Unit descriptions
Faculty of Law Undergraduate Units of Study
Compulsory units of study (Combined Law 1–3)
Combined Law Year 1
LAWS1006 Foundations of Law
Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 1 Classes: 1x1-hr lecture and 1x2-hr tutorial/week Prohibitions: LAWS1000, LAWS5000 Assessment: Class participation (20%) and case analysis (30%) and essay (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study provides a foundation core for the study of law. The aim is 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.
LAWS1013 Legal Research I
Session: Semester 1,Semester 2 Classes: 6x1-hr seminars Corequisites: LAWS1006 Prohibitions: LAWS1008 Assessment: Satisfactory attendance, eLearning quizzes and in-class exam. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Semester 1
Note: Semester 1 classes are for Combined Law candidates in the Faculty of Arts and Social Sciences. Semester 2 classes are for Combined Law candidates in the Business School and faculties of Architecture, Engineering and Science.
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.
LAWS1012 Torts
Credit points: 6 Teacher/Coordinator: Assoc Prof David Rolph Session: Semester 2 Classes: 1x2-hr lecture and 1x1-hr tutorial/week Prerequisites: LAWS1006 Prohibitions: LAWS1005, LAWS1010, LAWS3001, LAWS5001 Assessment: Assignment (30%) and tutorial participation (10%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
(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.
Combined Law Year 2
LAWS1015 Contracts
Credit points: 6 Teacher/Coordinator: Dr Wayne Courtney Session: Semester 1,Summer Early Classes: 2x2-hr lectures or tutorials/week Prerequisites: LAWS1006 Prohibitions: LAWS1002, LAWS2008, LAWS5002 Assessment: Class participation (10%) and take-home assignment (30%) and 2hr final exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS1014 Civil and Criminal Procedure
Credit points: 6 Teacher/Coordinator: Ms Miiko Kumar Session: Semester 1 Classes: 1x2-hr lecture and 1x2-hr tutorial/week for 10 weeks Prerequisites: LAWS1006, LAWS1012 Prohibitions: LAWS1001, LAWS1007, LAWS3002, LAWS3004, LAWS2006, LAWS5003 Assessment: Tutorial participation (15%), court visit assignment max 750wd (10%) and 2 hr final exam (75%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS1016 Criminal Law
Credit points: 6 Teacher/Coordinator: Prof Mark Findlay Session: Semester 2 Classes: 2x2-hr seminar/week for 10 weeks. Prerequisites: LAWS1006, LAWS1014 Prohibitions: LAWS1003, LAWS3001, LAWS2009, LAWS5004 Assessment: Class participation (10%) and research essay (30%) and 2hr open book exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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) An understanding of how criminal liability is determined. 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.
Combined Law Year 3
LAWS1023 Public International Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Chester Brown Session: Semester 1 Classes: 1x2-hr lecture/week and 1x1-hr tutorial/week Prerequisites: LAWS1006 Prohibitions: LAWS1018, LAWS2005, LAWS5005 Assessment: 2,500wd optional, non-redeemable, problem assignment (30%) and 2hr 30min final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
LAWS1021 Public Law
Credit points: 6 Teacher/Coordinator: Ms Elisa Arcioni Session: Semester 2,Summer Late Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1006 Prohibitions: LAWS2002, LAWS3003, LAWS1004, LAWS5007 Assessment: 1hr in-class test (25%) and 2hr exam (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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, focusing on questions of power: what power is exercised by whom, from what source, with what limits and how and by whom is the exercise of those powers to be scrutinised. The unit begins with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit then moves to consider the three arms of government and related concepts such as representative and responsible government. The unit then moves to consider the various mechanisms by which the executive can be made acountable, including by the Parliament, judicial review, merits review and investigative tribunals
LAWS1017 Torts and Contracts II
Credit points: 6 Teacher/Coordinator: Dr Wayne Courtney Session: Semester 2,Summer Early Classes: 1x2-hr lecture and 1x1-hr tutorial/week Prerequisites: (LAWS1010 or LAWS1012) and LAWS1015 Prohibitions: LAWS5006 Assessment: 2000wd assignment (30%) and tutorial participation (10%) and 2hr exam (60%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider the impact of related statutes. Core topics are:
(a) Concurrent, proportionate and vicarious liability;
(b) Liability (and remedies) for misrepresentation in tort and contract and for misleading conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(c) Liability for negligently inflicted economic loss in tort, including some comparative study;
(d) Damages for breach of contract; and
(e) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake; duress; and undue influence. This topic includes a study of equitable principles and statutory rights and remedies (such as those under the Australian Consumer Law).
Other topics will be studied to the extent class time allows. These topics may include: tort remedies for interference with goods; breach of statutory duty; public nuisance; and illegality in contract.
(a) Concurrent, proportionate and vicarious liability;
(b) Liability (and remedies) for misrepresentation in tort and contract and for misleading conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(c) Liability for negligently inflicted economic loss in tort, including some comparative study;
(d) Damages for breach of contract; and
(e) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake; duress; and undue influence. This topic includes a study of equitable principles and statutory rights and remedies (such as those under the Australian Consumer Law).
Other topics will be studied to the extent class time allows. These topics may include: tort remedies for interference with goods; breach of statutory duty; public nuisance; and illegality in contract.
LAWS1019 Legal Research II
Session: Semester 1,Semester 2 Classes: 4x2-hr seminars Prerequisites: LAWS1013 Prohibitions: LAWS1008, LAWS1022 Assessment: Satisfactory attendance and in-class exam Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Semester 1 classes are for Combined Law candidates in the Faculty of Arts and Social Sciences. Semester 2 classes are for Combined Law candidates in the Business School and faculties of Architecture, Engineering and Science.
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.
Graduate Law Year 1
LAWS1006 Foundations of Law
Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 1 Classes: 1x1-hr lecture and 1x2-hr tutorial/week Prohibitions: LAWS1000, LAWS5000 Assessment: Class participation (20%) and case analysis (30%) and essay (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study provides a foundation core for the study of law. The aim is 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.
LAWS1012 Torts
Credit points: 6 Teacher/Coordinator: Assoc Prof David Rolph Session: Semester 2 Classes: 1x2-hr lecture and 1x1-hr tutorial/week Prerequisites: LAWS1006 Prohibitions: LAWS1005, LAWS1010, LAWS3001, LAWS5001 Assessment: Assignment (30%) and tutorial participation (10%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
(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.
LAWS1022 Legal Research I & II
Teacher/Coordinator: Mr Graeme Coss Session: Semester 1 Classes: 6x2hr seminars. Students attend JD legal research classes. Corequisites: LAWS1006 Prohibitions: LAWS1008, LAWS1013, LAWS1019 Assessment: This is assessed on a pass/fail basis and includes WebCT-based quizzes, 1x assignment and 1x in-class exam. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Available to graduate LLB candidates who commenced prior to 2011.
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.
LAWS1014 Civil and Criminal Procedure
Credit points: 6 Teacher/Coordinator: Ms Miiko Kumar Session: Semester 1 Classes: 1x2-hr lecture and 1x2-hr tutorial/week for 10 weeks Prerequisites: LAWS1006, LAWS1012 Prohibitions: LAWS1001, LAWS1007, LAWS3002, LAWS3004, LAWS2006, LAWS5003 Assessment: Tutorial participation (15%), court visit assignment max 750wd (10%) and 2 hr final exam (75%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS1015 Contracts
Credit points: 6 Teacher/Coordinator: Dr Wayne Courtney Session: Semester 1,Summer Early Classes: 2x2-hr lectures or tutorials/week Prerequisites: LAWS1006 Prohibitions: LAWS1002, LAWS2008, LAWS5002 Assessment: Class participation (10%) and take-home assignment (30%) and 2hr final exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS1017 Torts and Contracts II
Credit points: 6 Teacher/Coordinator: Dr Wayne Courtney Session: Semester 2,Summer Early Classes: 1x2-hr lecture and 1x1-hr tutorial/week Prerequisites: (LAWS1010 or LAWS1012) and LAWS1015 Prohibitions: LAWS5006 Assessment: 2000wd assignment (30%) and tutorial participation (10%) and 2hr exam (60%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider the impact of related statutes. Core topics are:
(a) Concurrent, proportionate and vicarious liability;
(b) Liability (and remedies) for misrepresentation in tort and contract and for misleading conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(c) Liability for negligently inflicted economic loss in tort, including some comparative study;
(d) Damages for breach of contract; and
(e) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake; duress; and undue influence. This topic includes a study of equitable principles and statutory rights and remedies (such as those under the Australian Consumer Law).
Other topics will be studied to the extent class time allows. These topics may include: tort remedies for interference with goods; breach of statutory duty; public nuisance; and illegality in contract.
(a) Concurrent, proportionate and vicarious liability;
(b) Liability (and remedies) for misrepresentation in tort and contract and for misleading conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(c) Liability for negligently inflicted economic loss in tort, including some comparative study;
(d) Damages for breach of contract; and
(e) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake; duress; and undue influence. This topic includes a study of equitable principles and statutory rights and remedies (such as those under the Australian Consumer Law).
Other topics will be studied to the extent class time allows. These topics may include: tort remedies for interference with goods; breach of statutory duty; public nuisance; and illegality in contract.
LAWS1023 Public International Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Chester Brown Session: Semester 1 Classes: 1x2-hr lecture/week and 1x1-hr tutorial/week Prerequisites: LAWS1006 Prohibitions: LAWS1018, LAWS2005, LAWS5005 Assessment: 2,500wd optional, non-redeemable, problem assignment (30%) and 2hr 30min final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
LAWS1021 Public Law
Credit points: 6 Teacher/Coordinator: Ms Elisa Arcioni Session: Semester 2,Summer Late Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1006 Prohibitions: LAWS2002, LAWS3003, LAWS1004, LAWS5007 Assessment: 1hr in-class test (25%) and 2hr exam (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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, focusing on questions of power: what power is exercised by whom, from what source, with what limits and how and by whom is the exercise of those powers to be scrutinised. The unit begins with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit then moves to consider the three arms of government and related concepts such as representative and responsible government. The unit then moves to consider the various mechanisms by which the executive can be made acountable, including by the Parliament, judicial review, merits review and investigative tribunals
LAWS1016 Criminal Law
Credit points: 6 Teacher/Coordinator: Prof Mark Findlay Session: Semester 2 Classes: 2x2-hr seminar/week for 10 weeks. Prerequisites: LAWS1006, LAWS1014 Prohibitions: LAWS1003, LAWS3001, LAWS2009, LAWS5004 Assessment: Class participation (10%) and research essay (30%) and 2hr open book exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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) An understanding of how criminal liability is determined. 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.
Combined Law Year 4/5 and Graduate Law Year 2
LAWS2010 Administrative Law
Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1021 Corequisites: LAWS2011 Prohibitions: LAWS2002, LAWS5010 Assessment: 2000wd research paper (40%) and 2hr open book final exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS2011 Federal Constitutional Law
Credit points: 6 Teacher/Coordinator: Prof Peter Gerangelos Session: Semester 1 Classes: 2x2-hr lectures/week for 10 weeks Prerequisites: LAWS1021 Prohibitions: LAWS1004, LAWS3000, LAWS3003, LAWS5011 Assessment: 2,500wd assignment (30%) and 2 1/2 hr final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
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.
LAWS2012 Intro to Property and Commercial Law
Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Semester 1,Summer Early Classes: 2x2-hr lectures/week (for 5 weeks) and 1x2-hr lecture and 1x2-hr tutorial/week (for 5 weeks) Prerequisites: LAWS1006 Prohibitions: LAWS2004, LAWS2007, LAWS5008 Assessment: 1hr mid-term test (30%) and 2hr final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 (including ownership, possessory and security interests); an introduction to real property (including the doctrine of tenure and estates and rights to fixtures); an overview of the principles underpinning old system, Torrens and native title to land; the nature and classification of legal and equitable interests in land and personalty; the principles governing the creation and 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 statutory and general law principles for resolving competing claims to property.
Key topics covered will include: notions of "property"; an introduction to personal property (including ownership, possessory and security interests); an introduction to real property (including the doctrine of tenure and estates and rights to fixtures); an overview of the principles underpinning old system, Torrens and native title to land; the nature and classification of legal and equitable interests in land and personalty; the principles governing the creation and 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 statutory and general law principles for resolving competing claims to property.
LAWS2013 The Legal Profession
Credit points: 6 Teacher/Coordinator: Dr Rita Shackel Session: Semester 1,Summer Early Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS1001, LAWS3002, LAWS3004, LAWS5009 Assessment: 1000wd interim assignment (20%) and final take-home exam (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolmentin the following sessions:Summer Early
The Legal Profession critically examines notions of legal professionalism and the regulation of legal services markets, legal practice and practitioners. Part 1 of The Legal Profession examines the nature of legal professionalism, the structure of the legal profession and the contours that shape legal services markets. Part 2 explores the regulation of the profession including historical challenges and diverse theoretical views and models of regulation are examined. The current regulatory regime in New South Wales is analysed in detail focusing on recent changes and the impact of a National Legal Profession. Part 3 explores specific forms of legal practice, highlights the major cultural and economic forces that challenge the parameters of legal professionalism and regulation of the profession. Alternative ways of organising legal practice and the legal services market are canvassed focusing in particular, on the impacts of modern technology and globalisation. Part 4 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 clients the Court and third parties, and the ways in which the rules and principles of confidentiality and conflicts of interest shape the advice and representation lawyers provide for clients. This unit of study demands active participation by students and ongoing critical reflection of the issues raised throughout the semester. A series of case studies is used to engage students and encourage critical and reflective thinking.
LAWS2014 Corporations Law
Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Semester 2,Summer Early Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS2003, LAWS5014 Assessment: Final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS2015 Equity
Credit points: 6 Teacher/Coordinator: Prof Matthew Conaglen Session: Semester 2,Summer Main,Winter Main Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS2004, LAWS5015 Assessment: Final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS2016 Evidence
Credit points: 6 Teacher/Coordinator: Assoc Prof David Hamer, Ms Miiko Kumar Session: Semester 2,Summer Early,Winter Main Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1006 and LAWS1014 Prohibitions: LAWS2006, LAWS5013 Assessment: Final exam (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS2017 Real Property
Credit points: 6 Teacher/Coordinator: Assoc Prof Fiona Burns Session: Semester 2,Winter Main Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS2012 Prohibitions: LAWS2007 Assessment: 1 hour mid-term test (30%) and 100 min final exam (70%) Assessment is subject to change. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
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.
Combined Law Year 5/6 and Graduate Law Year 3
LAWS2018 Private International Law A
Credit points: 6 Teacher/Coordinator: Mr Ross Anderson Session: Semester 1,Semester 2 Classes: 2x2-hr seminars Prohibitions: LAWS2005, LAWS1018 Assessment: 1 x 45 min class test (20%), 1 x 2hr final exam (80%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Comparative choice of law in tort (with particular reference to the European Union, Canada and the United States of America); and (9) Recognition and enforcement of foreign judgments.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Comparative choice of law in tort (with particular reference to the European Union, Canada and the United States of America); and (9) Recognition and enforcement of foreign judgments.
Elective Units of Study
LAWS3401 Advanced Constitutional Law
Credit points: 6 Teacher/Coordinator: Prof Peter Gerangelos Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1004 or LAWS3000 or LAWS3003 or (LAWS1021 and LAWS2011) Corequisites: LAWS2011 Prohibitions: LAWS3027, LAWS5101 Assessment: Class-participation (20%); and either 1) 6000wd research essay (80%); or 2) 4000wd essay (40%) and 2hr exam (40%). The class participation is redeemable. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3404 Advanced Criminal Law
Credit points: 6 Teacher/Coordinator: Dr Arlie Loughnan Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1016 or LAWS1003 or LAWS2009 Prohibitions: LAWS3445, LAWS5104 Assessment: Research paper proposal (20%) and research paper (60%) and class participation (20%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit critically examines the criminal law, criminal justice institutions and penal practices in the context of legal scholarly debates. It provides the opportunity for reflection on the contemporary challenges of coordination and legitimation facing the criminal law. Topics to be considered may include criminal responsibility, capacity, gender and criminal law, corporate criminal liability, offence construction and trends in sentencing. In addition to these topics, the unit will attempt to respond to cutting edge developments in the criminal law as they arise. This unit of study is structured around a set of 'challenges' for the contemporary criminal law. Each 'challenge' forms the lens through which larger or longer-term theoretical and others issues are discussed. This unit does not adopt a topic- driven approach to criminal law; instead, it adopts an explicitly critical socio-historical approach to the study of law. Discussion of relevant academic commentary forms a core part of the subject matter of the course.
LAWS3406 Advanced Evidence
Credit points: 6 Teacher/Coordinator: Ms Miiko Kumar Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2006 or LAWS2016 Prohibitions: LAWS5106 Assessment: Class participation (25%) and 4000wd research essay (75%) (subject to class size) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit builds on knowledge gained in the compulsory course Evidence (or Litigation). The unit has three aims. Firstly, it examines the rules of evidence covered in the compulsory Evidence course in greater depth. Secondly, this unit covers new topics such as (i) theories of evidence (ii) identification evidence, (iii) evidence of past sexual history (iv) interaction between human rights legislation and evidential rules. Thirdly, the unit engages in a comparative analysis with evidential rules in Australian and International jurisdictions.
LAWS3477 Advanced Obligations and Remedies
Credit points: 6 Teacher/Coordinator: Prof Barbara McDonald, Prof Elisabeth Peden Session: Winter L1 Classes: Intensive mode. Classes will be held on 8, 9, 11, 12 July 2013 at Clare College Cambridge, United Kingdom Prerequisites: LAWS1010 or LAWS1012, LAWS1002 or (LAWS1015 and LAWS1017), LAWS2004 or LAWS2015 Prohibitions: LAWS5177 Assessment: 1000wd casenote (20%) to be submitted at the commencement of classes and 5000wd essay (80%) due 23 August. Campus: United Kingdom Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Enrolment is by special application.
This unit will be taught intensively over 4 days in Cambridge, UK, from 9 am to 5 pm each day. It will explore a number of contentious and advanced 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 depend on the expertise of the guest lecturers in these areas but will include :
- causation and scope of liability in assessing loss
-controlling liability by contract
-restitution in contract
- economic torts
-duties of good faith
- aspects of fiduciary duties and power and duties of trustees
- duties of confidence
- causation and scope of liability in assessing loss
-controlling liability by contract
-restitution in contract
- economic torts
-duties of good faith
- aspects of fiduciary duties and power and duties of trustees
- duties of confidence
LAWS3408 Advanced Public International Law
Credit points: 6 Teacher/Coordinator: Prof Mary Crock, Assoc Prof Chester Brown Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1018 or LAWS1023 or LAWS2005 Prohibitions: LAWS3009, LAWS5108 Assessment: 3,000wd essay (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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, LAWS1023 Public International Law or LAWS5005 Public International Law, or an equivalent unit undertaken at another institution.
The topics covered by this unit are: (1) the international law of the sea; (2) international environmental law; (3) international refugee law; and (4) the law of international organisations and systems of monitoring and compliance in international law. These topics 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 are extremely topical on the national and international agendas.
The topics covered by this unit are: (1) the international law of the sea; (2) international environmental law; (3) international refugee law; and (4) the law of international organisations and systems of monitoring and compliance in international law. These topics 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 are extremely topical on the national and international agendas.
LAWS3409 Advanced Taxation Law
Credit points: 6 Teacher/Coordinator: Ms Celeste Black Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS3047 or LAWS3412 Prohibitions: LAWS3013, LAWS5109 Assessment: 1hr class test (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 entities and complex transactions, and the operation of the income tax in an international environment. The taxes covered extend beyond the income tax to include goods and services tax. This unit of study will cover the following topics: (a) business cost recovery mechanisms: trading stock and depreciation (b) the taxation of business entities and their owners: partnerships, trusts and companies; (c) taxation of international transactions; (d) goods and services tax; and (e) tax administration.
LAWS3410 Animal Law
Credit points: 6 Teacher/Coordinator: Ms Celeste Black Session: Semester 1 Classes: 2x2hr seminars/wk Prohibitions: LAWS3088, LAWS5110 Assessment: optional assignment (30%) and 2hr exam (70%or 100%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 that 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; 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, and endangered species. Although the focus of the unit is the law in Australia, wherever relevant the approach adopted in Australia will be compared and contrasted with that of other jurisdictions.
LAWS3411 Anti-Discrimination Law
Credit points: 6 Teacher/Coordinator: Dr Belinda Smith Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3012, LAWS5112 Assessment: Class participation (10%) and online short answer exam (25%) and 2hr exam (65%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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 examples of 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.
LAWS3412 Australian Income Tax
Credit points: 6 Teacher/Coordinator: Mr Micah Burch Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3047, LAWS5112 Assessment: 2hr mid-semester quiz (30%) and 2hr final exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3413 Banking and Financial Instruments
Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002, LAWS2004 or LAWS2015, LAWS2007 or LAWS2017 Prohibitions: LAWS3101, LAWS5113 Assessment: Three options: 1) 2,500wd assignment (50%) (earlier submission date) and 1hr exam (50%); 2) 2,500wd assignment (50%) (later submission date) and 1hr exam (50%); 3) 3,500wd essay (50%) and 1hr exam (50%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit aims to provide students with:
* An overview of the legal regulation and supervision of banks and other Authorised Deposit-taking Institutions (ADIs);
* An understanding of the legal basis of the relationship between banks, ADIs and their customers, and an overview of the more common rights and duties that adhere to the banker/customer relationship;
* An introduction to negotiable instruments (cheques and bills of exchange), letters of credit and performance bonds, and guarantees;
* An introduction to the Personal Property Securities Act 2009 and its impact on secured lending.
* An overview of the legal regulation and supervision of banks and other Authorised Deposit-taking Institutions (ADIs);
* An understanding of the legal basis of the relationship between banks, ADIs and their customers, and an overview of the more common rights and duties that adhere to the banker/customer relationship;
* An introduction to negotiable instruments (cheques and bills of exchange), letters of credit and performance bonds, and guarantees;
* An introduction to the Personal Property Securities Act 2009 and its impact on secured lending.
LAWS3497 Canadian Constitutional Law
Credit points: 6 Teacher/Coordinator: Prof Steve Ross Session: Int August Classes: Taught intensively for the first three weeks of semester. 5 x 2hr - 3hr seminars/wk for 3 weeks. Prohibitions: LAWS5197 Assessment: Class participation (20%) and three case analyses (30%) and 3000wd take-home final exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit provides an in-depth introduction to the principles, core concepts, and key cases of Canadian Constitutional Law. It traces the structure and role of the Supreme Court of Canada and, prior to 1949, the Judicial Committee of the Privy Council, and the development of constitutional reasoning from confederation in 1867 through the adoption of the Charter of Rights in 1982 to the present. Topics will include federalism, free expression and related rights, the right to fundamental justice when life, liberty, or security of the person are at risk, the lack of economic or property rights in the Constitution, language rights, and aboriginal rights. Students will also be introduced to, and encouraged to engage in, normative debates about constitutional values.
LAWS3068 Chinese Laws and Chinese Legal Systems
Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath (China), Prof Bing Ling (Sydney) Session: Semester 2,Summer L3 Classes: China: Intensive mode (3 weeks). Teaching takes place in November/December in Shanghai as part of the Shanghai Winter School. Sydney: 2x2hr seminars/wk Prohibitions: LAWS3014, LAWS5368 Assessment: China: 2hr exam to be completed in Shanghai (100%). Sydney: 3000wd optional essay (50%) and 1hr exam (50%) or 2hr exam (100%). Campus: Shanghai Mode of delivery: Block Mode
Note: Department permission required for enrolmentin the following sessions:Summer L3
Note: Enrolment in the Shanghai Winter School is by application in August 2013.
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; environmental Law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law.
LAWS3416 Commercial Dispute Resolution
Credit points: 6 Teacher/Coordinator: Mr Paul Scanlon Session: Semester 2 Classes: 1 x 4-hr seminar/week for 10 weeks Prohibitions: LAWS3006, LAWS3022, LAWS5116 Assessment: 1 x 3,500wd research essay (45%) and assessable workshops (3x15%) and class participation (10%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Enrolment in this unit of study is by special application and priority is given to final year students.
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.
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.
LAWS3419 Competition Law
Credit points: 6 Teacher/Coordinator: Mr David Howarth Session: Semester 2 Classes: 2 x 2-hr seminars/week for 10 weeks Prohibitions: LAWS3016, LAWS5119 Assessment: Class presentation (10%) and 3000wd essay (30%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study examines competition law and policy in Australia. The central part of the course deals with Part IV of the Competition and Consumer Act 2010 (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 Competition and Consumer Act 2010 (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.
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 Competition and Consumer Act 2010 (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.
LAWS3422 Contract and Equity in Land Dealings
Credit points: 6 Teacher/Coordinator: Ms Patricia Lane Session: Semester 1 Classes: 2x2hr seminars/wk Prerequisites: LAWS2007 or LAWS2017 Prohibitions: LAWS3017, LAWS5122 Assessment: 3,000wd research essay (40%) and take home exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
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.
LAWS3424 Corporate and Securities Regulation
Credit points: 6 Teacher/Coordinator: Freehills and Corrs Chambers Westgarth staff Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks at Phillip St building Prerequisites: LAWS2003 or LAWS2014 Prohibitions: LAWS3108, LAWS5124 Assessment: Class participation and problem questions (10%) and 3hr exam (90%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3426 Criminology
Credit points: 6 Teacher/Coordinator: Dr Murray Lee Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3020, LAWS5126 Assessment: 2,500-3,000wd research essay (60%) and 1,200wd presentation paper (30%) and class facilitation (10%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3427 Death and Inheritance Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Fiona Burns Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3056, LAWS5127 Assessment: Class presentation (20%) and 2000wd research essay (30%) and 1hr exam (50%). NB Subject to change and dependent on enrolment numbers. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit covers the law that governs the transmission of property rights from one holder to other persons on the death of the holder. The unit begins with an overview of succession law in Australia; looking at testamentary freedom in its historical context; the development of powers of testation, and the reception of English law in NSW. The unit then considers the modern family relationships for succession; the boundaries of the law of succession (dealing with such matters as nominations, donationes mortis causa and contracts involving wills); the legal fact of death; intestate succession, the law of wills, family provision legislation and some aspects of the administration of deceased estates.
LAWS3478 Development, Law and Human Rights
Credit points: 6 Teacher/Coordinator: Prof David Kinley, Ms Irene Baghoomians Session: Summer L4 Classes: Summer school: held as a field school in Nepal (21 Jan-3 Feb 2013). Subject to change. Prohibitions: LAWS5178 Assessment: Take-home exam (40%) and 4000wd research essay (60%) Campus: Nepal Mode of delivery: Field Experience
Note: Department permission required for enrolment
Note: Enrolment in the field school is by application in 2012.
This unit exposes students to the role and limits of law and justice in addressing acute problems of socio-economic development and human rights in developing countries. The themes explored from year to year may include:
* Different ideas about 'development' and the role of law, legal processes and institutions, legal reform, justice, and the rule of law in development;
* The relationships between development and human rights, including socio-economic rights;
* The role in development of international organisations (eg, United Nations), donor agencies (eg, World Bank, Asian Development Bank, AusAID), and local institutions;
* Conflict, justice, peace and development;
* Issues concerning gender, children, indigenous peoples, minorities, and refugees;
* The role of law in environmental and resource disputes over development;
* Critical evaluation of development and legal reform initiatives.
* Different ideas about 'development' and the role of law, legal processes and institutions, legal reform, justice, and the rule of law in development;
* The relationships between development and human rights, including socio-economic rights;
* The role in development of international organisations (eg, United Nations), donor agencies (eg, World Bank, Asian Development Bank, AusAID), and local institutions;
* Conflict, justice, peace and development;
* Issues concerning gender, children, indigenous peoples, minorities, and refugees;
* The role of law in environmental and resource disputes over development;
* Critical evaluation of development and legal reform initiatives.
LAWS3430 Environmental Law
Credit points: 6 Teacher/Coordinator: Dr Andrew Edgar, Ms Susan Shearing Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Corequisites: LAWS2002 or LAWS2010 Prohibitions: LAWS3024, LAWS5130 Assessment: In-class test (50%) and take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study introduces students to the principles of environmental law. The unit begins by examining environmental ethics, the principles of ecologically sustainable development, and the consequences of the Australian federal system for environmental regulation. Environmental laws in various contexts are then examined - including climate change, heritage, biodiversity, land-use and pollution.
LAWS3474 Equity and Financial Risk Allocation
Credit points: 6 Teacher/Coordinator: Prof John Stumbles Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2004 or LAWS2015 Prohibitions: LAWS5174 Assessment: 3000wd problem questions (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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).
LAWS3431 External Placement Program
Credit points: 6 Session: Semester 2 Classes: 8/9 x 2-hr seminars/semester Prohibitions: LAWS3025, LAWS5131 Assessment: class presentation and performance (30%) and site performance (30%) and 3000wd essay (40%). Campus: Camperdown/Darlington Mode of delivery: Professional Practice
Note: Department permission required for enrolment
Note: Enrolment in this unit is by special application. Enrolment is restricted to students in their final year of study.
In this unit of study students are afforded the opportunity to work the equivalent of 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;
* interacted 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.
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;
* interacted 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.
LAWS3432 Family Law
Credit points: 6 Teacher/Coordinator: Prof Patrick Parkinson Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3026, LAWS5132 Assessment: 3,000wd assignment (40%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Family Law deals with the core provisions of the Family Law Act 1975 governing parenting of children and the property of married couples and persons in a de facto relationship. 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.
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.
LAWS3260 Independent Research Project
Credit points: 6 Session: Semester 1,Semester 2,Summer Late Prohibitions: LAWS3030, LAWS3031, LAWS3115, LAWS5315, LAWS5330, LAWS5331, LAWS5360 Assessment: 7,500wd research paper (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application and is restricted to students in their final year of study who meet the relevant academic criteria.
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.
LAWS3445 Insolvency Law
Credit points: 6 Teacher/Coordinator: Prof John Stumbles Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2003 or LAWS2014 Prohibitions: LAWS3403, LAWS5103, LAWS5145 Assessment: 3000wd problem questions (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The unit provides an introduction to the law regulating insolvent individuals and companies. It explores the objectives and key principles of insolvency law, the pari passu principle, the various forms of insolvent administration including bankruptcy, liquidation and voluntary administration and associated procedures together with the avoidance of transactions in insolvency. The unit also considers the impact of insolvency on employees, unsecured creditors, shareholders and trustee's of trusts.
LAWS3437 International Commercial Arbitration
Credit points: 6 Teacher/Coordinator: Prof Luke Nottage, Assoc Prof Chester Brown Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002 or LAWS2008 Prohibitions: LAWS3092, LAWS5137 Assessment: 2,000-2,500wd mid-term assignment (40%) and 2hr exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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, and the relevance and use of mediation (and its hybrids) in resolving commercial disputes. The unit will address the role and significance of specialised forms of international arbitrations and organisations involved in administering international arbitrations, including investor-State arbitrations under investment treaties and free trade agreements.
LAWS3438 International Commercial Transactions
Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath, Prof Luke Nottage Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002 or LAWS2008 Prohibitions: LAWS3072, LAWS5138 Assessment: Optional 3000wd research essay (50%) and final exam (50% or 100%). Participation in the final skills/negotiation exercise is a compulsory part of the course. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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, product liability and safety regulation, 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 doing business in foreign markets and use of available business structures, students will look at the structure and drafting of international commercial agreements, and participate in a skills exercise.
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, product liability and safety regulation, 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 doing business in foreign markets and use of available business structures, students will look at the structure and drafting of international commercial agreements, and participate in a skills exercise.
LAWS3434 International Human Rights Law
Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2005 or LAWS1018 or LAWS1023 Prohibitions: LAWS3034, LAWS5134 Assessment: 4000wd essay (60%) and take-home exam (40%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3489 International Moot
Credit points: 6 Session: Int December,Int November,Semester 1 Classes: There are no formal classes scheduled for this unit. Prerequisites: LAWS1018 or LAWS1023. Other pre-requisites may apply to individual moots. Prohibitions: LAWS3093, LAWS3035, LAWS5189 Assessment: Course participation, general participation and preparation as required (15%), research and writing of memorials (35%), preparation and participation in mooting rounds and competitions (50%). Assessment may vary across individual moots. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study will be by special application, and will be based on competitive selection in accordance with the rules of the individual competion.
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 and may include competitions such as the Vis International Commercial Arbitration Moot, the Jean-Pictet International Humanitarian Law Moot, Tokyo Negotiation and Arbitration Moot and the European Law Students' Association WTO Moot. 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.
LAWS3443 Interpretation
Credit points: 6 Teacher/Coordinator: Ms Patricia Lane Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: (LAWS1002 or LAWS2008 or LAWS1015) and (LAWS2002 or LAWS1021) Prohibitions: LAWS5143 Assessment: 2,500-3,000wd research essay (40%) and 1000wd drafting exercise (20%) and take home exam OR optional additional research essay (40%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
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.
LAWS3441 Introduction to Islamic Law
Credit points: 6 Teacher/Coordinator: Dr Salim Farrar Session: Semester 1 Classes: 2x2-hr seminar/week for 10 weeks Prohibitions: LAWS5141 Assessment: class test (10%) and class presentation (10%) and class participation (10%) and 4000-5000wd research essay (70%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
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.
LAWS3480 IP: Copyright and Designs
Credit points: 6 Teacher/Coordinator: Assoc Prof Kim Weatherall (sem 1), Mr Fady Aoun (sem 2) Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3033, LAWS3423, LAWS5180 Assessment: Two options: (1) 5,000wd research essay (50%) and 1.5hr exam (50%); or (2) 2.5 hr examination (100%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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
LAWS3479 IP: Trademarks and Patents
Credit points: 6 Teacher/Coordinator: Mr Fady Aoun (sem 1), Assoc Prof Kim Weatherall (sem 2) Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3472, LAWS3033, LAWS3423, LAWS5179 Assessment: Two options: (1) 5,000wd research essay (50%) and 1.5hr exam (50%); or (2) 2.5 hr examination (100%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3444 Japanese Law
Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (coordinator). Kyoto/Tokyo course taught by ANJeL co-directors and other professors and practitioners in Japan. Session: Int February Classes: Summer Intensive in Kyoto and Tokyo 5-9 and 12-13 February 2013. Intro class 30 January (5-7pm) in Sydney. Includes field trips such as study tour to Osaka. Prohibitions: LAWS3076, LAWS5144 Assessment: Two 750wd reflective notes (20%) and 4500wd research essay (80%) Campus: Kyoto/Tokyo Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Applications for the offshore intensive unit open on 10 September 2012 and close on 5 October 2012: see http://sydney.edu.au/law/caplus. For further details of the course see www.kyoto-seminar.jp.
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 taught intensively in Japan after an introductory class in Sydney. The first week in Kyoto 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 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, labour law and corporate governance. Students do not need to take the classes over 15-16 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 17 February.
LAWS3446 Labour Law
Credit points: 6 Teacher/Coordinator: Dr Shae McCrystal Session: Semester 2 Classes: 2x2hr seminars/wk Prohibitions: LAWS3023, LAWS5146 Assessment: Assignments (40%) and open book exam (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit of study examines the legal regulation of work relationships in Australia in the 21st century. The course is designed to equip students with a broad understanding of the legal rules, principles and institutions which form Australia's system of workplace relations and to place that system in its global context.
The course concentrates primarily on the employment relationship (distinct from other types of commercial arrangements under which work is performed) and will examine the way in which that relationship is regulated by private contract law and statute.
The course offers both a theoretical and practical focus. Students are invited to reflect on the role of legal regulation of work relationships, and to critically assess the effectiveness of Australia's laws.
By completing this unit of study, student should acquire:
- A general understanding of the system of workplace relations in Australia, and the way that system has developed in recent years.
- Knowledge and understanding of the legal responsibilities of employers and employees at the workplace.
- A working knowledge of the framework and operation of the Fair Work Act 2009 (Cth).
The course concentrates primarily on the employment relationship (distinct from other types of commercial arrangements under which work is performed) and will examine the way in which that relationship is regulated by private contract law and statute.
The course offers both a theoretical and practical focus. Students are invited to reflect on the role of legal regulation of work relationships, and to critically assess the effectiveness of Australia's laws.
By completing this unit of study, student should acquire:
- A general understanding of the system of workplace relations in Australia, and the way that system has developed in recent years.
- Knowledge and understanding of the legal responsibilities of employers and employees at the workplace.
- A working knowledge of the framework and operation of the Fair Work Act 2009 (Cth).
LAWS3900 Law Honours
Credit points: 12 Teacher/Coordinator: Ms Celeste Black Session: Semester 1,Semester 2 Assessment: Attendance at a research workshop and one 12,000wd dissertation (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Further information regarding the honours program, including eligibility requirements, workload, supervision and award, can be found at http://sydney.edu.au/law/cstudent/undergrad/honours_program.shtml.
The Honours Unit in Law consists of:
1. A dissertation written under the supervision of one member of academic staff, and
2. Participation in a non-assessable research workshop.
The dissertation will be a maximum of 12,000 words (inclusive of footnotes).
1. A dissertation written under the supervision of one member of academic staff, and
2. Participation in a non-assessable research workshop.
The dissertation will be a maximum of 12,000 words (inclusive of footnotes).
LAWS3044 Law International Exchange Electives
Credit points: 24 Session: Semester 1,Semester 2 Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Available to outbound exchange students only.
For students studying overseas on an official university exchange program.
LAWS3494 Legal Systems in South East Asia
Credit points: 6 Teacher/Coordinator: Dr Simon Butt, Dr Salim Farrar Session: Int July Classes: Intensive mode. Teaching takes place from 1 - 12 July in Indonesia and Malaysia as part of the Southeast Asian Winter School. Prohibitions: LAWS5194, LAWS6149 Assessment: 1 exam in Indonesia (20%) and 1 exam in Malaysia (20%) and 1 x 4000 wd essay (60%). TBC. Campus: Malaysia Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: Enrolment in the winter school is by application to the Law School.
This unit introduces students to the legal systems of Southeast Asia, focusing on Indonesia and Malaysia. The course emphasises legal pluralism - that is, the operation of different bodies of law for particular groups in those countries, colonial, national, Islamic and customary law - and compares how countries in Southeast Asia have handled it. The Indonesia component of the course will be taught at Gadjah Mada University in Yogyakarta, which has one of Indonesia's finest law faculties. Students will learn the fundamentals of the Indonesian legal system. The component will be geared towards not only those who want to practice commercial law in Indonesia, but also those who are interested in other areas, including law reform, human rights, Islamic law, constitutional law, environmental law and criminal law. The Malaysian component will be taught at the International Islamic University in Kuala Lumpur, which has one of the largest and most prestigious law faculties in Malaysia. Established in 1983, the faculty has sought to teach and provide expertise on harmonizing Shari'a with Civil and Common Law. Students will learn the fundamentals of the Malaysian legal system in the contexts of Malaysia's competing ethnicities, political and economic reform and the harmonization of laws. A particular focus will be on the dual banking system and the role of Islamic law in the development of trade, banking and finance.
LAWS3451 Media Law: Contempt and Open Justice
Credit points: 6 Teacher/Coordinator: Assoc Prof David Rolph Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3059, LAWS5151 Assessment: Four options: 1) 2,500wd assignment (30%) and 2 hr exam (70%); 2) 3,500wd essay (40%) and 2 hr exam (60%); 3) 2,500wd assignment (30%) and 3,500wd essay (40%) and 1hr exam (30%); or 4) 3 hr exam (100%). Subject to change. Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
The daily practice of journalism is affected by a range of common law principles and statutory provisions. This unit of study seeks to examine some of the most significant, practical constraints on the media. It examines in detail contempt of court, the principle of open justice and suppression orders. It considers contempt of parliament and other restrictions of the reporting of parliamentary proceedings. It also analyses the law relating to the disclosure of journalists' sources and the impact of freedom of information laws on the media. This unit of study seeks to provide not only a thorough doctrinal analysis of these areas of law but also seeks to locate them within their broader historical, international, comparative, political and policy contexts.
LAWS3428 Media Law: Defamation and Privacy
Credit points: 6 Teacher/Coordinator: Assoc Prof David Rolph Session: Semester 1,Semester 2,Summer Early Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3059, LAWS5128 Assessment: Four options: 1) 2,500wd assignment (30%) and 2hr exam (70%); 2) 3,500wd essay (40%) and 2hr exam (60%); 3) 2,500wd assignment (30%) and 3,500wd essay (40%) and hr exam (30%); or 4) 3hr exam (100%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3452 Medical Law
Credit points: 6 Teacher/Coordinator: Prof Belinda Bennett (sem 1), Prof Roger Magnusson (sem 2). Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3046, LAWS5152 Assessment: Sem 1: 2,500wd essay (40%) and take-home exam (60%). Sem 2: 3 options: 1) 1hr exam (50%) and 3,500wd essay (50%); 2) 1hr exam (50%) and 2,500wd assignment, earlier submission date (50%); 3) 1hr exam (50%) and 2,500wd assignment, later submission date (50%). Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3499 Migration, Refugees and Forced Migration
Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: LAWS2002 or (LAWS2010 and LAWS1021) or (LAWS5007 and LAWS5010), LAWS1004 or LAWS3000 or LAWS3003 or LAWS2011 or LAWS5011 Corequisites: LAWS2002 or LAWS2010 or LAWS5010, LAWS1018 or LAWS2005 or LAWS1023 or LAWS5005 Prohibitions: LAWS3045, LAWS3458, LAWS5158, LAWS3453, LAWS5153, LAWS5199 Assessment: 3000wd research essay (50%) and 2hr exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Migration Refugees and Forced Migration 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. Issues surrounding refugees and asylum seekers are a constant preoccupation. Covering both immigration law and domestic aspects of the law of forced migration 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 is designed to foster the following skills:
a. Skills of statutory interpretation and problem-solving, through the study and use in practical situations of the Migration Act 1958 and its associated Regulations;
b. Skills of legal analysis and evaluation, gained through the examination and synthesis of relevant legislation; of court decisions and of rulings by the Migration Review Tribunal; the Refugee Review Tribunal; and the Administrative Appeals Tribunal in its migration division; and
c. Oral and writing skills, through class participation, simulation exercises and the preparation of a major research paper.
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 is designed to foster the following skills:
a. Skills of statutory interpretation and problem-solving, through the study and use in practical situations of the Migration Act 1958 and its associated Regulations;
b. Skills of legal analysis and evaluation, gained through the examination and synthesis of relevant legislation; of court decisions and of rulings by the Migration Review Tribunal; the Refugee Review Tribunal; and the Administrative Appeals Tribunal in its migration division; and
c. Oral and writing skills, through class participation, simulation exercises and the preparation of a major research paper.
LAWS3457 Private International Law B
Credit points: 6 Teacher/Coordinator: Mr Ross Anderson Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3015, LAWS5157 Assessment: class test (25%) and 2hr exam (75%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
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.
LAWS3460 Roman Law
Credit points: 6 Teacher/Coordinator: The Hon Justice Arthur Emmett Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3052, LAWS5160 Assessment: 2,000wd essay (20%) and 2hr closed book exam (80%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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.
LAWS3484 Secured Transactions in Commercial Law
Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2012 Prohibitions: LAWS5184 Assessment: 3000wd assignment (30%) and 2hr exam (70%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
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), which became operative in January 2012. 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.
LAWS3461 Social Justice Clinical Course
Credit points: 6 Teacher/Coordinator: Prof Peter Cashman Session: Int February,Semester 1 Classes: 1x2hr seminar/week and the equivalent of one day per week for the semester at a pre-selected placement site. Prohibitions: LAWS4061, LAWS5161 Assessment: Assignment (40%) and course presentation and participation (20%) and placement evaluation (40%) (subject to change) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application. Priority will be given to students in their final year of study.
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.
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.
LAWS3493 Sustainable Development Law in China
Credit points: 6 Teacher/Coordinator: Dr Andrew Edgar, Ms Susan Shearing, Prof Bing Ling Session: Semester 2 Classes: 20x2hr classes Prohibitions: LAWS5193 Assessment: Class participation and 6000wd essay (100%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit is designed to introduce the legal and institutional framework of environmental law and policy in China and encourage comparative and jurisprudential studies of Chinese environmental regulation. The unit is made up of 20 two hour classes on the basic elements of Chinese law and legislation, the international dimensions of environmental law and the principles of sustainable development. Models of environmental regulation and regulatory tools will be examined in the context of key areas including biodiversity and climate change. Students will participate in classes in both Chinese Laws and Legal Systems (LAWS3068 with Prof Bing Ling) and Environmental Law (LAWS3430 with Dr Andrew Edgar and Ms Susan Shearing). On completion of the unit, students will have an understanding of environmental regulation in China, including how law and policy is developed and implemented in China, the mechanisms of government accountability, the role of the courts and opportunities for public participation. This understanding will be grounded in an appreciation of the social, political and economic challenges in implementing and enforcing environmental laws in China.
LAWS3465 Sydney Law Review
Credit points: 6 Session: Semester 1,Semester 2 Prohibitions: LAWS3057, LAWS5165 Assessment: 2,500wd essay (25%) and 5,000wd case note (50%) plus editing (25%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application. For further information, please visit sydney.edu.au/law/slr.
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.
LAWS3492 Topics in Legal History
Credit points: 6 Teacher/Coordinator: Mr James Watson Session: Semester 2 Classes: 2 x 2-hr seminars/week for 10 weeks Prohibitions: LAWS5192 Assessment: 2,500wd essay (50%) and 1.5 hr closed book exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This course aims to reintroduce an appreciation of legal history as both substantively important (with a particular focus on commercial law), and a necessary skill for students in a deeply historical, precedential system of courts and law. The course does not assume training in history; law has its own commitment to the topic. The course is structured around "Topics in Legal History", addressed in essays prepared by Judges (from the High Court, Federal and Supreme Court), Academics and Barristers specifically for this course. Some authors will present their essays to the class and, accordingly, the course will be taught at the Philip St Building. The essays focus on a topic of historical importance and of continuing significance today, with the general aim of adding to the general syllabus that which students 'ought to know' for practice or further study. The course will touch on the origins of common law; the traditional structure of courts and the writ; the development of trial and evidence; possession & ownership; real property (from 1066-Mabo); trespass, actions on the case, assumpsit, contract and tort; crime in the colony; colony to nation; 'precedent'; the 10 most important statutes; why equity?; and seek to introduce important thinkers in the law, from Glanville and Bracton to Sir Owen Dixon.
LAWS3496 United States Constitutional Law
Credit points: 6 Teacher/Coordinator: Prof Helen Irving Session: Semester 2 Classes: 2x2hr seminars/wk for 10 weeks. Prerequisites: LAWS5011 or LAWS2011 or LAWS1004 or LAWS3000 or LAWS3003 Prohibitions: LAWS3418, LAWS5118, LAWS3491, LAWS5191, LAWS5196 Assessment: Class participation (15%) and either a) 2,500wd optional essay/problem question (35%) and final 2hr exam (50%) or b) 3hr exam (85%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
This unit provides an in-depth introduction to the principles, core concepts, and key cases of United States Constitutional Law. It traces the structure and role of the U.S. Supreme Court, and the development of U.S. constitutional reasoning from the post-revolutionary period to the present. It considers debates about constitutional interpretation, and the significance of different approaches to key provisions of the Constitution. Topics may include all or any of: federalism and the commerce clause; eminent domain and "just compensation"; substantive due process; equal protection of the laws: race and gender discrimination; freedom of speech; freedom of religion; unenumerated rights; constitutional protection of citizenship and voting. As U.S. Constitutional law is not essentially doctrinal, students will also be introduced to, and encouraged to engage in, normative debates about constitutional values.
LAWS3483 War Law: Use of Force & Humanitarian Law
Credit points: 6 Teacher/Coordinator: Dr Alison Pert Session: Semester 1 Classes: 2x2hr seminars/wk Prohibitions: LAWS3440, LAWS3086, LAWS5183 Assessment: 3000wd assignment (50%) and 3000wd take-home exam (50%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
A vital function of public international is its struggle against violence, both in preventing it from occurring and mitigating its effects once it gets under way. 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 Laws 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).
Jurisprudence Units of Study
LAWS3436 International/Comparative Jurisprudence
Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Semester 1,Summer Late Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: JURS3006, LAWS5136 Assessment: 1,000-2,000wd research plan (40%) and 3,750-5,000wd research paper (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Satisfies the Jurisprudence/Part 2 requirement of the LLB
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.
LAWS3500 Law, Morals and Politics
Credit points: 6 Teacher/Coordinator: Dr Arthur Glass Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks Prohibitions: LAWS5200 Assessment: Class-participation (20%) and 1500wd mid-semester paper (20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Part 2/Jurisprudence requirement of the LLB.
This unit reflects on the ways in which law, morals and politics are thought of within our tradition and in particular the connections and the tensions between legal positivism, Kantianism and liberalism.
LAWS3454 Philosophy of Law
Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Winter L1 Classes: Intensive mode. Classes to be held in Berlin from 15 - 20 July 2013 (tbc). Prohibitions: LAWS3459, LAWS5154 Assessment: Class participation, including short reaction notes about lectures and class readings (40%) and 5000wd take-home exam (60%), to be written in the beginning of August. Campus: Germany Mode of delivery: Block Mode
Note: Department permission required for enrolment
Note: This unit satisfies the Jurisprudence/Part 2 requirement of the LLB. Enrolment in this unit will be by special application.
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, (5) the sources and limits of our obligation to obey the law, etc.
LAWS3462 Sociological Theories of Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: JURS3001, LAWS5162 Assessment: 1,000-2,000wd research note (40%) and 3,750-5,000wd research paper (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: Satisfies the Jurisprudence/Part 2 requirement of the LLB.
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.
LAWS3495 The Rule of Law and its Value
Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Semester 1,Semester 2 Classes: 2x2hr seminars/wk Prohibitions: LAWS5195 Assessment: Class participation (20%), 1500wd mid-semester report (20%), and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfied the Jurisprudence requirement of the LLB.
This course will explore the nature and value of the rule of law through a critical examination of classical and contemporary writings in jurisprudence. Among the problems we will consider are: What features of a legal system contribute to bringing about the rule of law? What is 'legality'? What is the relationship between the rule of law and the rule of good law? Is it always a virtue, other things being equal, to apply valid legal rules? How far is the rule of law consistent with the indeterminacy of law or with discretionary decision-making? Is the rule of law an 'unqualified human good'? Why is it good? Should the rule of law ever be sacrificed for the sake of other goods? What does the World Justice Project Rule of Law Index measure? Is it defensible from a jurisprudential point of view, and useful in determining the nature and value of the rule of law? Readings will include historical sources from the ancient Greek and early modern periods, contemporary essays in legal, moral, and political theory, and other primary legal sources.
LAWS3498 Theories of Legal Authority
Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks. Prohibitions: LAWS5198 Assessment: Class participation (20%), 1500wd mid-semester report (20%), and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Part 2/Jurisprudence requirement of the LLB.
This unit of study examines the nature and justification of legal authority from a jurisprudential perspective. It is often thought that the law, in contrast to other systems of norms, makes a special claim of authority over us. In the course, we will aim to understand this complex normative relationship that citizens bear to the legal systems to which they are subject. Among the questions to be addressed are: what authority does the law have over us? Is there anything unique about it? What is the relationship between the legitimacy and authority of law? How is legal authority justified? Does sovereignty imply authority? What is the authority of precedent? What does obedience to the law require? Is obedience the only way to conform to or satisfy the requirements of the law? Readings will include classic and contemporary scholarly articles on these issues.
LAWS3470 Theories of Legal Reasoning
Credit points: 6 Teacher/Coordinator: Dr Kevin Walton Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3083, LAWS5170 Assessment: Class-participation (20%) and 1500wd report (20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Jurisprudence/Part 2 requirement of the LLB.
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 main 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 and the objectivity of legal decisions.
LAWS3471 Theories of Obedience
Credit points: 6 Teacher/Coordinator: Dr Kevin Walton Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS5171 Assessment: Class-participation (20%) and 1500wd report (20%) and 4000wd essay (60%) Campus: Camperdown/Darlington Mode of delivery: Normal (lecture/lab/tutorial) Day
Note: This unit satisfies the Jurisprudence/Part 2 requirement of the LLB.
This unit asks whether obedience to legal norms is required by morality. It examines various arguments for a moral obligation to obey the law.