University of Sydney Handbooks - 2017 Archive

Download full 2017 archive Page archived at: Mon, 28 Aug 2017 11:21:56 +1000

Units of study K-O

2017 School of Law postgraduate units of study K-O

LAWS6071 Labour Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Shae McCrystal Session: Intensive March Classes: Intro Class: Feb 28 (6-8) then Mar 17, 18, 31 & Apr 1 (9-5) Prohibitions: LAWS5146 Assumed knowledge: MLLR students must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System (core) as well as this unit before undertaking the labour law elective units Assessment: assignment (20%) and 1.5hr in-semester exam (80%) Mode of delivery: Block mode
Note: The unit is compulsory for students enrolled in the MLLR. However, the requirement to take this unit may be waived upon application to the Program Coordinator if the student can demonstrate proficiency in the unit objectives gained through completing a recent undergraduate law unit in labour law or work experience. Credit will not be granted for WORK6116 Employment and the Law and completion of this unit will not be sufficient to obtain an exemption from this MLLR compulsory unit.
The purpose of this unit is to introduce students to the principles of labour law. It is designed specifically for MLLR students who do not have a law degree or for any students with a law degree who have not recently undertaken an undergraduate labour law course. The goal of the unit is to equip students with the fundamental principles of labour law that they will need to undertake more advanced labour law units within the MLLR and LLM Degrees. It provides an introduction to the contract of employment and the relevant principles governing the employment relationship, including termination of employment. It then introduces students to the workplace relations framework including collective bargaining and industrial conflict; the modern role of awards and statutory regulation of wages and conditions.
LAWS6816 Labour Law in the Global Economy

Credit points: 6 Teacher/Coordinator: Em Prof Ron McCallum, The Hon Justice Iain Ross Session: Intensive July Classes: Jul 21, 22 & Aug 18, 19 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: class participation and class presentation (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: This unit replaced LAWS6816 Labour Law in the New Economy
The aim of this unit of study is to understand the impact of the global economy on the world of work and the nature of the regulatory challenges it presents. The unit will examine various regulatory models applicable to work in the global economy, and their strengths and weaknesses. The unit will also include a particular examination of emerging issues in workplace privacy. Students will be expected to identify and attain an advanced understanding of the challenges facing the regulation of the work in the global economy with a particular focus on: the sharing economy; new forms of `employment¿, (eg internships and zero hours contracts); migrant workers; home working; precarious employment; and independent contracting. The `dividing line¿ between work and an employee¿s private activities will also be explored, with particular reference to: electronic monitoring; drug and alcohol testing; dress requirements; and out of work conduct.
LAWS6932 Law and Investment in Asia

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Intensive March Classes: Mar 17, 18 & 31, Apr 1 (9-5) Assessment: assignment (30%), 6000wd essay (70%) Mode of delivery: Block mode
The aim of this unit is to provide students with a broad overview of the key legal issues commonly faced when investing and doing business in Asia. This unit covers areas of commercial law across Asia, including Japan, China, Southeast Asia (especially Indonesia, Malaysia, Thailand, Myanmar) and India. It focuses especially on international treaties increasingly impacting on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility, anti-corruption law and consumer protection; dispute resolution (especially international commercial and investor-state arbitration); and key issues in modern comparative law which may assist students in their study of 'foreign' legal systems. The unit also involves case studies and occasional guest lecturers.
LAWS6953 Law of Asset Protection

Credit points: 6 Teacher/Coordinator: Dr David Chaikin Session: Intensive August Classes: Aug 17, 18 & 24, 25 (8.30-4.30) Assessment: 8000wd essay (100%) Mode of delivery: Block mode
Asset protection is concerned with the preservation and transmission of property of individuals, families or corporations. It has the broad purpose of minimising legal, business and political risks, by safeguarding assets from seizure, loss and diminution in value. It is concerned with the protection of assets from potential creditors, government expropriation, excessive taxation and catastrophic loss. It is a vital component of tax advice, wealth management and financial planning.
This unit examines the legal aspects of asset protection, from both Australian and international perspectives. It provides a sound understanding of the legal techniques and principles of asset protection. The complex interaction between company law, the law of trusts and property, tax and estate planning laws, bankruptcy and insolvency laws is analysed. The unit focuses on the laws of a select number of offshore jurisdictions, as well as international trust law. It examines the legal impediments and ethics of asset protection. Anti-money laundering rules and the civil and criminal liabilities of trustees and professional advisers are also covered.
LAWS6977 Law of International Institutions

Credit points: 6 Teacher/Coordinator: Prof Dr August Reinisch Session: Intensive February Classes: Feb 13-15 & 17 (9-5) Prohibitions: GOVT6116 Assumed knowledge: LAWS6243 International Law I or equivalent unit in public international law Assessment: take-home exam (20%) and 8000wd essay (80%) Mode of delivery: Block mode
This unit will examine the principal legal issues concerning organizations composed of states. These include the legal status and powers of organizations, membership and participation, norm-creation, dispute settlement, enforcement of decisions, peace and security activities, and finally the organizations' privileges and immunities as well as their legal status and powers under national law.
At the same time, the unit will also address such real world problems as the creation of international criminal courts, the "succession" of Russia to the USSR's seat on the UN Security Council, the response to the break-up of Yugoslavia, targeted sanctions and the possibility of judicial review of acts of the UN Security Council, the success of WTO dispute settlement, NATO action against Serbia in 1999, the military intervention in Afghanistan and Iraq in the aftermath of 9/11, etc.
Primary consideration will be given to the development of the United Nations. Other universal as well as regional organizations will also be dealt with. This unit aims at helping students to understand the common legal problems faced by international institutions.
Jan Klabbers, An Introduction to International Institutional Law. Cambridge (CUP, 2nd ed., 2009) Paperback (ISBN-13: 9780521736169)
LAWS6047 Law of the Sea

Credit points: 6 Teacher/Coordinator: Prof Tim Stephens Session: Intensive October Classes: Oct 12, 13 & 18, 19 (9-5) Assessment: 5000wd essay (60%) and take-home exam (40%) Mode of delivery: Block mode
The oceans cover two-thirds of the world's surface, and are vital to international commerce, are a store of important living and non-living resources, and provide indispensable environmental services including stabilising the global climate system. This unit reviews the major areas of the law of the sea as it has developed over the centuries. The unit takes as its focus the 'constitution' of the oceans, the 1982 UN Convention on the Law of the Sea and also considers a range of other international conventions and agreements, and current state practice. Each of the major maritime zones is assessed, and there is also a detailed review of several sectoral issues, including the protection of the marine environment, fisheries, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference will be made throughout the unit to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6928 Law, Justice and Development

Credit points: 6 Teacher/Coordinator: Adj Prof Livingston Armytage Session: Intensive April Classes: Apr 12, 13 & 19, 20 (9-5) Prohibitions: LAWS3478, LAWS5178 Assessment: class participation (20%), 2x3000wd essays (2x40%) Mode of delivery: Block mode
Note: This unit is compulsory for MLawIntDev students.
This unit provides a critical overview to law and justice reform in international development. It analyses the global reform experience over the past half-century. It interrogates the nature and justification(s) of reform 'theory', studies the empirical evidence of various approaches, and examines the conceptual/practical challenges of evaluating development endeavour, using case studies from the Asia/Pacific region. Students enrolling in this unit will develop an evidence-based understanding of the use of law and justice reform in broader development strategies.
LAWS6252 Legal Reasoning and the Common Law System

Credit points: 6 Teacher/Coordinator: Ms Alexandra Fowler, Ms Mehzabin Farazi (except Group C) Session: Intensive April,Intensive August,Intensive March,Intensive September Classes: S1CIMR (Group A): Mar 6, 7 & 9, 10 (9-5); S1CIAP (Group B): Mar 24, 25 & Apr 7, 8 (9-5); S2CIAU (Group C): Jul 31, Aug 1 & Aug 3, 4 (9-5); S2CISE (Group D): Sep 1, 2 & 15, 16 (9-5) Prohibitions: LAWS6881 Assessment: in-class test (30%) and take-home exam (70%) Mode of delivery: Block mode
Note: Students are recommended to enrol well in advance of classes in order to complete pre-class readings (normally available to enrolled students 3 weeks prior to the first class). Law graduates from a non-common law jurisdiction are also recommended to complete classes for this unit during the first week of their commencing semester.
This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Global Law; Master of Health Law; Master of International Business and Law; Master of Labour Law and Relations; Master of Law and International Development as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.
LAWS6077 Legal Research 1

Credit points: 6 Teacher/Coordinator: Em Prof Terry Carney Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class participation (10%), 4000-6000wd essay (60%) and critical analysis of another student's research strategy essay (30%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for all Sydney Law School research degree students. The unit must be undertaken within the first year of candidature. Students will give a 20 minute presentation of the research strategy completed in this unit at their first annual progress review meeting (usually within the first year of candidature). It is not available to coursework or other students.
The primary goal of this unit is to develop skills in undertaking a significant piece of legal research at levels of sophistication suitable for examination (in case of thesis students), and/or publication. At the conclusion of the unit it is anticipated that members of the class will be able to conceptualise the issues to be researched; will be able to locate relevant legal and other materials (using both hard copy and electronic bibliographic aids); will be able to place and sustain an argument (a 'thesis'); and will be able to assess both the quality of that work and to judge the merits of other approaches to planning such research. It is expected that students will become familiar with using comparative materials (both within the federation and international), and will gain a working familiarity with relevant research techniques of other disciplines in the social sciences. The unit aims to encourage debate about the respective merits of different approaches, ethical issues, and the hallmarks of 'quality' research.
LAWS7001 Legal Research 2

Credit points: 6 Teacher/Coordinator: Em Prof Terry Carney Session: Semester 2 Classes: 1x2-hr lecture/week Prerequisites: LAWS6077 Assessment: class participation (30%) and preparation of an approved foundation chapter (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for PhD and SJD students enrolled with Sydney Law School. This unit should be completed within Year 2 (full-time students) and Year 2 or 3 (part-time students) of candidature. Not available to coursework or other students.
The unit will cover the following topics: higher degree research - students, supervisors and the faculty; refining your thesis - lessons from the strategy; developing/locating your thesis - lessons from the strategy; comparative law techniques; using international law materials; using historical materials/methods; conceptualising and researching the law in action; narratives, interviews, case-studies and other 'selective' forms of analysis; quantitative research methods - common pitfalls; quantitative research methods - forms of presentation and analysis; current problems in research and presentation; current problems II; and overview and review.
LAWS7002 Legal Research 3

Credit points: 6 Teacher/Coordinator: Assoc Prof Shae McCrystal Session: Intensive October Classes: Students are required to attend an initial meeting as scheduled on the Sydney Law School timetable. One other session involving a two day conference in which students give presentations of their thesis will be held in later in the year. The date will be confirmed at the first meeting. Prerequisites: LAWS6077 Corequisites: LAWS7001 Assessment: Seminar presentation on an aspect of the student's thesis; a written outline of goals for the unit and written reflection on achievements during the unit and reading, commenting on and providing written feedback on a chapter of the thesis of another class member. The unit will be assessed on a pass/fail basis. Mode of delivery: Block mode
Note: Core unit for PhD and SJD students enrolled with Sydney Law School. This unit should be completed within Year 3 (full-time students) and Year 4 or 5 (part-time students) of candidature. This unit is not available to coursework or other students.
This unit provides students who are nearing the end of the process of writing their thesis with the support and resources to assist them to complete in a timely manner. It provides opportunities for participants to refine and improve their writing by exposing central ideas from their theses to constructive criticism by colleagues; to develop the skills of presentation of scholarly work in an academic setting; to provide access to a group of people who are all engaged in completing theses and who can provide informed support. The unit can be tailored to the needs of individual students.
LAWS6944 Market Manipulation and Insider Trading

Credit points: 6 Teacher/Coordinator: Dr Greg O'Mahoney Session: Intensive October Classes: Oct 6, 7 & 27, 28 (9-4) Assessment: class participation (20%), presentation (20%) and 5000wd essay (60%) Mode of delivery: Block mode
This unit aims to introduce students to key concepts at the heart of capital market regulation focusing on practices that threaten the integrity of global securities markets. The unit focuses on recent developments (including high profile prosecutions for market abuse) in Australia and the United States while selecting other jurisdictions (most notably China, India, South Africa, Brazil, Europe and Hong Kong) that are relevant to the different subjects considered. The topics addressed will include: market manipulation, insider trading, non-disclosure and fraud-on-the-market, penalties, regulation of hedge funds and developments in emerging markets.
LAWS6821 Mediation - Skills and Theory

Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin, Mr Garth Brown Session: Intensive December Classes: Dec 1, 2 & 8, 9 (9-5) Prohibitions: LAWS6935 Assessment: class and role play participation evidenced by reflective journal (formative assessment) (30%) and 5000wd essay (70%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students enrolling in this unit need to commit themselves to attending all classes. The skills learning takes place in class and skills are built incrementally from the beginning to the end of the unit. Students cannot catch up on elements they have missed by doing reading outside class - they must participate in all scheduled sessions. If students have a problem with attendance, they should postpone enrolling or withdraw well in advance of the first class so their place can be offered to the next student. Please note enrolment priority will be given to continuing students who are (i) currently enrolled in a full award course at Sydney Law School and (ii) completing their final semester of studies. Waiting lists will be made available for the late applicants.
This unit will teach you the fundamental skills and theory of mediation. The skills component of the unit is extensive and is the reason for the limited enrolment. The unit is designed to enable interested students to progress to accreditation as mediators (additional external study with coaching and assessment will be required) and the content of the unit is designed to meet the content requirements of the National Mediator Accreditation System. In particular the content of the subject is designed to explore the competency areas required for accreditation and the knowledge, skills and ethical understanding competency framework set out in the National Mediator Accreditation Standards. However, mediation is not simply a procedural template that can be learned and applied to every dispute with benefit. It raises interesting and complex issues of theory and ethics, which will be integrated with the skills components of the unit. Issues of culture, power, mediator neutrality and ethical dilemmas for the mediator will be considered.
Tania Sourdin, Alternative Dispute Resolution (4th ed) 2012 Thomson Reuters
LAWS6877 Mental Illness: Law and Policy

Credit points: 6 Teacher/Coordinator: Adj Prof Duncan Chappell Session: Intensive September Classes: Aug 28, 29 & Sep 4, 5 (9-5) Assessment: 3000wd assignment (40%) and 4500wd essay (60%) Mode of delivery: Block mode
This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.
LAWS6352 Mergers and Acquisitions in Asia

Credit points: 6 Teacher/Coordinator: Assoc Prof Umakanth Varottil Session: Intensive June Classes: Jun 1, 2 and 8, 9 (9-4) Assessment: classs participation (10%), class presentation (10%) and take-home exam (80%) Mode of delivery: Block mode
The unit will begin with an evaluation of the business rationale for Mergers and Acquisitions (MA) and a discussion of the various types of transactions and related terminology. After a brief discussion of the evolution of the regulation of MA in the Western context, it will delve into various forms of MA in leading Asian jurisdictions, and the manner in which they are regulated. The unit will involve a strong comparative element that compares MA in Asia with that in other jurisdictions, as well as specific factors among various Asian jurisdictions. While it will engage an analysis of the legal systems in several Asian jurisdictions, greater emphasis will be placed on policy as well as practice. Transaction structures analyzed include business and asset sales and amalgamations, with a significant focus on the regulation of takeovers. While corporate and securities law issues form the thrust, incidental reference will be made to accounting, tax and competition law considerations. Finally, the transactional perspective will consider various structuring matters, planning aspects, transaction costs and impact on various stakeholders.
LAWS6349 Muslim Minorities and the Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Salim Farrar, Dr Ghena Krayem Session: Intensive September Classes: Intro Class: Sep 22 (6-8) then Sep 29, 30 and Oct 6, 7 (9-5) Assessment: class participation (10%), assignment (30%) and take-home exam (60%) Mode of delivery: Block mode
This unit seeks to explore, illustrate and evaluate the interconnections, tensions and conflicts in Muslims' applications of Islamic Law in Common Law states with a view to forming appropriate policies at national level for accommodation while addressing issues of communal identity, security and social exclusion. It examines these broad issues in four countries: Australia, Canada, the UK and the United States, and explores them in the context of family affairs, crime and business. This unit should appeal to government officers, policy makers, community workers, NGOs, criminal justice officers and students interested in contemporary applications of Islamic law and Islamic studies.
S. Farrar and G. Krayem (2016), Accommodating Muslims Under Common Law: A Comparative Analysis, Routledge Press, eISBN: 978-1-315-86761-8
LAWS6335 Neurolaw: Brain Mind Law and Ethics

Credit points: 6 Teacher/Coordinator: Dr Sascha Callaghan Session: Intensive September Classes: Aug 24, 25 & Sep 21, 22 (9-5) Assessment: class presentation (10%), 2000wd essay (30%), take-home exam (60%) Mode of delivery: Block mode
This unit explores the intersection between current and emerging brain sciences, and law. We examine the implications of new neuroscience research for key legal principles such as mens rea and the requirement of 'voluntariness' in legal causation, as well as ethical questions concerning the need for special regulation of brain and mind research. Students will critically analyse the potential and limits of the use of neuroscience evidence in the courtroom on questions of criminal responsibility and civil liability. In the criminal context, we explore the question, what does it mean to claim that `my brain made me do it?¿. And in relation to civil law, we consider the use of neuroscience evidence as proof of `invisible injuries¿ such as pain and psychiatric harm. Students will consider the potential for neuroscience research to contribute to the definition of legal capacity, and efforts to support legal decision making for people with mental impairments. The ethical implications of brain sciences research will also be critically analysed in a concluding section on the law of the future, where we will consider whether special regulation is warranted to ensure `mental privacy¿ and whether limits should be placed on neuroscience research.