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 Health Law; Master of Labour Law and Relations 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.

This unit will explore a number of contentious issues arising in the law of civil obligations and remedies. It will revise and build on the fundamentals in the areas of torts, contracts and equity and place particular emphasis on the interaction of these three fields of the law. Particular topics and problems will involve issues of: causation and scope of liability; controlling liability by contract; tort duties to third parties to contracts; assessing loss; duties of good faith; fiduciary duties and conflicts. The unit will also include a number of guest lectures, to be announced.

Australian International Taxation is a detailed study of the fundamental principles of Australia's international taxation regime as it applies to cross-border business and investment transactions. The unit focuses on corporate residence, source, non-resident withholding tax, relief from international double taxation, CFCs, transferor trusts and transfer pricing. This advanced unit will examine both the issues of international tax rule design and policy, and the relevant provisions in the legislation, cases and rulings. The unit focuses on the international tax rules in Australia's domestic law. Although the role of double tax treaties is introduced, double tax treaties are covered in the companion unit Tax Treaties. Students should gain an understanding of the policies underlying Australia's rules for taxing international transactions, as well as a detailed knowledge of the foundation principles of law applicable to the taxation of inbound and outbound transactions.

The object of this unit is to provide an overview of the income tax system of China and a detailed analysis of the most important legislative and treaty rules of China in the area of international income tax, especially in dealings with Australia. Upon successful completion of the unit, students will have an advanced understanding of the policies underlying the Chinese rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions. This unit includes a study of: overview of the Chinese income tax system; taxation of inbound investment into China; taxation of outbound investment from China; transfer pricing issues, and China's tax treaties.

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; environmental law; contract law; property law; company law; intellectual property law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law. The coursework component of the unit is residential and is conducted on the campus of the East China University of Politics and Law in Shanghai, People's Republic of China. Lectures will be given in English in Shanghai by professors from the East China University of Politics and Law. There will also be a visit to a Chinese law firm.

This unit explores Australian trading trusts and managed investment schemes and the legal position of the investors, trustees and external parties who are involved with them. The use of these trusts is widespread and in aggregate they hold massive wealth. In many senses they operate as surrogate companies but participants do not enjoy the protections provided by the Corporations Act 2001 to those who are involved with companies; their governing regime remains the general law of trusts (with some statutory overlay). Many of the issues are not well understood and sometimes not even identified; even where they are, privately structured solutions are not always effective. The issues acquired prominence in the post-GFC environment as these trusts faced financial distress and litigation. Outcomes have not always been predictable or consistent with participants' expectations and gaps in the law have emerged. This unit builds on conventional trust and company law units by examining, in an applied way, the commercial trust as a modern business association. The material assumes that students have successfully completed at least undergraduate level study of trust law (even if as part of a more general course on property and/or equity) and corporations law.

Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system - they must grapple with and question the operation of other corporate tax systems. This unit seeks to develop an ability to understand and analyze any corporate tax system and assess its impact on corporate decision making. With a dedicated textbook (written by the presenter), it does this by comparing a number of influential and archetypal corporate tax systems (both common law and civil law) and assessing their behaviour in the context of a number of practical problems. For tax professionals, the unit develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals. Topics include: corporate entities and hybrids, groups, interface with accounting, service companies, debt vs. equity, dividend relief, cross-border issues, incorporation, takeovers, trading in loss companies, share buy-backs, liquidation, bonus issues, convertible notes, mergers and demergers. This unit considers and contrasts (to the extent relevant) the US tax reforms implemented at the start of 2018.

Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.

The content of this unit of study will be the following topics: Economic Theory of Competition Law; the Concepts of competition, market definition, market power, substantial lessening of competition and public benefit; Section 4D Exclusionary Provisions; Part IV: Cartels - Civil and Criminal Prohibitions; Section 45 Contracts, Arrangements and Understandings; Section 46 Misuse of Market Power; Section 47 Exclusive Dealing; Section 48 Resale Price Maintenance; Section 50 Mergers; Part IIIA Access to Services; Part VI Remedies and Enforcement; Part VII Authorisations and Notifications. The intended outcomes for students who successfully complete this unit are that they will have a firm grasp of the operation of the competition law provisions of the Competition and Consumer Act 2010.

This unit builds on the foundational unit LAWS6991 Fundamentals of Contract Law. It provides students with a detailed treatment of aspects of contract construction; the nature and effect of particular types of contractual terms; equitable and common law remedies; statutory measures having an impact on contracts and contract law (eg statutory unconscionability; misleading or deceptive conduct). Content and learning in this unit is scaffolded onto that of LAWS6991 Fundamentals of Contract Law which is a pre-requisite for this unit.

This advanced unit covers the tax policy and detailed rules for companies and shareholders designed to ensure that corporate profits are not subject to double taxation in Australia. Topics to be covered include: the policy and problems of taxing companies and shareholders; taxation of company distributions and dealings with interests in companies; imputation; debt equity classification; special anti-avoidance rules dealing with taxation of companies and shareholders; bonus issues, rights issues, share buybacks and liquidations.

This unit of study seeks to analyse in detail a number of areas in defamation law that have been the subject of current judicial, academic and policy debate and controversy. The topics covered in this unit include an analysis of the concepts of reputation and freedom of expression in Australian defamation law; the role of juries in Australian defamation trials; defamation and the impact of the internet and other technologies; the Polly Peck defence in Australian defamation law; damages and interlocutory injunctions as remedies for defamation; and the effectiveness of, and the scope for further, defamation law reform. It is expected that students who enrol in this unit of study will have studied defamation law at an introductory level as part of their undergraduate or postgraduate degrees or have had practical experience in the area.

This unit aims to provide an introduction to the legal and practical aspects of doing business in China. The unit will commence with an overview of the Chinese legal, political and economic system and will then move on to an examination of the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws. The unit will focus on Chinese contract law and the foreign investment regime and the related structuring and regulatory issues related to foreign participation in the Chinese market. Areas covered will discuss the principal issues relating to the establishment of a corporate or other presence in China and the related negotiation process. The unit will conclude with an examination of methods of resolution of disputes arising under contracts entered into in China. More specialized topics which may be covered include intellectual property, labour law, regulation of financial institutions and Chinese investment overseas.

The objective of the unit is to provide an understanding of the modern economics approach to the analysis of tax policy. The unit defines the role of taxation within the framework of welfare economics and examines the social and economic effects of reforms drawing on available empirical evidence. Particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment. Topics covered include: taxation of labour income, consumption and capital income, family income taxation, alternative approaches to the taxation of emission, and the taxation of resource rents.

This unit examines key aspects of employment law principles and practice and their application in employment litigation and advocacy. This unit of study is designed especially for students in the Master of Laws (LLM) and Master of Labour Law and Relations (MLLR) degree programs who have completed an LLB or JD degree and focuses specifically on the principles of employment law within a litigation context.

Environmental degradation is often caused by various forms of market failure. At the same time, it is recognised that market-based instruments (MBIs) can function as legitimate and effective legal tools for environmental protection. MBIs are instruments or regulations that encourage behaviour through market signals, rather than through direct regulation alone, and are applied broadly at both the international and national level to improve environmental quality and resource conservation. Markets are not, however, a panacea for the environmental issues we face, and MBIs can undermine environmental objectives if those instruments are not well designed and implemented. This unit will study the role of markets and financial incentives in addressing environmental and natural resource issues, and analyse the conceptual foundation for their use. It will then survey a range of MBIs, including marketable permits, offset programs and load-based licensing, across a diverse range of environmental issue areas, including climate change, renewable energy, fisheries, water and biodiversity. The Unit will examine the key contributions MBIs can make to environmental regulation, as well as the relevant 'watchpoints' as these instruments develop in terms of environmental protection. Students will also examine how 'impact investors' are harnessing private capital in order to drive market-based solutions to environmental problems.

Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts. This unit will provide students with an understanding of remedies available for breach of contract and factors that may vitiate a contract. The unit prepares students for a range of units** across postgraduate programs in commercial law, corporate, securities and finance law and international business law where a basic understanding of contractual law principles is valuable. Unit content includes: contract as a risk management device; formation of contracts: agreement, consideration, intention to create legal relations, certainty, privity, formalities; construction principles: contractual parties, contractual terms (express and implied), classifying terms, principles of interpretation; estoppel; vitiating factors: misrepresentation, misleading and deceptive conduct, unconscionable conduct, mistake, duress; discharge: performance, breach, termination and frustration; remedies: key statutory and common law remedies.
** excluding the following advanced contract law units available to law graduates only: LAWS6809 Breach of Contract, LAWS6872 Contract Negotiation, LAWS6851 Construction Law, LAWS6915 Current Issues in Defamation Law, LAWS6954 Financial Risk Allocation in Equity, LAWS6903 Interpreting Commercial Contracts, LAWS6969 Principles of Patent Law, LAWS6919 Problems in Contract Formation and units as listed in the Faculty Handbook.

This unit is designed for those wishing to pursue postgraduate study involving aspects of corporate law, but who lack the required previous exposure to the subject. As our postgraduate units in corporate law (other than this unit and LAWS6319 Fundamentals of the Board and Directors' Duties) are generally specialised and taught at an advanced level, those wishing to enrol in such units but who have not studied corporate law in a law school environment should undertake this unit. The unit focuses on the fundamental principles of law applying to public and proprietary companies. It starts with a brief history of the development of the corporate form and the evolution of Australian corporate law, before examining a range of core topics, such as the nature of corporate personality, the incorporation process, corporate constitution and governance rules, and shareholder rights and remedies. The unit will also include a brief introduction to directors duties, however, students who lack previous exposure to corporate law and wish to examine this topic in greater detail are advised also to enrol in the unit, LAWS6319 Fundamentals of the Board and Directors' Duties. It is recommended that students wishing to undertake further study in the area of shareholder rights enrol in LAWS6957 Shareholders Remedies.

This unit examines regulatory theory and practice within the context of the regulatory state. Growing privatization and corporatization has heightened demand for public regulation of private activities, but also for regulation of the state itself. At the same time, consumers, governments, and civil society place pressure on the private sector to address the social and environmental consequences of its actions through various forms of self-regulation. These trends have produced increasingly complex regulatory systems, and regulation is now a dominant aspect of the legal landscape, at both national and international levels. This unit acts as an introduction to key theories, concepts, and debates within the field of regulatory studies, as well as to the main tools and instruments of regulation. Focusing on social regulation, it uses practical examples to analyze the implementation and enforcement of regulatory regimes in various areas, including public health, workplace health and safety, and environmental protection. It explores corporate responses to regulation, as well as the roles, practices, and accountability of regulatory agencies, and of other actors involved in the administration, monitoring, and enforcement of regulation. The unit will be of interest to lawyers and other professionals engaged in regulatory compliance and enforcement, as well as to students with an interest in regulatory theory and practice more broadly. This unit will provide a gateway for further study in more specialized areas of regulation.

This unit begins with an overview of the equity jurisdiction, including fiduciary duties, before going on to consider the law of trusts in more detail. The unit covers the creation, constitution and validity of both private and public trusts; the rights and duties of trustees; trustee and third-party liability for breaches of trust; and remedies for breach of trust. These principles will be explored in the context of both personal and commercial dealings, and particular attention will be paid to certain commercial applications of the trust mechanism, such as Quistclose trusts and retention of title 'proceeds' trusts.

This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.

The unit is a review of the world's minerals-development regimes and the contracts that international investors use to implement them. The unit begins by reviewing the fiscal arrangements that nations use to obtain exploration and development, including licenses, production sharing contracts, joint ventures, and service contracts. It then focuses on the contracts that international investors use to share risks and rewards, including confidentiality agreements, study and bidding agreements, operating agreements, farm out agreements, lifting agreements and gas sales contracts. Other issues that may be covered include joint development agreements, taxation issues, corruption and indemnification.

This unit introduces the key concepts that underpin the Australian GST, the policies underlying the tax, and the way those policies are (or are not) reflected in the design of the GST law. The aim is to give participants a working knowledge of the operation of the GST law and an awareness of the practical problems encountered in practice, informed by an understanding of the way in which the law is intended to operate. The unit will commence with an examination of the basic design features of value added taxes in general and of Australia's GST in particular. It will then examine the core elements of the GST law, including: the taxpayer (entities, enterprise, and the obligation to register for GST), the liability for tax on supplies made for consideration; the value of taxable supplies and the amount of GST payable on supplies; the entitlement to input tax credits and the range of subsequent adjustments that may be required; attributing GST and input tax credits to tax periods; adjustments for adjustment events; basic principles of GST-free and input taxed supplies (including an introduction to the treatment of real property transactions financial supplies); basic cross-border issues, including the treatment of imports and exports.

The questions of whether and how the global economy and human rights interrelate and interact have excited much recent controversy on the streets, in the courts and legislatures, in corporate board rooms and in the corridors of the UN and the international trade and financial organizations. It is a controversy that will almost certainly intensify over the next few years. The debate is controversial because it is important, and it is important because it involves two great globalizing forces namely, the promotion of free market ideology through trade liberalization and the protection of human rights through the universalization of the norms that underpin human dignity. On the face of it the two projects do sit easily together. Are they, in fact, implacably opposed to each other? Where or how do they overlap and what are the consequences or opportunities presented thereby? What role can the law play in regulating their interaction whether it be domestic or international law, 'hard' or 'soft' law. And what or who are the real actors behind the economic and human rights power blocs on the global stage? This unit seeks both to frame these questions and to address them by reference to the most recent discussion, thinking and action in the area.

The unit provides an introduction to the mainly statutory law regulating bankrupt individuals and insolvent companies to be found in the Bankruptcy Act 1966 and Corporations Act 2001. It explores the objectives and key principles of insolvency law, the pari passu principle, the various forms of insolvent administration including informal workouts, bankruptcy, liquidation, receivership, voluntary administration, schemes of arrangement and associated procedures together with the avoidance of transactions in insolvency. The unit also considers the impact of insolvency on existing contractual and proprietary rights from the perspective of employees, unsecured creditors, shareholders, trustees of trusts and third parties generally. The unit also considers cross border insolvency and the Cross Border Insolvency Act 2008. The impact of the PPSA on insolvency is also analysed. The unit involves a significant component of statutory interpretation.

The unit objectives are to identify and analyse the key legal concepts that govern the relationship between insurers and policyholders. The unit will examine the statutory and contractual principles applicable to insurance contracts, including: the principle of utmost good faith; the content and regulation of policy terms; the measure of indemnity; the rights of insurers following loss; the principles applicable to particular forms of policy (including life, property, liability, marine and reinsurance); and the role of intermediaries.

The objective of this unit is to provide students with an introduction to a number of areas of international business law and to provide an opportunity to study some of those areas in more detail. It begins with an examination of the concept of free trade, the international structures and organizations that have been created to foster the liberalization of international trade, and the scope of the law relating to international business transactions. The unit highlights the importance of ethics in international business and introduces students to the OECD Convention on Combating Bribery of Foreign Public Officials, the Foreign Corrupt Practices Act 1977 (US) and the Bribery Act 2010 (UK). It then focuses on the United Nations Convention on Contracts for the International Sale Goods (CISG), followed by a consideration of International Commercial Terms (Incoterms 2000 and Incoterms 2010) and carriage of goods, especially carriage of goods by sea. The course then deals with the Uniform Customs and Practice for Documentary Credits (UCP600), financing of exports and methods of doing business in foreign markets, including through agents and distributors and international licensing transactions. Other topics may vary from year to year and may include an introduction to international tax, the World Trade Organization (WTO), including anti-dumping and countervailing duties law and international dispute settlement, especially international commercial arbitration.

This unit introduces students to the preferred method of resolving international commercial disputes. It aims primarily to: (a) outline key principles in the law of international commercial arbitration, and (b) discuss a range of cutting-edge legal issues raised in international commercial arbitration, to nurture a sophisticated understanding of the historical development and likely future path of international commercial arbitration. In doing so the unit also briefly compares the burgeoning field of treaty-based investor-state arbitration (examined in more detail in LAWS6916 International Investment Law). This unit considers how international commercial arbitration relates to litigation and ADR, surveys some of the most important transnational and Australian 'legislative' instruments, and introduces major trends. It goes on to consider in detail specific issues including the arbitration agreement; the constitution of the arbitral tribunal; applicable law issues, including consideration of the law governing the arbitration, the role of the seat, and the role of national courts; procedure in international arbitration; the jurisdiction of the arbitral tribunal; the role of arbitral institutions; the arbitral award and challenges to the award; and recognition and enforcement of the award.

This unit of study aims to provide an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes. The United Nations Charter provisions for the peaceful settlement of international disputes will be taken as creating the basic framework for the review of dispute resolution techniques. These include negotiation, good offices, mediation, conciliation, arbitration, and adjudication. Particular attention will be given to in-depth analysis of certain disputes and the legal and political techniques used in their resolution. These disputes may include the Tehran Hostages case, the Nuclear Tests case, the East Timor case, and dispute over the status of Kosovo.

This unit provides an introduction to public international law. Its purpose is to ensure that students have a thorough understanding of the core principles and problems of, and contemporary issues in, international law. The unit covers the following topics: nature and scope of public international law, sources of public international law, international legal personality, the law of treaties, how title to territory is acquired, state jurisdiction in international law, immunity from jurisdiction, state responsibility for international wrongs, dispute settlement, and the legality of the use of force.

International finance is front page news: from litigation against mis-selling banks, to the fall-out of the sovereign debt crises (bail-in), the contentious role of activist hedge funds and the (over)reliance on rating agencies, there is no escape. Banks are perhaps still on the back foot, having to prove their value to the community by mains of delivering sustainable finance. This unit introduces and digs deep into the suite of international financial transactions, with a profoundly practical perspective, whilst also showcasing sustainable and development finance in practice.
Key pillars of the unit include lending, capital markets instruments, derivative markets and project finance. Within each pillar specific financial products are analysed, both from a legal and structuring perspective. We look at lending and negotiate a term sheet. We uncover the drivers and documentation of structured finance products such as securitisation and covered bonds. We will also look at the international regulatory reform of for instance the derivatives market and its impact on documentation. Insight is given into credit derivatives. Investor litigation is also a prominent feature of the unit. The lecturer shares his own transactional experience in development finance, from Asia to Africa and Latin America. Guest lecturers from top tier law firms and major banks explain transactions and risks, giving a broader perspective. Case studies and a negotiation session are also included, making this a both challenging and exciting unit. Bottom line: this unit will enhance your skills for application in legal practice. No prior experience in the financial markets is required. To assist students in getting up to speed, some materials will be shared on-line before classes commence.
The lecturer is Jan Job de Vries Robbé, who is Manager of Legal Affairs and Compliance at the Dutch Development Bank FMO and has extensive experience in international finance.

Students will develop their understanding of the principles of statutory interpretation, and hone their ability to apply those principles in practice. The interpretation of contracts, constitutions and treaties will also be explored, observing where the core principles of statutory interpretation (text, context and purpose/intent) also apply to those texts, as well as learning rules particular to contracts, constitutions and treaties. Interpretation is a day-to-day task of the lawyer but many practising lawyers (and other professionals who work with the law) do not have a background in the discipline. This unit will teach the principles of interpretation, with a particular focus on practical application through the use of real-world examples, in-class exercises, and 'how to' guides. The unit will cover topics in- (i) Statutory interpretation (7 lectures): Modern approach, text, context and purpose; Canons and presumptions; Overlap and boundaries with common law; Acts interpretation legislation; Regulations and other subordinate legislation; The role of extrinsic materials; Practical steps to take when construing a provision; Exercises in commercial, administrative, environmental, labour and tax statues; and Recent controversies and the approach of the current High Court (ii) Contract interpretation (2 lectures): A private instrument: similarities and differences to statutory interpretation; and Surrounding circumstances and status of Codelfa 'true rule' (iii) Constitutional interpretation (1.5 lectures) - Dynamic document or original intent; and Practical examples from Commonwealth and NSW constitutions and (iv) Treaty interpretation (1.5 lectures) - Vienna Convention on the Law of Treaties; Treaty obligations and domestic legislation; and Exercises in international arbitration, immigration, environmental, insolvency and tax law. Two of the above lectures will be given by guest lecturers from the judiciary and senior bar. The final two lectures will involve revision and overview, additional problems and assessment preparation.

This unit introduces the basic elements of Australia's income tax (including fringe benefits tax and capital gains tax) and Goods and Services Tax, with an emphasis on their impact on businesses, whether conducted directly or via a partnership, trust or company.
The unit covers the following topics: the main structural features of the tax system; assessability of business revenue; treatment of business expenses; timing rules for revenue and expense recognition; trading forms (companies, partnerships, trusts), capital raising and costs of servicing invested capital; cross-border issues; and anti-avoidance rules.

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 the role played by labour law in securing fair and just working conditions and effective labour market regulation by comparing various regulatory models from different national legal systems. 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: sources of employment regulation and recent evolution of their hierarchy; the scope of employment protection in the light of the dichotomy employee/independent contractors; new models of work prompted by the so-called gig economy and new technologies; regulatory challenges posed by labour hire and subcontracting; the balance between workers' social needs and economic factors provided by minimum wage setting mechanisms.

The aim of this unit is to provide students with a broad overview, on a comparative basis, of the key legal issues commonly faced when investing and doing business in Asia. This unit looks at the regulation of investment across chosen jurisdictions across Asia, including Japan, China and Southeast Asia (particularly Indonesia, but it may also look at jurisdictions such as Malaysia, Thailand, Myanmar and India) and compares them with each other and with the Australian regulatory system. It also looks at international treaties which increasingly impact on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility and anti-corruption law; 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.

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.

This unit analyses domestic laws in major jurisdictions and international laws to regulate digital trade. Digital Trade is broadly defined to cover traditional e-commerce where tangible products are sold via Internet but delivered offline; more importantly, it also includes modern intangible digital products sold and transmitted electronically online. This unit first surveys relevant statutes and cases in Australia, the US, the EU, and China. Then, it discusses digital trade regulations embodied by major free trade agreements and judicial assistance treaties, or adopted by international organizations such as WTO, APEC, and UN. It covers the following areas: classification of digital products and their treatment, online consumer and privacy protection, law for online platforms/interactive computer service, principles on access to and use of the Internet for digital trade, law to regulate cross-border flow of data, (de)localization of computing facilities, law for blockchain and smart contract, law for digital currency, and dispute resolution (jurisdiction, choice of law and judgment recognition and enforcement). This unit provides an opportunity for graduates to appreciate and assess the legal challenges brought by digital trade and embark on comparing and criticizing diversified solutions adopted by different jurisdictions and international organizations.

There are striking similarities and overlaps between Australian and English media law, reflecting their common origins, but there are also important differences and divergences. In relation to English media law, the impact of the United Kingdom's membership of the European Union is a significant factor. This unit of study analyses a number of key issues in media law, ranging from defamation law, privacy and breach of confidence, contempt of court, open justice, suppression and non-publication orders and other restrictions on court reporting, as they arise in Australia, the United Kingdom and the European Union. In 2016, the unit taught in Cambridge will include guest lectures by leading media law academics, lawyers and commentators from the United Kingdom.

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.
The is one of our 2018 international visiting faculty, Umakanth Varottil, who is Associate Professor at the National University of Singapore.

The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets. This prompted a fundamental reconsideration of the design of financial regulation, which governs a financial system that has become ever-more complex and interconnected, and which evolves at an ever-accelerating pace. This course presents a holistic overview of the key principles underpinning financial regulation. It draws on economic theory to explain the way in which the financial system functions, and then to analyse the goals of financial regulation. This analytic framework is then applied to a series of substantive topics in financial regulation, spanning the traditionally-separate fields of banking, markets, and consumer finance. The unit also considers the operation of the new tools of 'macro-prudential policy' and the international coordination of financial regulation in the global financial system. While the substantive topics are considered in terms of EU and US rules, the analytic tools developed are of more general application. Topics covered in this unit: The financial system; Goals and challenges of financial regulation; Consumer finance; Market regulation; Bank capital and liquidity regulation; Bank governance and resolution; Shadow banking and Macro-prudential and international coordination. Students who complete this unit successfully will have an overview of the economic principles underpinning financial regulation, to be able to understand and critically evaluate the principal substantive aspects of financial regulation in the US and EU, as well as their international coordination.

Principles of Oil and Gas Law explores the distinctive legal issues presented by oil and gas exploration and production and examines the legal and regulatory responses of oil producing states. This unit also explains the international legal principles that apply within the sector and sets the Australian experience against a broad comparative background. For the first time in 2016, this unit will be offered in the home of the North Sea oil and gas industry, Stavanger, Norway. This unit will draw on the expertise of international experts in oil and gas law, as well as take advantage of our location with excursions to the Petroleum Museum, oil companies and government. On completion of the unit, participants should be able: to explain the specific legal problems posed by the physical characteristics of oil and gas; to identify different approaches to the resolution of those problems, their strengths and weaknesses; to identify and analyse the special issues presented by offshore oil and gas resources on the one hand, and onshore resources on the other; to compare the approaches of different states to the exploitation of their oil and gas resources, and the different legal vehicles used to support and control the involvement of private capital is involved in this task; to identify the problems that may arise at each stage of the exploration, production and disposition of oil and gas, and to analyse their legal solutions; to outline the legal approach to any special environmental and occupational safety problems posed by oil and gas operations; and to consider how legal regimes for oil and gas exploration and production may be evaluated in terms of political and legal risk.

The aim of the unit is to provide an understanding of the role of government policy within the analytical framework of welfare economics. Questions of central interest include: What are the conditions that justify government intervention? How can policies be designed to support basic principles of social justice? What kinds of reforms promote economic efficiency? Applications will range from taxation and social security to environmental regulation and protection, and will cover the following specific topics: The structure of the Australian tax-benefit system; Uncertainty and social insurance; Unemployment, health and retirement income insurance; Externalities, environmental taxes and tradeable permits; Monopoly and environmental regulation; Utility pricing and access problems; Cost benefit analysis, intergenerational equity and growth. The unit will provide an overview of the main empirical methodologies used in evaluating policy reforms in these areas. Students may select to specialise in one or more of the policy areas.

This unit will examine, from a comparative (particularly United States and United Kingdom) perspective, the current debates over the regulation of corporate crime from both legal and policy perspectives. Different theoretical perspectives on the nature and causes of corporate crime, and the role of the state in regulating corporate behaviour will be examined, with a view to determining the reasons for the failure of the criminal justice and regulatory systems to respond to corporate crime. The role of criminal, civil and regulatory sanctions in deterring corporate crime will also be examined. Offenses covered will include fraud, bribery, corruption, money laundering, revenue offenses, competition law offenses, corporate manslaughter and various offenses under the Corporations Act 2001 (Cth). With this foundation, students will be encouraged to think critically and to apply the principles they have learned to case studies.

This unit examines the structure and regulation of markets for financial products, with particular emphasis on corporate securities. The study is primarily a legal analysis, but also explores some financial theory relevant to legal response to market operation. Particular topics covered include: structures, institutions and participants in Australian financial products markets and current developments in such markets; co-regulation of financial products markets, including the role and powers of the Australian Securities and Investments Commission and Australian Securities Exchange Limited and other market operators; the licensing of financial services professionals; the conduct of securities business, including the legal structure of securities exchange transactions and the incidents of the broker-client relationship; and abusive trading on financial products markets, including market manipulation and insider trading.

This unit, along with LAWS6841 Taxation of Business and Investment Income B, is designed to provide an advanced study of the tax treatment of various important business transactions. It provides a detailed examination of the income tax and capital gains treatment of selected complex commercial transactions and their impact on the tax base. The goal of the unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems discussed in each seminar. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable. The unit will cover the following topics: core income and expense rules and operational concepts underlying the income tax system; treatment of realised business income and the differentiation of capital gains; treatment of business expenses and the differentiation of expenses recoverable under depreciation, CGT or not at all; issues in the treatment of trading stock; issues in the tax treatment of the costs (and revenues) associated with business equipment and intangibles. This unit can be taken alone or in conjunction with LAWS6841 Taxation of Business and Investment Income B.

This unit, along with LAWS6840 Tax of Business and Investment Income A, is designed to provide an advanced study of the income and capital gains tax treatment of various complex commercial transactions. The goal of this unit is to develop an understanding of the policies, detailed rules and current practical problems involved in this area of taxation, through the analysis of a number of specific problems that will be discussed in the seminars. Because of continual change to the taxation system, recent legislative amendments and judicial decisions will be examined in detail where applicable.
This unit will cover the following topics: issues in business financing, including asset leasing; tax issues related to the use and development of land and buildings; the treatment of 'black hole' expenses; tax accounting for income, expenses and profits; and specific and general anti-avoidance rules. This unit can be taken alone or in conjunction with LAWS6840 Tax of Business and Investment Income A.

This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital. Upon successful completion of this unit a student should have an advanced understanding of the policies underlying the Australian tax treaty position in relation to the taxation of various kinds of income, as well as a detailed knowledge of the law applicable to interpretation of Australia's treaties. The unit includes a study of: principles of tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.

This advanced unit considers specialised topics in the area of tax treaties, largely reflecting the work of the OECD and United Nations on tax treaties currently and in the last decade, particularly the OECD/G20 project on Base Erosion and Profit Shifting (BEPS). Topics covered include OECD and UN policy development processes, high value services and the digital economy, transfer pricing, harmful tax practices, treaty abuse, non-discrimination, entities and tax treaties (especially partnerships and collective investment vehicles), transparency and assistance in collection, dispute resolution, and the BEPS multilateral instrument. Upon completion of this unit, students will have a detailed understanding of the current driving forces and issues in the development of tax treaties and other international tax standards.

This advanced unit will analyse the current law on the tax treatment of the principal forms of raising corporate finance from sources both in Australia and offshore, in Australian and foreign currencies, and of hedging the various exposures that a taxpayer may have from of its fund-raising and investments. The unit will consider the taxpayer's position both within and outside the TOFA regime. Common forms of innovative financial instruments will be examined, including debt, equity and hybrid instruments, forward and futures contracts, derivative instruments, and various asset-based forms of corporate financing. Selected non-resident withholding tax issues will be examined.

This advanced unit examines the policy and practical issues that arise in the tax consolidation regime in Australia. The unit covers: policy and history of grouping and consolidation; entry into consolidation; effects of consolidation; exit from consolidation; losses, imputation and tax payments in consolidation; international rules in consolidation including MEC groups; restructures of consolidated groups and application of anti-avoidance rules to consolidate groups.

This advanced unit examines the policy and practical issues that arise in Australia for the taxation of income derived through partnerships and trusts which are generally transparent for tax purposes, with a twofold focus: first for private business and investment; secondly for collective investment. The unit covers: problems and policies for taxing entities (partnerships and trusts contrasted with companies); classification of entities for tax purposes; taxation of partners and trust beneficiaries in a private business/high wealth context; taxation of collective investment vehicles mainly in the form of trusts and partnerships, including Attribution Managed Investment Trusts, Corporate Collective Investment Vehicles, Managed Investment Trusts, listed investment companies, public trading trusts, limited partnerships, venture capital, foreign hybrids, and investment manager regime.

This unit will exam they key aspects of the application of taxes to real property transactions. The unit will commence with an introduction to the tax policy considerations relevant to the taxation of real property. The application of taxes to real property transactions will then be considered. In addition to focussing on the acquisition, development, sale, and leasing of real property, the unit will consider tax issues for the development of commercial, residential, hotel/serviced apartment complexes, and retirement villages. Practical case studies will be used to draw out the impact of income tax, GST, stamp duty (primarily NSW), and land tax on real property transactions.

This unit presents the major aspects of the law of negligence from the perspective of statute. While there is detailed coverage of the Civil Liability Act, the larger goal is to demonstrate that for at least a century, much of the law of negligence is a product of, or a reaction to statute. That is most obvious in areas such as contributory negligence, tortfeasor contribution and personal injury damages, although the true extent of the role of statute is greater than is often perceived. But statute is at the forefront of basic areas such as duty of care and causation, in important aspects of breach (notably, for professional negligence), in the availability of damages for psychiatric injury, as well as having been central to the immunities of highway authorities and other public authorities for many centuries. The unit will also facilitate a greater appreciation of the range of statutes and the different ways in which they interact with judge-made law.

The unit examines transfer pricing law and practice in Australia and globally. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the revised OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 2010 and the ongoing projects, the rewrite of the Australian transfer pricing legislation, and the substantial transfer pricing rulings program of the Australian Taxation Office, have together significantly increased the international and Australian materials available on the law and practice in transfer pricing. Students will gain an understanding of the policy, and detailed application of transfer pricing rules within Australia and an understanding of the international framework.

This unit covers the domestic provisions of UK direct tax law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australia's major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK. This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct tax area, especially in dealings with Australia. Upon successful completion of the unit, participants will have an advanced understanding of the policies of the UK rules for taxing international transactions as well as a detailed knowledge of the principles of company and personal taxation applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK tax system; 2. Taxation of inbound investment in the UK; 3. Taxation of outbound investment in the UK; 4. Transfer pricing in the UK; 5. UK tax treaties including the Australia UK Tax Treaty; 6. EU tax law as it affects the UK.

The object of this unit is to provide an overview of the income tax system of the US with a focus on the most important legislative and treaty rules of the US in the international income tax area, especially in dealings with Australia. The unit will examine both the policies behind the US taxation of international transactions as well as the rules and principles of income tax law applicable to inbound and outbound transactions in the US.

This unit is a comprehensive introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. It also offers some comparisons with regulation under bilateral and regional trade agreements. It can be taken as either a stand-alone introduction to WTO law or to acquire a solid basis for further study of WTO law. (Students may wish to continue on to take LAWS6249 World Trade Organization Law II which builds upon the knowledge gained in this unit and considers some additional topics of WTO law.) The introductory topic considers the functions of the WTO through the consideration of some basic economics of trade and of public choice. We review the history of the General Agreement on Tariffs and Trade (GATT) and the creation of the Agreement Establishing the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT (and comparing with some bilateral and regional trade agreements). There follows a detailed study of the WTO dispute settlement system, under the WTO Understanding on Dispute Settlement, its concepts, procedures and enforcement. We study the framework of rules under the General Agreement on Trade in Services (GATS) and compare it with the negative list approach used under some bilateral and regional trade agreements; and the rules of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), emphasizing patents, copyright and trademarks, and noting some TRIPS plus aspects of some bilateral and regional trade agreements. The unit analyses in more detail some of the fundamental rules of the GATT: rules on tariff bindings and customs duties, national treatment, non-tariff barriers, the MFN rule on non-discrimination and an introduction to the rules on subsidies. We conclude with a synopsis of WTO developments to the present day. This unit is assessed in two ways: an essay on the object and function of the WTO system and its dispute settlement system; and an exam requiring students to apply the basic rules of the GATT, GATS and TRIPS to fact situations.

This unit follows on from LAWS6063 World Trade Organization Law I (or LAWS3439 or equivalent undergraduate unit) and builds on the understanding gained there of the law of the World Trade Organization and examining some further topics on the law of the WTO with some references to bilateral or regional trade treaties. The dominant part of the unit is an extension of the consideration of the General Agreement on Tariffs and Trade (GATT) by considering the exceptions for restrictions for health, environmental, technical regulations and quarantine reasons and considering the escape clauses providing for Safeguards, Anti-dumping Duties and Countervailing Duties (including the way these escape clauses are implemented in domestic law, mostly using examples from US law). We may extend the consideration of the MFN rule by considering the exception for free trade areas and customs unions (incorporating some limited consideration of particular Free Trade Agreements). Similarly, we may extend the introduction to the General Agreement on Trade in Services (GATS) by considering some specific service sectors, and extend the introduction to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) by considering the scope of exceptions under the TRIPS.

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available in special circumstances, and with the approval of the relevant Program Coordinator.

The goal of this unit of study is to provide students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available in special circumstances, and with the approval of the relevant Program Coordinator.

Please refer to LAWS6182 Independent Research Project A.