This unit of study provides a foundation core for the study of law. We aim to provide a practical overview of the Australian legal system, an introduction to the skills of legal reasoning and analysis which are necessary to complete your law degree, and an opportunity for critical engagement in debate about the role of law in our lives. The course will introduce students to issues such as: (i) the development of judge made and statute law, with a particular focus on English and Australian legal history; (ii) the relationship between courts and parliament; (iii) the role and function of courts, tribunals and other forms of dispute resolution; (iv) understanding and interrogating principles of judicial reasoning and statutory interpretation; (v) the relationship between law, government and politics; (vi) what are rights in Australian law, where do they come from and where are they going; (vii) the development and relevance of international law. The course focus may be subject to change.

This is a compulsory unit taught on a pass/fail basis. The aim of the unit is to introduce you to finding and citing primary and secondary legal materials and introduce you to legal research techniques. These are skills which are essential for a law student and which you will be required to apply in other units.

This is a general introductory unit of study concerned with liability for civil wrongs. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include:
(a) The relationship between torts and other branches of the common law including contract and criminal law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) Trespass to land and private nuisance;
(f) The action on the case for intentional injury;
(g) Defences to intentional torts;
(h) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury;
(i) Compensation for personal injuries, including special and alternative compensation schemes;
(j) Injuries to relational interests, including compensation to relatives of victims of fatal accidents;
(k) Defences to negligence.

Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.

This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to police powers, bail and sentencing. The course focuses on practical examples with consideration of the applicable legislation, ethics, and contextual and theoretical perspectives.

This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve this, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) knowledge of the legal rules in certain specified areas of criminal law and their application. (3) preliminary knowledge of how the criminal law operates in its broader societal context. (4) Through following the process of proof in a criminal prosecution and its defense, to understand the determination of criminal liability. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.

The compulsory unit of study is an introduction to the general problems, sources and techniques of public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of state jurisdiction, (6) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (7) immunity from state jurisdiction, (8) regulation of the use of force, and (9) dispute settlement.

This unit is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability. The unit begins with a study of representative and responsible government under the Australian constitutional system. Also considered is the potential role of the judiciary in applying a bill or charter of rights to both the executive and the legislature. The unit then examines the nature of judicial power and the extent to which the separation of judicial power provides protections for individuals. The focus then moves to the executive: the composition of the executive, its powers and how the executive is made accountable through Parliament, judicial review, merits review and investigative tribunals, and open government.

The laws of tort and contract frequently overlap in practice and are increasingly regulated by statute. This unit aims to develop the integrated study of the law of obligations and remedies. It builds on the introduction to tort and contract law which students have acquired in Torts and Contracts. It will include the study of more advanced topics in both areas and the impact of related statutory liability and remedies. Topics:
(a) Concurrent, proportionate and vicarious liability;
(b) Tortious interference with goods;
(c) Liability for misrepresentation in tort, contract and under statute (eg statutory duties, s 52 Trade Practices Act 1974 (Cth));
(d) Liability for economic loss in tort, including some comparative study;
(e) Detailed consideration of causation and remoteness of damage in tort and contract;
(f) Damages for breach of contract;
(g) Unfair dealing in contracts and vitiating factors: mistake, misrepresentation, duress, undue influence, unconscionable conduct. This topic includes a study of equitable principles and statutory rights.

This is a compulsory unit taught on a pass/fail basis. It is a continuation of Legal Research I and covers advanced searching techniques and the use of Lexis.com, Westlaw and other complex commercial databases. The purpose of this unit is to further develop the skills you will need as a law student and to introduce you to the legal research skills you will need after graduation.

This unit of study provides a foundation core for the study of law. We aim to provide a practical overview of the Australian legal system, an introduction to the skills of legal reasoning and analysis which are necessary to complete your law degree, and an opportunity for critical engagement in debate about the role of law in our lives. The course will introduce students to issues such as: (i) the development of judge made and statute law, with a particular focus on English and Australian legal history; (ii) the relationship between courts and parliament; (iii) the role and function of courts, tribunals and other forms of dispute resolution; (iv) understanding and interrogating principles of judicial reasoning and statutory interpretation; (v) the relationship between law, government and politics; (vi) what are rights in Australian law, where do they come from and where are they going; (vii) the development and relevance of international law. The course focus may be subject to change.

This is a general introductory unit of study concerned with liability for civil wrongs. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include:
(a) The relationship between torts and other branches of the common law including contract and criminal law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) Trespass to land and private nuisance;
(f) The action on the case for intentional injury;
(g) Defences to intentional torts;
(h) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury;
(i) Compensation for personal injuries, including special and alternative compensation schemes;
(j) Injuries to relational interests, including compensation to relatives of victims of fatal accidents;
(k) Defences to negligence.

This is a compulsory unit taught on a pass/fail basis. The aim of the first part of the unit is to introduce you to finding and citing primary and secondary legal materials and introduce you to legal research techniques. These are skills which are essential for a law student and which you will be required to apply in other units. The second part of the unit covers advanced searching techniques and the use of Lexis.com, Westlaw and other complex commercial databases. The purpose of this part of the unit is to further develop the skills you will need as a law student and to introduce you to the legal research skills you will need after graduation.

This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to police powers, bail and sentencing. The course focuses on practical examples with consideration of the applicable legislation, ethics, and contextual and theoretical perspectives.

Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.

The laws of tort and contract frequently overlap in practice and are increasingly regulated by statute. This unit aims to develop the integrated study of the law of obligations and remedies. It builds on the introduction to tort and contract law which students have acquired in Torts and Contracts. It will include the study of more advanced topics in both areas and the impact of related statutory liability and remedies. Topics:
(a) Concurrent, proportionate and vicarious liability;
(b) Tortious interference with goods;
(c) Liability for misrepresentation in tort, contract and under statute (eg statutory duties, s 52 Trade Practices Act 1974 (Cth));
(d) Liability for economic loss in tort, including some comparative study;
(e) Detailed consideration of causation and remoteness of damage in tort and contract;
(f) Damages for breach of contract;
(g) Unfair dealing in contracts and vitiating factors: mistake, misrepresentation, duress, undue influence, unconscionable conduct. This topic includes a study of equitable principles and statutory rights.

The compulsory unit of study is an introduction to the general problems, sources and techniques of public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of state jurisdiction, (6) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (7) immunity from state jurisdiction, (8) regulation of the use of force, and (9) dispute settlement.

This unit is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability. The unit begins with a study of representative and responsible government under the Australian constitutional system. Also considered is the potential role of the judiciary in applying a bill or charter of rights to both the executive and the legislature. The unit then examines the nature of judicial power and the extent to which the separation of judicial power provides protections for individuals. The focus then moves to the executive: the composition of the executive, its powers and how the executive is made accountable through Parliament, judicial review, merits review and investigative tribunals, and open government.

This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve this, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) knowledge of the legal rules in certain specified areas of criminal law and their application. (3) preliminary knowledge of how the criminal law operates in its broader societal context. (4) Through following the process of proof in a criminal prosecution and its defense, to understand the determination of criminal liability. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.

Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of Administrative Law, the protection of human rights, judicial review and merits review, and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, and the public/private distinction. The unit encourages the development of critical perspectives on the grounds of judicial review, and their theoretical underpinnings, and on how the values of openness, rationality, fairness and participation are sought to be promoted through Administrative Law.

The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. In a one session course it is neither feasible nor desirable to study all aspects of federal constitutional law. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics.
The course also aims to:
- Provide analysis of the function of the High Court as the final arbiter of constitutionality.
- Develop an understanding of the techniques of judicial review as applied in Australia.
- Encourage discussion on the adequacy of the Constitution as Australia's basic instrument of government and on the scope for 'reform' by interpretation.
The topics covered in detail are: Trade and commerce, severance and reading down, inconsistency, external affairs, defence, corporations, freedom of interstate trade, general doctrines of characterisation and interpretation, grants, revenue powers, excise duties, and constitutional rights.
The course includes some material on the US Constitution to provide points of comparison and contrast.

Property law and commercial law are two key sources of rights and obligations in modern western law. This subject provides an introduction to both areas of law, and shows the ways in which they are inter-related. The unit is designed to provide an opportunity to consider the role these areas of law play in Australian society, as well as giving a good grounding in legal principle.

Key topics covered will include: notions of "property"; an introduction to personal property; an introduction to real property including rights to fixtures and airspace; the different title systems relating to land in NSW (eg, Torrens; strata; Crown lands and including indigenous systems); the nature and classification of equitable interests in land and personalty; the principles governing assignment of rights to property at common law and in equity (including by sale and by compulsion - such as by bankruptcy), and an introduction to the principles for resolving competing claims to property

The Legal Profession concentrates on the regulation of legal practice and its practitioners. Part 1 of The Legal Profession examines the nature and structure of the legal profession, historical struggles to regulate the profession, and the current regulatory regime in New South Wales. Developments towards national legal practice are also examined. Part 2 explores specific forms of legal practice, highlights the major cultural and economic forces that challenge attempts to regulate the profession and canvasses alternative ways of organising legal practice and the legal services market. Part 3 evaluates the lawyer-client relationship and suggests strategies to facilitate equality and effective communication in the delivery of legal services. Furthermore, it examines lawyers' duties to their clients and the Court, and the ways in which the rules and principles of confidentiality and conflicts of interest shape the advice and representation lawyers provide for their clients.

This unit of study considers the legal structure of the corporation as an organisational form for both public and proprietary companies. It is designed as an introduction to both the general law of corporations and the Australian regulatory context. The focus of this unit is on the nature of the corporation and its governance structure. The unit covers issues such as the implications of the company as a separate legal entity, power to bind the company, duties of directors, and shareholders rights and remedies. Students will be required to evaluate critically existing corporate law and reform proposals, with particular reference to legislative policy and underpinning theory.

An appreciation of equitable principles and remedies is fundamental to understanding the legal system and the law of property, taxation and obligations. This unit of study explains the origins of the equitable jurisdiction and examines its role today. A substantial part of the unit is dedicated to study of the law of trusts, including remedial constructive trusts. Other topics include fiduciary obligations, breach of confidence, the doctrines of estoppel, undue influence and unconscionable dealing, and a study of the equitable remedies of the injunction, an account of profits and equitable compensation.

This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.

Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also).
This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); leases and licences; easements; covenants; mortgages.

The main purpose of this course is to build on the fundamental understandings achieved in Public Law and Federal Constitutional Law in order to provide a far broader and deeper understanding of the subject. This will be achieved by, first, examining in depth the fundamental aspects and tenets of constitutionalism in the Australian context and from a more jurisprudential perspective. Reliance will be placed on comparative jurisdictions, in particular the United States and the United Kingdom, the latter serving as an entre to relevant issues in European Union law. A detailed analysis will first be attempted of the following major concepts in the more precise context of Westminster-based systems: the rule of law, parliamentary sovereignty, the ambit of executive power and the precise status and principles of responsible government, judicial review and constitutional rights, separation of powers, constitutional conventions, the reserve powers of the Governor-General, the status of common law principles as fundamental constitutional guarantees. Thus, for example, the course will examine the evolving notion of parliamentary supremacy from Diceyan orthodoxy to the more recent debates involving leading constitutional scholars in the UK and Australia. (TRS Allan, Goldsworthy, Hart, Hood Phillips, Jowell, Wade, Winterton) In relation to separation of powers, the different constitutional consequences which result when the doctrine is entrenched in a written constitution (as in the US and Australia) on the one hand, and when it exists as a convention without being so entrenched, on the other, will be explored, again with reference to leading constitutional scholars in Australia, the UK and US. This will enhance an understanding of the definition, nature and limits of judicial, executive and legislative power and their inter-relationship, an issue which becomes particularly important at moments of constitutional uncertainty and stress, especially at the crossroads of their power. The functionalist/formalist debate will be examined to determine the most appropriate interpretive methodology with respect to the application of the constitutional limitations which may emanate from the separation of powers. In so doing, the principal decisions of the High Court of Australia and other relevant courts in other jurisdictions. There will be an opportunity to evaluate major Australian constitutional decisions in a detail not possible in the prerequisite and undergraduate courses. A principal underlying theme will be the extent to which the tenets of constitutionalism are being complied with in Australia and the extent to which they can be. The course will be enriched and made more presently relevant by the exploration of current developing themes in constitutional law. The precise topics may vary from year to year. Depending on the topic, this may involve the introduction of completely new themes or the integration of developments with topics already examined.

This unit of study will deal with corporate insolvency as well as a number of contemporary issues concerning debt and equity finance in Australian public and proprietary companies. It will cover receivership, voluntary administration, liquidation, the raising of corporate finance and the positions of shareholders and creditors in the event of the company's insolvency.

This unit identifies current crime control case-studies which lend themselves to advanced historical and theoretical interrogation. In a way which explains why criminal law is such a popular if problematic mechanism of social engineering, the processes for determining criminal liability are revealed to be influenced by the shifting realities of law and order politics. The unit's content will range from broad considerations such as the determination of individual and collective liability, and the tensions between subjectivity and reasonableness, to more particular concerns with contemporary offence/defence construction. It will break away from a topic- driven approach to criminal law in favour of exploring liability and sanctioning in terms of specific contradictions and challenges. Discussion of relevant academic commentary will form part of the subject matter of the course. The advanced study of criminal law extends the foundational study of the criminal law in context and the processes of criminal justice in operation. A critical, cross-disciplinary approach to the operation of criminal law will enable some discussion of legal theory, legal and social history and criminology.

This unit will be taught over 6 weeks starting in week 2 with morning and afternoon sessions on Fridays. It will explore a number of contentious issues arising in the law of civil obligations and remedies. It will build on the fundamentals in the areas of contracts, tort and equity and place particular emphasis on the interaction of these three fields of the law. Particular topics will include :
- causation and scope of liability
-controlling liability by contract
-restitution in contract
- assignment of contractual rights
-assessing loss
-duties of good faith
- controlling fiduciary duties.

This unit provides an opportunity for students who are familiar with the basic institutions and processes of public international law to deepen their understanding by studying in greater detail than is possible in the introductory unit several areas of conceptual importance and contemporary relevance. It follows that a prerequisite is the unit, International Law, or an equivalent unit undertaken at another institution.
The topics covered by this unit are: (1) the law of treaties; (2) the international law of the sea; (3) international environmental law; (4) international dispute resolution; and (5) the law of international organisations and the United Nations. Some of these topics (treaties, disputes, and organisations) frame the system of international law as a whole and are vital to understanding how that system functions (and, sometimes, dysfunctions). The other topics (law of the sea and environmental law) are specialised, substantive areas of law which are of particular importance to global governance of resources, particularly for a large, ecologically diverse and maritime State such as Australia, and in an era of climate change.

This unit of study further pursues the goals of Australian Income Tax and is to be regarded as an extension of that unit. In particular, the unit analyses the special difficulties of levying tax on business activities, different types of entity, and complex transactions, and the operation of the income tax in an international environment. The taxes covered extend beyond the income tax to include stamp duties and goods and services tax. This unit of study will cover the following topics: (a) taxation of partnerships and trusts; (b) taxation of companies and shareholders under the imputation system; (c) taxation of international transactions; (d) goods and services tax; and (e) stamp duties.

This unit of study examines the ways in which the law defines and regulates the relationship between humans and animals. It introduces students to the key issues, legal frameworks and regulatory regimes in this area whilst encouraging a critical examination of these sources. The unit begins with a discussion of the status of animals as property and the implications of this approach and then moves to providing an overview of the moral and ethical arguments supporting an animal protection position and the case for animal rights. The focus of the unit is on the regulatory frameworks which currently apply to interactions between humans and animals, both domesticated and wild. The following topics will be considered: legal issues relating to companion animals; torts and animals; animal welfare legislation and its enforcement; the regulation of the agricultural use of animals and role of model codes of practice; voluntary product labeling schemes; animal welfare standards and free trade; live export of animals; the regulation of the use of animals in science; and issues relating to wild animals, including hunting, pest animals, endangered species and zoos. Although the primary focus of the unit is the law in Australia, wherever relevant the approach to these issues which has developed in Australia will be compared and contrasted with that of other jurisdictions.

The objective of this unit is to enable students to examine and develop answers to the following questions: (i) What is discrimination and what harm does it cause? (ii) How has the law been used in Australia to address discrimination? (iii) What type of conduct does anti-discrimination law prohibit? Specifically, which traits are protected, in what contexts and with what exceptions? (iv) What remedies can be sought for unlawful discrimination and how are these enforced? (v) What are the limits and future directions of anti-discrimination law? The law as it operates will be examined, focussing on particular grounds of discrimination (such as sex, race, disability, age, or family responsibilities), but considerable attention is also paid to regulatory alternatives to explore how the law could be developed.

This unit provides an introduction to the Australian federal income tax system (including capital gains tax and fringe benefits tax). It introduces both the operation of the tax laws and the underlying principles which those laws seek to implement, as well as the important issues in tax policy, thereby allowing students to make a critical examination of the Australian tax system. Topics covered include the concept of income, capital gains tax, income from property, compensation receipts, periodic receipts, income from services and fringe benefits tax, business income, allowable deductions and the capital/revenue distinction, private outgoings and dual purpose expenditure, basic tax accounting principles, and legislative responses to tax avoidance. The unit also introduces the key concepts used to evaluate tax policy, including welfare economics, thereby providing students with a basic understanding of why taxation is of such fundamental concern in modern democratic societies. This unit serves as an introduction to the Australian income tax system and is a prerequisite for Advanced Taxation Law.

This unit will provide students with an overall picture of the modern Chinese legal system. It will develop a perception of its unique character by tracing its role through major social epochs and the role of law in a socialist market economy. It will examine the concept of law as a political function and the implementation of law, not so much through courts, as through administrative fiats and authority, making law essentially a function of politics and administration. The unit will illustrate these perceptions through the study of various legal regimes. Lecture topics may include: Chinese legal history; Chinese legal system; Criminal law and procedure; Constitutional law; civil law and procedure; legal profession; administrative law; contract law; property law; company law; intellectual property law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law.

This course is aimed at giving specific dispute resolution skills to graduates who see themselves as practising actively in the business world, handling matters involving contract, finance and property. The workshops derive their substance from actual mediations and disputes. They involve some of the most frequently pleaded heads of law in commercial litigation, such as misleading and deceptive conduct, misrepresentation, and unconscionable conduct. For meaningful involvement in these workshops it will be necessary for students to become familiar, through the required readings, with the substantive law in these areas.
The starting point for this subject is the theory of ADR in its various forms. When these are understood in the early stages of the course, it is then seen as beneficial to re-create realistically the dynamics of commercial disputes, involving as they do a complex mixture of substantive law, adversarial parties, unclear facts and hidden agendas. This is an opportunity for graduates to become aware of and embark on acquiring some practical skills needed to handle these situations.
The teaching methodology is highly interactive and all class members are required to participate and contribute.

Australia and the United States are common law countries, with federal constitutions and shared historical roots. Many provisions in the Australian Constitution were borrowed directly from the United States Constitution. Australia's federal distribution of powers and its provisions for a federal judiciary are closely modelled on the United States. While Australia has been significantly influenced by the jurisprudence of the U.S. Supreme Court, there are striking differences in each country's constitutional law. This unit will explore the United States Constitution through the 'lens' of the Australian Constitution, with a focus on the legal and cultural history of the two countries, differences in legal institutions, and constitutional doctrine. Its topics will include some or all of the following: federalism, rights and freedoms, the constitutional regulation of property, and the role and powers of the constitutional court. Classes will take the form of both the U.S. 'Socratic' style and the Australian lecture style.

This unit of study examines competition law and policy in Australia. The central part of the course deals with Part IV of the Trade Practices Act 1974 (Cth). The framework for analysis will include a critical examination of the fundamental purposes of competition law policy. Some references will be made to the restrictive trade practices provisions of comparative jurisdictions.
Topics include: (a) common law antecedents of competition law and history of competition law legislation; (b) National Competition Policy and legislation; (c) application of the Trade Practices Act 1974 (Cth); (d) elementary economic theory of monopoly and the goals of competition policy; (e) fundamental concepts of competition, market definition, market power and public benefit; (f) mergers and acquisitions; (g) horizontal arrangements including cartel conduct, primary boycotts, and arrangements which substantially lessen competition; (h) vertical arrangements including exclusive dealing and third line forcing; (i) misuse of substantial market power; (j) notifications and authorizations; and (k) overview of remedies and enforcement. Additional topics may include resale price maintenance or access to essential facilities.

This unit deals with the entry into, performance, and remedies for breach, of contracts for the sale of land. While conveyancing is sometimes regarded as a mere matter of form filling and rote-learned procedures, it is one of the oldest and most complex areas of law. Modern conveyancing involves the application an elaborate mixture of real property, equity, and contract law, and also involves the application of principles of interpretation to the construction of public and private instruments. Some consideration will be given to the implications of proposals for a system of electronic conveyancing.

This unit of study is designed to provide the theoretical foundations necessary for expertise in conveyancing practice. The first section deals with the formation of an enforceable contract for sale, including exchange of contract, identification of the subject-matter of the sale, and obligation of disclosure by vendors under common law and statute.

The second section deals with the law relating to the performance of the contract for sale itself, concentrating particularly upon the standard form of contract for the sale of land in use in New South Wales. Special attention is paid in this section to the law relating to deposits, requisitions and objections to title, defects, the consequences of misdescribing the property, and the legality of structures upon the land.

The third section deals with the remedies available to vendors and purchasers, including notices to complete, specific performance, relief against forfeiture, and a very brief treatment of general statutory remedies such as under the Trade Practices Act as they apply in relation to the contract for sale of land.

Explore the world of a mergers and acquisitions lawyer! This unit covers the major areas of public securities regulation - takeovers, schemes of arrangement, corporate fundraising, continuous disclosure and insider trading, from a technical, practical and tactical viewpoint. This course is run by leading M&A partners from Corrs Chambers Westgarth and Freehills, who use real-life war stories to illustrate legal principle, but also the practical and commercial application of them in our current market. The course has been designed with future corporate graduates and junior investment bankers in mind. It is a great addition to the resume and head start for any students interested in, or wishing to practise in, corporate law and mergers and acquisitions.

This unit of study aims to introduce students to the theoretical issues associated with the definition and explanation of crime, criminality and crime control. Rationales for punishment are examined along with sentencing, and other possible responses to criminal behaviour are explored. The unit considers the impact of criminal justice policy and practice on particular groups which may include juveniles, women, Indigenous people, ethnic minorities and victims of crime. The regulation of particular types of offences such as hate crime are considered. Other topical issues are covered as they arise in contemporary criminological debate. Students are expected to take part in visits to a gaol and/or a juvenile detention centre.

This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include:
* The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences);
* The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of `tribals', and `dalits' in the caste system), and the `right to development' under constitutional and international law;
* The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies;
* The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and
* The experience of women in development and human rights processes.
The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.

This unit of study introduces students to the legal and institutional implications of adopting the precepts of ecologically sustainable development, particularly for governments and corporations. The unit begins with a discussion of environmental ethics and sustainable development, followed by an exploration of its ramifications for policy and decision-making, legal structures and processes, and federal relations. Various fields of regulation (including climate change, heritage, biodiversity, land-use and pollution) provide the context in which to develop the issues.

The objective of this unit is to introduce the role of equity as a potential mechanism for allocating risk in commercial transactions. The unit introduces equitable doctrines, such as the doctrines of contribution, subrogation, marshalling and set-off, and explores how these doctrines assist in determining how parties in a commercial transaction should bear the financial risk. It also compares and contrasts the equitable principles with analogous common law rules and State legislative provisions (where relevant).

In this unit of study students are afforded the opportunity to work for up to one day per week during the semester in a 'public interest' placement site. In addition, students attend fortnightly seminars which are designed to promote discussion and reflection on a range of issues that may arise during the course of the placement as well as seminar presentations on matters relevant to public interest externships. The unit has a public interest focus which is reflected in the selection of placement sites.
At the end of the unit students should have:
* acquired a better sense of the professional and personal responsibilities associated with the practice of law;
* developed an appreciation that the law is a people profession;
* observed and participated in a high level of problem solving flowing from real case files (where appropriate);
* been introduced to the basic inter-personal skills involved in the practice of law;
* interact with legal professionals in a flexible learning environment;
* been introduced to aspects of the practice of law such as legal writing, advocacy and time management; and
* developed the character and habits of a reflective practitioner.

Family Law deals with the core provisions of the Family Law Act 1975 governing parenting of children and the property of married couples. This course is essential for those interested in Family Law. It is a pre-requisite for Advanced Family Law.
Family Law will focus on the following topics: constitutional and jurisdictional issues; marriage, divorce and de facto relationships, the resolution of disputes relating to children under the Family Law Act 1975, property division under the Family Law Act; child support and maintenance.

The goal of this unit of study is to provide students with an opportunity to pursue independent research in an area of their choosing. The project must involve a new piece of research. Material which has been submitted for assessment in any other unit of study may not form part of the project. Before enrolling in this unit of study, the student must formulate in writing the topic of the research project and a statement of methodology. The topic of the research project and the methodology must be approved in writing by a member of the teaching staff who agrees to act as supervisor and to be responsible for assessment of the research project. This approval will not be given if the topic of the research project falls within the scope of another unit of study being offered in the same semester. Students must have a WAM of 70% or higher to be eligible to enrol in this unit.

The goal of this unit of study is to provide students with an opportunity to pursue independent research in an area of their choosing. The project must involve a new piece of research. Material which has been submitted for assessment in any other unit of study may not form part of the project. Before enrolling in this unit of study, the student must formulate in writing the topic of the research project and a statement of methodology. The topic of the research project and the methodology must be approved in writing by a member of the teaching staff who agrees to act as supervisor and to be responsible for assessment of the research project. This approval will not be given if the topic of the research project falls within the scope of another unit of study being offered in the same semester. Students must have a WAM of 70% or higher to be eligible to enrol in this unit.

The goal of this unit of study is to provide students with an opportunity to pursue independent research in an area of their choosing. The project must involve a new piece of research. Material which has been submitted for assessment in any other unit of study may not form part of the project. Before enrolling in this unit of study, the student must formulate in writing the topic of the research project and a statement of methodology. The topic of the research project and the methodology must be approved in writing by a member of the teaching staff who agrees to act as supervisor and to be responsible for assessment of the research project. This approval will not be given if the topic of the research project falls within the scope of another unit of study being offered in the same semester. Students must have a WAM of 70% or higher to be eligible to enrol in this unit.

The course will provide students with an overview of the historical and contemporary issues which structure the relationship between the Aboriginal peoples of Australia and the criminal justice system. The course will also provide an opportunity for discussion and analysis of specific issues as they arise.
A major focus of the course will be the work of the Royal Commission into Aboriginal Deaths in Custody, the National Inquiry into Racist Violence and the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families. In particular there will be consideration of the state and federal responses to these national inquiries.
Specific issues will be analysed including the extent and nature of criminalisation, Aboriginal women and the justice system, Aboriginal young people and the juvenile justice system, and Aboriginal/police relations. Other aspects of the justice system which will be discussed include legislation, courts and sentencing, imprisonment, community justice mechanisms and contemporary customary law, sovereignty and self-determination.
The course will also provide comparative material where appropriate. Many of the specific issues which arise can be usefully compared to the experiences of indigenous people in other 'settler' countries such as Canada, New Zealand and the USA. There will also be reference to international law as it relates to criminal justice issues and recognition of Indigenous communities.

This unit of study aims to introduce students to the fundamentals of international commercial arbitration. The course covers the entire process of international arbitration: the significance of international commercial arbitration in international dispute resolution; the importance of a well drafted arbitration agreement; all procedural and conceptual aspects and legal issues arising during cross border arbitrations; arbitral awards and the enforcement of arbitral awards around the world through the New York Convention 1958.
The unit will also cover the role and significance of specialised forms of international arbitrations and organisations involved in administering international arbitrations, such as maritime arbitrations, World Trade Organisation (Trade Law/Free Trade Agreement disputes), International Chamber of Commerce (large institution involved in administering international commercial arbitrations), Investor-State arbitrations (Bilateral Investment Treaties), sports arbitrations and Mediation in an international setting.

The objective of this unit is to provide students with an introduction to a number of areas of international and cross-border business law and business transactions and to provide students with a basis which will allow them to study some of those areas in more detail.
The course will begin with an overview of the scope of the law relating to international transactions. The core topics are international sale of goods, carriage of goods, international payments and financing of international sales and methods of doing business in foreign markets, including international protection of intellectual property, dispute resolution in international business disputes and the availability and use of available business structures and methods such as direct foreign investment. As part of the discussion of intellectual property and technology protection and use of available business structures, students will look at the structure and drafting of international commercial agreements, and participate in a skills exercise requiring them to divide into teams and engage in a short negotiation.
The course is focussed on the law as it affects individual business entities rather than on the relationships between States. It therefore will not cover the World Trade Organization treaties in any detail, although it will deal with the way that certain treaties have an impact on domestic law in relevant areas, including international sale of goods, carriage of goods and international dispute settlement.

This unit of study introduces students to the principles and practice of international human rights law - a species of international law and policy and a field of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: What happens when we regard a situation or predicament as one involving a breach of international human rights law? What possibilities and problems does this entail? Addressing these questions, we will look at: (a) particular fora where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) particular settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure.

This unit of study will involve participation in one of three international moots. One moot will be the Jessup Moot. The other two moots will be selected by the Mooting Co-ordinator each year. In 2011 the other two moots will be the Vis International Commercial Arbitration Moot and the ELSA Moot Court Competition on WTO Law. There will be a competitive selection process for enrolment in this course. For all moots students will work as a team preparing written memorials and oral argument on a set problem as required by each moot. Assessment is based on course participation, preparation generally, memorial writing, mooting and team participation.

This course covers the legal framework within which instruments are interpreted. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of contracts and other instruments, such as treaties.

The primary objective in interpretation of instruments is to give meaning to the words of the instrument for the purpose of applying a legal standard. As observed by the former Chief Justice of the High Court, the question is not what the legislature or the parties subjectively intended, but the meaning of the words they used, which must be ascertained in construing the effect of the instrument (Gleeson CJ, Wilson v Anderson (2002) 213 CLR 401 at [8]). The course will focus on the primary elements of interpretive practice: text, context, and purpose, in a variety of contexts.
A variety of interpretive principles are used to ascertain the meaning of the words used in an instrument. The course will cover:
* Approaches to interpretation, with emphasis on the function of interpretation in private law and public law;
* Aspects of the interpretation of private instruments - contracts, testamentary dispositions, collective agreements.
* Principles of statutory interpretation, including:
* the conventions of grammatical interpretation of statutes, including the approach to the use of technical words, the need to read the instrument as a whole, and approaches to ambiguity and inconsistency of language,
* specific common law principles of interpretation.
* the use of extrinsic aids to interpretation,
* the role and function of interpretation acts.
* Aspects of interpretation of international of national and international instruments - Constitutions and treaties.

It is envisaged that at least part of the course content will be taught by eminent guest lecturers from within and outside the Faculty.

This seminar program is an introductory course in Islamic Law. It will focus on Shari'ah (the classical laws as derived from the religious sources), and will seek to explain its relationship to the contemporary laws of Muslim states and to the cultural practices of Muslim communities living in Australia and other predominantly non-Muslim states.
The course aims to provide a basic understanding of the sources of Islamic Law, their interpretation, and of the 'Schools of Law' which predominate in the Muslim World. The case studies, in particular, aim to engage students to assess critically past and present understandings in the contexts of modernity, post-modernity, 'human rights', and social change.

This unit examines the Australian law relating to the regulation of investments and financial services. The unit will provide candidates with an understanding of the Australian financial services regulatory structure, the financial services licensing regime, the regulation of financial advice, the disclosure requirements for financial products and services, and the general consumer protection regulation applicable to investments and financial services. The focus of the unit will be on the many current public policy and legal issues raised by this area of law. Candidates will explore issues such as how best to protect consumers in a complex market such as the financial services market, the efficacy of disclosure as a consumer protection mechanism, the purposes of licensing, and how to deal with the conflicts of interest in the financial services industry. The unit will also focus on the practice, techniques and theory of modern regulation, using the investment and financial services regulatory regime as an example of a typical regulatory regime.

This unit covers copyright and designs law, both recognised branches of intellectual property law. Their existence is often justified on the presumption that they encourage the exercise of inventive, creative and entrepreneurial skill and labour. The protection these areas of law provides is said to enable commercial exploitation of the resulting works or designs. This unit focuses on the requirements for the copyright and design protection and investigates the bases upon which infringement action can be brought. Particular emphasis will be placed on the expanding scope of copyright and the implications of the internet, as well as provisions in the Copyright Act intended to address the apparent overlap between copyright and design protection. Although the unit of study will emphasise legal doctrine and be taught from the perspective of a relatively depoliticised formalism, it is also recognised that the deployment and the regulation of intellectual property inevitably have substantial cultural, technological and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, Gone With The Wind, as a literary work still under copyright, is both an asset with a monetary value and the focus of a civil rights activism which demands the right to imitate the work for social and political criticism and parody. There will, accordingly, be some attention paid in this unit to the cultural, technological and economic consequences of intellectual property laws, to the significance of access to the public domain and to the effects of international trade pressure in the area

This unit will focus on legal rights concerning the marketing of products, specifically, trade mark law, and legal rights concerning invention, specifically, patent law. Most aspects of the law of registered trade marks, (including some references to passing-off and unfair competition) will be covered in the unit, as will the effect of these areas of law on new marketing practices on the Internet. Some specific topics which will be covered in depth are: the differences between registered trade marks, passing-off and unfair competition; character merchandising and the protection of the celebrity persona; the nature of signs and the special problem of shape trade marks; counterfeiting and parallel imports; the badge of origin, private property and cultural resource functions of registered trade marks. In patent law, there will be a particular focus on medical method patents, in light of their recent development and controversial nature. Although the unit of study will emphasise legal doctrine and be taught from the perspective of a relatively depoliticised formalism, it is also recognised that the deployment and the regulation of intellectual property inevitably have substantial cultural and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, pharmaceutical patents are both valuable assets to their owners, who accordingly demand extensive legal protection for those assets, and also the target of vigorous criticism in the developing world for the patents' potentially detrimental effect on public health in relation to, inter alia, HIV. There will, accordingly, be some attention paid in this unit to the cultural and economic consequences of intellectual property laws, to the significance of access to the public domain and to the effects of international trade pressure in the area.

This unit aims to develop the general skills of comparative lawyers, to effectively and critically assess contemporary developments in the legal system of the largest economy in our region. The unit is offered in 2011 in Sydney and as a summer school course taught intensively in Japan. The first week in Kyoto (or the first two-thirds of the unit offered in Sydney) provides an introduction to how law operates generally in Japanese society. After an overview of comparative law techniques, Japanese legal history and its contemporary legal system, classes explore civil and criminal justice, politics and constitutionalism, government and law, gender and law, lawyers and the courts in Japan as well as consumers and law. The first two days of the second week in Tokyo (or the remaining one-third of the Sydney course) examines business law topics in socio-economic context in more detail, after an introduction to the Japanese economy and international trade policy. Topics include dispute resolution, investment and finance law, and corporate governance. Students do not need to take the classes over 16-17 February but are encouraged to do so, and if there is sufficient demand an optional tour of the Supreme Court of Japan will be arranged for 18 February.

The aim of this unit is to introduce students to the law regulating relationships at the workplace. This body of law has been generally described as "labour law", and has fallen into two general divisions. "Employment law" deals with the individual contract between employer and employee including formation of the employment contract, terms and conditions of contract and termination of employment. "Industrial law" deals with the collective aspects of the subject, including the employment `safety net' (awards and statutory minima), workplace bargaining and controls on industrial action. There has always been interaction and overlap between the individual and collective aspects of labour law and the particular challenges involved in regulating `work' will be examined in this unit.

For students studying overseas on an official university exchange program.

This unit of study analyses two areas of law which have a significant impact on the daily practice of journalism. Both of these areas of law relate to the personal interests of private plaintiffs and the legal recourse such plaintiffs may have against media outlets. The tort of defamation, which protects a plaintiff's reputation, is a well-established cause of action which notoriously has a "chilling" effect on what the media publishes. By contrast, direct legal protection of privacy against invasions by the media is a rapidly developing area of law in Australia, the United Kingdom, New Zealand and the European Union. This unit of study provides a detailed examination of the principles of defamation law relating to liability, defences and remedies. It also examines how different common law legal systems are developing direct legal protection for individuals' privacy against intrusive media coverage. This unit of study provides a thorough doctrinal analysis of defamation, privacy and breach of confidence, as well as placing these areas of law in their broader historical, international, comparative, social and cultural contexts.

This unit of study provides an introduction to some of the legal issues that arise in modern health care. Issues to be covered in the course include: consent to medical treatment, professional liability and medical negligence, privacy and confidentiality, and end of life decision-making. By the end of the unit, students will have a grounding in legislation and caselaw regulating the provision of health care services, and will also be aware of some of the ethical issues that arise in medical contexts. Student participation in class discussion will be expected.

Migration Law is designed to introduce students to one of the most fast moving and engaging areas of public law. At one level, the unit is about government regulation of the entry of persons into Australia. As such, it is a branch of applied administrative law that concerns the very make-up of our society, affecting both who we live with and how we live our lives. Statistics show that more than one in four Australians were either born overseas or had an Australian-born parent. Dramatic skills shortages have seen unprecedented rises in the number of migrants brought to Australia on temporary and permanent visas. In spite of this, controversy persists over the nature of Australia's immigration program and the extent to which the government is doing enough to control both unlawful entry and the quality of the (lawful) migrants. Covering all aspects of immigration law except refugee law the course is also a fine vehicle for exploring issues of human rights and the interaction between domestic and international law.
With Sydney receiving the lion's share of the migrants that come to Australia each year, migration law has become a growth area for both lawyers and for migration agents. By placing the current mechanisms for the controlling migration in their legal, social, historical and economic contexts, this unit provides an opportunity to explore the "big" issues raised by migration and to look at why the subject has assumed such a central role in the development of Australia's identity as a nation.

The unit of study aims to encourage students to develop skills and knowledge about the police and policing, with particular reference to the shifting nature of policing. The unit includes critical analysis of theoretical and policy issues within contemporary criminal justice, but also examines policing (in its widest sense) including the pluralisation of policing. Students will examine: crime and crime control within a social and political context; policing and other institutions and processes of criminal justice in the light of contemporary research and policy debates; the major theoretical frameworks within which crime, policing and criminal justice policy are constructed and analysed; challenges for policing arising from changes in spatial arrangements, and from transnational developments in crime and crime control.

Private international law is the part of local or municipal private law which is concerned with questions which contain a foreign element i.e. a relevant connection between a fact or party and a foreign legal system. For example, private international law issues will require consideration if a question arises in New South Wales concerning the distribution of the property of a person who died domiciled in France or the validity of a mortgage of shares in a New York corporation or the recognition of the dissolution of a marriage by a Norwegian court.
In seeking to develop your understanding of the international dimension of private law and your appreciation of the fact that many legal questions which arise in everyday life are not confined within one legal system, this unit of study will address the following topics: (1) personal connecting factor (domicile, nationality, residence); (2) renvoi and the incidental question; (3) transactions involving immovable property (e.g. land, intellectual property rights) and movable property (e.g. ships, aircraft, artworks, shares, contractual rights); (4) devolution of property on death (succession); (5) marriage validity; and (6) dissolution and annulment of marriage, including the recognition of foreign dissolutions and annulments of marriage. In addition to these topics, an introductory survey will address the function, purpose and rationale of private international law, theories and methods (e.g. the territorial theory of law, the vested rights theory), historical development and the relationship between statutes and the common law rules of private international law.

Refugees and Forced Migration provides students with practical and theoretical understanding of the growth and operation of refugee law as a specialist area of legal expertise. Forced migration as a by-product of human conflict is not new. What has changed over the last century is the scale and frequency of the conflagrations causing the mass movement of peoples; and the ease with which individuals have become able to move around the world in search of safe haven. Australia has played an important international role in developing legal norms both in general human rights protection and the more particular fields of refugee and humanitarian law. It has come to experience first-hand, phenomena born of developments at both an international and national level: the juridification of refugee protection and the emergence of a new breed of litigious asylum seeker.
Refugee law has become a burgeoning legal specialty with an increasingly sophisticated jurisprudence. The phenomenon of people displaced by generalised conflict or by natural disasters associated with climate change is also significant.
This course is designed to give students a critical understanding of how refugee law and the law governing forced migration has developed both at international law and within Australia's domestic legal system. In particular it will examine:
* The international instruments and institutions created to deal with refugee flows;
* The refinement of the definition of "refugee" at international law;
* The role of international organisations such as UNHCR;
* Theoretical bases for refugee protection; and
* Alternative protection models.

The course provides a general introduction to all aspects of Roman private law. It begins with an historical sketch of Roman institutions from the earliest times until the reign of Justinian (CE 527-565), together with an introduction to Roman legal history and the development of Roman legal concepts. It also deals with the reception of Roman jurisprudence into modern European legal systems and the common law. The Roman law of marriage and family, moveable and immoveable property, real and personal security, succession, and contractual, quasi-contractual and delictal obligations are then dealt with in depth. The Institutes of Justinian, in English, is the fundamental text for study and students are expected to read the Institutes in some detail. The Institutes constitute a map of the law and means of ordering the law. Roman law has always been, and still is, of great historical importance in the development of many areas of the common law. Roman law also provides a yardstick by which both the virtues and the shortcomings of the common law can be measured. Further, Roman law forms the jurisprudential background of most of the legal systems in force in continental Europe and those parts of the rest of the world that were colonised by continental European nations.

The process of creating effective security interests in personal property to secure performance of contractual obligations is a critical component of commercial dealings and financings. This unit examines how security may be taken over common forms of personal property through a detailed analysis of the new legislative regime established by the Personal Property Securities Act 2009 (Cth), expected to be operative as from May 2011. Providing an overview of the historical and economic development of the law in this area, the unit explores the rationale for the comprehensive legislation as well as its underlying general principles. An international and comparative perspective is offered through references to the Canadian and New Zealand experience in introducing equivalent statutory frameworks, with part of the course materials drawn from these jurisdictions.

The Social Justice Program will arrange for students enrolled in the course to work with various organisations which have agreed to participate in the Program. To date, such bodies include the Refugee Advice and Casework Service (RACS), the Public Interest Law Clearinghouse (PILCH), the Public Interest Advocacy Centre (PIAC) and the Environmental Defender's Office (EDO). Through such organisations students will be exposed to real world cases and participate in a structured seminar program dealing with social justice issues and aspects of public interest law.
Hands-on experience with cases, clients and/or policy and research projects will be obtained one day per week in a 'social justice' placement site. Students will attend weekly seminars designed to provide students with the basic knowledge and skills required to participate in a working clinical legal organisation, and cover legal issues specific to the placement sites. The seminars will encourage discussion and reflection on the range of issues that may arise during the course of the placement.
At the end of the unit students should have: (i) enhanced their ethical, social and professional understanding of the practice of law; (ii) improved their ability to recognise, define and analyse legal problems flowing from real case files, and to identify and create processes to solve them; (iii) observed and practised communication and inter-personal skills involved in the practice of law; (iv) been introduced to aspects of legal practice such as legal writing, research, client interaction and time management; (v) had the opportunity to work both independently and collaboratively, in a way that is informed by openness, curiosity and a desire to meet new challenges.

Sporting activity cuts across a number of disparate areas of law. Increasing professionalism, the enormous growth in the Olympic Movement and the commercialisation of sport have all contributed to the development of sport as a business, as well as a pastime. As a result there has been increasing intersection of the law with sporting activity. In this course we will examine the following:

The economics of sports leagues
The structure of sporting organisations
International and national governance of sport
The impact of administrative law on the working of disciplinary tribunals
Industrial law and the treatment of the athlete as employee
Labour market controls and the impact of competition law
Player agents
The law and policy relating to doping of athletes
The impact of intellectual property laws on sponsorship and promotion of sporting events.

This unit of study is offered annually under the supervision of the Editor of the Sydney Law Review, who is a member of the full-time teaching staff. The unit is limited to approximately 18-24 students per year, who are selected on the basis of their academic results. Preference may be given to students in their final year in the selection of students for the unit. Each student will complete a range of tasks with respect to the Review, including editing and proofreading submissions and writing a law reform essay and a casenote for potential publication. (A limited number of casenotes are selected for publication each year, according to their merit.) Students selected for this unit must be prepared to serve for six months, so that duties may start before, and may continue after, the formal teaching and examination period.

In this unit students will consider the status of the Crown in Australia at both the Commonwealth and the State level - its history, its current status and its potential future development. They will study the historical role of the Imperial Crown with respect to Australia, the divisibility of the Crown and the development of the `Queen of Australia'. The course will cover the manner in which constitutional links with the United Kingdom have been progressively terminated, what remaining links exist and how they might be terminated if Australia were to become a republic. Other subjects that will be addressed in detail include the reserve powers and how they might be codified or clarified, the appointment and removal of both the Governor-General and a possible republican President, the chain of succession for the Head of State, the exercise of prerogative powers and their maintenance in any future republic, and the relationship between the Crown and the States and how it would potentially be affected by a republic.

A vital function of public international is its struggle against violence, both in preventing it from occurring and mitigating its effects once it gets underway. This unit explores two key areas of international law devoted to regulating intense violence involving governments or non-state actors: (1) International Law on the Use of Armed Force, and (2) International Humanitarian Law (also known as the Law of Armed Conflict or the Law of War). The first part of the course considers the prohibition on the use of force under customary law and the United Nations Charter; exceptions to that prohibition in cases of self-defence by States or collective security action by the UN Security Council; controversies over pre-emptive self-defence, humanitarian intervention and the `Responsibility to Protect'; peacekeeping and peace enforcement; the role of regional and international actors; and the use of force by and against non-State actors. The second part of the course considers the origins, purposes and sources of international humanitarian law; its scope of application; the different types and thresholds of conflict; the permissible means and methods of warfare (including restrictions on weapons); the status and treatment of combatants and non-combatants and others (such as spies, mercenaries, "unlawful combatants", "terrorists", journalists, and "private security contractors"); the protection of cultural property and the environment; the relationship between human rights law and humanitarian law; and the implementation, supervision and enforcement of humanitarian law (including the prosecution of war crimes and the role of the International Committee of the Red Cross).

The Critical Legal Studies (CLS) movement exploded onto the academic scene in the late 1970s and early 1980s; by the late 1990s, it had all but burned out - yet it left a profoundly changed legal academy in its wake. Previously, the central questions of legal theory had largely been addressed in a manner - whether based on natural law or legal positivism - entirely "internal" to law itself, and had been predicated upon the maintenance of hard distinctions, in both theory and practice, between, for example, law and politics, public and private, and self and other. After CLS, these - and many other - previously cherished assumptions no longer seem tenable. The purpose of this course is twofold: firstly, to provide students with an introduction to the CLS movement, including its intellectual precursors within the legal academy (such as realism) and the movements to which it gave rise or impetus, including critical feminism and critical race theory; and secondly, to expose students to some important developments in social and political philosophy, and the implications of these for the study and practice of the law. The course begins, then, with an introduction to analytical legal theory in general, before looking at the criticisms thereof of the legal realists. It then pans back to examine some of the foundations of the movement in political philosophy, drawing on the work of thinkers as diverse as Marx, the Frankfurt School, Derrida and Foucault. Next, it examines some of the central tenets of CLS work (to the extent that a discrete core of claims can be identified), and analyses the deployment of these in specific fields of law, before going on to look at some of the spin-offs of the CLS movement. It concludes by asking the key question post-CLS: What next?

This unit of study will introduce the student to a basic understanding of the variability of law as a function of the variability of the social context in which it operates. By applying comparativist theory and empirical methodology from different perspectives, the unit will prepare the ground for an appreciation of the operation of society's law in the complex historical setting of different cultural systems, nation states, multicultural societies and on the international level.

The aim of the unit of study is to provide an understanding of the economic analysis of law and to clarify fundamental differences between legal argument and the analysis of public policy. The unit defines the role of government within the framework of welfare economics and examines the social and economic effects of legal regimes within that framework. Particular attention is given to the concept of a competitive market, to the available empirical evidence of market failure, and to the need for government intervention in response to market failure and its negative consequences for social justice. Topics covered include: distributive justice and social insurance; monopoly and environmental regulation; economics of property and contract law; labour law and bargaining power; tort rights and remedies; asymmetric information, adverse selection and moral hazard, with applications to medical malpractice; agency, corporate governance and bankruptcy; family law and the economics of the household; and models of crime and the effects of criminal sanctions.

This unit of study will introduce the fundamental notions of jurisprudence understood as a theory about the aims, functions and values of law and legal system. It will aim to provide students with the critical understanding of the central issues in philosophy of law understood as a general, abstract, normative reflection on law as such rather than an examination of a concrete legal system. Nevertheless, the purpose will be to provide students with the conceptual means allowing them to conduct a critical scrutiny of particular legal systems and legal rules with which they are familiar. The course will consider, in particular (1) the notions of legitimacy, validity and authority of law; (2) the idea of rights and the nature of the rights discourse; (3) the justifications and limits of liberty rights; (4) the concept of justice, as applied to law, etc.

The unit of study will introduce the student to the basic concepts of sociological theory and methodology and will show how these concepts can be applied to the observation of the functioning of law. On the basis of such a primary understanding of how societies organise themselves and their law it will become possible for the student to appreciate and evaluate critically the efforts of socio-legal research and the conceptions of some major contributors to the sociological theory of law. The first part of this unit will look at what sociological theory and research can offer today in the description of social life, the explanation of how societies are organised, why people do what they do. Elementary sociological concepts like norm, role, group, power, class, social structure and social system will be related to the operation of the law. Concepts like these provide the tools which make it possible to examine and study systematically and carefully the social organisation and structure of legal systems, the operation and the social environments in which and in relation to which they are operating.

This unit of study aims to provide students with a critical understanding of contemporary philosophical debates about justice. It examines the moral values that law ought to promote and by which legislation and judicial decisions ought to be assessed. The unit focuses on liberal conceptions of justice and critiques thereof. The moral values that it considers include freedom, community, utility, fairness, stability and equality. Among the themes that it explores are the limits of and connections between these ideals, the prospect of their realisation in contemporary societies as well as the politics with which each is associated.

This unit seeks to facilitate critical reflection on prominent responses of both philosophers and sociologists to a single question: what is law? Among the notions to which their answers refer (and on which the unit focuses) are the following: power, norms, rules, authority, principles, convention, morality, solidarity, discourse, adjudication, interpretation, class and patriarchy.

The object of this course is to examine and evaluate theories of law in general, through the dramatising lens of their deployment in the changing context of world society. Most philosophers of international law have long insisted that there is no difference in kind between the law internal to a state, and that which exists in the global arena; and, as new actors come to be recognised as subjects in the latter, old actors receive a wider range of powers, and the range of issues upon which it impacts, these claims appear ever stronger. The decentralised nature of world society, however, and the heterarchical arrangement of many sites and processes of public power, do much to bring to the surface issues and challenges that the high level of institutionalisation in the domestic setting obscures. With this in mind, the class will begin by examining the history of international legal theory, looking at the role of positivism and natural law, realism, and functionalism; before examining in detail the rise to dominance of liberal legal theory and some of the challenges to that from the critical periphery. It will then look more closely at some concrete conceptual controversies (issues of sovereignty, human rights, humanitarian intervention and self determination), before concluding with an analysis of some new proposals for instituting order in the world community: global constitutionalism, global democracy, and global utopianism. At all stages, an attempt will be made to shed light on the theory/practice nexus in legal philosophy by linking discussions back to significant contemporary political events.
The class will be worth 6 credit points, and will run for the full semester. There will be two, two-hour classes per week for ten weeks, and it will be taught in a seminar format.

This unit of study explores the nature of legal argumentation from a philosophical perspective. With reference to various theories, it examines the process from which legal conclusions result. The principal theme is the relationship between legal and other forms of decision-making. What, if anything, is distinctive about legal rationality? How, if at all, does legal reasoning differ from other forms of argumentation? Topics for discussion include: the role of morality in legal decision-making; the politics of legal reasoning; rules and their application; the nature of legal principles; the practice of interpretation; the objectivity of legal decisions; the connection between a theory of law and a theory of legal argumentation.

This unit considers the morality of compliance with state-imposed duties through philosophical examination of various topics, such as the authority of law, the legitimacy of the state, the moral obligation to comply with legal norms as well as the practice of civil disobedience.