (given the increasing globalisation of sports law) will provide various avenues of comparative analysis across different jurisdictions and in the international law sphere.

The selected "sports law" areas to be taught are numerous and can include (subject to topicality and lecturer/student/faculty interest) any one or more of the following:

  1. introduction to "sports law" including examining the role and relationship between sport and the law, sport as a business, and the role of sport in society;
  2. international Sports Dispute Resolution;
  3. anti-doping law;
  4. sports competition law;
  5. significant issues in sports employment Law;
  6. athlete selection and discipline;
  7. discrimination and vilification in sport;
  8. "Sports Tort law";
  9. the "Field of Play" doctrine;
  10. athlete privacy and publicity rights; and
  11. match-fixing.

Outcomes

On completion of this unit, students should be able to:

  1. apply their knowledge of fundamental issues in "sports law" to sports-related disputes, situations and cases;
  2. explain the distinctive features, structure and operation of the sporting industry, and the impact of these elements on the development and content of "sports law";
  3. compare and contrast the underlying objectives and principles of "sports law", including the ways in which the law seeks to balance the competing rights and interests of different stakeholders;
  4. critically evaluate, integrate and apply abstract concepts, theories and problems in "sports law";
  5. articulate contemporary developments in the law and practice of "sports law" as well as an insight into the future direction of the law;
  6. research independently, synthesise and analyse issues relating to the legal governance of sports and the current and emerging problems of "sports law"; and
  7. interpret and communicate ideas and arguments relating to "sports law" to a variety of audiences.

Assessment

Class Participation:10%

Research Paper (3750 words):50%

Sports Law Arbitration:40%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

In addition, students will be required to undertake independent study for class preparation, assignment preparation and revision and preparation time of written arguments for the Sports Law Arbitration, as well as independent research and writing for the research paper.


LAW5439 - Sexual and gender minorities and human rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Associate Professor Paula Gerber Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=6920&pid=3907)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Synopsis

This unit explores a range of controversial developments in the laws relating to sexual minorities around the world, and evaluates them, using international human rights norms, in order to enhance students' understanding of the way in which international law protects and promotes the human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people. Students will analyse contemporary issues such as same-sex marriage/relationship recognition, criminalisation of homosexuality, anti-discrimination laws, hate-based violence 'gay propaganda' prohibitions. Students will critique the work on the UN in this field and consider cultural relativisms arguments before examining what, if any, reforms might be necessary to better protect the rights of LGBTI persons.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of international human rights law in relation to sexual minorities with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesize complex information, problems, concepts and theories in relation to international, regional and local approaches to the rights of sexual minorities;
  3. analyse the effectiveness of international human rights law in protecting and promoting the rights of sexual minorities;
  4. critically evaluate cultural relativist arguments against respecting the rights of sexual minorities in certain parts of the world;
  5. conduct research in relation to sexual minorities based on knowledge of appropriate research principle and methods; and
  6. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to sexual minorities.

Assessment

Research assignment (6,000 words): 80%

Poster presentation: 10%

Class participation: 10%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5440 - International commercial dispute resolution advocacy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Ms Naomi Burstyner Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-naomi-burstyner.html)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Prerequisites

Completion of any of the following units is advantageous:

LAW5411, LAW5429Not offered in 2019, LAW5344 and/or LAW5410Not offered in 2019

Synopsis

The unit is structured around preparing award students to compete in the International Chambers of Commerce (ICC) Mediation Competition (ICC Competition), a prestigious, international competition which attracts teams from renowned law and business schools as well as many of the world's leading mediators . As such, the unit has a strong focus on mediation advocacy performance, including aspects such as team work, strategy, tactics, agility and flexibility in the unpredictable moment-to-moment reality of commercial negotiation.

While the ICC Competition provides a focus, the unit provides a highly relevant and entirely transferable skill set for legal practitioners and for any professional wanting to strengthen their effectiveness in commercial negotiation. The unit is designed to give students practical skills in the area of commercial negotiation advocacy, in the context of the increasing use of alternative dispute resolution in all jurisdictions.

The unit will focus on interest-based negotiation and advocacy skills in the context of commercial, including cross-border, disputes. The unit examines the theory and practice of mediation and negotiation as dispute resolution processes, using the Harvard model of principled (interest-based) negotiation. The focus of the unit is effective negotiation advocacy and collaborative problem-solving to progress towards settlement, using theory sessions, role plays and interactive exercises.Please note that not all students enrolled in the unit will compete in the ICC Competition. Following the completion of the unit, a group of up to four competitors will be selected from those students enrolled in this unit as award students, to represent Monash University in the ICC Competition to be held in Paris in February 2016.. For more information about the ICC Competition, please see this link: http://www.iccwbo.org/training-and-events/competitions-and-awards/mediation-competition/information-about-past-competitions/

Outcomes

On successful completion of this unit, students will:

  • have a comprehensive understanding of commercial negotiation strategies and approaches;
  • possess a sound understanding of, and have gained some practical experience in the practice of interest-based negotiation within a mediation process;
  • be able to explain and respond to theoretical and practical issues raised by clients in commercial mediation and alternative dispute resolution settings; and
  • have the opportunity to be selected to represent Monash University at the ICC Mediation Competition.

Assessment

Written mediation plans (3000 words): 40%

Participation in simulated mediation exercises (assessed in class): 60%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).


LAW5441 - Australian tax policy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Kathryn James Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3425&pid=7143)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Synopsis

The primary function of taxation - to raise revenue to finance the operation of the state - gives rise to many issues which speak to the nature of our economic, social and political system. Although these issues are common across modern liberal democracies, this subject focuses on the way these issues are treated in contemporary Australia. Key issues include:

  1. the role of taxation in the market economy;
  2. who should and does bear the burden of taxation in Australia?
  3. what bases should be taxed - income, consumption, wealth/resources?
  4. what is the role of taxation in achieving outcomes beyond revenue raising including the role of taxation in the redistribution of resources and the use of tax expenditures to achieve various social, economic and political outcomes?
  5. what is the link between the Australian tax and transfer system or, more specifically, the link between taxation and spending in the modern Australian welfare state?
  6. what is the political influence of individuals and groups in shaping tax policy and legal outcomes in Australia?
  7. how does the constitutional and institutional configuration of the Australian state influence tax laws? The subject covers a wide variety of disciplines relevant to the analysis of tax laws including economics, politics and philosophy. It refines skills of policy analysis to critically engage with current trends in Australian tax law and policy.

Outcomes

Upon completion of this unit, students should:

  1. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to tax policy in Australia from a range of policy and disciplinary perspectives including law, economics, politics and philosophy so as to:
    1. critically evaluate the role of taxation in the modern Australian state and within a market economy including the manner in which key norms and values such as equity, efficiency and justice influence the tax policy debate;
    2. 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);
  2. apply knowledge and understanding of recent developments in Australian tax policy with creativity and initiative to new situations in the practical administration of Australian tax laws. Refine skills of policy analysis to interpret, synthesise and critically evaluate legislative provisions and case law from a broader policy perspective;
  3. conduct research in tax policy based on knowledge of appropriate research principle and methods; and
  4. use cognitive, technical, creative and collaborative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Australian tax law and policy in both oral and written form.

Assessment

Class participation: 10%

One research assignment (3,250 words): 40%

One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).


LAW5443 - Language, communication and legal process

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

The Hon Professor Peter R A Gray AM Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-peter-gray.html)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Synopsis

Legal process depends on language, oral and written. This unit focuses on the role and the effectiveness of language in the legal process.

Topics studied include:

  • the history and complexity of legal language;
  • language in statutes, contracts and other instruments and its interpretation;

the plain language movement;

  • the importance of language in investigation and preparation (police cautions and interviews, lawyer interviews, preparation of witness statements and affidavits);
  • language in courtroom and other proceedings (examination of witnesses;
  • communication with juries, oral and written submissions);
  • language in mediation;
  • communication with people without English or with low competency in English (interpreters, unrepresented litigants, cross-cultural communication, Aboriginal people, children); and
  • linguists as experts (authorship identification, voice recognition, phonetics, language identity, suicide notes and ransom notes etc, trade marks).

Outcomes

On completion of this course, students will:

  1. apply knowledge and understanding of the way in which legal language has developed, and of current developments, and use that knowledge and understanding creatively and with initiative in a variety of legal processes and work settings;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to approaches to statutory construction and in relation to other forms of legal communication, such as interviews, transcripts, evidence, affidavits and arguments;
  3. evaluate critically the effectiveness of different forms of legal communication and language in varied adversarial and non-adversarial settings, including courts, tribunals and mediations, and with interpreters, non-standard English speakers and expert witnesses;
  4. recognise and evaluate critically issues of communication in judges' direction to juries, questioning of witnesses and oral and written arguments;
  5. conduct research and present original work in relation to legal language and communication based on knowledge of appropriate research principles; and
  6. use cognitive, technical and creative skills to generate and evaluate at an abstract level, and at a high level of competence, complex ideas and concepts relevant to legal language and methods, particularly in relation to: effective interviews of clients and witnesses; witness statements and affidavits; oral arguments; communications with unrepresented litigants; cross-cultural communication; vulnerable people in the legal process, including Aboriginal people and children; and the techniques and reasoning used in expert linguistic evidence.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5444 - Advanced commercial contracts masterclass

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Prerequisites

For JD students: LAW5002 & LAW5005

Synopsis

Students will analyse issues in a range of specialised contracts such as franchise agreements, licence agreements, finance agreements, and/or construction contracts, with an emphasis on practical drafting techniques. They will also examine contemporary issues in contract law, such as recent developments in the rule relating to penalties, and treatment of dispute resolution clauses. Given the importance of global trade, the unit will also provide insight into international contractual dealings, including international laws and principles relating to cross-border commercial sales and other transactions, and evaluate how these affect contractual dealings. These will also provide the background to the current shape of contract law and its application in practice, as well as a providing a basis for critical analysis of the law.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge of, and understanding of specialized types of contracts and cross-border transactions with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international commercial contracts and specialized types of contracts;
  • conduct research in specialist and international commercial contracts based on knowledge of appropriate research principles and methods;
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to cross-border commercial transactions and specialized types of contracts.

Assessment

Attendance: 10%

Three assignments (2,250 words each) including at least two practical drafting exercises:

90%

Workload requirements

24 contact hours per teaching period (either intensive, semi intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5445 - Commercial equity

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Susan Barkehall Thomas Research ProfileResearch Profile (http://monash.edu/research/explore/en/persons/susan-barkehall-thomas(7ae649a2-cec0-432d-815a-59422eb3bc11).html)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Prerequisites

LAW5008 (or equivalent)

Synopsis

This unit will build upon the study of Equity in undergraduate and JD programs. Complex issues which are not covered in these units will be explored at an advanced level and topics will be drawn from a selection of the principal areas of equitable causes of action and remedies. The selection of issues will incorporate comparative aspects where relevant and may include contemporary complex and controversial developments in Australian jurisprudence.

Topics covered may vary, depending on topicality, and lecturer and student interest in a given year. They are likely to include some or all of the following:

fiduciary obligations of company directors, fiduciary liability for non-disclosure, agency, subrogation, the interaction between equity and restitution law in Australia, the equitable liability of banks, the fusion of law and equity, proportionate liability for equitable wrongdoing, and equitable personal and proprietary remedies.

Outcomes

On completion of this unit students should be able to:

  1. demonstrate and apply specialised knowledge of a range of controversies in the commercial field of equity;
  2. demonstrate advanced skills in interpreting equity cases, academic commentary and relevant legislation and applying them to evaluate complex commercial equity issues;
  3. critically evaluate the effectiveness of equitable remedies;
  4. understand, evaluate and apply policy arguments for and against reform of Australian equity doctrines and remedies;
  5. conduct independent research into relevant Australian and international materials on contemporary equity issues; and
  6. write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of commercial-focused equity issues.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5447 - Intellectual property and the internet

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Mr Chris Doidge Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-cdoidge.html)

Not offered in 2019

Prerequisites

This unit focusses on the more advanced issues arising in this area and assumes that students will have a background in intellectual property, either through formal study at a graduate or undergraduate level or through practical experience.

Synopsis

This unit examines in detail a range of existing and emerging intellectual property issues associated with the use of the internet for domestic and commercial transactions. It will examine the particular problems of extending existing law to accommodate the digital environment and review proposals for reform. The topics covered include copyright, domain names, trade marks, passing off and patents. Given the global nature of the internet, these issues will be looked at from the domestic and international perspectives.

Outcomes

  • apply knowledge and understanding of recent developments in relation to intellectual property issues to which the Internet gives rise with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Internet-related aspects of intellectual property law;
  • conduct research in Internet-related aspects of intellectual property law based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Internet-related aspects of intellectual property law.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5448 - Copyright X: US and international copyright law and theory

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Trimester 1: George Raitt

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Trimester 1 2019 (Online)

Synopsis

US and International Copyright Law and Theory is based on materials developed by William Fisher for CopyrightX at Harvard Law School. Online lectures are recorded by Professor Fisher, and weekly seminars are conducted at Monash. Students in this course will have an opportunity to participate in online discussions of copyright-related issues. Students who successfully complete the unit will also be eligible to receive a certificate of completion from Harvard. The unit explores US copyright law and the ongoing debates about how the law should be reformed. The unit will cover:

  1. theory - the arguments, drawn primarily from economics, political theory, and philosophy, concerning why and how the law should regulate uses of expressive materials;
  2. doctrine - the rules currently in force concerning uses of expressive materials and the ways in which those rules are typically interpreted and applied; and
  3. practice - how those rules affect various fields of art, industry, and culture, including literature, music, film, photography, journalism, software design, architecture, fashion, comedy and games.

Outcomes

Upon completion of this unit, students should:

  1. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to IP law from a comparative perspective. Students will gain insights and the capacity to critique the law and its underlying policies by drawing upon economics, political theory, and philosophy, concerning why and how the law should regulate uses of expressive materials.
  2. Students should be enabled to:
    1. critically evaluate the role of intellectual property in the US and internationally within a market economy including the manner in which key norms and values such as equity, efficiency and justice influence the policy debate; and
    2. critically assess the impact of key IP policy choices.
  3. Apply knowledge and understanding of recent developments in US and international policy with creativity and initiative to new situations in the practical administration of the law. Refine skills of policy analysis to interpret, synthesise and critically evaluate legislative provisions and case law from a broader policy perspective.
  4. Conduct research in IP policy based on knowledge of appropriate research principle and methods.
  5. Use cognitive, technical, creative and collaborative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to US IP law and policy in both oral and written form.

Assessment

  1. Take home exam 1: 50%
  2. Take home exam 2: 40%
  3. On-line class attendance and participation: 10%

    Both of the take-home exams will contain the same exam questions that are undertaken by the Harvard law students. The first take home exam deals with what could be described as 'black letter' law or doctrinal issues relating to US and international copyright. The second take home exam deals with the differing and inter-related rationales for copyright and the reasons how and why those rationales affect the past, current and future copyright laws. Those rationales including natural rights, personality rights, utilitarian perspectives and cultural theory.

Workload requirements

Students are required to watch and listen to lectures provided on-line by Professor Fisher. These lectures consist of 12 separate topics and the lectures relating to each topic are a little over 60 minutes per topic. In addition, there are related readings to be undertaken, as is the case with 'standard' face to face lectures.

The Monash component of the teaching will consist of consideration of relevant lecture topics, hypothetical problems or questions dealing with the unit content and opportunities for clarification and comment on the unit content. In order to be eligible for a certificate of completion of Copyright X from Harvard, students must meet minimum attendance and participation requirements.

At least 24 hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).


LAW5449 - Advanced administrative law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Matthew Groves Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3928&pid=3523)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Prerequisites

LAW5014

Synopsis

Administrative law determines what governments can and cannot do. It is a dynamic and rapidly changing area of law and practice. This unit will enable students to understand key issues affecting contemporary administrative law, how and why the law is changing, and what those changes might bring.

The unit will cover three key contemporary questions in administrative law. The first is whether and how public law does and should take account of commercial issues. This part of the course will ask whether administrative law remedies such as judicial review should apply to private sector bodies that perform "quasi-public" functions. It will also consider whether judicial review and other administrative law remedies should apply, or be modified, to government decisions that could be regulated by other commercial law principles. Should judicial review apply to government tendering decisions? Are notions of "commercial in confidence" a sound reason to withhold details about government contracts from the public? Should companies have standing in administrative law to challenge government decisions which benefit competing companies?

The second key issue the course will consider is whether the courts are always the best forum to challenge government decisions. Public law remedies traditionally involve one party who challenges a single decision, but many decisions are "polycentric" because they raise many issues and affect many people. This part of course will examine those "polycentric decisions", such as planning and revenue decisions, and consider why some decisions are less suited for review by courts and tribunals than are other decisions that are not polycentric (or, at least not polycentric to such an extent). It will also compare the position in Australia with that in England where the courts have developed legal principles to regulate public consultation.

The third issue the course will consider concerns national security - how, when and why issues of national security can affect administrative law review? This problem has emerged as governments in Australia and other common law jurisdictions have sought to limit the rights of people to challenge decisions, or receive information, in cases involving national security. This part of the course will examine those decisions in Australia where normal rights of review by the courts or tribunals are limited for reasons of national security. This part of the course will also consider when and how the Australian Constitution might require a minimum level of fairness in such cases.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of important contemporary issues in administrative law and government decision making, together with the framework of legal, political and ethical principles that affects government and the related principles of parliamentary supervision, with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to administrative law and government decision making;
  • conduct research into public law, administration and decision making, using comparative perspectives from legal and non-legal approaches to assess government action, and communicating effectively and persuasively to specialist or non-specialist audiences and peers, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to administrative law and public decision making.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5450 - Principles of succession law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Prerequisites

LAW5006

Synopsis

Around 30-40,000 people die each year in Victoria. The management and distribution of their property is determined by principles of succession law. Succession law governs how the property of a deceased is distributed, who can manage a deceased estate and how distributions may be challenged distribution. This unit will enable students to understand the key issues affecting succession law, the directions that people can incorporate into a will and the professional obligations lawyers face in succession law.

The unit covers four key elements of succession law. The first is intestacy (when a person dies without a valid will) and will making. This part of the course examines the presumptive distribution of assets in intestacy and the novel Victorian approach. It also examines the execution requirements for will making and the process to grant probate to wills and codicils that do not meet those requirements.

The second key issue of the course is the doctrines affecting testamentary gifts. What can and cannot be done through the gift clauses? This part of the course examines the nature and limits of "testamentary freedom" (the ability of people to dispose of their estate as they wish).A key such limit is "family provision", under which close relative and partners of a deceased person can challenge the distribution of an estate.

The third part of the course examines managing and distributing deceased estates. This includes the standards for those managing an estate, control of funeral and burial arrangements and when and how can beneficiaries challenge or remove a personal representative.

The final part of the course examines professional obligations of lawyers. Succession law generates a high level of professional complaints against lawyers. The course will examine the special rules governing the conduct of lawyers, particularly when they act the personal representative of an estate.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of important contemporary issues in succession law, covering: will making; the management and distribution of estates (whether or not a valid will exists); family provision claims; funeral disputes; and the related principles of professional ethical obligations relevant to succession law, with creativity and initiative to new situations in professional practice and/or for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to will making and estate management;

  3. conduct research into succession law (including questions about will making, estate management, family provision claims and legal disputes about funeral arrangements), and communicating effectively and persuasively to specialist or non-specialist audiences and peers, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to succession law, including will making, estate management, funeral arrangements and family provision claims.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5451 - Indigenous people and the law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Stephen Gray

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • First semester 2019 (On-campus)

Prerequisites

JD students should have completed LAW5000 or an equivalent unit at another university.

Synopsis

This unit examines the historical and contemporary legislative measures by which Indigenous people have been controlled, 'protected' and disempowered. It looks at laws and policies concerning identity, dispossession, protection, assimilation and 'intervention' or 'emergency response'. It will examine over-representation of Indigenous people within the criminal justice system, deaths in custody, the 'stolen generations' issue, land rights, native title, and customary law. The experience of Indigenous Australians is focussed upon as a 'case study' but significant comparison is made between this experience and that of other Indigenous people in particular in Canada, New Zealand and Malaysia. The unit also considers human rights, self determination, reconciliation, law reform and human rights issues.

Outcomes

On completion of this unit, a student should be able to

  • apply knowledge and understanding of the common law, constitutional and statutory framework that has applied to Indigenous people of Australia, and compare with selected common law countries particularly Canada and New Zealand;
  • critically assess and evaluate relevant principles, laws and precedents and apply them to resolve legal issues relating to Indigenous people;
  • investigate, analyse and synthesise complex information from the judgments and secondary materials on Indigenous issues, applying theoretical and practical perspectives relating to the interaction between Indigenous people and the introduced legal system;
  • use cognitive, technical and creative skills to identify human rights issues affecting Indigenous people in factual scenarios and to develop complex arguments for appropriate legal responses to address these issues;
  • communicate effectively, both orally and in writing, on complex issues affecting Indigenous people in Australia and comparison with overseas jurisdictions; and
  • reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5452 - Private investment law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Stephen Barkoczy Personal ProfilePersonal Profile (http://monash.edu/research/people/profiles/profile.html?sid=1215&pid=2898)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Summer semester A 2019 (On-campus)

Synopsis

This unit discusses the nature and operation of private investment law in Australia. It examines how the venture capital and private equity industries operate in Australia and around the world and how private investments funds are structured. It focuses on the taxation treatment that applies to such investment and discusses relevant regulatory matters. It also examines and compares international aspects of private investment law. A range of government tax and other incentives that encourage investors to commit capital to start-up companies are analysed, along with some incentives that reward these companies for undertaking innovative activities such as research and development (R&D). Australia's superannuation system is considered, with a particular focus on its relationship and interaction with private investment law.

Outcomes

On completion of this unit, a student should be able to:

  • apply knowledge and understanding of recent developments in relation to private investment law with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to private investment law;
  • conduct research in private investment law based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to private investment law.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5454 - Climate change and displacement

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Scott Leckie

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Not offered in 2019

Synopsis

This unit will provide a state of the art, up to date overview of the links between climate change and citizen justice. It will discuss the phenomena of climate displacement, providing an understanding of the dynamics of climate displacement, the countries which are now and in the future most heavily affected and the legal and policy measures, including migration, that will be required to ensure that all climate-displaced persons are afforded rights-based and viable solutions to their displacement. By approaching these vexing issues in this manner, the course will provide students with an in-depth understanding of the legal issues involved, how the human rights of climate-affected persons can be invoked and where work is underway today to protect the rights of those affected, with an emphasis on Bangladesh, Fiji, Kiribati, Maldives, Papua New Guinea, Solomon Islands and Tuvalu.

Outcomes

Upon completion of this unit, students will be able to:

  • apply knowledge and understanding of the phenomenon of climate and its effects on enjoyment of internationally recognized rights of citizens;
  • demonstrate the position of international law, in particular human rights law, on climate displacement and the rights of those affected;
  • apply knowledge and understanding of climate governance and its inadequacies, and the key actors in this area, including UN agencies, national governments, civil society actors and affected communities;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to climate governance and citizen justice
  • conduct research in climate governance and citizen justice based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to climate governance and citizen justice.

Assessment

One research assignment (3,750 words): 50% and

One take-Home examination (3,750 words): 50%

OR

One research assignment on a topic approved by the lecturer (7,500): 100%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5455 - Chinese law and innovation policies

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Mr Max Parasol Personal ProfilePersonal Profile (http://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/max-parasol)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Term 4 2019 (On-campus)

Synopsis

This unit aims to equip future cross-cultural lawyers and technology policy-makers with the ability to understand the relationship between business and technology laws and issues of civil society in China. The unit focuses on China's complex internet and cyber security laws and innovation policies, including China's widespread roll out of artificial intelligence pilots such as facial recognition and self-driving cars.

Students undertake a collaborative research project (a mock business venture) that evaluates Chinese laws and regulations as to their effectiveness, responsiveness and coherence.

Classes will focus on preparedness for practice in an international legal environment or in a role formulating emerging technology policies. Classes include class exercises and interactive seminars.

Students will gain an overview of the Chinese legal system while focusing on the most important technological issues facing China and the world. China is now the vanguard on many of these complex legal and regulatory issues such as artificial intelligence policy and therefore merits our immediate attention.

Outcomes

At the successful completion of this unit, students will be able to:

  • describe how the institutions and nature of the Chinese legal system shape the content and administration of the law;
  • articulate the connection between the rule of law, civil society and emerging technologies.
  • examine 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;
  • observe the associated challenges to civil society caused by China's rapid technological development and appraise how the legal system responds to civil society issues;
  • evaluate Chinese laws and regulations as to effectiveness, responsiveness and coherence;
  • select the appropriate research tools to design and implement an efficient research strategy to answer research questions; and
  • utilise skills of comparative legal analysis to objectively analyse a foreign legal environment.

Assessment

Collaborative research project (a mock business venture) that evaluates whether Chinese laws and regulations are effective, responsive and coherent (3,375 words): 45%

One take-home examination (2,625 words): 35%

Class participation which includes active participation in class exercises 20%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5456 - Science, technology and law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Not offered in 2019

Synopsis

Science, Technology & Law examines the convergence of legal, social and scientific issues raised by innovative science, particularly biotechnology. The subject is intended to allow students to examine at an advanced level significant laws and regulatory systems relevant to the undertaking and commercialisation of science and technology and how the law attempts to keep pace with ongoing scientific developments. Investigation, synthesis and analysis of the complex legal and policy issues relating to the balance between the advancement of science and technology with the public interest will be undertaken using contemporary issues such as gene technology, human embryonic stem cell research, cloning and farmers' freedom to decide whether to adopt genetically modified crops. No scientific background is required or expected.

Outcomes

On completion of this unit, students will be able to:

  1. Apply knowledge and understanding of the law relating to the undertaking of science and the development and sale of products of science and technology, demonstrating advanced awareness of the policy concerns underpinning the law's response to developments in science and technology;
  2. Investigate, synthesise and analyse complex legal and policy issues relating to the balance between the advancement of science and technology with the public interest;
  3. Research independently into relevant domestic and international materials on the regulation of science and technology based on knowledge of appropriate research principles and methods;
  4. Use cognitive, technical and creative skills to solve complex problems

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5457 - Forensic evidence: Law, science, medicine and technology

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Jamie Walvisch Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/jamie-walvisch(371c2fb8-4d4a-4688-b1fa-0619af31fa69).html)

Not offered in 2019

Synopsis

This unit examines the intersection between science, medicine, technology and the law. It focuses on the issues that arise when experts give forensic evidence in legal proceedings. It includes presentations by a number of forensic experts on topics including:

  • Crime scene investigation;
  • Death investigation (e.g., forensic pathology; forensic odontology);
  • Forensic medicine (e.g., sexual assault investigation; traffic medicine);
  • Mental health examination (e.g., forensic psychiatry; forensic psychology);
  • Pattern evidence (e.g., fingerprints; ballistics; toolmarks; document examination);
  • Biological and chemical evidence (e.g., DNA; chemical trace evidence);
  • Digital evidence (e.g., forensic computing; forensic accounting).

Outcomes

At the successful completion of this Unit, students will be able to:

  1. Apply knowledge of, and understanding of a range of contemporary issues surrounding the collection, analysis and use of forensic evidence, and identify

    appropriate practical responses to those issues;

  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to forensic evidence in a range of fields, in order to identify its current strengths and weaknesses, and the structural problems that arise in its collection, analysis and use;
  3. Recognise and reflect upon the complex ethical issues that may arise when forensic evidence is given in legal proceedings, and the professional responsibilities of lawyers and expert witnesses in addressing these issues;
  4. Demonstrate high level research skills and the reasoning and professional judgment required to formulate appropriate responses to complex legal problems involving forensic evidence;
  5. Use cognitive, technical and creative skills to communicate effectively and persuasively on issues relating to forensic evidence;

  6. Learn and work with a high level of autonomy, and use feedback to improve their own performance.

Assessment

One electronic conference poster assignment: 20%

One video podcast assignment (10-15 minutes): 40%

One take-home examination (3,000 words): 40%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5458 - Animal law, regulation and policy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Joanna Kyriakakis Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=7249016&pid=11537)

Not offered in 2019

Synopsis

This unit examines the ways in which Australian law defines and regulates the control, treatment and welfare of non-human animals. Significant laws, regulatory systems, and contemporary policy debates related to human uses of animals in specific contexts will be critically examined. These may include: animals in agriculture; the live export industry; 'ag gag' laws; animals in science, research and education; companion animals; and animals in the wild. While the primary focus of the unit will be upon the law in Australia, where relevant international and comparative developments will be considered.

Outcomes

On completion of this unit, students will be able to:

  1. Demonstrate specialised knowledge and understanding of the law, policies and objectives that constitute and underlie the regulatory schemes affecting animal welfare outcomes and management in Australia;
  2. Investigate, analyse and synthesise complex legal and policy issues relating to the balance between commercial stakeholder interests, ethics, animal welfare objectives and the public interest in the management of human - animal relationships;
  3. Research independently into relevant domestic and international materials on the regulation of animals in distinct contexts, demonstrating knowledge of appropriate research principles and methods;
  4. Be in a position to interpret and transmit legal knowledge, skills and ideas to specialist and non-specialist audiences regarding rights and responsibilities under the regulatory regimes that relate to the treatment of animals in the contexts studied;
  5. Use cognitive, technical and creative skills to solve complex problems relating to policy making and regulation in the field of animal law.

Assessment

Research assignment (3,750 words): 50%

Take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5459 - Australians detained abroad

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Lt Colonel Dan Mori (Ret)

Not offered in 2019

Synopsis

There are hundreds of Australian citizens detained overseas for a variety of reasons including foreign criminal proceedings, child abduction or victims of kidnappings. This unit explores the legal underpinnings, consular protections and avenues of legal redress in these sometimes-murky situations. Whether an Australian's nightmare begins with an extradition request from another country or being lured overseas to act as a drug mule, there can be serious consequences including the death penalty. When one's child has been taken to another country or a loved one has been kidnapped, what can be done within the law and the consequences of stepping outside the law is not always clear. Most believe that Australia will come to the rescue and protect its citizens. Yet, the consular services provided in many cases may not meet with the public's expectations.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge and understanding of recent developments in relation to a range of legal circumstances including extradition proceedings, foreign criminal proceedings, international child custody disputes and kidnappings that result in the detention of Australian citizens within Australia and abroad as they arise in a legal dispute with creativity and initiative to new situations in professional practice and/or for further learning;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to relevant jurisprudence from comparable domestic legal system such as the United States, Canada, New Zealand and the UK to apply in the Australian context.
  3. Conduct research in the operation of relevant law in a practical setting 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 a range of different legal issues address within the unit.

Assessment

Research assignment (4,500 words): 60%

In-class client advice letter (2250 words): 30%

Class participation/attendance: 10%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5460 - Online dispute resolution

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Genevieve Grant Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/genevieve-grant(8c760724-f6ed-4634-a4df-e68624ab9f23).html)

Not offered in 2019

Prerequisites

LAW5013 or equivalent

Synopsis

This unit investigates Online Dispute Resolution (ODR), 'the application of information and communications technology to the prevention, management, and resolution of disputes' (Katsh and Rule, 2016). Taking a practical and interdisciplinary approach, the unit first examines the emergence of ODR, the range of technologies involved and the contexts in which they are applied. It explores the relationship between ODR and appropriate dispute resolution, and its impact on the work of lawyers and the legal profession. It then moves to consider the regulation and governance of ODR system design and operation. The unit also explores the evaluation of ODR, including its suitability for varieties of disputes and disputants, its impact on access to justice and practical approaches for assessing the performance of ODR systems.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge and understanding of recent developments in relation to online dispute resolution with creativity and initiative to new situations in professional practice and/or for further learning
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to online dispute resolution
  3. Conduct research in relation to online dispute resolution based on knowledge of appropriate research principle and methods
  4. Use cognitive, technical and creative skills to evaluate complex ideas, concepts and systems relevant to online dispute resolution

Assessment

Research assignment (3750 words): 50%

Evaluation plan (1500 words): 20%

Policy brief or blog post (1500 words): 20%

Class participation: 10%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5461 - Entrepreneurship and the law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Beverley Honig

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2019 (On-campus)

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

Synopsis

The golden age of entrepreneurship calls for proactive legal/commercial advisors who have an understanding of the innovation lifecycle.

This unit will cultivate your ability to navigate the entrepreneurial journey, using innovative problem solving techniques. Set in the practical context of relationships, we will explore how to break out of traditional legal silos to develop a dynamic, multi-disciplinary approach, whilst remaining mindful of the many related risks and opportunities that impact innovation.

This unit helps you tackle client challenges such as business formation, funds raising, trademarking, and structuring new business in new industries.

Creating disruption within the realms of good governance requires a new type of lawyer - one that 'gets it'. The lawyer of the future will add value and channel entrepreneurial energy.

Outcomes

At the successful completion of this unit students should be able to:

Articulate and advise on risks and opportunities involved in entrepreneurship from the initial concept through development to commercialisation.

Develop a toolkit to identify specific legal/commercial issues that entrepreneurs need to deal with at various stages of venture development

Engage with clients to provide a broad applied knowledge of the various substantive laws relating to entrepreneurial activities and businesses, including commercial law and how it impacts entrepreneurial activities and plans

Embed the business deal in legal documents while abiding by client instructions and a negotiated outcome

As part of transactional law, use the knowledge, skills and competencies necessary to engage with entrepreneurship and add value through solving challenges creatively (both in substance and format)

Assessment

  1. Class participation 10%;
  2. Individual Videoed Role Play 40%, comprising: Part 1: 10 minute role play (30%)

    Part 2: Written reflection on recorded interview - 750 words (10%)

  3. Preparation of Legal Toolkit for Entrepreneurs (50%) comprising: Part A: Development of a legal toolkit (20%) (group assessment);

    Part B: Presentation to the class (10%) (group assessment)

    Part C: Toolkit application - Incorporation in advice to client - 1500 words - 20% (individual assessment)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average eight/nine hours of scheduled activities per week over four weeks. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

This unit applies to the following area(s) of study


LAW5462 - Non-adversarial practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Not offered in 2019

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

Synopsis

This is a big-picture unit, focusing on process in the civil, criminal and family law justice systems. It examines methods of legal practice 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 and ideas including therapeutic jurisprudence, Alternative Dispute Resolution, restorative justice, preventive law, solution-focused or problem oriented courts.

The unit will provide opportunities for work integrated learning, enabling students to integrate theory with the practice of work in real life settings. A focus of learning will be upon skills development for legal practice, including understanding when the use of processes may be appropriate or inappropriate. The aim is to help students to understand the role that lawyers can play in preventing conflict and in providing non-adversarial means of problem management.

Outcomes

Upon completion of this unit, students should:

  1. Describe and evaluate the nature of non-adversarial justice, the theories behind the movement and the reasons for the perceived need for non-adversarial processes in the civil and criminal justice systems;
  2. Evaluate when adversarial and non-adversarial processes are appropriate or inappropriate in particular cases in both the civil and criminal justice systems (including in the family law system);
  3. Demonstrate skills and knowledge of how lawyers can work effectively with non-adversarial processes;
  4. Comprehend and evaluate appropriate ethical standards of conduct of lawyers and other professionals working with non-adversarial processes;
  5. Communicate effectively and persuasively both orally and in writing on issues relating to non-adversarial processes, especially to a non-expert audience;
  6. Demonstrate skills in observation and critical analysis of legal processes including making recommendations for changes or law reform.

Assessment

One work-integrated learning observation assignment (3,750 words): 50%

One take-home examination (3,000 words): 40%

Class participation: 10%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study


LAW5463 - Children's law in action

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Ms Erica Contini

Not offered in 2019

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

Synopsis

Using a child centered approach, follow the development of legal issues that impact upon children as they grow. Examine the evolution of modes of legal representation for children starting with the role of an independent children's lawyer in family law proceedings. As children grow, their legal rights develop as do their legal responsibilities. Explore how this can involve state interference in the family unit through child welfare laws and the cross jurisdictional issues that can arise from this involvement especially in relation to criminal law and intervention order matters. Students will examine the transition to independence and the common law and statutory principles governing rights and responsibilities of children. The unit will explore the various laws that directly affect children and the specialized approach to resolving these issues. The unit will take a practice oriented approach requiring students to hone their oral as well as written advocacy and legal drafting skills.

Outcomes

Apply knowledge and understanding of laws and court processes that directly affect children to enable students to excel in professional practice and/or for further learning

Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to laws effecting children including child protection, criminal, mental health, infringements, intervention orders and family law.

Conduct practise based research in children's law based on knowledge of appropriate research principles and methods

Gain an understanding of the Children's Court and its jurisdiction

Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to representing children and children's law.

Develop analytical and complex case management skills to enable students to adopt a holistic, approach to acting for children with multiple and complex legal needs.

Assessment

  1. Short procedural written exercises (500 words): 20%
  2. Written submission (2250 words): 30%
  3. Oral argument based on written submission: 10%
  4. Take-home examination (3,000 words): 40%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study


LAW5464 - Negotiation and influence: Strategy and skills

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Tom Harber

Quota applies

Enrolments are capped at 34 for this unit.

Unit guides

Offered

City (Melbourne)

  • Term 3 2019 (On-campus)

Prohibitions

LAW4160, LAW5344

Notes

T-3 July 9th- July 12th 2019

Synopsis

Like it or not you are a negotiator and communicator. Whether you're a project manager or procurement officer, lawyer, human resource consultant or c-suite executive, whether you're in sales or marking, strategy or business development, whatever your role, whichever your industry, developing an ability to effectively negotiate and communicate with influence is absolutely essential.

Drawing on ideas first developed at the Harvard Negotiation Project and from a variety of other research perspectives, this unit is designed to rapidly improve participants' ability to negotiate and influence. Adopting an intensive blended learning approach that incorporates lectures, readings, simulation, exercises and discussion, participants will: analyse different negotiating styles; practice utilising a myriad of negotiation and communication strategies and tools; learn how to collaborate, create and claim more value; influence and communicate more effectively (including how to persuasively present); deal with challenge and difficult tactics; and reflect on multi-party and cross-cultural issues.

Outcomes

Upon successful completion of the unit, participants will:

  • Recognise their own and others' negotiating behaviours and their interplay across a range of contexts;
  • Understand and apply the theory of principled negotiation along with a range of other strategies and methods;
  • Make negotiation and influence decisions based on conscious, rational, informed choice, from a broad array of available tools;
  • Demonstrate logical, creative and collaborative skills in generating real-time appropriate responses in a variety of interpersonal contexts;
  • Communicate with and present to others in way that is clear, efficient, appropriate and ultimately persuasive;
  • Participate in multi-party and cross-cultural appropriate judgement in these contexts; and
  • Reflect on and assess their own and others' capabilities and performance, with a view to continuing personal and professional development.

This unit is open to cross-faculty Monash enrollment and to those external to Monash wishing to enroll in a single unit (assessed or unassessed).

Participants who complete the unit may also be eligible to receive advanced standing for components of PLT programs and/or credit toward industry CPD hours.

Assessment

In Class Assessment (contribution, presentation, test): 30%

Negotiation Role Play: 30%

Written Assignment (3000 words): 40%

This unit applies to the following area(s) of study

Project Management and IT

Business and Economics

Social Sciences

Education

Commercial Law

International and Comparative Law

Workplace and Employment Law

Government Law and Regulatory Practice

Media and Communications Law

Dispute Resolution

Environment & Sustainability


LAW5465 - Migration and Human Rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Heli Askola

Unit guides

Offered

City (Melbourne)

  • Trimester 3 2019 (On-campus)

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

LAW5304: Overview of human rights law

Synopsis

This unit you focuses on the human rights dimensions of migration from an international and comparative perspective. The international movement of people poses one of the greatest challenges to the existing regime of international human rights. This unit examines human rights obligations in relation to migration and the obstacles to realising human rights in the context of global mobility. Topics include labour migration, family migration, migrant inclusion, as well as irregular migration, migrant exploitation and violence against migrants. The unit covers theoretical and sociological insights related to migration and human rights, including debates on sovereignty, nationalism and social welfare. It outlines best practices in promoting and protecting the human rights of migrants and examines the challenges involved in creating a human rights-based approach within current institutional and national frameworks governing migration.

Outcomes

On completion of this unit students will be able to:

apply knowledge and understanding in relation to legal and political responses to migration and their implications for human rights, including challenges in protecting and enforcing the rights of migrants;

examine, analyse and synthesise information, problems, concepts and theories in relation to migration and human rights from a comparative and international perspective;

conduct independent research on issues related to migration with reference to international human rights norms, based on knowledge of appropriate research principles and methods; and

use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to migration and human rights.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study


LAW5466 - Financial services law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Rhys Bollen

Not offered in 2019

Synopsis

This is an introductory subject to financial services law and regulation in Australia. It will introduce the regulation of financial services in its historical and theoretical context. Students will gain an understanding of the key regulatory concepts, including those relating to licensing, disclosure and conduct for financial service providers, issuers and markets. Students will also develop an understanding of the key players in the sector and their roles in the development of policy and application of the relevant laws.

Outcomes

A student who has successfully completed this subject will:

identify and understand various theories of regulation

understand the history and background to the current regulatory environment for financial services in Australia

understand the legal and regulatory framework within which financial services providers operate

be able to locate and apply the key regulatory requirements relating to Australian financial services (AFS) licensing, financial services disclosure and financial products disclosure

be able to locate and apply the key duties and responsibilities (including common law) of financial services providers

understand the likely future direction of the financial services sector and its regulation

identify the strengths and weaknesses of different regulatory approaches to protecting the interests of consumers of financial services

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

This unit applies to the following area(s) of study

Commercial Law

Regulatory Studies


LAW5468 - Emerging technologies, global data flows and the law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Joshua Paul Meltzer

Unit guides

Offered

City (Melbourne)

  • Term 3 2019 (On-campus)

Synopsis

This unit is aimed at giving students the skills applicable in government, regulatory bodies, private practice and international organizations, a thorough theoretical and practical grounding in the importance of the internet and cross-border data flows for access to and the development of emerging technologies such as AI, cloud computing and the internet-of-things and the impact of data and technology on economic growth and international trade. The course will equip students with the analytical ability to apply international law to emerging technologies and to understand the broader policy challenges confronting government when seeking to support the economic and trade opportunities while also achieving other goals such as privacy

and cybersecurity. The course will provide students with an understanding of the different approaches to regulating these technologies and data glows being taken globally (focusing on the U.S., the EU, China and Australia) and the various international approaches in forum such as APEC, the G20 and bilaterally between countries that are being developed in areas such as privacy, cybersecurity and law enforcement and their implications for global data flows. Students will analyse in depth these evolving international law rules and norms, including understanding the legal gaps and will assess the various international law options that government can take as they navigate an increasingly digital world, as well as the political constraints on what may be possible.

Outcomes

On successful completion of this unit students will be able to:

  1. Apply knowledge of developments with the internet, global data flows and technologies such as cloud computing and AI to international law.
  2. Demonstrate skills of investigation, analysis and synthesis of complex information, concepts and theories in relation to the interaction between domestic regulation in areas such as privacy, cybersecurity and law enforcement to international rules and norms such as in bilateral trade agreements, APEC and other international law treaties.
  3. Apply these international rules to domestic regulation, identifying the trade-offs being made in the domestic approaches and making recommendations to reform current laws or create new ones as appropriate.
  4. Through critical reflection, demonstrate knowledge of the interaction between international law, domestic regulation and international politics in the development of new international rules and norms government digital technologies and global data flows.

Assessment

  1. In class group work 20% equivalent of 1500 words
  2. Class test 25%
  3. Research assignment 55% 5000 words

Workload requirements

24 contact hours per teaching period

(either intensive, semi-intensive or

semester long, depending on the

Faculty resources, timetabling and

requirements)


LAW5600 - Issues in medical ethics and law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Synopsis

This unit will cover a selected number of issues in medical law and ethics. Topics will include general issues that revolve around notions of autonomy, competency and compulsion as well as a number of contemporary bioethics issues such as organ transplantation, abortion and medical research.

In discussing these issues, students will be encouraged to think about the differences as well as the interplay between legal rules and ethical guidelines. The discussions will also include a consideration of the approaches taken by different countries and students will be invited to think critically about the responses of different jurisdictions.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of fundamental issues in medical law and ethics and exercise analytical skill with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information in relation to concepts, theories and problems in medical law and ethics;
  3. conduct research into the fundamental aspects of medical law and ethics to create new understandings of current and emerging problems, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate complex issues involving medical law and ethics and communicate effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.


LAW5603 - Comparative cyberlaw

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Prof David Lindsay Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=2838&pid=3303)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Prohibitions

LAW5336

Synopsis

This unit introduces students to comparative analysis of the law and social issues arising from the use of the Internet for commerce, education and entertainment. The unit will address complex legal and policy issues in areas such as jurisdiction, Internet governance, electronic contracting, content regulation and copyright. There will be sufficient flexibility to examine new issues as they arise.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding of the law relating to the internet, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning key areas of comparative cyberlaw;
  • investigate, analyse and synthesise complex information concerning the application of selected areas of the law to the Internet;
  • conduct research into issues relating to the application of comparative law and policy to the Internet; and
  • use cognitive, technical and creative skills to solve complex problems relating to technology, law and policy.

Assessment

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 with a written paper (1500 words): 20%

One research assignment (6000 words): 80%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5604 - International environmental governance

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Prof David Lindsay Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=2838&pid=3303)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Prohibitions

LAW4313 or LAW5314

Synopsis

This unit will introduce students to the foundations and guiding principles of the evolving field of international environmental law. It explores the dynamics of the international legal system with a focus on the key actors, interests and ideas. Selected environmental issues will be examined in close detail in seminars incorporating student research and "reaction papers". Students are expected to contribute actively to the critical analysis of sources and mechanisms of international environmental law and to discussion of new approaches to global environmental problems.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding in evaluating the effectiveness of various international environmental agreements and instruments;
  • investigate, analyse and synthesise contemporary global environmental problems from a variety of theoretical perspectives and frameworks;
  • conduct research into contemporary debates about state and non-state forms of environmental regulation in historical context and in the context of various theoretical understandings of regulation and governance; and
  • use cognitive, technical and creative skills to critically analyse the challenges of implementation, enforcement and compliance in international environmental law.

Assessment

  1. "Reaction Paper" and Discussant (1875 words): 25%
  2. Research essay (5625 words): 75%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5605 - Comparative dispute resolution

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Prof David Lindsay Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=2838&pid=3303)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Synopsis

This course will explore processes in which third-parties from various countries and cultures help people resolve disputes. Through readings, discussion, simulation exercises and outside research, students will critically examine the roles of:

  1. lawyers and other advocates negotiating on behalf of principals;
  2. mediators and neutral third parties facilitating the negotiation process;
  3. arbitrators, judges and clerics tasked with adjudicating disputes; and
  4. tribal councils and international tribunals involved in managing conflict. Classes will be designed to give students the theoretical framework to understand and evaluate dispute resolution processes in various contexts, as well as the skills to participate in the processes effectively.

Outcomes

At the successful completion of this Unit, students will be able to:

  • apply knowledge and understanding of the various ways in which different societies and cultures respond to interpersonal disputes;
  • investigate, analyse and synthesise in applying comparative methodology to distinguish between models of dispute resolution used by diverse social groups;
  • conduct research into how generalisations about culture might impact the propriety and effectiveness of a given model of dispute resolution;
  • use cognitive, technical and creative skills to critically analyse the use of adjudicatory and consensual processes in judicial systems around the world; and
  • communicate effectively and persuasively in identifying key features of an effective dispute resolution process given the type of dispute and the cultural context.

Assessment

  1. Participation in class discussion and exercises: 20%
  2. Research paper (2250 words) and in-class presentation: 30%
  3. Research essay (3750 words): 50%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5606 - Restitution

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Previously coded as LAW7650

Synopsis

The unit studies Canadian, Australian, English and US case law and theory on the principle of unjust enrichment. The unit will cover:

  1. the elements of the unjust enrichment principle,
  2. the substantive areas for which it appears to be the principle underlying the granting of relief,
  3. the remedies and defences that are available, and
  4. the applicability of the unjust enrichment analysis to restitutionary claims for benefits secured through wrongdoing.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of a range of current controversies in restitution and the law of unjust enrichment with creativity and initiative to new situations in professional practice;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the unjust enrichment principle and to critically evaluate the effectiveness of restitution and restitutionary remedies within the private law, including the desirability of reform;
  • conduct research into relevant domestic and international materials on contemporary restitution law issues based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the law of restitution and unjust enrichment.

Assessment

Class participation: 10%

Written assignment (2250 words): 30%

Take--home examination (4500 words): 60%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5608 - Transnational litigation

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Nadirsyah Hosen (Malaysia)
Prof Marilyn Pittard (Prato)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Prerequisites

LAW5003 or equivalent

Prohibitions

LAW5423 Private international law in commercial disputes

LAW5612Not offered in 2019 International litigation and arbitration

Synopsis

This unit compares the private international law of major commercial hubs. Private international law (or conflict of laws) is the body of rules applying to civil disputes with an international element. These are the rules on when a court is to assume jurisdiction, when a foreign judgment is to be recognised, and which law is to be applied to a dispute. Private international law is domestic law. Focusing on commercial disputes, this unit explores aspects of the private international law of Australia, Canada, the European Union, Malaysia, Singapore the UK and the US. The unit analyses and compares the legal rules that may apply at the different stages of an international dispute in each of these systems and on that basis discuss the policy and practical issues involved in each context and the considerations that will become relevant for parties when deciding where to litigate.

Outcomes

On completion of this subject, students will be able to:

  • identify, investigate and resolve complex issues of private international law in transnational commercial disputes;
  • analyse compare and evaluate the legal rules that a court in Australia, Canada, the European Union, Malaysia, Singapore, the UK and the US will apply to address these issues;
  • conduct research into the theoretical and policy considerations underpinning the private international law of these jurisdictions, based on knowledge of advanced research principles and methods, and make suggestions for law reform; and
  • generate and communicate sophisticated practical advice relating to the conduct of transnational litigation.

Assessment

Research essay (3,750 words): 50%

Practical advice (3,750 words): 50 %

Workload requirements

36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5610 - Varieties of the secular: Law, religion, and social change

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Synopsis

This seminar will provide both an historical and contemporary comparative look at the ways that legal systems have dealt with religious difference, freedom of religion, and "the secular". An important note in contemporary scholarship on the contemporary interaction of law and religion has been that there is not a single "secular" but, rather, varieties of secularisms. A close study of the various ways that political power, law, and religion have been configured provides a unique and valuable line of sight into comparative legal traditions, constitutional structure, and legal and political theory. Some of the most interesting contemporary legal and political debates have arisen out of questions about freedom of religion, its limits, and the just relationship between religion and the state.

Outcomes

On completion of this subject, students will be able to:

  1. apply knowledge and understanding of the varieties of ways in which law and religion configure in contemporary models of secularism and the social and political importance of these models, with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the interaction of law and religion in contemporary constitutional orders;
  3. conduct research into the legal and political systems, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate competing theoretical frameworks and to formulate, express, and support the student's opinions and arguments.

Assessment

Seminar participation: 10%

Presentations: 10%

Three critical essays based on the course materials, total word count for the three assignments to amount to 6,000 words: 80%

Workload requirements

Students are required to attend 36 hours of seminars over the duration of this intensive course.


LAW5611 - Comparative issues in patent law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Ann Monotti

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Synopsis

This unit will examine from an international and comparative perspective some fundamental questions that arise in patent law:

  • Why is a twenty year monopoly in the form of a patent available for inventions? We will critically analyse this question with reference to the origins of patent laws and with reference to the varied past and present rationales that support patent protection;
  • What subject matter should patent law protect? In particular, it will focus on the challenges posed to patent law by new and emerging technologies in areas such as higher life forms, methods of medical and surgical treatment, business and financial systems and genetic materials;
  • Why can an inventor choose to keep an invention secret instead of seeking patent protection? We critically evaluate the justifications for inventors to have this choice; and
  • What balance should exist between a patentee's exclusive rights and the public domain?

The unit will consider the obligations that relevant international treaties and conventions impose on member states in the design of their patent laws. Within the context of this international structure, it will immerse students in understanding and critically analysing how Australia and three other jurisdictions (selected from Canada, the United States of America, the European Union, the United Kingdom and New Zealand) approach the above questions. No technical background is required or expected, nor is any previous work in patent law needed.

Outcomes

On successful completion of this unit students will :

  1. Critically appraise:
    • the obligations that international treaties and conventions impose on member states;
    • the challenges that these obligations present for the design of domestic patent and trade secrecy laws; and
    • the manner in which domestic laws comply with these obligations.
  2. Identify and evaluate the theoretical and policy concerns underpinning the patent system and its relationship with trade secret protection;
  3. Critically analyse and evaluate, from a comparative perspective, national responses to each of the fundamental questions that this unit identifies for consideration;
  4. Demonstrate advanced skills of independent research and critical analysis; and
  5. Communicate effectively both as individuals and as part of a group, both orally and in writing.

Assessment

Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Group seminar presentation: 10%

Group seminar report (750 words): 10%

Take-home exam (2,250 words): 30%

Research assignment (3,750 words) 50%

Workload requirements

36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

This unit applies to the following area(s) of study

Intellectual property law

International and comparative law


LAW5612 - International litigation and arbitration

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Synopsis

This unit explores the main legal issues involved in the resolution of legal disputes between private (that is, non-state) parties in an international setting. In that respect, we will consider in detail the two major systems of dispute resolution: litigation before national courts and arbitration before private arbitral tribunals. We will analyse and compare the legal issues that may arise at the different stages of an international dispute in each of these systems and on that basis discuss the policy issues involved in each context and the considerations that will become relevant for parties when deciding which kind of dispute resolution system to choose.

Outcomes

On completion of this subject, students will be able to:

  1. apply knowledge and understanding of the principles of international litigation and arbitration and the legal framework governing international litigation and arbitration and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems, with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to concepts, theories and problems in international litigation and arbitration;
  3. conduct research into the international litigation and arbitration, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate ideas and arguments relating to international litigation and arbitration effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

Class participation: 10%

One research assignment (4,500 words): 60%

Examination: 30%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.


LAW5613 - Game theory and the law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Synopsis

"Game Theory" is often considered a subfield within the subject of "Law and Economics". This unit is aimed at providing an overview of Law and Economics and then refining that understanding with an expansive examination of Game Theory.

Topics in this unit will include, but are not limited to:

  • the impact of bicameral v. tricameral systems upon judicial decisions;
  • international agreements' influence upon domestic interpretations of the law;
  • decisions about specific political candidates and their impact upon macro-understandings within a government party;
  • the role of marginalisation upon how and whether issues become considered relevant by judicial and legislative bodies;
  • statistical data and its use by various parties to push their concerns forward;
  • trends in voting methods and how those processes encourage deliberation about municipal and state planning in the long term; and
  • the relevance of lobbying efforts by private entities and publicly-funded agencies.

Outcomes

On completion of this unit students will be able to:

  1. identify, synthesise and apply knowledge of key concepts in the field of law and economics, as well as detailed knowledge of game theoretic concepts
  2. demonstrate intellectual and creative skills to identify decision-making processes to which game theory can be usefully applied and to generate reasoned, practical and appropriate applications of predictive analysis
  3. observe and critically evaluate when strategizing about opposite parties' actions has made its way into litigation and judicial evaluation
  4. conduct research into complex game-theoretic concepts based on knowledge of appropriate research principles and methods; and
  5. communicate effectively and persuasively their understanding of research findings.

Assessment

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.

Completion of online games prior to and in class, demonstrating the operation of various aspects of game theory, and participation in class discussion about the implications and application of games to the relevant aspect of the syllabus: 5% per class x 12 classes = 60%

Take-home examination of 2,000 words: 40%

Workload requirements

This will vary depending upon the demands of Prato and the timetable. Indicative hours would be: 6 hours a week for 6 weeks or 12 hours per week for 3 weeks. The total number of hours contact will remain 36.


LAW5614 - Regulating relationships and families

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Renata Alexander Research ProfileResearch Profile (http://www.monash.edu/research/people/profiles/profile.html?sid=523&pid=2712)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Synopsis

This unit focuses on different types of families and how intra-family relationships are regulated under Australian family law and comparative overseas family law systems. The unit is designed to challenge students about notions of families and relationships. It looks at 'traditional' marriages as well as same sex marriages and de facto relationships in different jurisdictions. It looks at families formed through assisted reproductive technology, adoption and surrogacy. Once legislators intervene, courts need to interpret statutory frameworks in light of cultural values and social science knowledge. Students will examine how culture and social science influence legislation and case law. Students will also examine the notion of 'best interests' of the child and how this is determined in Australia and other jurisdictions.

This unit also challenges students to consider what constitutes child abuse and neglect. Students also examine emerging international issues such as international adoption, commercial surrogacy and international abduction of children.

Outcomes

On completion of this subject, students will be able to:

  1. apply knowledge of and understanding of recent developments in relation to regulating relationships and different types of families in Australia and comparative family law systems with creativity and initiative to new situations in professional practice and/or further learning;
  2. investigate, analyse and synthesize complex information, problems, concepts and theories in relation to different types of families and how intra-family relationships are regulated;
  3. conduct research into regulating relationships and different types of families based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to how different families are formed and how intra-family relationships are regulated under Australian family law and comparative family law systems.

Assessment

20% class attendance and participation

80% research assignment of 6,000 words (presented in accord with the AGLC).

Suggested topics will be provided but students can devise their own research topic with the lecturer's approval.

Workload requirements

Students are required to attend 36 hours of seminars and undertake 108 hours of private study over the duration of the course, including reading, class preparation, assignment preparation, and revision.


LAW5615 - Environmental activism, ecoterrorism and the law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Synopsis

This subject is designed to provide both a comprehensive and critical introduction to global ecoterrorism. The subject introduces students to the broad political challenges raised by the global enfironmental crisis both in the developed and developing world. The general historical evolution of international environmental law and policy will also be analysed. Attention will be given to the major environmental, economic and political tensions that have both shaped and constrained the evolution of 'ecoterrorist' groups.

The subject will in particular focus on the key individuals and major 'ecoterrorist' groups that have grown up as disillusion with the pace of environmental change within global society has increased. The subject will critically analyse the key groups often categorised as ecoterrorist including Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society. It will focus on their founders, historical development, key philosophical beliefs and practices. Students will be encouraged to draw on theoretical debates to identify the ways in which modern ecoterrorism has tested and/or reinforced the traditional assumptions, ideologies, arguments and institutions of international environmental law and policy.

Students will be challenged to develop and refine their ability to analyse critically the different ways in which environmental problems and risks are perceived, framed and managed by differently situated actors within an ecoterrorist context. The subject cover the international and domestic legal responses to ecoterrorism. The subject also contextualises the major legal developments by examining the key state and non-state actors and institutions involved in the negotiation, settlement and enforcement of law relating to ecoterrorist activities. Finally, the evolving nature of international ecoterrorism law and policy, including problems and prospects for the future, will be critically examined.

Outcomes

Upon successful completion of this unit students are expected to

  1. demonstrate a general grasp of the historical evolution of international environmental law and policy in response to the increasingly global nature of ecological problems;
  2. demonstrate a broad understanding of the diverse ideological character and claims of the modern environment movement and the major lines of contestation in the broader global environmental debate;
  3. be able to identify the different ways in which new environmental issues, actors, interests and agendas have challenged the basic norms and institutions of global governance, particularly the system of sovereign states, environmental multilateralism, and the norms and institutions of global economic governance;
  4. have a general understanding of the role of key individuals, actors and institutions involved in ecoterrorist activities;
  5. recognise the tensions and debates within the national, international and global communities, about the role of direct action and ecoterrorism;
  6. recognise and critically analyse the key groups often characterized as ecoterrorist including Earth First!, the Earth Liberation Front, the Animal Liberation Front and the Sea Shepherd Conservation Society;
  7. be able to evaluate critically the different global institutional responses to global ecoterrorism;
  8. have developed an appreciation of cross-cutting and emerging issues of international environmental law such as human rights, indigenous people, war and the environment and the perspectives of various actors in evolving those issues;
  9. have developed an ability to think critically and present a reasoned argument in relation to key developments and problems in international ecoterrorism law and policy; and
  10. be able to make an assessment of where global ecoterrorism can be expected to develop in the future.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

Students are required to attend 36 hours of seminars and undertake 108 hours of private study over the duration of the course, including reading, class preparation, assignment preparation, and revision.


LAW5616 - Air and space law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assistant Professor Ruchika Rao

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Synopsis

This unit focuses on the study of air and space law from the perspective of international and comparative law. Air Law covers the rules concerning the status of the airspace and civil aviation activities. Students will study the legal framework on international operation of aircraft, the repression of offences against aircraft, and the liability regime for damage caused by aircraft. Part of the unit will be devoted to the relationship between airlines and passengers. Space law covers the uses of outer space. Students will study the status of this area, the rules for its exploration and exploitation as well as the liability regime covering space activities. Students will also analyze the rules for space applications (satellite telecommunications, satellite TV, earth observation, space flight, military uses).

Outcomes

On completion of this subject, students will be able to:

  1. apply knowledge and understanding of key concepts and principles of air and space law, with creativity and initiative to concrete situations;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories of national and international legislation in the core areas of air and space law;
  3. conduct research in air and space law, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate ideas and arguments relating to national legislation in the core areas of space law.

Assessment

  • Research assignment (3,750 words): 50% OR
  • Research assignment (2,250 words): 30% and Mini moot court: 10% and presentation on research assignment: 10%

AND

  • Take-home examination (3,750 words): 50%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.


LAW5617 - International and comparative taxation law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Nadirsyah Hosen

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Prerequisites

LAW5000 or LAW5080 or LAW5081

Prohibitions

LAW4533Not offered in 2019

Synopsis

This unit will examine Australia's taxation laws from an international and comparative perspective. It will outline the broad features of the Australian tax system and compare and contrast these features with the broad features of the Malaysian and Singaporean tax systems. Aspects of certain other countries tax regimes will also be briefly considered. Similarities and differences between the various regimes will be highlighted, discussed and analysed. The unit will focus on income tax and goods and services tax. It will use the Australian tax system as the basis for further comparative discussion. Special attention will be devoted to discussing Australia's international tax rules and its international tax treaties with Singapore and/or Malaysia. Broad policy issues relating to the design of tax systems and international tax rules will also be considered.

Outcomes

At the successful completion of this unit, students will be able to:

  • apply knowledge and understanding of key aspects of the international taxation systems in Australia, Singapore and Malaysia;
  • investigate, analyse and synthesise complex information, concepts and theories relating to international taxation, and identify the advantages and disadvantages of various alternative ways of structuring international taxation arrangements;
  • conduct independent research into Australia's international tax rules and its international tax treaties with Singapore and/or Malaysia;
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to policy issues concerning the design of tax systems and international tax rules.

Assessment

Class participation: 10%

Class presentation: 30%

Research paper (2,250 words): 30%

Class test: 30%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5618 - Comparative cybercrime

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Jonathan Clough Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=629&pid=84)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Prohibitions

LAW5353(previously LAW7280)

Synopsis

The advent of the internet and the proliferation of ICTs have transformed the way we socialise and do business. However, these technologies may also be used to commit or facilitate the commission of crimes; so-called 'cybercrimes'. The transnational nature of modern communications means that cybercrime is a global problem; with offender and victim potentially located anywhere in the world. Adopting a comparative approach, this unit provides an overview of the challenges of cybercrime, and legal responses to those challenges. Topics to be covered include cybercrime investigations, hacking, identity theft, child exploitation offences, and online harassment. Although drawing primarily upon the experience of common law jurisdictions (Australia, Canada, the UK and the US), these responses will be considered in light of the principal international instrument in the area; the Council of Europe Convention on Cybercrime. There will also be discussion of international efforts to achieve harmonisation of cybercrime laws.

Outcomes

Upon successful completion of this unit students will have acquired or developed:

  1. an understanding of the ways in which electronic and telecommunication devices may be used in the commission of crime, and the challenges this presents to national and international law enforcement;
  2. the ability to critically investigate, analyse and evaluate, from a comparative perspective, complex national, regional and international responses to specific forms of cybercrime;
  3. enhanced skills of independent research and critical analysis based on knowledge of appropriate research principle and methods; and
  4. the enhanced ability to communicate effectively, both orally an in writing.

Assessment

  1. Preparation of summary paper (750 words): 10%
  2. Class participation: 10%
  3. Take-home examination: 30%
  4. Research assignment (3,750 words): 50%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5619 - European human rights law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Annalisa Ciampi

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Synopsis

This unit will provide an overview of the origin, development and current status of human rights protection in Europe. Its primary focus will be on the European Convention on Human Rights and Fundamental Freedoms, which has established the most sophisticated and successful regional system of human rights protection in the world. The European Court of Human Rights, based in Strasbourg, holds to account member states for violations of the rights and freedoms guaranteed by the convention to over 800 million persons. The second component concentrates on the European Union and how on the basis of a few EU Treaty provisions - now reinforced by the Charter of Fundamental Rights - the Court of justice has fashioned a comprehensive and dynamic system of judicial protection.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding of the European Convention of Human Rights, the case law of the European Court of Human Rights and the Convention's place within the constitutional and political structure of Europe;
  • investigate, analyse and synthesise debates surrounding controversial issues arising under European human rights law;
  • conduct research into issues relating to how the European Court of Human Rights has consistently updated the obligations on member states in the light of changing circumstances, especially social and cultural values; and
  • use cognitive, technical and creative skills to apply general human rights legal principles to specific problems.

Assessment

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 and class paper (1,500 words): 20%

One research assignment (6,000 words): 80%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5620 - Privacy and surveillance in an information age: Comparative law perspectives

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Moira Paterson

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Prohibitions

LAW5343Not offered in 2019

Synopsis

This unit will examine from a comparative perspective, the legal and social issues relating to the protection of individual privacy against the state, the media, companies and other individuals. It will introduce students to comparative perspectives relating to the protection of privacy against intrusions and unauthorised disclosures, and relating to data privacy. In particular, the unit will focus on the challenges posed to privacy by new and emerging technologies. Case studies will be drawn from Australia, the UK, the European Union and the US.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding, from a comparative perspective, of the law relating to the protection of privacy, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning privacy law and of the privacy threats posed by new technologies;
  • investigate, analyse and synthesise complex legal and policy issues relating to the balance between the right to privacy and other rights and interests, including the right to freedom of expression;
  • conduct research into issues relating to the application of comparative law and policy to the rights to privacy and data privacy;
  • creatively solve complex problems relating to privacy, technology, law and policy

Assessment

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.

Take home exam (3,000 words): 40%

Research assignment (4,500 words): 60%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5621 - Mediation and law: From problem solving to narrative building

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Synopsis

The unit explores four models which exist within the field of mediation, and examines their connection with various jurisprudential approaches. Mediation is an alternative method to litigation, in which a third party facilitates negotiation between at least two other parties. Mediation is the paradigmatic alternative to adjudication and its basic principles are unique and different from those of the adversarial model. The course examines the notion of mediation

by referring to four conceptual frameworks to understand it: Traditional communal; Pragmatic problem solving; Humanistic Transformative and Narrative Cultural. Each model of mediation will be studied both in practice and theory, and its relation to jurisprudential streams of thought will be examined. Theories such as legal feminism, legal pluralism, multiculturalism and postmodernism

will be studied as possible foundations for the various models, and their application will be examined critically through the use of case studies, films and simulations. The overall sequence of the course will show the transformation of mediation from a pragmatic efficient alternative to litigation to a public narrative based method for the resolution of public dispute.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding of the relationship between jurisprudential models and ADR, and intercultural aspects of mediation;
  • investigate, analyse and synthesise complex information concerning the theoretical frameworks which underlie the process of mediation and the differences between distinct models of mediation;
  • conduct research into theoretical and practical models of mediation and ADR; and
  • provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

  1. Class participation: 10%
  2. Response paper (750 words): 10%
  3. Research paper (6000 words): 80%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5622 - Human dignity in comparative perspective

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Prof David Lindsay Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=2838&pid=3303)

Not offered in 2019

Synopsis

The unit will begin with a philosophical overview of the concept of human dignity and then enter into a historical examination of why human dignity has emerged as an important constitutional principle in international law and some jurisdictions. International and national experiences with human dignity as a constitutional and/or human rights principle will be critically examined. Particular attention will be paid to the role of human dignity in the so-called Arab Spring and its aftermath.

Outcomes

On completion of this subject, students will be able to:

  • apply knowledge and understanding of the ways in which human dignity is codified and adopted in legal decision-making in select jurisdictions;
  • investigate, analyse and synthesise complex information concerning the various theories and approaches to human dignity;
  • conduct research into theoretical and practical approaches to the use of human dignity in legal decision-making;
  • use cognitive, technical and creative skills in articulating the relationship between human dignity as a legal concept and social, political and economic forces that impact upon the ways in which human dignity is understood and adopted in a given jurisdiction; and
  • provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

  1. Class participation: 20%
  2. Reflective essay (1500 words): 20%
  3. Research paper (4500 words): 60%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5623 - Human rights and the European Union

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Professor Normann Witzleb Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=13449&pid=4408)

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Not offered in 2019

Prerequisites

LAW7470 or an equivalent introductory unit at another university

Prohibitions

LAW7155 or LAW7026

Synopsis

This unit seeks to further understanding of two highly dynamic yet overlapping areas of international law, the legal order of the European Union (EU) on the one hand and Human Rights Law on the other hand. The EU presents itself as a highly developed international organization producing directly applicable law for European citizens and stretching its competences well beyond what most ordinary international organizations have been endowed with to date. But can it also serve as a role model when it comes to human rights protection? To answer this question the course will cover the foundations of EU and Human Rights Law. We will scrutinize various sources of human rights and how they interact with the supranational legal order of the EU. In so doing topical legal developments such as the entry into force of the EU Charter of Fundamental Rights and the forthcoming EU accession to the European Convention on Human Rights will be discussed and evaluated.

Outcomes

On completion of this unit, a student should be able to:

  1. apply knowledge and understanding of the interaction between the EU legal order and International Human Rights Law;
  2. critically assess and evaluate the system of human rights protections operating within the European Union;
  3. investigate, analyse and synthesise complex information from the judgments of the Court of Justice of the EU and the European Court of Human Rights and secondary materials on theoretical and practical perspectives relating to EU human rights law;
  4. use cognitive, technical and creative skills to identify human rights issues in factual scenarios and to develop complex arguments for appropriate legal responses to address these issues;
  5. communicate effectively, both orally and in writing, on complex human rights issues and the system of human rights protection in Europe and internationally; and
  6. reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Assessment

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5624 - Introduction to Islamic law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Nadirsyah Hosen

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Malaysia

  • Trimester 2 2019 (On-campus)

Prerequisites

LAW7470 or an equivalent introductory unit at another university.

Synopsis

In its first part, the unit will consider the nature, characteristics and objectives of Islamic Law and contrast them with other legal systems. In its second part, the unit will explore the historic development of Islamic Law from the time of the Prophet to the era of the Fiqh (Golden Era), as well as its current significance. In the third part of the unit, various branches of Islamic Law are considered in more detail. The focus is on Islamic family law, Islamic banking and takaful, and Islamic criminal law.

Outcomes

On completion of this unit, a student should be able to

  1. apply knowledge and understanding of the nature, sources and fundamental principles of Islamic law;
  2. critically assess and evaluate the role of Islamic Law in the Malaysian legal system;
  3. investigate, analyse and synthesise complex information about certain branches of Islamic law, namely: Islamic family law, Islamic banking and takaful, and Islamic criminal law;
  4. use cognitive, technical and creative skills to identify issues of Islamic law in factual scenarios and to develop complex arguments for the appropriate application of principles of Islamic law to address these issues;
  5. communicate effectively, both orally and in writing, on current issues of Islamic law and the application of principles of Islamic law in Malaysia and internationally; and
  6. reflect on and assess their own capabilities and performance, and make use of feedback on performance to support personal and professional development.

Assessment

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.

Class participation: 10%

One research assignment (3,750 words): 50%

One take-home examination (3,000 words): 40%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5626 - International and comparative insolvency law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Prof David Lindsay

Not offered in 2019

Synopsis

This course will cover the basics of bankruptcy/insolvency law and the general rights of creditors and debtors in various Western nations, i.e. from an international perspective. The course will focus on the core aspects of commercial bankruptcy/insolvency statutes in these countries.

It begins with a review of the key insolvency concepts and provisions set forth by the United Nations Commission on International Trade Law ("UNCITRAL") with primary emphasis on Part Two of the UNCITRAL Guide On Insolvency Law, entitled "core provisions for an effective and efficient insolvency law", including and highlighting its suggested provisions for reorganizations. It will then address the insolvency statutes of the US and selected European regimes. Finally, the course will compare the various statutory provisions in these nations together with their adoption, or not, of the UNCITRAL recommended terms and the effect thereof.

Outcomes

On completion of this subject, students will be able to:

  1. Apply knowledge and understanding of international and comparative insolvency law and practice;
  2. Investigate, analyse and synthesise debates surrounding controversial issues arising under international and comparative insolvency law;
  3. Conduct research into contemporary issues relating to international and comparative national approaches to bankruptcy and insolvency law; and
  4. Use cognitive, technical and creative skills to apply legal principles to specific problems in insolvency law.

Assessment

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. One class paper (1,500 words): 20%
  2. One take-home examination (6,000 words): 80%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5627 - Judgment and decision-making

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Not offered in 2019

Synopsis

"Judgment and Decision-Making" explores the principles of human perception, judgment and decision-making that underpin the legal system. Students will learn about the heuristics and shortcuts that people use to arrive at judgments and decisions, and the possible biasing effects on lawyers, juries, eye-witnesses, and judges. The course challenges students to discover best approaches to advocacy, when voluminous information must be presented to triers of fact. It highlights creative opportunities for evidence, in any matter of law that depends on what members of the relevant population think, believe, or intend to do. Classes are designed to foster high quality discussion and analysis providing an environment conducive to peer interaction and feedback with an emphasis on formative activities.

Outcomes

On completion of this subject, students will be able to:

  1. Apply knowledge and understanding of the principles of human perception, judgment and decision-making used in the legal system;
  2. Investigate, analyse and synthesise complex information about the heuristics and shortcuts that people use to arrive at judgments and decisions;
  3. Conduct research into the best approaches to advocacy, when voluminous information must be presented to triers of fact; and
  4. Use cognitive, technical and creative skills to apply legal principles to specific problems arising from our understanding of the principles of judgment and decision-making.

Assessment

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. Case analysis (1,500 words): 20%
  2. One take-home examination (6,000 words): 80%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5628 - International and comparative trademark law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Mark Davison Research ProfileResearch Profile (http://www.monash.edu/research/people/profiles/profile.html?sid=585&pid=2732)

Not offered in 2019

Prerequisites

LAW7470/LAW5000 Australian legal reasoning and methods or LAW7436/LAW5081 Australian Legal Process and Research or LAW7212/LAW5080 Australian legal system

Synopsis

This unit will provide an overview of the obligations under international law to provide protection to trade marks and a comparison of selected, key aspects of trade mark protection in Australia, the United States and the EU. Consequently, in relation to international law, it will examine the trade mark aspects of the TRIPS agreement (including consideration of geographical indications) and the Uniform Dispute Resolution Policy of ICANN relating to domain names. To a lesser extent, the unit will deal with the Paris Convention for the Protection of Industrial Property and the Madrid Protocol relating to multiple filings of trade mark applications. Selected, key aspects of comparison will include issues such as jurisdiction specific approaches to ownership, the requirements for registrability of trade marks such as shape trade marks and the different approaches to infringement, including dilution of trade marks and parallel importing. Other topics may include the registration and control of domain names. It is likely that, in light of Australian legislation and WTO challenges, the unit will also critically examine the arguments of the tobacco industry that international trade mark obligations prevent the implementation of plain packaging of cigarettes.

Outcomes

On completion of this subject, students will be able to:

  1. Apply knowledge and understanding of the law relating to trademarks both internationally and in relation to selected jurisdictions, notably, Australia, the United Kingdom and the United State, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning key areas of international and comparative trademark law;
  2. Investigate, analyse and synthesise complex information concerning the application of selected areas of trademark law, both internationally as manifested in the major international treaties of TRIPS and the Paris Convention and in the selected jurisdictions;
  3. Conduct research into issues relating to the application of comparative law and policy to trademark law; and
  4. Use cognitive, technical and creative skills to solve complex problems relating to trademark law and policy.

Assessment

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: 10%
  2. One assignment (750 words): 10%
  3. One research assignment (6000 words): 80%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.


LAW5630 - European and international monetary law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Prof David Lindsay

Not offered in 2019

Synopsis

This unit is divided into three main sections: interdisciplinary introduction to money and currencies; international monetary law; and European monetary law. The first section will explain the interdisciplinary fundamentals of money and currencies, including the historical background, economic theories and the role of law. The second section will introduce international monetary law, focusing on the work and functions of the IMF, which has played an increasingly major role in addressing global financial and sovereign debt crises. The third section will cover the monetary integration process in Europe, and a thorough examination of the European Monetary Union (EMU). The unit will conclude with a critical assessment of the much-debated recent developments within the EMU set in motion by the European sovereign debt crisis, including the implications for countries such as Greece and Germany.

Outcomes

On completion of this Unit, students will be able to:

  1. Critically examine and evaluate the principles underpinning European and international monetary law;
  2. Investigate, analyse and synthesise complex information about the history, institutions and implications of European and international monetary law;
  3. Conduct research into fundamental legal problems of international monetary relations; and
  4. Use cognitive, technical and creative skills to apply legal principles to problems relating to European and international monetary law.

Assessment

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 paper (1,500 words): 20%
  2. Research essay (6,000 words): 80%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5631 - Lawyers, literature and cinema

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Prerequisites

LAW7470/LAW5000 or LAW7212/LAW5080

Synopsis

The representation of Law and lawyers within popular culture is one of the most important, but underappreciated, dimensions of the legal profession, of practice, and of the practical negotiation of legal ethics. The 'social status' of the lawyer within the wider culture is one of the dominant factors governing the student's decision to enter (or not to enter) law school. Furthermore, the dissemination of judicial procedure and dispute resolution through popular culture and the mass media is one of the primary means of both enforcing and challenging the legitimacy of Law and its practitioners within the broader community.

Within the diverse representations of Law offered by popular culture both literature and cinema are of special significance. Literature, both 'elitist' (Kafka; Camus) and 'popular' (Thurow; Grisham) is one of the primary mediums for the critical examination of legal reasoning and the nature and ethics of practice within the wider culture, often revealing subversive and confronting truths normally suppressed by conventional legal education and training. Cinema, along with television, is one of the leading arenas for the formulation of the social consensus concerning the nature of Law and lawyers, often artistically re-staging the processes of legal reasoning and dispute resolution so as to both critique and affirm the legitimacy of legal culture.

This unit will examine all of these issues through a critical analysis and discussion of a number of the seminal 'texts' within both the literature and cinema of Law.

Outcomes

On completion of this unit students will be able to:

  1. identify, synthesise and apply advanced knowledge of key concepts relating to Law and Literature and Law and Film;
  2. demonstrate sophisticated intellectual and creative skills to identify and evaluate leading problems in the field of Law and Literature, the complexities of the relationships between legal culture and popular culture, and the public perception and representation of lawyers and legal practice;
  3. conduct independent research into issues of critical legal theory, film study, and literary criticism based on knowledge of appropriate research principles and methods; and
  4. communicate the research findings effectively and persuasively.

Assessment

  1. Two reflective essay questions (1500 words each): 20% each (Total: 40%)
  2. One research paper (4500 words): 60%

    The standard of the marking of the assignments of PG students will be in strict accordance with the University regulations concerning the assessment of graduate students.

Workload requirements

Students will be required to attend 36 hours of lectures, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course. This will also include the reading of the assigned novels and the viewing of the assigned films.


LAW5632 - International information and media law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Assoc Professor Normann Witzleb Research ProfileResearch Profile (https://www.monash.edu/research/people/profiles/profile.html?sid=13449&pid=4408)

Unit guides

Offered

Malaysia

  • Term 3 2019 (On-campus block of classes)

Synopsis

Information and media content are potentially ubiquitous, whereas regulation, culture and context are generally not. This makes conflicts between different regulatory schemes inevitable. The conventional legal solutions of resolving jurisdictional conflicts, which have been designed for an offline world, are not sufficient to deal with the problems of the information age. The unit will survey the legal and regulatory approaches currently operating to resolve conflicts in the global exchange of information and media content. The different legal domestic approaches, and their interrelationship with emerging regional governance structures, will be critically examined.

In the first part, the existing concepts of conflicts of law will be analysed and specific approaches (cyber law, setting of international standards, global media governance etc.) will be discussed, including the international institutions (WRC, ITU, ICANN) and dispute resolution fori (WTO, WIPO).

The second part of the unit will explore the human rights context. Freedom of speech, freedom of the press, and of the media generally, can clash with other human rights such as privacy, data protection, and personality rights. Even though human rights are universal, the way conflicting human rights are balanced will reflect the cultural context and diversity of legal systems.

The third part will shift the focus to the media and information industry. Media content and information must also be seen from a business perspective and, when disseminated across borders, have regard to international business law. Intellectual property and international trade agreements are important levers for the protection of local culture and other domestic interests.

The fourth and final part will deal with information-related crimes, such as copyright violations, propaganda, pornography and child abuse, as well as with information warfare.

Outcomes

On completion of this unit, a student should be able to:

  1. Identify, articulate and evaluate conflicts in the regulation of cross-border media activity and of other information flows as well as the relevance of cultural context and diversity in such conflicts;
  2. Distinguish and evaluate different types of conflicts and regimes according to the technological context;
  3. Critically assess relevant policies and principles, including regulatory strategies and mechanisms, at international, regional and domestic level;
  4. Demonstrate sophisticated intellectual and creative skills to research, interpret and synthesise relevant legal and policy responses, and to apply them to complex factual problems involving cross-border media activity and information flows;
  5. Communicate effectively and persuasively, both orally and in writing, on issues of international media and information laws; and
  6. Reflect on and assess their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development.

Assessment

  1. Class participation: 10%
  2. Take Home Examination (3,000 words): 40%
  3. Research Assignment (3,000 words): 40%
  4. Presentation of outline in class: 10%

Workload requirements

Students will be required to attend 36 hours of class, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the unit.


LAW5633 - Contemporary workplace relations law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Synopsis

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 comparator countries of Australia, United States, Canada, 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 the comparator countries; 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 the comparator countries.

Outcomes

On completion of this unit students will be able to:

  1. apply knowledge and understanding of the importance of international conventions and domestic legislation in relation to industrial dispute settling and setting minimum terms and conditions of employment in comparator countries of Australia, United States, Canada, United Kingdom and Europe and the impact of constitutional powers in establishing workplace relations systems;
  2. investigate, analyse and synthesise complex information and problems, concepts and theories in relation to the legal nature of collective or enterprise bargaining and the role of industrial action in bargaining for terms and conditions of work and how minimum standards for workers are set and enforced in the comparator jurisdictions;
  3. conduct research in the law relating to the protection of workplace rights, including the right to bargain collectively and the freedom to choose whether or not to join a union, in the comparator jurisdictions; and
  4. use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to contemporary workplace relations law and new and emerging contemporary problems in that field.

Assessment

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%

Class Participation: 10%

Report (1500 words): 20%

Research assignment (4500 words): 60%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5634 - Global economic law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Marilyn Pittard

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Prohibitions

LAW5394 Globalisation and International Economic Law

Synopsis

The rapidly increasing rate of globalisation of economic activity over the past few decades has dramatically altered the nature and dimensions of global economic transactions and engagement. It has also challenged the capacities of national governments to regulate economic activity within their domestic domains.

The post-World War II trading rules (including GATT), along with the lower cost of international transport and the advent of the internet have facilitated the rapid growth of global economic activity, and the growth of international corporate behemoths. This has brought about substantial economic benefits to many, and assisted with lifting millions of people out of poverty. However, this has come at the expense of lowered competition through the growth of global monopolists (or near monopolists), the exploitation of labour and the environment, and increased tax and regulatory evasion, as national governments struggle to regulate cross-border activities. These trends are placing strains on domestic consensus about the benefits of economic globalisation, which is evident in the rise of nationalistic movements in various countries, including those in developed countries.

This unit engages students in critical discussion and evaluations about the nature and form of these developments, the key global arrangements and institutions involved, the costs and benefits of these developments, and ways in which reforms could be undertaken.

Students will actively engage in analysis and debate about:

  1. global trading arrangements and institutions (GATT, WTO and free trade agreements);
  2. global financing arrangements and institutions (IMF, Bank of International Settlements, and the resolution of international investment disputes settlements - the ICSID);
  3. the possibilities for global regulation of the exploitation of labour and the environment and access to medicines; and
  4. global policy making institutions and organisations, including the G20, OECD, UNCTAD, UNCITRAL, Davos and NGOs.

Outcomes

At the successful completion of this unit, regarding the matters of analysis and debate referred to in section 10, students will be able to:

  1. identify and articulate complex legal;
  2. apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;
  3. engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and
  4. demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses;
  5. demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research,evaluate and synthesise relevant factual, legal and policy issues;
  6. communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and
  7. collaborate effectively

Assessment

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: 10%

Class presentation: 25% (recorded: 20 minutes)

Research assignment: (4875 words): 65%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5635 - Contemporary issues in international sports law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Nadirsyah Hosen

Unit guides

Offered

Malaysia

  • Trimester 2 2019 (On-campus block of classes)

Prerequisites

None

Co-requisites

None

Prohibitions

LAW5438Not offered in 2019, LAW4340

Synopsis

International sport has always been a source of social capital and national pride. Over the last few decades it also has evolved into a significant commercial industry and vehicle for international diplomacy. As international sports' social, cultural, economic and political importance has grown and evolved, so too have the points at which it intersects with the law, with the result that legal issues concerning doping and drugs; match fixing and corruption; competition and anti-discrimination; and athlete health, safety and welfare, are as likely to occupy the attention of the world's press as are the achievements of the athletes themselves.

This Unit engages students in critical discussion, analysis and debate about these important contemporary legal issues. Applying a comparative law perspective - and employing case studies drawn primarily from Australia, Europe and the United States - students will explore how different societies' perception of sport and legal traditions influence the development and application of law to sport. Students also will examine how international sporting issues expose the limitations of national regulatory regimes, and have led to the creation of transnational regulatory bodies and international dispute resolution mechanisms that themselves have become a source of controversy and scandal - leading to an examination and analysis of these institutions and the manner and extent to which they are held accountable.

Outcomes

On completion of this Unit, students will be able to:

  • Apply knowledge and understanding, from an international and comparative perspective, of the manner with which the law has evolved and adapted in its application to sport and, in so doing, demonstrate sophisticated awareness of the extent to which sport's 'specificity' (its unique social, cultural and political standing and need for 'competitive balance') has modified the application of traditional legal concepts to it;
  • Investigate, analyse and synthesize complex legal and policy issues impacting the evolution of the application of the law to sport, including balancing protection of the 'integrity and spirit of sport' with athlete rights; commercial interests with societal interests; and competition with competitive balance;
  • Conduct research into a contemporary international sporting issue to: identify relevant factual, legal and policy issues; critically evaluate the existing legal and regulatory regimes; and though the application of legal reasoning, critical analysis and their cognitive and creative skills, generate appropriate jurisprudential and practical responses and/or reforms;
  • Collaborate and communicate in ways that are effective, appropriate and persuasive for both legal and non-legal audiences.

Assessment

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%

Preparation of case note: (1500 words) 20%

Research assignment: (5250 words) 70%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5636 - EU external relations: Law and policy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Prerequisites

LAW7470/LAW5000 or LAW7212/LAW5080

Synopsis

The unit will examine the European Union's external dimension and its competences in various policy fields. The first part of the unit will provide an overview of the development, law and politics of the EU as an international organisation. The second part will consider the EU's current role and reach in the international sphere, in particular its (international) legal personality of the Union, the division and nature of the Union's external competences, and its relationship in this sphere vis--vis its member states and third parties. The third part focuses on the EU's international law making competences in various policy fields, such as trade and investment, with a particular focus on Asia and Australia; and the Common Foreign and Security Policy. In its final part, the unit will critically assess some of the challenges for the future development of the EU's foreign relations law and policy.

Outcomes

On completion of this unit, students will

  1. Demonstrate knowledge and evaluation of the legal foundations of the EU's international relations and foreign policy making in a system of multi-level governance (member state, EU and international level)
  2. Describe and assess the development of the Union's external policy and treaty-making competences in selected fields, such as trade and investment or anti-terrorism
  3. Research, synthesise and interpret a) the case law of the CJEU; b) the practice of the EU institutions c) relevant academic literature and apply the results of the research to the specific issues under reflection
  4. Critically assess, and communicate both orally and in writing, developments and challenges of the EU's external relations law and policy-making in the current social, political and economic climate
  5. Reflect on their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development.

Assessment

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: 10%

Group presentation in class: 20%

Written submission (1500 words): 20%

Take Home Examination (3,750 words): 50%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5637 - Asian legal systems

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Nadirsyah Hosen

Unit guides

Offered

Malaysia

  • Term 3 2019 (On-campus)

Prerequisites

LAW5000 or LAW5081 or LAW5080 or equivalent

Synopsis

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.

Outcomes

At the successful completion of this unit, students will be able to:

  • demonstrate an advanced understanding of the main and current issues of the Asian legal systems;
  • identify and articulate complex legal issues in which economic, political, cultural and ethical values shape the development of law in Asia;
  • articulate and critically compare aspects of Asian law and legal institutions with Australian counterparts;
  • recognise and reflect of how Australian lawyers might adapt when dealing with Asian legal institutions and legal professionals; and
  • improve legal research and writing skills

Assessment

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: 10%

One research assignment (3750 words): 50%

One take-home examination (3000 words): 40%

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5638 - Climate change and international law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Not offered in 2019

Prerequisites

LAW5000 or equivalent

Synopsis

Climate change has been described as the defining legal and policy challenge of the 21st century. This unit provides an introduction to the international legal response to this challenge. It examines critically the emergence of climate change as a public policy problem, the relationship between climate science and climate policy, and the negotiation, content and implementation of international legal instruments related to climate change. It will not consider national, sub national or non-governmental approaches to climate change. Topics to be addressed include:

  • the causes and impacts of, and trends in, global climate change;
  • the problem of scientific uncertainty and its implications for international climate change law;
  • the main options for and obstacles to mitigation of and adaptation to climate change, and the relationship between mitigation and adaptation;
  • the international politics of climate change, including the differing positions, interests and priorities of developed and developing states and the special challenges facing particularly vulnerable states and communities;
  • the negotiation, content and implementation of the United Nations Framework Convention on Climate Change and the Kyoto Protocol, including Joint Implementation, the Clean Development Mechanism, international emissions trading, financial assistance and technology transfer;
  • key issues and developments in the negotiation and implementation of a post-Kyoto international climate change agreement;
  • the role and meaning of the concepts of state sovereignty, common concern of humankind, sustainable development, common but differentiated responsibilities, intra- and inter-generational equity, the precautionary principle, and climate justice in the international climate change legal regime;
  • key issues, options, proposals and rules surrounding the incorporation of land use and forestry into the international climate change regime, including Reduced Emissions from Deforestation and forest Degradation (REDD);
  • compliance, enforcement and dispute settlement in the international climate change regime;
  • interactions between the international climate change regime and international regimes related to ozone depletion, biodiversity, law of the sea, human rights, and international trade; and
  • options and prospects for a transition to a carbon-free or low-carbon future.

Outcomes

At successful completion of this unit, students should be able to:

  1. understand the causes and impacts of, and trends in, global climate change;
  2. apply knowledge of, and evaluate critically, the main options for and obstacles to mitigation of and adaptation to climate change, and the relationship between mitigation and adaptation;
  3. discuss critically the international politics of climate change, including the differing positions, interests and priorities of developed and developing states and the special challenges facing particularly vulnerable states and communities;
  4. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the protection the main features of the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
  5. discuss critically the key issues in the negotiation and implementation of a post-Kyoto international climate change agreement, and evaluate critically the main features of any such agreement;
  6. understand and critically evaluate the concepts of state sovereignty, common concern of humankind, sustainable development, common but differentiated responsibilities, intra- and inter-generational equity, the precautionary principle, climate justice, compliance and enforcement, and apply them to the problem of climate change;
  7. identify and articulate the major interactions between the international climate change regime and international regimes related to ozone depletion, biodiversity, law of the sea, human rights, and international trade;
  8. undertake research in climate change and international law, and use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the options and prospects for a transition to a carbon-free or low-carbon future; and
  9. demonstrate the intellectual and practical skills needed to identify, research, evaluate and synthesise relevant factual, legal and policy issues and generate new ideas and options by preparing for and participating in role-playing simulations of international climate change negotiations.

Assessment

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.

Evaluation will be by a variety of methods. A substantial portion of the assessment will be based on group work for which each member of a group receives the same mark.

  1. Participation: 10%;
  2. Group assignment (1500 words): 20%;
  3. Role-playing negotiation exercise (conducted in 3 parts): Part 1: 10%, Part 2: 10%, Part 3: 10%;
  4. Research assignment (3000 words): 40%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5639 - Comparative indigenous rights

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Not offered in 2019

Prerequisites

LAW5000 Australian legal reasoning and methods

LAW5001 Principles of criminal law and procedure

LAW5002 Principles of contract law A

LAW5003 Principles of torts

LAW5004 Principles of public law and statutory interpretation

LAW5005 Principles of contract law B

LAW5006 Principles of property law

LAW5007 Principles of constitutional law

LAW5008 Principles of equity

LAW5009 or LAW5018 Advanced property law

LAW5010 Principles of trusts

LAW5011 or LAW5016 AND LAW5017 Principles of company law

LAW5012 Principles of evidence

Prohibitions

LAW5348 Indigenous rights and international law

LAW5451 Indigenous people and the law

Synopsis

The unit is a comparative law unit, analysing and discussing the rights of Indigenous peoples in Australia, Canada, New Zealand, and the United States. The main topics to be covered are Indigenous sovereignty, European acquisition of sovereignty, land and resource rights, self-government, and constitutional issues. The course will be taught from a critical perspective, comparing and assessing the treatment of Indigenous rights in the four jurisdictions.

Outcomes

On completion of the unit students will be able to:

  1. Apply knowledge and understanding of the rights of Indigenous peoples in Australia, Canada, New Zealand, and the United States, with creativity and initiative to new situations in professional practice and/or for further learning
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the protection of Indigenous rights in four jurisdictions.
  3. Conduct research in, and compare and assess, the treatment of indigenous rights in four jurisdictions based on knowledge of appropriate self-government and constitutional issues, property law, and 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 rights of Indigenous peoples.

Assessment

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. Seminar presentation: 10%
  2. Report (1125 words): 15%
  3. Research assignment (5625 words): 75%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5640 - International and transnational law and the green economy

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

Not offered in 2019

Prerequisites

LAW5000 Australian legal reasoning and methods

LAW5001 Principles of criminal law and procedure

LAW5002 Principles of contract law A

LAW5003 Principles of torts

LAW5004 Principles of public law and statutory interpretation

LAW5005 Principles of contract law B

LAW5006 Principles of property law

LAW5007 Principles of constitutional law

LAW5008 Principles of equity

LAW5009 or LAW5018 Advanced property law

LAW5010 Principles of trusts

LAW5011 or LAW5016 AND LAW5017 Principles of company law

LAW5012 Principles of evidence

Synopsis

In a world facing potentially devastating impacts from climate change, such as drought, hunger, population displacement and economic decline, the global community has struggled to find consensus on how to avoid such impacts while continuing to achieve economic development. The goals of sustainable development and a "green economy" require technology innovation and diffusion, especially to developing economies. However, these goals conflict with the direction of international intellectual property regimes.

The trend in international environment law is towards greater collaboration, sharing of knowledge, transfer of clean technology, whereas the trend in international IP law, especially in the relevant area of patent law, is the opposite - tending towards enhancing IP rights without providing for effective mechanisms to address pressing environmental concerns. International trade agreements, most notably the WTO, have contributed to the increasing divergence of objectives in relation to IP on the one hand and environment on the other

This unit will examine the intersection - conflicts, challenges and opportunities - between international IP, international environmental and international trade laws. It will identify the points of conflict and incompatibility and will study national, transnational and private initiatives that seek to transcend the challenges and achieve mutual goals.

Outcomes

On completion of this unit, students should be able to:

  1. Identify and evaluate the context and foundational doctrines and principles of international environmental law and international intellectual property law
  2. Recognize and have a deeper understanding of the areas of conflict, challenges and opportunities between international IP, international environmental and international trade laws
  3. Reflect critically on the roles that intellectual property rights and international trade rules play in fostering or inhibiting innovation including in the area of green technology
  4. Research and critically assess the existing context and the opportunities for the development of national and international laws to promote a global green economy
  5. Learn from each other in a cross-disciplinary and multi-jurisdictional perspective about strategies and models for legal development to promote the desired ends.

Assessment

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. Seminar presentation: 25%
  2. Research assignment (5625 words): 75%

    Seminar presentation would require the student to lead part of a class and facilitate group and class discussion. Both professors teaching the unit would be present for the class presentation so that requirements of mark verification would be met.

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5642 - The global lawyer

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Not offered in 2019

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

Synopsis

This unit focuses on building professional capacity to engage in international, supranational, and transnational legal practice. It seeks to make students aware of the opportunities as the role of traditional lawyering is broadened, as well as the ethical concerns and responsibilities of being a global, digital lawyer. It introduces the fundamentals of global legal systems and develops the skills to embark upon legal practice across different cultures and systems, including interacting ethically with clients and lawyers from diverse jurisdictions. 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. The unit also equips students to harness digital technologies in the globalisation of legal practice, and to deal with the challenges they pose to the traditional understanding of key legal concepts and to the lawyer's professional identity. Issues such as the changing use of digital technology, modern understandings of privacy and control over information, copyright and ownership of data, and issues of data retention, data security, legal informatics and legal professional ethics will be considered.

Outcomes

  1. Draw on professional experience and theoretical frameworks to analyse the role of the lawyer within diverse legal systems in the face of globalisation
  2. Synthesise diverse constructs of inter/trans/supra-national legal practice to critically analyse the impacts of 'borderless legal practice' upon professional ethics and accountability
  3. Critically analyse the challenges likely to arise in legal practice from the increasing use of digital technologies

Assessment

Class participation: 10%

Law firm brochure or LinkedIn page: 30%

Critical analysis task (digital media) 60%

Workload requirements

The unit is taught over four days, six hours each. It is hands on and interactive. Students will work in small groups on in-class activities that incorporate allocated readings and students' professional experience.


LAW5644 - Sovereignty and globalisation

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Richard Joyce

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

Synopsis

This unit will examine the relationship between sovereignty and globalisation from the 'discovery' of the Americas, to the emergence of the nation-state and popular sovereignty, 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 how this question shapes and is shaped by the allocation of legal, political and economic power in the world.

Outcomes

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.

Assessment

  1. Class participation: 15%
  2. Draft essay plan and preliminary bibliography (1875 words): 25%
  3. Research essay (4500 words): 60%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.


LAW5645 - Conventional and islamic international banking and finance law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Associate Professor Emmanuel Laryea
Dr Adnan Trakic

Not offered in 2019

Synopsis

This unit examines the development, operation, and regulation of the contemporary

conventional and Islamic international financial systems and markets, the transactions that are

conducted within those, and the instruments and structures used. It will examine the interplay

of conventional and Islamic banking and finance concepts, techniques and systems, and how

potential legal problems presented by their interplay can be overcome or managed. The

banking and capital markets of Australia, Malaysia, the United States and Europe will be

considered, also with reference to the Global Financial Crisis of 2008 and Asian Financial Crisis

of 1997. Topics covered will include capital adequacy, payment systems, syndicated lending,

securitisation, bond issues, derivatives, regulatory framework for Islamic financial institutions

and Islamic finance, contracts in Islamic finance, and dispute resolution in Islamic finance.

Outcomes

On successful completion of this unit students will be able to:

  1. Apply knowledge of recent developments in conventional and Islamic international banking and finance law, and regulation in various situations,

    including in advising clients.

  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to conventional and Islamic international banking and

    finance law

  3. Effectively apply problem solving strategies to identify, consider and resolve problems relating to conventional and Islamic international banking and finance

    law

  4. Conduct research in international banking and Islamic finance law and regulation based on knowledge of appropriate research principles and methods

Assessment

Presentation of research proposal (10%)

Written research assignment (3,000 words): 40%

One take-home examination (3,750 words): 50

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester

whether intensive, semi-intensive, or semester-long offering. Students will be expected to do

reading set for class, and to undertake additional research and reading applicable to a 6 credit

point unit.

This unit applies to the following area(s) of study


LAW5647 - Contemporary issues in public policy, regulation and the law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Graeme Hodge

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Prerequisites

The achievement of at least twelve units or 72 credit points towards Juris Doctor.

Synopsis

Over the past century, citizens have progressively sought a more civilized and less risky world as well as a stronger economy. As capitalism has deepened, so has regulation grown. Society now appears more concerned than ever about risks, and this leaves governments facing new challenges when making laws and formulating public policies. Many contemporary policy issues exist, such as better regulating finance; ethical food production, enabling a free yet accountable media, controlling 3D printed guns or living with automated road vehicles. All challenge the modern state and its law. Students explore how the concept of 'regulation' has expanded beyond the traditional legal notion of rules promulgated by a sovereign state, to include all tools aiming to alter or control the behaviour of people and other entities. Using case studies from the United States, Australia and Europe, a comparative perspective engages students in critical discussion, analysis and debate on contemporary issues. Students examine theories, concepts and constructs in modern liberal capitalist societies. They also acknowledge the limitations of various traditional hard and soft regulatory regimes as we investigate the function of law in pursuing public policy goals.

Outcomes

  1. Apply knowledge and understanding, from an international and comparative perspective, of public policy processes and regulatory approaches to current controversies in regulation and in so doing, demonstrate sophisticated awareness of abstract and complex concepts along with a range of theoretical rationales for these activities.
  2. Investigate, analyze and synthesize complex information, problems, concepts including critically evaluating the veracity of public policy and regulation theories and models based on knowledge of appropriate concepts from law, sociology, economics and political science.
  3. Conduct research into contemporary domestic and international issues in public policy and regulation using technical and creative skills to generate, analyze and critically evaluate regulatory regimes and policy positions in order to develop appropriate jurisprudential, policy and regulatory responses and reforms.

Assessment

Class participation 10%

One research assignment (3,000 words): 40%

Research assignment in-class presentation: 10%

One take-home examination (3,000 words): 40%

A formal hurdle requirement to attend 80% of seminars in this unit exists.

Workload requirements

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.


LAW5648 - Comparative commercial transactions law

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Marilyn Pittard (Prato Convenor)

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Prerequisites

The achievement of at least twelve units or 72 credit points towards the Juris Doctor.

Prohibitions

LAW5419

Synopsis

This unit introduces students to the legal issues relating to transactions undertaken by companies in order to borrow money for their activities. The unit is in two parts. In the first part of the unit, measures of obtaining finance are examined in light of the main principles of the law of secured transactions. The unit undertakes comparisons of jurisdictions and compares the American Uniform Commercial Code and Australian legislation, the Personal Property Securities Act 2009 (Cth), to the law in England and in Israel. The second part of the unit focuses on the law of assignment of debts and raising money through factoring and securitisation.

Outcomes

On completion of the Unit, students will be able to:

  1. Outline and explain the main principles and policies of the fields of security interests and assignment of debts
  2. Apply the law of secured transactions and the rules of security interests and assignment of debts to complex legal issues
  3. Evaluate and compare modern techniques of raising money
  4. Research the law of secured transactions and the rules of security interests and assignment of debts

Assessment

Class participation: 10%

Presentation on topic/issue: 10%

Report (written report from class presentation) (1500 words): 20%

Research assignment (4500 words): 60%

Note: an attendance hurdle of 80% of classes applies to Prato units. This means that students who fail to attend at least 80% of the classes (ie who, for most units, miss more than 2 classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to illness or other exceptional circumstances must make an application for in-semester special consideration.

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

  1. hours at Prato)

LAW5649 - Law in the age of artificial intelligence

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Associate Professor Janice Richardson

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Second semester 2019 (On-campus)

Synopsis

The different ways in which Artificial Intelligence continues to disrupt both law and the legal profession are well publicised. In this unit, we take a closer look at the legal, ethical and political problems of the day that result from AI. Who wins and who loses in the age of artificial intelligence? The content will change as different problems and attempts at legal solutions arise. This is therefore indicative content:

  1. The future of the Legal Profession as it incorporates AI: the extent to which AI will aid or replace some para-legals or even some lawyers; will produce alternatives to dispute resolution though the courts and will address problems of access to justice. For example, there is an algorithm that has allowed users to overturn 160,000 parking tickets is that of the website: https://www.donotpay.com/. Richard Susskind (2017) has argued that there will be a completely different model of legal practice arising as a result of AI and his arguments will be analysed.

    The legal profession will be understood within a broader context by taking a closer look at the regulating of the future of work, including: the threat to the middle classes from a "fourth industrial revolution"; the gig economy; the minimal protection of privacy and surveillance in the workplace. This will include an analysis of the impact of IT on recruitment and promotion.

  2. Specific areas of legal changes;
    1. Torts Law - For example: changes in civil legal procedure e.g. discovery stage using data mining; privacy issues in common law or statute; regulating the economic use of digital remains: civil regulation of digital afterlife Industry; AI as legal persons.
    2. Criminal law: The use of AI to decide where to police, for example this is being used in NSW (see Gifford (2018 below); the impact of algorithms for sentencing and bail decisions and the concerns about racism built into these algorithms, where they have been used in US.
    3. Family Law: The use of AI and surveillance as part of domestic abuse.
    4. Public law: The implications of AI for democracy; the use of Big data to try to influence the electoral process: the case of Cambridge Analytica; the use of AI in state decision-making such as welfare; state regulation and Tech Giants.

Outcomes

On completion of this unit, students will be able to:

  • demonstrate knowledge and evaluation of the impact of AI on law and the legal profession;
  • assess relevant academic literature and apply the results of the research to the specific issues under review;
  • critically assess, and communicate both orally and in writing, developments and challenges in relation to AI and the law;
  • reflect on their own capabilities and performance, and make use of feedback on their classroom performance to support personal and professional development.

Assessment

Group presentation in class (20%), with written submission of 1500 words: 20%; and

Take Home Examination (4500 words): 60%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).


LAW5650 - Legal tech studio

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Rachel Kessel

Unit guides

Offered

City (Melbourne)

  • Term 4 2019 (On-campus)

Prerequisites

For students enrolled in the Juris Doctor, completion of 72 credit points of core units.

Synopsis

The purpose of this unit is to introduce students to the current and emerging legal technologies to enhance their employment prospects in the current legal services market. This Legal Tech Studio unit is focused on understanding how innovation is operationalised in legal practice. Students will work collaboratively to develop a web based application that solves a contemporary legal issue. Law students will develop technological and entrepreneurial skills and apply the knowledge they have already gained in a practical setting. Teams will first create a meaningful and beneficial design question, and then carry out systematic research to develop and deliver a solution that meets industry standards. Throughout this innovation process, students will need to communicate ideas, knowledge and findings effectively and professionally to a range of stakeholders, from IT, business, marketing and legal backgrounds.

Outcomes

At the completion of this unit, students should be able to:

critically analyse complex information relevant and identify information requirements interpreting how they may be of benefit to an organisation or a community;

analyse and evaluate the underlying principles and reasons underpinning each aspect of the innovation development process, proposing the need for and then using, a context-driven methodological approach to deliver;

differentiate and synthesise the interrelated roles and responsibilities of all stakeholders of a project and assess and analyse why these roles are important for a successful project;

apply, in an industry standard setting, new concepts as well as aspects of theoretical approaches already learned, selecting the most appropriate fit for a specific situation and the rationale for that selection applying investigative research;

demonstrate discernment and judgment in effective two-way communication to all stakeholders/audiences, both specialist and generalist, by using innovative, relevant and meaningful mechanisms to disseminate knowledge and ideas;

contrast and apply the most suitable professional practice skills on issues relevant to the chosen area of practice and operate effectively as a member of that practice team; and

evaluate, assess and communicate both personal and team progress and learning, thus engaging in meaningful reflective practice of oneself and the outcomes and process of the projects.

Assessment

Studio Design Proposal (3,500 words) 50%

Oral Presentation at the End of Trimester 'Expo' 40%

Reflective journal (1000 words) 10%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)


LAW5651 - Human rights and migration in comparative perspective

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

TBA

Unit guides

Offered

Malaysia

  • Trimester 2 2019 (On-campus)

Prohibitions

LAW5465

Synopsis

This unit focuses on the human rights dimensions of migration from an

international and comparative perspective. The international movement of

people poses one of the greatest challenges to the existing regime of

international human rights. The unit examines human rights obligations in

relation to migration and the obstacles to realising human rights in the context

of global mobility. Case law of the Human Rights Committee, the

InterAmerican Court and the European Court of Human Rights with regard to

migration issues (e.g. family migration, border control) will serve as the

starting point. The unit covers legal, theoretical and sociological insights

related to migration and human rights. It examines the challenges involved in

creating a human rights-based approach within current institutional and

national frameworks governing migration.

Outcomes

On completion of this unit students will be able to:

  1. Explain the essential features of Human Rights Law in the international legal order and its relevance for migration;

  2. Communicate effectively both orally and in writing, on information, problems, concepts and theories in relation to migration and human rights from

    a comparative and international perspective;

  3. Critically assess the system of human rights protections operating within migration context including challenges in protecting and enforcing

    human rights conventions in the context of migration;

  4. Undertake research into and analyse judgments of InterAmerican Court and the European Court of Human Rights and related secondary materials;

  5. Identify human rights issues in factual migration scenarios and use legal reasoning skills to develop arguments for appropriate legal responses to address

    migration issues;

  6. Conduct independent research on issues related to migration with reference to international human rights norms, based on knowledge of

    appropriate research principles and methods; and

  7. Reflect on and assess their own capabilities and performance, and make use of feedback on their classroom performance to support personal and

    professional development.

Assessment

  1. Presentation in a moot court-setting: 25%
  2. One research assignment (1875 words): 25%
  3. One take-home examination (3,750 words): 50%

Workload requirements

Students enrolled in this unit are expected to attend 36 contact hours of

seminars over the duration of this semi-intensive unit. Students will be

expected to do reading set for class, and to undertake approximately an

additional 90 hours of private study, including reading, class preparation,

assignment preparation and revision time over the duration of the course.


LAW5652 - The judiciary in comparative perspective

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor HP Lee

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus)

Synopsis

The unit will include comparative law content and builds on the content of LAW4523

The contents of the unit will be varied depending on topical issues pertaining to the judiciary as they arise from time to time. But it would include many if not all of the following:

The Judiciary as a branch of government. This will entail an exploration of the concept of judicial independence and its interrelationship with the doctrine of separation of powers. It will focus on the standards for judicial independence as prescribed by international instruments. The relationship with other branches of government will be analysed.

Appointment of Judges and Conditions of Service This topic will examine on a comparative basis judicial appointment processes and the criteria for judicial appointment. The implications of appointing acting, reserve and part-time judges, the conditions of service, judicial education and disputes about entitlements

to hold and exercise judicial office.

Removal, Suspension and Discipline of Judges What constitutes 'judicial misbehaviour'? A study of removal mechanisms from various jurisdictions and the grounds for removal from judicial office. The constitutional dimensions of suspension of judges. Mechanisms to deal with complaints against judges with particular attention to the Judicial Officers Act 1986 (NSW).

Judicial Officers and the Rule Against Bias Disqualification of judges and recusals. Public Interest and Private Interest and Codes of Ethics. The involvement of judges in extra-curial activities will be considered,

especially conducting commissions and committees of inquiry.

Modes of Protecting the Judicial Institution A general consideration of contempt of court and attacks on the judiciary. Criticism of the judiciary and the proper limits. Offences relating to the administration of justice. The scope of judicial immunities. Parliamentary conventions relating to the judiciary.

Judicial Accountability The concept of accountability. Meaning of 'open' court. A duty to give reasons;appeals and reviews. The relationship between the courts and the media. Judicial involvement in public

controversies.

Outcomes

  1. Critically analyse and extract 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, reflect and summarise upon ethical issues and contemporary challenges relating to the Australian judiciary from a comparative perspective

  3. Engage in critical analysis and practice making reasoned choices pertaining to dilemmas confronting judicial officers

  4. Discover, research, evaluate, elucidate and synthesis contemporary constitutional, legal and policy issues concerning the Australian judiciary

  5. Express and communicate effectively, appropriately and persuasively on issues pertaining to the judiciary from a comparative perspective

  6. Develop the skills and requirements to be able to learn and work with autonomy, independence and professionalism.

Assessment

10% class participation; 30% take-home exam (2250 words); and 60% research assignment (4500 words)


LAW6300 - Doctor of Juridical Science seminar

12 points, SCA Band 3, 0.250 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Associate Professor Julie Debeljak

Coordinator(s)

The Director or Convenor, Higher Degree by Research

Unit guides

Offered

Clayton

  • First semester 2019 (On-campus block of classes)
  • Second semester 2019 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Synopsis

This unit is for students in the Doctor of Juridical Science (SJD) who have completed the required standard of the coursework component. SJD students must complete this compulsory unit prior to commencement of the research component.

The seminar will introduce students to advanced legal research techniques, empirical research, ethics in research, useful computer software, legal writing, legal publishing and contemporary theoretical approaches to law (philosophical, sociological , critical, feminist and economic). Students will be required to submit a 3000 word paper on a topic relevant to their proposed research. The seminar will also provide a forum in which students can interact in a semi-structured environment in order to test their research ideas, while contributing to the development and improvement of one another's research projects. Students will be required to present their research proposal for discussion.

Outcomes

To provide students with the intellectual and methodological skills they will need to plan, research, write and publish their thesis. In particular, to assist students in:

  1. preparing feasible research plans, which addresses research aims, assumptions, methods and possible findings
  2. thinking carefully, broadly and creatively about the best way to investigate and answer their research questions
  3. enhancing their understanding of significant issues in current legal theory and awareness of theoretical approaches relevant to their research
  4. developing a friendly peer support network for the remainder of their candidature.

Assessment

Participation in the seminar program: 20% plus 3000 word essay: 40% plus presentation of research proposal: 40%

Workload requirements

The SJD seminar will be taught intensively in one or two blocks of time during the year. Students will be required to attend most of the sessions.

See also Unit timetable information


LCL7001 - Law complementary unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Australia (Other)

  • First semester (Northern) 2019 (On-campus)
  • First semester 2019 (On-campus)
  • Second semester (Northern) 2019 (On-campus)
  • Second semester 2019 (Off-campus Day)
  • Summer semester A 2019 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchanges programs to ensure fees and credit are processed accurately.


LCL7002 - Law complementary unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Australia (Other)

  • First semester (Northern) 2019 (On-campus)
  • First semester 2019 (On-campus)
  • Second semester (Northern) 2019 (On-campus)
  • Second semester 2019 (Off-campus Day)
  • Summer semester A 2019 (Off-campus Day)

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchanges programs to ensure fees and credit are processed accurately.


LEH7001 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchanges programs to ensure fees and credit are processed accurately.


LEH7002 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an oubound exchange program to ensure fees and credit are processed accurately.


LEH7003 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


LEH7004 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


LEH7005 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


LEH7006 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


LEH7007 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


LEH7008 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis

This unit is used by the faculty to enrol students undertaking outbound exchange studies at a host institution. Students will not be able to enrol in this unit via WES. The faculty will manage the enrolment of students undertaking an outbound exchange program to ensure fees and credit are processed accurately.


LEH7009 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LEH7010 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LEH7011 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LEH7012 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LEH7013 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LEH7014 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LEH7015 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LEH7016 - Law exchange unit

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Unit guides

Offered

Overseas

Synopsis


LRU0001 - Research in law

0 points, SCA Band 3, 0.000 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Clayton

  • Research quarter 1 2019 (External Candidature)
  • Research quarter 1 2019 (On-campus)
  • Research quarter 2 2019 (External Candidature)
  • Research quarter 2 2019 (On-campus)
  • Research quarter 3 2019 (External Candidature)
  • Research quarter 3 2019 (On-campus)
  • Research quarter 4 2019 (External Candidature)
  • Research quarter 4 2019 (On-campus)

Synopsis

This unit is used by the faculty and/or Monash Institute of Graduate Research to enrol students undertaking Higher Degrees by Research. Students will not be able to enrol in this unit via WES.