The entire fabric of commerce is woven from a complex legal regime, judicial and statutory, which regulates all commercial activity. Every decision in business, and every transaction and relationship, is made in the context of this legal regime. The aim of Foundations of Business Law is to introduce the students to the legal framework and regulatory systems which underlie all business activity and to expose them to the legal implications of commercial conduct. This unit of study introduces the Australian legal system and key areas of substantive business law including contracts, torts (in particular negligence and privacy), property and securities, white collar crime, intellectual property, competition and consumer law (in particular advertising, product liability and unfair contracts), business structures and operations, misleading and unconscionable conduct and dispute resolution.

Companies are an integral part of our business environment. All participants in the world of business have dealings with companies - whether as employees, clients, customers, directors, shareholders, creditors, debtors, suppliers, vendors, consultants or professional advisers. This makes it essential to have an understanding of the legal nature and characteristics of companies and the manner in which their activities and management are regulated. In this unit, the legal "life cycle" of a company is examined along with a comparison of companies to other business entities. The ways in which important activities undertaken by companies are regulated are explored including: entering contracts, raising funds, issuing shares, paying dividends. Consideration is given to the duties and obligations the law places upon those who manage companies, and the consequences which may result from any breach of those duties and obligations. The position of companies in financial difficulty and the final stages in the life cycle of an insolvent company are also addressed.

Financial difficulty is an ever present reality for individuals and businesses. This unit addresses corporate insolvency and the bankruptcy of individuals and their consequences, and legal and commercial strategies for financial rehabilitation. The focus of the unit is corporate insolvency and the forms of external administration (receivership, voluntary administration, deeds of company arrangement, schemes of arrangements and winding up) designed to either rescue the corporation or, if this is not possible, to provide a fair and orderly process for dealing with its property. Particular emphasis is given to rescue and deconstruction under voluntary administration. Director's duties in the insolvency context, and corporate group and cross border insolvency, are also discussed.

As securities markets become increasingly sophisticated, understanding the manner in which they are regulated is essential. This unit examines the regulation of securities markets and the legal and industry controls governing their operation. Detailed consideration is given to the Australian Securities and Investments Commission's powers and responsibilities, including the areas of: financial service providers, short selling, insider trading and other market misconduct, market integrity, corporate governance, disclosure and proposals to reform the regulatory environment. The roles of other institutions such as the Australian Securities Exchange and the status and enforcement of its listing rules are explored. Current issues in the international regulation of securities markets are also addressed.

Banks and financial institutions are central to the stability, efficiency and wealth of modern economies and businesses. This unit focuses on the impact of national and international financial regulation on banking contracts, bank secrecy, money laundering and fraud. Students will become familiar with legal risks in commercial and investment banking, by examining the complex relationships and legal duties of the various parties engaged in modern finance. Topics covered will include electronic banking, international trade finance and securitisation. The unit will assist students in understanding how the law is applied in practice by using case studies. Special emphasis will be placed on how banking disputes may be resolved.

Competition and consumer law impacts on everyone and on every business. This unit examines provisions in the Competition and Consumer Act 2010 (Cwth) that regulate a range of business activities, including, dealings between businesses and with consumers, pricing, advertising and unfair practices. The focus will be on current enforcement priorities of the Australian Competition and Consumer Commission and topics covered will include: cartel conduct, misuse of market power, vertical restraints on competition, anti-competitive acquisitions and key aspects of Australian consumer law including: product safety, consumer guarantees, unfair contract terms, unconscionable conduct and misleading or deceptive conduct. Students will analyse legal and business issues involving competition and consumer law arising from given fact situations and real-world contexts to increase awareness of legal risk situations in business and understanding of how these risks may be managed.

Australian businesses operate in a complex regulatory environment that imposes legal obligations on business conduct. Society is increasingly demanding ethical and social responsibility from business, its managers and their professional advisers. This unit analyses the relationship between business, ethics and the law. This unit applies ethical philosophies to case studies in order to explore the types of decisions made by professionals and business managers. The unit examines the professional and legal obligations of accountants, auditors and lawyers and the interaction of these professionals with company officers. The unit aims to assist students to understand and apply ethics to their professional life and to governance in business.

Over recent years there has been a dramatic rise in the volume and reach of regulation in response to a variety of social, environmental and economic issues. Much of this regulation impacts on business, and its management who are, increasingly, personally liable. This unit has been designed to provide students with a comprehensive overview of the overall regulatory infrastructure which impacts on all faculty disciplines. Business Regulation, Risk and Compliance addresses self regulation as an alternative to regulation by law; the regulatory process and the scope for business to influence regulatory initiatives; the alternative regulatory instruments; the executive arm of government - the bureaucracy - and the avenues for challenging administrative decisions; the investigative and enforcement powers of the major regulatory agencies - ACCC, ATO and ASIC; personal and corporate liability for regulatory breach; indemnification; whistleblowing and whistleblower protection: regulatory compliance with special reference to Australian Standard AS3806-2006 on Compliance Standards and the strategies which facilitate legal action including class actions and litigation funding as well as the major alternatives to litigation including arbitration and alternative dispute resolution with particular emphasis on mediation.

Innovation is a key driver of business. This unit addresses the intellectual property regime - the statutory and common law mechanisms that recognise and protect creative effort and proprietary knowledge and reward innovation. The intellectual property rights available under the law are discussed but the focus is on the commercial implications of the IP regime. This unit covers not only the protection and enforcement of Intellectual Property Rights [IPRs] but also their commercialisation and the management. The unit outlines the key IPRs granted by the statutory IP regimes - trademarks, copyright, designs and patents - as well as the common law protection of confidential information and trade secrets. The protection of trade designations, branding and character merchandising through the statutory misleading or deceptive conduct action is also covered as is the protection of business goodwill through restraint of trade covenants. The ownership of IP, its protection internationally and its commercialisation through licensing and technology transfers are also discussed.

China is currently the second biggest economy in the world and is Australia's most important trading partner. Australian businesses are increasingly engaging with China. This Unit of Study addresses the frequently asked questions of what underpins commercial practice in China and how to do business with China. It explores China's unique business environment, which has resulted from its culture, history and demography, and examines the business regulations, tax system, and the administrative and compliance issues businesses will face when carrying on business with China. The Unit first outlines the Chinese business environment in terms of culture, history, economics, demography, and government administration. It then provides students with an understanding of the legal environment that businesses will face in China. Through a hypothetical case study, different aspects of commercial practice in China such as contract, entity structure, mergers and acquisition, property and intellectual property rights, the tax system, different tax types and associated international issues, and social insurance are analysed.

Franchising is an increasingly popular business model in Australia and internationally which offers an effective strategy for expanding an existing business or entering an industry. It is rapidly becoming the dominating force in the distribution of goods and services.
This unit examines the nature, development and operation of franchising and its growing influence in Australia and overseas. It addresses key legal and commercial issues in establishing, structuring and managing franchise systems as well as legal and commercial issues arising in the course of the continuing business relationship. Particular emphasis is placed on franchising development in the ASEAN countries.

The global architecture of international trade and business sets the parameters within which countries and businesses interact with each other across borders. All those involved in trade or investment activities that may result in cross border transactions should be aware of the regulatory dimensions of that global system. The system informs trade and investment policy as well as the regulation of particular business transactions. This can lead to new markets or limit certain business activities. It can result in new regulation and laws and provides avenues to resolve disputes between countries and businesses and between businesses and businesses. The international regulatory system has different dimensions. These can be described as the multilateral system; bilateral agreements and trading blocs; conventions governing transactions; international regulatory bodies and self regulatory bodies. This unit will introduce students to aspects of this international system. Students will explore institutions and instruments of the system and how they fit together. There will be opportunities for students to examine how this impacts on regulatory policy and current negotiations.

This unit is an introduction to Australia's taxation law. It commences with an overview of the Australian tax system, discusses contemporary tax issues and then deals with specific topics, including: the basis of liability to Australian income tax, concepts of residence and source of income, concepts of ordinary and statutory income (including capital gains tax), tax accounting, taxation of fringe benefits, and allowable deductions. It concludes with a study of the general anti-avoidance sections. The taxation of companies, partnerships and trusts, and international taxation are studied in depth in CLAW3202 which, together with this unit, is a solid basis to prepare students for an important aspect of professional accounting practice.

This unit builds on CLAW3201 and deals with taxation issues in a business environment, including taxation of companies and corporate groups, taxation of partnerships and trusts, taxation of shareholders including dividend imputation tax, capital gains tax application to shares and other interests in companies, capital allowance and treatment of intellectual property. This unit also covers taxation issues of international business and investment, including taxation of cross-border transactions of both residents and non-residents, taxation of multinational corporations, tax treaties, transfer pricing and international tax avoidance. The unit emphasises the practical applications of the tax law on businesses and investment. Together with CLAW3201, this unit is a solid basis to prepare students for an important aspect of professional accounting practice.

The ability of companies to raise capital is central to the success of Australia's securities markets and, in turn, to Australia's ongoing economic development. This unit focuses on the legal nature of common forms of capital raising, and their legal (through the Corporations Act) and non-legal (through the ASX Listing Rules) regulation, as well as the redemption of capital. It involves a study of capital raising, capital management and capital redemption from a practical, commercial perspective as well as the relevant legal and regulatory issues. Topics covered include forms of equity capital raising (including venture capital, IPOs, ASX listings, rights issues and placements) and their regulation; and strategies for redemption of capital (including through buy-backs and capital reductions). Current issues arising in Australian and internationally which concern trends, developments and reform initiatives relating to capital raising are also addressed.

Mergers, acquisitions and takeovers are increasingly important strategies for Australian companies which raise significant legal issues. This unit aims to give students a sound understanding of the legal issues involved in mergers and acquisitions from both corporate and competition law perspectives and their impact on commercial strategies. Competition issues under the Competition and Consumer Act 2010 as well as corporate governance issues under the Corporations Act are explored. Bid planning (including tactics involved in initiating a takeover bid and defensive strategies and tactics), directors duties, prohibited market conduct and the role of ASIC and the Takeovers Panel are also covered. This unit also considers mergers using schemes of arrangement.

The regulation of employment affects every business enterprise. Compliance with the laws impacting on employment is a vital component of business management. The aim of this unit is to introduce students to the legal and regulatory frameworks that underlie all employment practices (employee management, treatment and performance, as well as hiring and dismissals). The unit is designed to develop students' awareness of regulatory compliance issues that arise from employment practices and is taught in the context of the challenges faced by modern businesses in managing employees. The unit focuses on key areas of substantive employment regulation including Anti-Discrimination Law, termination of employment, freedom of association, and employment privacy. Discussion topics include: indirect discrimination, workplace harassment (including sexual harassment), bullying, and unfair dismissal; as well as various sports and entertainment case-studies. International employment law standards, public sector employment, and employment ethics, are also addressed.

Corporate crime is a global problem and has a significant effect on companies and participants in business. It can result in direct financial losses; the imposition of regulation, scrutiny and compliance obligations; as well as indirect industry and reputational damage. Accordingly, all managers benefit from an understanding of corporate crime and its impacts. Corporate crimes are: crimes committed against companies (often by their own employees or managers); crimes committed by companies against others (including members of the public, the environment, creditors, investors and competing companies); and "white collar" crimes undertaken within companies by senior executives and managers for their own benefit. All three forms of corporate crime will be studied in this unit. Students will also explore the manner in which companies can be criminally liable, as well as regulatory approaches to the prevention, detection and prosecution of corporate crime. Particular corporate crimes such insider trading will be considered in detail, and case studies of high profile examples of corporate crime will be a significant focus in this unit.