Labour Law and Relations
Unit outlines will be available though Find a unit outline two weeks before the first day of teaching for 1000-level and 5000-level units, or one week before the first day of teaching for all other units.
Laws
Master of Laws
To qualify for the award of Master of Laws, students must complete 48 credit points from the table below.
Graduate Diploma of Laws
To qualify for the award of Graduate Diploma of Laws, students must complete 24 credit points from the table below.
LAWS6011 Administrative Law
Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Intensive April Classes: Mar 20, 21 & Apr 17, 18 (9-5) Assumed knowledge: Undergraduate law degree or LAWS6252 (core unit for MALP students) Assessment: 7500wd essay or 2 x 3750wd essays (100%) Mode of delivery: Block mode
Note: Core unit for MALP students.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit is to develop a critical perspective upon the accountability of government decision-makers. The unit examines theoretical frameworks for analysis of a range of issues concerning accountability, with reference to relevant principles of administrative law. Part 1 of the unit examines the concept of administrative discretion, alternative theories of the rule of law, human rights, ethics and managerialism. Part 2 of the unit is concerned with the accountability of the executive branch of government. It includes analysis of separation of powers and the doctrine of ministerial responsibility, merits review tribunals, investigative tribunals and tribunal procedure. Part 3 of the unit examines theories of participatory democracy, with reference to relevant legal principles drawn from procedural fairness, rules of standing and consultation requirements in rule making. Part 4 examines theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation. Part 5 examines the proper scope of administrative law by discussion of the issue of its extension to government business enterprises which are corporatised, privatised or contracted out.
LAWS6947 Advanced Obligations and Remedies
Credit points: 6 Teacher/Coordinator: Prof Elisabeth Peden (Coordinator), Prof Barbara McDonald Session: Intensive July Classes: Jul 6-10 (9-5) Assumed knowledge: Available to law graduates only Assessment: Option 1: case note (20%) and 6000wd essay (80%) or Option 2: 8000wd essay (100%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php. Academic Profile https://sydney.edu.au/law/about/people/list.php.
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.
LAWS6856 Anti-Terrorism Law
Credit points: 6 Teacher/Coordinator: Prof Ben Saul Session: Intensive May Classes: Apr 23, 24 & Apr 30 & May 1 (9-5) Prohibitions: CISS6011 or LAWS3483 Assumed knowledge: Students should have either completed LAWS6243 International Law I or have an understanding in at least one of the following areas: public or a specialised area of international law or criminal law or criminology or human rights or security and conflict studies acquired through university studies and/or relevant professional experience. Assessment: Option 1: assignment (40%) and 5000wd essay (60%), Option 2: 8000wd essay (100%) or Option 3: assignment (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php
This unit explores how international law has confronted terrorist violence from the mid-19th century to the present, including under transnational and international criminal law, the law on the use of military force, the law of armed conflict, human rights law, measures adopted by the United Nations Security Council and General Assembly, and the law of state responsibility. It considers controversies about the (in)adequacy of the law in areas such as `targeted killings' (or extrajudicial assassinations?), aerial drones, detention and trial of suspects, `irregular renditions' (illegal abductions?), `enhanced interrogation' (torture?), `shoot to kill' policies, foreign terrorist fighters and citizen stripping, mass surveillance and privacy, and public emergency laws. Selected regional laws (in Europe, the Americas, Asia and Africa) and national laws (particularly in Australia, the UK and the US) implementing international obligations are also considered. The study of terrorism, and the law's response to it, is ultimately a study of when violence is justified, against whom, and for what purposes ¿ whether it is `freedom fighters' or `state terrorism', or extreme religious challenges to secular norms, at issue.
LAWS6209 Australian International Taxation
Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Intensive August Classes: Jul 22-24 & 27, 28 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of other foundation units such as LAWS6840 Taxation of Business and Investment Income A and LAWS6841 Taxation of Business and Investment Income B will provide students; without such knowledge or work Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6105 Child Sexual Abuse: Diverse Perspectives
Credit points: 6 Teacher/Coordinator: Prof Rita Shackel, Prof Judith Cashmore Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: 4500wd essay (60%) and critical review comprising oral presentation (20%) and written paper (20%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study examines the socio-legal complexities of responding to child sexual abuse in society. The unit presents students with a theoretical and multidisciplinary framework for understanding and evaluating contemporary issues relevant to child sexual abuse. More specifically the unit of study will analyse the nature of child sexual abuse and the underlying dynamics of such victimisation. Students will critically evaluate different strategies and models directed at identification and prevention of child sexual abuse and critically analyse legal responses to child sexual victimisation.
LAWS6091 Chinese International Taxation
Credit points: 6 Teacher/Coordinator: Prof Jinyan Li Session: Intensive May Classes: May 6-8 & 11, 12 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: class participation (20%) and take-home exam (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6001 Chinese Laws and Chinese Legal Systems
Credit points: 12 Teacher/Coordinator: Prof Bing Ling Session: Intensive December Classes: Nov 30-Dec 12 Prohibitions: LAWS6857 or LAWS3014 or LAWS3068 or LAWS5368 Assumed knowledge: undergraduate law degree from a common or civil law jurisdiction or LAWS6252 Assessment: 2hr exam to be completed in Shanghai (30%) and 8000wd essay (70%) due in February Practical field work: field school in Shanghai, China Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit is not available to students who have completed a law degree in the People's Republic of China. Master of Law and International Development students may undertake this unit as an elective or capstone unit conditional on (i) students must write an essay that focuses on a development topic and (ii) that topic being pre-approved by the Unit Coordinator.
Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
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.
LAWS6314 Coastal and Marine Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens, Prof Tim Stephens Session: Intensive June Classes: May 7, 8 & 14, 15 (9-5) Assessment: Presentation and 2000wd essay (25%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines legal and policy frameworks for the management of coastal and marine areas in Australia. Topics addressed include the characteristics of Australian coastal and marine environments, the constitutional framework for the management of offshore areas, the regulation of marine pollution, marine parks and reserves, fisheries management, the regulation of offshore oil and gas resource extraction, an introduction to maritime law, and the management of climate change impacts on coastal and marine areas.
LAWS6333 Commercial Trusts
Credit points: 6 Teacher/Coordinator: Dr Nuncio D'Angelo Session: Intensive November Classes: Oct 23, 24 & Nov 6, 7 (9-5) Assessment: class participation (10%), assignment (40%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Available to students who have previously completed trust law or corporations law as part of an undergraduate law degree.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
N D'Angelo, Commercial Trusts, LexisNexis Butterworths, 2014
LAWS6153 Comparative Corporate Taxation
Credit points: 6 Teacher/Coordinator: Prof Peter Harris Session: Intensive April Classes: Mar 25-27 & 30, 31 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: in-class test (20%) and 2hr exam (80%) or with permission 6000wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6128 Comparative International Taxation
Credit points: 6 Teacher/Coordinator: Assoc Prof Celeste Black (Coordinator), Prof Michael Dirkis Session: Intensive November Classes: Oct 27, 28 & Nov 2, 3 (9-5) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: in-class test (20%) and 2hr exam (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6838 Competition Law
Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Hodgekiss Session: Semester 2 Classes: 1x2-hr lecture/week Assumed knowledge: undergraduate law degree or LAWS6252 Assessment: 2900-3100wd essay (33.33%) and 2hr 30min open book exam (66.67%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
Corones, Stephen G: Competition Law in Australia (fifth ed 2010, LBC, Thomson Reuters); Miller, Russell V Australian Competition and Consumer Law Annotated (thirty-third ed, 2011, LBC, Thomson Reuters; Clarke, Philip, Corones, Stephen and Clarke Julie: Competition law and policy : cases and materials (3rd ed) OUP 2011
JURS6018 Constitutional Theory
Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Intensive September Classes: Aug 21, 22 & Sep 25, 26 (9-5) Assessment: Options: (i) class participation (20%), oral presentation (20%) and 4500wd essay (60%) or (ii) 2 x oral presentations (20% each) and 3000wd essay (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will address the role that constitutionalism is expected to play in a democratic state, and will explore various constitutional theories. The main focus will be on theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation: Is it paradoxical that a state governed by majority rules withdraws certain areas from collective decision-making? Various theories of constitutionalism, of constitutional interpretation, and of constitutional judicial review will be explored. The unit will also discuss the question of constitutional charters of rights, different models of judicial review, separation of powers, direct democracy and the functions of constitutions in transitions to democratic systems. The unit will follow a seminar format with the emphasis on class discussion of unit materials. First two days will be focused on the instructor's lectures while two remaining days on students' presentations.
LAWS6328 Contract Management
Credit points: 6 Teacher/Coordinator: Ms Anne McNaughton Session: Intensive September Classes: Aug 14, 15 & 21, 22 (9-5) Assumed knowledge: undergraduate law degree or LAWS6991 Assessment: assignment (40%) and take-home exam (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
John Carter, Carter's Guide to Australian Contract Law, 3nd edn, LexisNexis, 2016
LAWS6030 Corporate Taxation
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Intensive April,Semester 1a Classes: Law School Group (Session S1CIAP): Apr 1-3 & 6, 7 (9-3.30). Please refer to Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-homepage.
Deloitte Regional Group (Session S1CRA): First class starts on Feb 4 and concludes on Mar 19. Please refer to the Deloitte timetable. Law School students are not permitted to enrol into the Deloitte group. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of other foundation units such as LAWS6840 Taxation of Business and Investment Income A and LAWS6841 Taxation of Business and Investment Income B will provide students; without such knowledge or work experience; with additional knowledge and skills that will assist in successfully completing this unit. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Department permission required for enrolmentin the following sessions:Semester 1a
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6032 Crime Research and Policy
Credit points: 6 Teacher/Coordinator: Prof Judith Cashmore Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: class participation (10%), 2000wd research problem (30%) and 4000wd research proposal (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for MCrim and GradDipCrim students. Elective unit for GradDipCrim students who commenced on or after 1 Jan 2019.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides an examination of research methods in the context of criminology. The relationship between theory and methodology is explored. The production of knowledge about crime is critically assessed. Sources and forms of crime data are discussed and their significance is assessed. Research design, evaluation and analysis are also studied.
LAWS6193 Criminal Justice: Prevention and Control
Credit points: 6 Teacher/Coordinator: Assoc Prof Garner Clancey Session: Intensive April Classes: Mar 13, 14 & 27, 28 (9-5) Assessment: 2000wd short essay (35%), 5000wd essay (65%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines responses to crime and crime prevention with reference to shifting notions of crime and responsibility for crime. It encourages a critical appreciation of the limitations of criminal justice system responses to crime and the necessity to develop a broader approach to crime prevention policy which responds to economic, social and cultural issues. The unit examines different ways of thinking about criminal justice, such as a means of order maintenance, dispute resolution, or risk management, and the shifting focus towards the prevention of future harms. Specific topics may include: restorative justice specialist courts, privatisation and contractualism, security, policing, and approaches to crime prevention and community safety.
LAWS6915 Current Issues in Defamation Law
Credit points: 6 Teacher/Coordinator: Prof David Rolph Session: Intensive November Classes: Oct 16, 17 & 30, 31 (9-5) Prohibitions: (LAWS3428 and LAWS5128) Assessment: class participation (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
D Rolph et al, Media Law: Cases, Materials and Commentary, 2nd ed., Oxford University Press, South Melbourne, 2015. D. Rolph, Defamation Law, 1st ed., Thomson Reuters, Pyrmont, 2016.
LAWS6889 Death Law
Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive June Classes: May 14, 15 & 28, 29 (9-5) Assessment: class presentation (20%) and assignment or 7000wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Western attitudes toward death have undergone a remarkable transformation in the last century. For many, death now takes place in the hospital or the hospice following the decision of a doctor to cease providing treatment. As the management of death has passed from the family to health care professionals, it now makes sense to regard the moment and circumstances of death as largely medical phenomena. Moreover, as 'autonomy' has taken a dominant place amongst ethical values, it also makes sense to describe and measure death in terms of its 'acceptability' both to the dying person and his or her survivors. In tandem with these changes, technological innovations have transformed the dead or dying body into a potential source of valuable (and recyclable) biological material. These developments have thrown up new and urgent challenges for legal understandings about the timing of, and criminal responsibility for causing, death both within and outside medical settings. These developments have also disturbed conventional understandings of the corpse as sacred. Topics to be covered may include: death in contemporary Australia, the legal definition of life and death, medical futility and the concept of 'lives not worth living', euthanasia (with and without request), physician-assisted suicide, refusing and withholding life-prolonging treatment in adults and children, the Shipman/Patel scandals, ownership of the corpse and body parts, dead donor organ transplantation, organ sale and theft, posthumous reproduction, 'mercy' killing outside medical settings and the jurisdiction of the Coroner. The unit will interrogate these and other contemporary challenges for the law relating to death and dying both within Australia and, where appropriate, other selected comparator jurisdictions (US, UK and Canada). These will be mapped against socio-historical understandings of the changing meaning of death, dying and serious disability in Western societies, and students will be encouraged to reflect on the broader legal implications of these developments.
LAWS6974 Development, Law and Human Rights
Credit points: 12 Teacher/Coordinator: Prof David Kinley Session: Intensive February Classes: Jan 26-Feb 8 Assessment: assignment (30%) and 8000wd essay (70%) Practical field work: Field School in Nepal Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include: The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences); The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law; The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies; The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and The experience of women in development and human rights processes. The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.
LAWS6358 Digital Criminology: Tech and Crime
Credit points: 6 Teacher/Coordinator: Dr Carolyn McKay Session: Intensive May Classes: Apr 3, 4 and May 1, 2 (9-5) Assessment: 3000wd essay (40%), 5000wd case study research project (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
New digital technologies are rapidly emerging as conduits for criminality as well as tools of policing and criminal procedure, and in the infrastructure of punishment. In this unit of study, students will learn about the impacts of technologies on crime and justice: in the commission of new crimes, in law enforcement and regulatory challenges, national security, and digital transformations in court procedure and court space, algorithmic risk assessments, corrections, and in the supervision of offenders. This unit of study draws from socio-legal literature and the emerging field of Digital Criminology to understand the profound shifts occurring in the move from terrestrial to digital environments, and from human 'reality' to augmented, virtual and artificial platforms in the criminal justice system.
LAWS6066 Discretion in Criminal Justice
Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Intensive November Classes: Oct 9, 10 & 23, 24 (9-5) Assessment: take-home exam (60%) and essay (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step. It deals with each stage from the reporting or observation of crime, through investigation, arrest, charging, bail, plea, hearing, appeal, retrial and publicity. It describes how actors at each step (citizens, police, prosecutors and judges) confront decision making, the laws (legislation, common law) and rules (prosecution guidelines, memoranda and procedures) that apply and provides examples of the exercise of such discretions. It also looks at the place of public commentary (personal, the media and political) in the process. The unit explores nuances in the conduct of any criminal prosecution aside from the application of the letter of the law.
LAWS6039 Discrimination in the Workplace
Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Intensive September Classes: Intro Class: Jul 28 (6-8) then Aug 14, 15 & 28, 29 (9-5) Assessment: Three components of assessment and students can choose the weighting. Option 1: class participation (0%), online short-answer quiz (35%) and 5500 wd essay (65%) or Option 2: class participation (15%), online short-answer quiz (25%) and 5500 wd essay (60%) Mode of delivery: Block mode
Note: MLLR students may enrol in this unit before completing LAWS6071 Labour Law, but must have either completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
In this unit we examine the nature of discrimination in the workplace and the legal response to it in Australia. We start by considering the theoretical perspectives on equality that underpin our legislation and ideas about effective regulation. We then examine how anti-discrimination law is applied in respect of a number of different grounds of discrimination - such as sex, race, disability, and family responsibilities - reviewing recent cases and current issues. We will also discuss enforcement mechanisms and processes under anti-discrimination legislation and what, if any, effect the legislation has had on workplace processes and culture. While NSW law will be considered, the focus will be on federal legislation, looking at anti-discrimination laws, anti-discrimination provisions in the Fair Work Act 2009 (Cth), and the Workplace Gender Equality Act 2012 (Cth).
LAWS6130 Dispute Resolution in Australia
Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin Session: Intensive May Classes: May 1, 2 & 22, 23 (9-5) Assessment: problem question (50%) and 3000wd essay (50%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma. Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
The unit is designed to give students a broad understanding of the theory, policy and practice of ADR. It will enable students to understand various alternative dispute resolution processes, their advantages and limitations; understand the application of ADR in particular areas of practice: understand key theoretical debates about mediation; be able to advise others about ADR processes; be better participants in ADR processes; be better able to evaluate the possible applications of various dispute resolution methods. The use of ADR in employment and health care disputes will be considered.
LAWS6852 Doing Business in China
Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Intensive September Classes: Aug 14, 15 & 28, 29 (9-5) Assumed knowledge: Students who do not hold a law degree from a common or civil law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit. Assessment: Option 1: 3500wd essay (50%) and take-home exam (50%) or Option 2: take-home exam (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6984 Economics of Tax Policy
Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Intensive October Classes: Sep 28, 29 & Oct 6, 7 (10-5) Prohibitions: LAWS6257 or LAWS3447 or LAWS5147 Assessment: class participation and presentation (10%) and 5000-6000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6937 Employment Law Advocacy
Credit points: 6 Teacher/Coordinator: Mr David Chin, Ms Elizabeth Raper Session: Intensive June Classes: Intro Class: Apr 7 (6-8) then May 8, 9 & 29, 30 (9-5) Assumed knowledge: Available to law graduates only. Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator. Assessment: class participation (40%), short tests (20%), problem question and drafting exercise (40%) Mode of delivery: Block mode
Note: Students who have previously completed LAWS6013 Advanced Employment Law may also enrol with permission of the Program Coordinator.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6354 Environ Planning and Impact Assessment Law
Credit points: 6 Teacher/Coordinator: Mr Jeff Smith, Ms Susan O'Neill Session: Intensive September Classes: Sep 9-12 (9-5) Prohibitions: LAWS6043 or LAWS6045 or LAWS3430 or LAWS5130 Assumed knowledge: students who do not hold an undergraduate law degree must have completed LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit and LAWS6044 Environmental Law and Policy (MEL only) Assessment: class presentation and 1000wd essay (25%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit has three aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures and environmental planning laws in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA and environmental planning laws by examining their historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to current laws and legal practices.
LAWS6044 Environmental Law and Policy
Credit points: 6 Teacher/Coordinator: Dr Gerry Bates Session: Intensive March Classes: Mar 4-7 (9-5) Prohibitions: LAWS3430 or LAWS5130 Assumed knowledge: LAWS6252 or law degree from a common law jurisdiction Assessment: 2000wd essay (25%) and assignment (75%) Mode of delivery: Block mode
Note: Students who do not hold a law degree from a common law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before undertaking the environmental law units.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit is to introduce students to overarching themes in environmental law and policy as a foundation to their more detailed studies for the Environmental Law Program. This is an overview unit addressing a number of environmental issues at various levels of analysis; such as policy making, implementation of policy and dispute resolution. The concept of ecologically sustainable development and its implications for environmental law and policy is a continuing theme. The unit is designed to develop multi-dimensional thinking about environmental issues and the strategies needed to address them. The unit provides a broad background of the political and economic issues in so far as they are related to the legal issues involved.
LAWS6041 Environmental Litigation
Credit points: 6 Teacher/Coordinator: Adj Prof Justice Nicola Pain, Justice Rachel Pepper Session: Intensive September Classes: Aug 8 & 10-12 (9-5) Assessment: 4000wd paper on a practical task/topic (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit focuses on litigation as a tool for resolving environmental disputes. The unit examines different types of environmental litigation and issues that can arise in litigation processes. Candidates will develop an understanding of the characteristics of environmental litigation, the advantages and limitations of different types of proceedings, and the range of outcomes that are possible for environmental litigation. The topics include litigation strategies, procedure and evidence, defensive actions (ie SLAPP litigation), and the outcomes of litigation. Reference will be made to recent cases, such as in the field of climate change, to illustrate the topics.
LAWS6342 Environmental Markets
This unit of study is not available in 2020
Credit points: 6 Teacher/Coordinator: Dr Kate Owens Session: Intensive April Classes: Mar 15, 16 and 22, 23 (9-5) Assessment: class participation (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
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.
LAWS6048 Explaining Crime
Credit points: 6 Teacher/Coordinator: Ms Jennifer Bargen Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class presentation (10%), assignment (30%), and 3500-4000wd essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for MCrim and GradDipCrim students and co-requisite for other criminology elective units.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines the relevance of theory to the process of explaining crime as a social phenomenon. It will selectively analyse the history of criminological thought. Special attention will be given to the cross-disciplinary nature of efforts to understand crime, criminality and their causes. A significant section of the unit will deal with contemporary approaches to criminological explanation including the influence of feminism and postmodernism. Contemporary theorists such as Foucault, Garland and Braithwaite will also be considered. The unit will endeavour to make explicit the links between criminological theory and the development of public policy.
LAWS6970 Forensic Psychology
Credit points: 6 Teacher/Coordinator: Dr H Paterson, Dr Celine Van Golde Session: Semester 1 Classes: 1x2-hr lecture/week Prohibitions: PSYC1001 or PSYC3020 Assessment: class participation (10%), 3500-4000wd essay (40%) and 2hr exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Forensic psychology is the application of psychological knowledge and theories to all aspects of the criminal and civil justice systems. It is currently one of the fastest developing and most popular aspects of psychology. In this unit we will draw upon psychological evidence to explain and understand some of the people and processes involved in the legal system. Through a series of interactive seminars we will discuss topics such as lie detection, profiling, interviewing, jury deliberation, eyewitness memory, criminal offenders, victims of crime, and police officers.
JURS6019 Freedom of Speech
Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Intensive September Classes: Aug 14, 15 & Sep 18, 19 (9-5) Assessment: class participation (20%), class presentation (20%) and 5000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Freedom of speech is among the most hotly discussed constitutional rights in a liberal democratic state. This unit of study will aimed at clarifying some of the fundamental conceptual and normative foundations of that freedoms, always against the background of specific legal rules, cases and controversies in Australia and around the world. It will consider such issues as the fundamental justifications (rationales) for freedom of speech, the idea of 'content neutrality' and 'viewpoint neutrality' of speech restrictions, the distinction between speech and conduct, etc. It will also look, more specifically, at such controversial issues as restrictions on racial vilification, obscenity, political communication, freedom of speech in cyberspace, and defaming speech. The last part of the unit of study will focus on relationship between freedom of speech and freedom of religion.
LAWS6187 Functional Analysis of Law and Soc Control
Credit points: 6 Teacher/Coordinator: Assoc Prof Alex Ziegert Session: Intensive April Classes: Mar 20, 21 & 27, 28 (9-5) Assessment: 1000wd research note (30%) and 7000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines the largely diffuse concepts of social control and the functions of law and proposes a more specific approach to legal theory which incorporates the latest findings of socio-legal research on the social effects of law. As a result of this discussion, a more specific concept of social control and an explanatory assessment of the social effects of law, including its political use, are presented with their theoretical implications for legal and political systems and applied, as examples, to historically and societally varied situations.
LAWS6810 Fundamentals of Corporate Law
Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Intensive March Classes: Mar 9-12 (9-4) Prohibitions: LAWS2014 or LAWS5014 or Students who have undertaken the equivalent of Corporations Law in Australia within the last 5 years. Assessment: class participation (10%), class presentation (10%), short essay question (25%) and take-home exam (55%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
Redmond, Corporations and Financial Markets Law: Commentary and Materials (7th edition, 2017)
LAWS6330 Fundamentals of Regulation
Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve Session: Intensive September Classes: Intro Class: Aug 31 (6-8), then Sep 3, 4 & Oct 8, 9 (9-4) Assessment: (i) Compulsory assessments: class participation (10%) and online participation (10%) and (ii) Optional assessments (total 80%). Choose from a combination of the following optional assessments: class presentation (20%), short response question (20%), problem question (40%), 5000wd essay (60%) or 7000wd essay (80%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6334 Gender Inequality and Development
Credit points: 6 Teacher/Coordinator: Dr Jeni Klugman Session: Intensive March Classes: Mar 2-5 (9-5) Assessment: class participation (10%), presentation (40%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit is set up around a series of major policy questions central to the gender equality agenda, and linked to the post 2015 international development debates. Following an overview session about global and regional patterns, the unit will tackle a series of major policy challenges in turn, concluding with an examination of major global proposals. The unit will go beyond gender inequality in the labour market to explore patterns of violence and political participation, and the role of quotas, including on corporate boards, among others. Links to legal reform and human rights will be explored. Students will be asked to work on a specific policy challenge, applying and developing the findings discussed in class and in the readings. The unit is designed to facilitate student questioning, engagement and participation. No specific textbook is prescribed. There will normally be 2 to 3 required readings for each day, a paper and/or book chapters and additional readings for greater depth.
LAWS6964 Global Energy and Resources Law
Credit points: 6 Teacher/Coordinator: Dr Penny Crossley Session: Intensive September Classes: Aug 27, 28 & Sept 3, 4 (9-5) Assessment: Option 1: take-home exam (70%) and optional essay or problem question (30%) or Option 2: take-home exam (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6920 Global Health Law
Credit points: 6 Teacher/Coordinator: Prof James G Hodge Session: Intensive July Classes: Jul 6-10 (Daytime) Assessment: Option 1: 7000wd essay (80%) and simulation participation and contribution (20%) or Option 2: 4000wd essay (50%), simulation participation and contribution (20%) and assignment (30%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
Today, domestic health and global health are recognized as intertwined and inseparable. The determinants of health (e.g. pathogens, air, water, goods, and lifestyle choices) are increasingly international in origin, expanding the need for health governance structures that transcend traditional and increasingly inadequate national approaches. In this unit, students will gain an in-depth understanding of global health law through careful examination of the major contemporary problems in global health, the principal international legal instruments governing global health, the principal international organizations, and innovative solutions for global health governance in the 21st Century. Class sessions will consist of a combination of lecture and interactive discussion, culminating in a global health law simulation. The class will cover naturally occurring infectious diseases (e.g. extensively drug resistant tuberculosis, malaria, Zika virus, and HIV/AIDS), past (e.g., SARS, influenza A H1N1 and Ebola) and future (e.g., Influenza pandemics), bioterrorism events (e.g., anthrax or smallpox), and/or major chronic diseases caused by modern lifestyles (e.g., obesity or tobacco use).
Textbooks
Lawrence O. Gostin, Global Health Law (March 2014) available from Harvard University Press or Amazon.com
LAWS6933 Global Oil and Gas Contracts and Issues
Credit points: 6 Teacher/Coordinator: Prof Owen Anderson, Prof John Lowe Session: Intensive June Classes: May 11-14 (9-5) Assessment: Option 1: memorandum of advice (20%) and assignment (80%) or Option 2: assignment (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6214 Goods and Services Tax Principles A
Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar Session: Intensive April Classes: Mar 11-13 & 16, 17 (9-4) Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. Assessment: class work/test (35%) and 2hr exam (65%). A research essay may be undertaken in lieu of the exam with the permission of the Unit Coordinator. Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6052 Govt Regulation, Health Policy and Ethics
Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive October Classes: Sep 24, 25 & Oct 15, 16 (9-5) Assessment: class presentation (20%) and 7000wd essay (80%) Mode of delivery: Block mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines government regulation of health care and professional practice. With regard to each area of government decision-making, issues are analysed by reference to the interplay between social goals, human rights, legal rights and ethical considerations. Topics covered include the constitutional and statutory sources of government power with respect to health care: regulatory models and reform of public health legislation; therapeutic goods administration; health insurance; pharmaceutical benefits and the pharmacy industry; human tissue legislation; discipline of health professionals with a focus on the National Law; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.
LAWS6054 Health Care and Professional Liability
Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive April Classes: Mar 26, 27 & Apr 2, 3 (9-5) Assessment: class presentation (20%) and assignment or 7000wd essay (80%) Mode of delivery: Block mode
Note: Core unit for GradDipHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.
LAWS6846 Human Rights and the Global Economy
Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Intensive November Classes: Oct 16, 17 & 23, 24 (9-5) Prohibitions: LAWS5178 or LAWS3478 Assessment: class participation (20%) and 7000wd essay (80%) Mode of delivery: Block mode
Note: Master of Law and International Development students may undertake this unit as an elective or capstone unit.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6159 Insolvency Law
Credit points: 6 Teacher/Coordinator: Mr Lindsay Powers Session: Intensive October Classes: Sep 25, 26 & Oct 9, 10 (9-5) Prohibitions: CLAW6006 or LAWS3403 or LAWS3445 or LAWS5103 Assumed knowledge: undergraduate law degree with good background in Australian corporate law Assessment: assignment (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6882 Insurance Contract Law
Credit points: 6 Teacher/Coordinator: Prof Robert Merkin QC Session: Intensive October Classes: Sep 11, 12 & 18, 19 (9-5) Assumed knowledge: undergraduate law degree or LAWS6991 Assessment: 2000wd case note (30%) and assignment or 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
Latest edition of Ian Enright, Rob Merkin and Michael Kirby, Sutton's Law of Insurance in Australia; Peter Mann, Annotated Insurance Contracts Act 1984; Greg Pynt, Insurance Law, A First Primer.
LAWS6059 International Business Law
Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath (Coordinator), Prof Luke Nottage Session: Intensive October Classes: Sep 18, 19 & 25, 26 (9-5) Prohibitions: LAWS3438 or LAWS5138 Assumed knowledge: Students who do not hold a law degree from a common or civil law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit. Assessment: 3500wd essay (50%) and 1.5hr exam (50%) or 3hr exam (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
Burnett and Bath, Law of International Business in Australasia (Federation press, 2009)
LAWS6060 International Commercial Arbitration
Credit points: 6 Teacher/Coordinator: Prof Chester Brown, Prof Luke Nottage Session: Intensive June Classes: May 14, 15 & 21, 22 (9-5) Prohibitions: LAWS3437 or LAWS5137 Assessment: Option 1: 4000wd essay (50%) and 1.5hr exam (50%) or Option 2: 3hr exam (100%) Mode of delivery: Block mode
Note: This is available as one of the core units for GradDipIntBusLaw students.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6219 International Criminal Law
Credit points: 6 Teacher/Coordinator: Dr Rosemary Grey Session: Semester 2 Classes: 1x2-hr lecture/week Prohibitions: LAWS6896 Assessment: class participation (15%), 3000wd essay including a 10 minute viva voce exam (35%) and 2hr open book exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
International criminal law concerns the prosecution of individuals, mostly military and political leaders, for genocide, war crimes, crimes against humanity and aggression. After being first enforced in the Nuremberg and Tokyo tribunals after World War II, international criminal law has experienced a resurgence in the past twenty-five years. Today, trials under international criminal law are underway at the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia, and the mechanism that is finishing cases that began in the international criminal tribunals for Rwanda and the former Yugoslavia.
This unit provides a foundational knowledge of the principles of international criminal law, with reference to both historic and ongoing trials. Students will consider the roles of investigators, prosecutors, victims, lawyers, defence, judges, and States in international criminal justice, and will consider controversies and challenges facing international criminal courts and tribunals today.
The elements of genocide, war crimes, crimes against humanity, modes of liability and defences will be covered, with case studies on sexual violence crimes and the use of child soldiers. The unit also considers the interaction between the International Criminal Court, national governments, and the United Nations Security Council.
This unit provides a foundational knowledge of the principles of international criminal law, with reference to both historic and ongoing trials. Students will consider the roles of investigators, prosecutors, victims, lawyers, defence, judges, and States in international criminal justice, and will consider controversies and challenges facing international criminal courts and tribunals today.
The elements of genocide, war crimes, crimes against humanity, modes of liability and defences will be covered, with case studies on sexual violence crimes and the use of child soldiers. The unit also considers the interaction between the International Criminal Court, national governments, and the United Nations Security Council.
LAWS6865 International Dispute Resolution
Credit points: 6 Teacher/Coordinator: Dr James Devaney Session: Intensive September Classes: Aug 12, 13 & 18, 19 (9-5) Prohibitions: LAWS6202 Assessment: take-home exam (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6061 International Environmental Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Intensive April Classes: Mar 20, 21 & 27, 28 (9-5) Assessment: compulsory in-class practical assessment (40%) and assignment (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.
LAWS6161 International Human Rights
Credit points: 6 Teacher/Coordinator: Assoc Prof Jacqueline Mowbray Session: Semester 2 Classes: 1x2-hr lecture/week Prohibitions: GOVT6117 Assessment: 2000wd assignment (30%) and 5000wd essay (70%) or 7000wd (100%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Available to MLLR students who commenced after Jan 2015.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit introduces students to the principles and practice of international human rights law - a field of public international law and policy of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: what happens when we regard a situation or predicament as one involving a breach of international human rights law - what possibilities and problems does this entail? Addressing this question, students in this unit will examine: (a) forums where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure. By the end of this unit, students should be able to formulate written and oral arguments by reference to key international human rights law instruments and principles; give strategic advice as to available avenues of recourse in international human rights law; and advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field.
LAWS6218 International Humanitarian Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Emily Crawford Session: Intensive October Classes: Sep 11, 12 & 18, 19 (9-5) Prohibitions: LAWS3483 or LAWS5183 Assessment: class participation (10%), class presentation (10%), essay plan (20%) and 6000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
How to limit and regulate violence in times of war or armed conflict is one of the most pressing challenges for international law. This unit introduces you to the principles and practices of international humanitarian law ('IHL'), also known as the laws of war or the law of armed conflict, including treaty law and customary international humanitarian law. This unit explores: the origins, purposes, sources and critiques of IHL; its scope of application (spatial, temporal and personal); the different types and thresholds of conflict (including international, non-international and 'transnational' conflicts); the status and treatment of combatants and non-combatants and other categories (such as spies, 'unlawful combatants' and 'terrorists'); the permissible means and methods of warfare (including the principles of distinction and proportionality, and prohibitions and restrictions on certain weapons such as chemical, biological and nuclear weapons); the difference in rules governing international armed conflicts (IACs) and those governing non-international armed conflicts (NIACs); the relationship between international human rights law and IHL; and the relationship between the international terrorism suppression regime and IHL.
LAWS6916 International Investment Law
Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Intensive March Classes: Mar 3, 4 & 10, 11 (9-5) Assessment: 6000wd essay (70%) and assignment (30%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit introduces students to the international regulation of foreign investment. It examines core principles of international investment law, regional and bilateral investment treaties, the settlement of investment disputes, and the international economic and political context in which the law has developed. The unit considers the origins and evolution of international investment law through to the recent formation of the current international legal framework for foreign investment through bilateral and regional investment treaties. It examines the substantive standards of protection contained within investment treaties (such as the fair and equitable treatment standard, and the prohibition on expropriation without compensation), recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment treaty arbitration under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. It also examines recent developments including the negotiation of mega-regional trade and investment agreements, such as the Trans-Pacific Partnership Agreement and the negotiations towards the Transatlantic Trade and Investment Partnership.
LAWS6343 International Law and Technology
Credit points: 6 Teacher/Coordinator: Dr Rebecca Connolly Session: Intensive November Classes: Oct 28-31 (9-5) Assessment: class participation (10%), class presentation (20%) and 7000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Advances in technology pose new challenges for international governance. In an increasingly inter-connected world, new technology raises legal issues relating to its use, distribution and control. This unit will focus on the response of the international community to technological progress across the different specialised regimes in international law. The unit will commence with an overview of the framework of international law and international courts and the challenges relating to the regulation of new technology. This unit will then consider the intersection of technology and key specialised regimes in international law, focusing on Trade, Environment, Law of the Sea, Health, Crime, Use of Armed Force and Intellectual Property Rights. The unit will be taught using case studies, allowing students to discuss and analyse specific examples of new technology and international regulation.
LAWS6243 International Law I
Credit points: 6 Teacher/Coordinator: Dr Alison Pert Session: Intensive March,Semester 2 Classes: S1CIMR (Group A): Mar 6, 7 & 13, 14 (9-5) and S2C (Group B): 1x2-hr lecture/week Prohibitions: LAWS1023 or LAWS5005 Assessment: 5000wd essay (60%) and assignment (40%) Mode of delivery: Block mode
Note: This unit is compulsory for MIL and GradDipIntLaw students who have not completed any previous study in international law and must be taken during the first semester of candidature. This unit is not available to MLawIntDev students who have been granted a reduced volume of learning. This unit is available as one of the core units for GradDipIntBusLaw students.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6167 International Law II
Credit points: 6 Teacher/Coordinator: Dr Alison Pert Session: Intensive September Classes: Aug 14, 15 & 21, 22 (9-5) Assumed knowledge: LAWS6243 Assessment: 5000wd essay (60%) and assignment (40%) Mode of delivery: Block mode
Note: Compulsory core unit for MIL and GradDipIntLaw students who commenced prior to 1 January 2019.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study consolidates and builds upon knowledge gained in LAWS6243 International Law I. The relationship between international law and domestic law is explored in depth, both in a comparative perspective and with reference to the impact of international law on Australian law and legal institutions. The unit also addresses specialist topics not covered, or only briefly covered, in LAWS6243 International Law I, which may include a more detailed examination of the limits of state jurisdiction, the role of the individual in international law, international human rights, and the right of states to respond to international wrongs. Other topics of current interest in public international law will also be examined, with students given an appreciation of the role and relevance of international law in major events in contemporary international affairs.
LAWS6062 International Law-the Use of Armed Force
Credit points: 6 Teacher/Coordinator: Dr Alison Pert Session: Intensive November Classes: Oct 9, 10 & 16, 17 (9-5) Prohibitions: LAWS3483 or LAWS5183 Assessment: 3000wd problem question (40%) and 5000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The objectives of this unit are to understand and gain a sound knowledge of the legal principles and rules governing the resort to armed force by States; be able to analyse a complex factual situation, recognise the issues arising, and determine the international legal rights and responsibilities of the parties involved; and gain awareness and understanding of current issues relating to the use of force and United Nations practice in matters affecting international peace and security. The course looks at the legal principles and rules governing the resort to force by States; operation of the relevant provisions of the United Nations Charter dealing with the use of force, self-defence and collective security; relevant state practice in interpreting the UN Charter; the legal issues arising from the use of force against terrorism; the "Bush Doctrine" of pre-emptive self-defence and its legality under international law; legality of the use of force to assist rebels; the role of the United Nations in peace-building, peace-making, peace-keeping, and peace enforcement; and the legal issues arising from humanitarian intervention and the emerging principle of the responsibility to protect. This unit does not cover the law regulating the conduct of armed conflict (jus in bello), which is the subject of the separate unit LAWS6218 International Humanitarian Law.
LAWS6138 Internatl Fin Transactions: Law and Prac
Credit points: 6 Teacher/Coordinator: Mr Jan Job de Vries Robbé Session: Intensive March Classes: Mar 9, 10 & 12, 13 (9-4) Assessment: class participation (15%) and 8000wd essay (85%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
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.
LAWS6326 Interpretation of Statutes and Other Texts
Credit points: 6 Teacher/Coordinator: Ms Chloe Burnett Session: Intensive November Classes: Oct 21-23 & 26, 27 (9-4) Assessment: assignment (30%) and take-home exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6825 Introduction to Australian Business Tax
Credit points: 6 Teacher/Coordinator: Intensive March S1CIMR (Group A): Prof Graeme Cooper and Intensive September S2CISE (Group B): Assoc Prof Celeste Black Session: Intensive March,Intensive September Classes: Intensive March S1CIMR (Group A): Mar 4-6 & 9, 10 (9-3.30) and Intensive September S2CISE (Group B): Aug 12-14, 17-18 (10-5) Assessment: class work/test (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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 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.
Textbooks
Cooper, Dirkis, Stewart & Vann, Income Taxation: Commentary & Materials (Thomson Reuters) [current edition]
LAWS6879 Japanese Law
Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Intensive March Classes: Intro Class: Jan 28 (5-7) in Sydney then Feb 3-7 in Kyoto and/or Feb 10 & 12 in Tokyo (select 4 days) Assessment: 1000wd reflective notes (2x10%), 7000wd essay (80%) Practical field work: Kyoto (and, with pre-approval, Tokyo), Japan Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students may also substitute one or two days from Feb 12 and 13 in Tokyo. Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
This unit provides an introduction to Japanese law in global context, focusing on its interaction with civil justice, criminal justice, business, politics, consumers, gender, the legal professions and pop culture. It is taught intensively at Ritsumeikan University campuses in Kyoto and Tokyo (http://www.ritsumei.ac.jp/japanese-law/kyoto-seminar/). Students are encouraged to take all classes taught in Kyoto (24 hours), but can also substitute up to 12 hours of classes taught in Tokyo (with more of a business law focus) subject to pre-approval by the Coordinator. Lecturers include academics from Ritsumeikan and other leading Japanese universities, as well as from Australia (especially from The University of Sydney, Queensland University of Technology and Western Australia), with guest lectures by prominent practitioners and a field study to a local bar association and/or the courts. Students will also interact with participants from Japanese, Australian and other universities or institutions taking this unit, supported by the Australian Network for Japanese Law (sydney.edu.au/law/anjel).
LAWS6068 Judicial Review-P'ciple, Pol and Procedure
Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Intensive September Classes: Aug 14, 15 & Sep 11, 12 (9-5) Assessment: Option 1: 2x3750wd essays (100%) or Option 2: 7500wd essay (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides a specialised and thematic account of judicial review as one means for making the executive branch of government accountable. It aims to develop an understanding of trends reflected in principles relating to justiciability, standing to seek review, excess of power and abuse of power, and procedural fairness. A critical evaluation of the policy choices which account for development of common law principles is encouraged. The procedures and remedial powers available under statutes which reform the procedure for gaining judicial review are examined, with judicial and administrative procedure compared. A consistent theme is the development of a critical appreciation of the proper relationship between the judicial and executive branches of government.
LAWS6071 Labour Law
Credit points: 6 Teacher/Coordinator: Ms Kate Peterson Session: Intensive April Classes: Intro Class: Mar 10 (6-8) then Mar 27, 28 & Apr 17, 18 (9-5) Prohibitions: LAWS5146 Assumed knowledge: MLLR students must either have a law degree or 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: 1500wd assignment (20%) and assignment (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.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
Textbooks
A Stewart, A Forsyth, M Irving, R Johnstone and S McCrystal, Creighton and Stewart's Labour Law, 6th ed, Federation Press, Sydney, 2016
LAWS6816 Labour Law in the Global Economy
Credit points: 6 Teacher/Coordinator: Prof Emanuele Menegatti Session: Intensive March Classes: Mar 6, 7 & 20, 21 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: class presentation (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6932 Law and Investment in Asia
Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (Coordinator), Prof Vivienne Bath Session: Intensive April Classes: Mar 20, 21 & 27, 28 (9-5) Assessment: assignment (40%) and 5000wd essay (60%) or 8000wd essay (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6047 Law of the Sea
Credit points: 6 Teacher/Coordinator: Prof Tim Stephens Session: Intensive September Classes: Aug 20, 21 & 27, 28 (9-5) Assessment: 5000wd essay (60%) and take-home exam (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Covering two-thirds of the world's surface the ocean provides a range of indispensable public goods including fisheries and non-living resources and is a vital conduit for international trade. The international law of the sea regulates access to and use of the oceans, and this unit reviews the major areas of this area of international law as they have developed over the centuries. It takes as its focus the 'constitution' of the oceans - the 1982 UN Convention on the Law of the Sea. Each of the major maritime zones is assessed, and there is also a review of key sectoral issues, including the protection of the marine environment, fisheries management, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference is made to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6848 Law, Business and Healthy Lifestyles
Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Intensive April Classes: Intro Class: Mar 2 (6-8) then Mar 12, 13 & Apr 20, 21 (9-5) Assessment: Option 1: one short response question (20%) and 6000wd essay (80%) or Option 2: one short response question (20%), 3000-3500wd essay (40%) and one take-home exam question (40%) or Option 3: one short response question (20%) and two 3000-3500wd essays (80%) Mode of delivery: Block mode
Note: For 2020 only, this unit will be a substitute for the MHL core units, LAWS6058 Information Rights in Health Care or LAWS6839 Critical Issues in Public Health Law.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit is about legal and regulatory responses to tobacco use, obesity, poor diet, harmful use of alcohol and sedentary lifestyle - the leading causes of preventable disease in Australia, in high-income countries generally, and increasingly, in developing economies. Cancer, heart disease, stroke, diabetes and tobacco-related diseases (known as 'non-communicable diseases' or NCDs) are society's greatest killers. But what can law do - and what should law be doing - to prevent them? Unlike other health threats, NCDs and their risk factors are partly caused by consumer choices that are lived out every day across the country. The challenge of encouraging healthier lifestyles cannot be separated, then, from the regulation of the businesses that all too often have a vested interest in unhealthy lifestyles. Law's relationship with smoking, alcohol and food is complex and contested. Nevertheless, governments around the world are experimenting with a wide range of legal strategies to encourage healthier lifestyles. This unit will focus on developments in Australia and the United States, placing legal developments in these countries in an international context. During the course, we will confront some important over-arching questions. What are the global determinants of NCDs, and to what extent are global solutions needed? What do global solutions look like? To what extent should law intervene to influence the behaviour of populations-as distinct from treating lifestyle-related risk factors as the personal responsibility of each individual? Does a regulatory approach to the prevention of NCDs imply coercion? Does it signal the emergence of the 'nanny state'? Does progress depend on motivating people to consciously improve their habits and lifestyles? Is it possible to regulate business without micro-managing or dictating commercial decisions and 'legislating the recipe for tomato ketchup?' Throughout the unit, students will be encouraged to explore the tension between personal responsibility and freedom, and the broader public interest in a healthy population and a productive economy. Key topics include: Frameworks for thinking about law, and environments that support healthier lifestyles; Global health governance and the prevention of non-communicable diseases; Tobacco control: where to from here? Personal responsibility for health, and law's role; Regulating alcohol; Obesity prevention; and Law's role in improving diet and nutrition, and encouraging active living.
LAWS6928 Law, Justice and Development
Credit points: 6 Teacher/Coordinator: Adj Prof Livingston Armytage Session: Intensive June Classes: May 8, 9 & 15, 16 (9-5) Prohibitions: LAWS3478 or LAWS5178 Assessment: class participation (10%), journal (10%) and 2x3000wd essays (2x40%) Mode of delivery: Block mode
Note: This unit is compulsory for MLawIntDev students. Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
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.
LAWS6251 Legal Issues in Digital Trade
Credit points: 6 Teacher/Coordinator: Assoc Prof Jeanne Huang Session: Intensive June Classes: May 15, 16 & 22, 23 (9-5) Assessment: take-home exam (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6252 Legal Reasoning and the Common Law System
Credit points: 6 Teacher/Coordinator: Ms Jennifer Clarke Session: Intensive April,Intensive August,Intensive March,Intensive September Classes: Intensive March S1CIMR (Group A): Feb 24, 25 & 27, 28 (9-5); Intensive April S1CIAP (Group B): Mar 16, 17 & 23, 24 (9-5); Intensive August S2CIAU (Group C): Aug 3, 4 & 6, 7 (9-5) or Intensive September S2CISE (Group D): Aug 24, 25 & Aug 31, Sep 1 (9-5) Prohibitions: LAWS6881 and law graduates from a common law jurisdiction Assessment: in-class test (30%) and assignment (70%) Mode of delivery: Block mode
Note: This unit must be completed prior to commencing other elective units. It is important 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 undertake this unit. If you have missed the enrolment deadline or unable to enrol in the unit in Sydney Student https://sydneystudent.sydney.edu.au/sitsvision/wrd/SIW_LGN, please contact law.postgraduate@sydney.edu.au.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6341 Media Law: Comparative Perspectives
Credit points: 6 Teacher/Coordinator: Prof David Rolph Session: Intensive July Classes: Jul 6-10 (9-5) Assessment: 2000wd casenote (30%) and 7000wd essay (70%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
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.
Textbooks
Rolph, Vitins, Bannister and Joyce, Media Law: Cases, Materials and Commentary, 2nd ed., Oxford University Press, South Melbourne, 2015
LAWS6821 Mediation - Skills and Theory
Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin, Mr Garth Brown Session: Intensive December Classes: Nov 6, 7 & Dec 4, 5 (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: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma. 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.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
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.
Textbooks
Tania Sourdin, Alternative Dispute Resolution (5th ed) 2016 Thomson Reuters
LAWS6877 Mental Illness: Law and Policy
Credit points: 6 Teacher/Coordinator: Dr Emma Barrett, Dr Sascha Callaghan Session: Intensive September Classes: Aug 17, 18 & Sep 7, 8 (9-5) Assessment: 3000wd assignment (40%) and 4500wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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 May Classes: May 1, 2 & 8, 9 (9-4) Assessment: classs participation (10%) and assignment (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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 is one of our 2018 international visiting faculty, Umakanth Varottil, who is Associate Professor at the National University of Singapore.
LAWS6308 Philosophy of Law
Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Intensive August Classes: Jul 23-29 Assessment: Pre-class reaction note (20%), class participation (20%) and take-home exam (60%). Attendance at all classes is compulsory. Students will not be eligible to submit their exam unless they have attended all classes (except in the case of serious illness or misadventure). Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
The main objective of this unit is to provide a critical understanding of the fundamental principles of legal theory and philosophy of law. The unit will discuss, in particular, the concept of law, the notions of obligation, authority, and legitimacy of law; the main theories of legal interpretation; the special role of the concept of "rights" in legal theory, and the principles determining the moral limits of legal coercion.
LAWS6197 Policing: Crime, Control and Security
Credit points: 6 Teacher/Coordinator: Prof Murray Lee Session: Intensive March Classes: Mar 6, 7 & 20, 21 (9-5) Assessment: class discussion leadership (20%), essay (50%) and group scenario exercise (30%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit critically examines the power relations that are policing (public and private). It recognizes and builds upon the essential and often problematic role of policing in crime control and security. Major aspects of police work and the discretion on which it depends, are analysed in order to understand the dynamics of social control in an age of risk and security.
LAWS6065 Pollution, Corporate Liability and Govern
Credit points: 6 Teacher/Coordinator: Dr Kate Owens (Coordinator), Ms Belinda Rayment Session: Intensive June Classes: May 22, 23 & 29, 30 (9-5) Assessment: class participation (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit of study is to provide an introduction to the framework, concepts, sources and techniques of pollution control law and corporate environmental liability. The history and framework of international laws regulating pollution will be examined before exploring a range of legal and regulatory measures for pollution control and corporate environmental liability at both the Commonwealth level and within New South Wales. An overarching theme will be the need for effectiveness in implementation and enforcement of pollution control and governance measures that have been developed to prevent harm and promote ecologically sustainable development.
LAWS6836 Precedent, Interpretation and Probability
Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Birch Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: structured class presentation (20%) and 7000wd essay (80%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit will examine a number of contemporary debates regarding the nature of legal reasoning. The unit will examine the status of the modern doctrine of precedent and the current state of the Hart/Dworkin/Fish debate in regard to the nature of precedential reasoning. The unit will examine contemporary semantic theory and philosophy of language, and the contribution those fields can make to a proper understanding of the interpretation of legal texts. The unit will also examine the relationship between legal reasoning and moral reasoning and the new legal positivism of writers such as Goldsworthy and Shapiro. In a final segment, the unit will examine legal reasoning in regard to matters of fact, and the current debate as to whether legal fact finding can be modelled using Bayes' theorem and probability theory.
LAWS6345 Principles of Financial Regulation
Credit points: 6 Teacher/Coordinator: Prof John Armour Session: Intensive April Classes: Mar 26, 27 & 30, 31 (9-5) Assessment: class participation (10%) and take-home exam (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6990 Principles of Oil and Gas Law
Credit points: 6 Teacher/Coordinator: Dr Penelope Crossley Session: Intensive July Classes: Jun 26-Jul 1 (9-5) Assessment: Option 1: take-home exam (70%) and essay or problem question (30%) or Option 2: take-home exam (100%) Practical field work: Sydney Law School in Europe Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students enrolled in the MIL and GradDipIL may undertake either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both.
Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
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.
LAWS6359 Property and Environment
Credit points: 6 Teacher/Coordinator: Assoc Prof Nicole Graham Session: Intensive November Classes: oct 9, 10 and 16, 17 (9-5) Assessment: 4 x small in-class tests, class presentation (20%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Property and Environment explores the intersection between property and the environment manifest in select Australian case law through the lens of several environmental resources and services including water, biodiversity, coal and land. Taking land-clearing, coastal erosion, mining and irrigated agriculture as case studies, we examine both the theoretical and practical dimensions of this intersection. The unit considers the philosophies of law and property underpinning different models of ownership of land and natural resources. It also addresses the geographical relationship between property laws and environmental change. The unit is interdisciplinary in scope and students are encouraged to synthesise material and perspectives from diverse sources and cultures. From this broad perspective, students are invited to select one issue identified in the subject material through which they can develop their research skills culminating in a major research essay.
LAWS6257 Public Policy
Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Intensive September Classes: Sep 3, 4 & 10, 11 (10-5) Prohibitions: LAWS6139 or LAWS6042 or LAWS6113 or LAWS6984 or LAWS3447 or LAWS5147 Assessment: 1000wd essay (10%), class presentation (10%) and 5000-7000wd essay (80%) Mode of delivery: Block mode
Note: Core unit for MALP students.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6198 Refugee Law
Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Intensive October Classes: Sep 17, 18 & 24, 25 (9-5) Assessment: class participation (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Refugee Law provides students with a practical and theoretical understanding of the development and operation of international refugee law, and forced migration more broadly. Forced migration is not a new phenomenon. What has changed over the last century is the scale and frequency of the conflagrations causing the mass movement of peoples and the ease with which individuals have become able to move around the world in search of protection. Although Australia's experience of direct refugee flows has been limited, it has not escaped the phenomenon of mobile refugees. Non-citizens who come uninvited and thereafter seek protection as refugees are the source of inordinate public concern and debate. The controversy arises in part from a sense of loss of control of immigration, and also from the cost of the processes available to asylum seekers fighting to remain here. Having signed and ratified the key international treaties, Australia has assumed certain international legal obligations with respect to refugees. The most important is the obligation not to return or 'refoule' a refugee to a place where she or he faces persecution on one of five grounds. This unit is designed to give students a critical understanding of the international legal regime of refugee protection. It begins with an overview of the evolution of refugee law at the international level, considering the various conceptualizations of refugeehood that have characterized international agreements from the period of the League of Nations through to the present day. The unit then turns to issues such as the definition of the term 'refugee' under international (and regional) law, the express exclusion of certain persons from refugee status, the rights and obligations accorded to refugees, the broadening of international protection through principles of human rights and humanitarian law ('complementary protection'), and the impact of terrorism on asylum procedures and eligibility. It considers attempts by States to restrict access to asylum through mechanisms such as carrier sanctions, interdiction, transit processing centres, detention, and 'safe third countries' to which asylum seekers may be removed. Contemporary protection concerns, such as mass influx situations and temporary protection, flight from generalized violence and civil war, internal displacement, burden-sharing, and the question of 'economic migrants' and 'environmental refugees', are also addressed. These considerations necessarily require an understanding of the role of international organizations such UNHCR, the mechanisms in place for refugee status determination and appeals in Australia and abroad, and the jurisprudence that has developed internationally and in Australia relating to the qualification and rights of asylum seekers, refugees and other persons in need of protection.
LAWS6317 Regulation of Corporate Crime
Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Intensive April Classes: Mar 30, 31 & Apr 1, 2 (9-4) Assumed knowledge: It is recommended that students have some knowledge of corporate law and criminal law and procedure or have had practical experience in these areas. Assessment: class participation (10%), 2500wd case study (35%), 5500wd essay (55%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6888 Risk, Fear and Insecurity
Credit points: 6 Teacher/Coordinator: Prof Murray Lee Session: Intensive June Classes: May 8, 9 & 22, 23 (9-5) Assessment: topic summary (compulsory but not assessed) and 3000wd essay (40%) and 4000wd policy assessment assignment (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit considers the significance of anxiety, 'fear of crime', risk and insecurity in the late modern world. It uses sophisticated analytical tools to discuss both the supposed growth in 'fear of crime' and the emergence of an array of technologies aimed at the reduction of crime risks. It also critically examines just what 'fear of crime' might actually be and how newspapers, security products, and insurance can be sold to us using the hook of our own anxieties. It also examines the anxieties related to terrorism and threats to national security and sovereignty.
Textbooks
Lee, M (2007) Inventing Fear of Crime, Willan, Devon
LAWS6247 Securities and Markets Regulation
Credit points: 6 Teacher/Coordinator: Adj Prof Justice Ashley Black Session: Intensive September Classes: Aug 10-13 (2-6) & Aug 14 (11-6) Assumed knowledge: Students should hold a law degree with good background in Australian corporate law. Assessment: class participation (10%) and 7000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6840 Tax of Business and Investment Income A
Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Intensive March,Semester 1,Semester 1a Classes: Law School Group (S1C): 1x2-hr lecture/week. First class starts on Feb 19, 8-10am. Please refer to the Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-homepage. Deloitte Sydney Group (S1CIMR) and Deloitte Regional Group (S1CRA), please refer to the Deloitte timetable. Law School students are not permitted to enrol into the Deloitte groups. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. Assessment: class work (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolmentin the following sessions:Intensive March,Semester 1a
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php
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.
LAWS6841 Tax of Business and Investment Income B
Credit points: 6 Teacher/Coordinator: Mr Micah Burch, Assoc Prof Celeste Black Session: Intensive September,Semester 2,Semester 2a Classes: Law School Group (S2C): 1x2-hr lecture/week. First class starts on Jul 29, 8-10am. Please refer to Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-homepage. Deloitte Sydney Group (S2CISE) and Deloitte Regional Group (S2CRA), please refer to the Deloitte timetable. Law School students are not permitted to enrol into the Deloitte groups. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. Assessment: class work (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolmentin the following sessions:Intensive September,Semester 2a
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php
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 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.
LAWS6177 Tax Treaties
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Semester 1 Classes: 2x2-hr lecture/week. Classes are held every Mon and Wed 6-8pm. First class commences on Mon 17 Feb and concludes on Wed 1 Apr 2020. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of LAWS6209 Australian International Taxation will provide students; without such knowledge or work experience; with additional knowledge and skills that will assist in successfully completing this unit. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6946 Tax Treaties Special Issues
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Intensive November Classes: Oct 14-16 & 19-20 (9-3.30) Assumed knowledge: As this is an advanced unit, it is assumed that students undertaking this unit have successfully completed LAWS6177 Tax Treaties Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6125 Taxation of Corporate Finance
Credit points: 6 Teacher/Coordinator: Mr Paul O'Donnell Session: Semester 1 Classes: 1x2-hr lecture/week. First class commences on starts Thu 20 Feb 2020. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax and LAWS6030 Corporate Taxation before enrolling in this unit. Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6244 Taxation of Corporate Groups
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Intensive October Classes: Sep 16-18 & 21-22 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6118 Taxation of Partnerships and Trusts
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Semester 2 Classes: 2x2-hr lecture/week. Classes are held every Mon and Thu 6-8pm. First class commences on Thu 23 Jul and concludes on Thu 10 Sep 2020. Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6336 Taxation of Real Property Transactions
This unit of study is not available in 2020
Credit points: 6 Teacher/Coordinator: Assoc Prof Celeste Black Session: Semester 2 Classes: 1x2-hr lecture/week. First class starts on Jul 30 (6-8pm). Assumed knowledge: It is assumed that students undertaking specified tax units have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian taxation law in a law or accounting practice, in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience, they first should undertake LAWS6825 Introduction to Australian Business Taxation before enrolling in this unit. Assessment: class assessment (30%) and take-home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/cpd/
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.
Textbooks
Thomson Reuters Fundamental Tax Legislation 2018 or equivalent
LAWS6338 The Nature of the Common Law
Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Intensive June Classes: May 22, 23 & 29, 30 (9-5) Assessment: Option 1: assignment (20%) and 7000wd essay (80%) or Option 2: 8000wd essay (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The common law is an essential part of the Australian legal system, as well as many others around the world. This unit of study examines the nature of the common law from the point of view of jurisprudence. We will begin with a survey of the classic Common Law Theories developed in England during the seventeenth century; from there, a variety of problems surrounding the common law which these theories made salient, and which still puzzle us today, will be examined. Topics include: the nature and authority of precedent, the distinctiveness of legal reasoning, the nature and questions surrounding the validity of customary law, the relation between the common law and the ideal of the rule of law, among others.
LAWS6316 Theories of the Judiciary
Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Intensive June Classes: May 8, 9 & 15, 16 (9-5) Assessment: class presentation (20%) and 7500wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The judge has long been an important legal actor in common law countries, but over the past several decades, there has been a rise in judicial power globally, with the proliferation of constitutional courts and the strengthening of judiciaries in countries around the world. This seminar will consider views in jurisprudence which examines the judge, the activity of judging, and the proper role of the judiciary within a legal system and a just society more generally. Among the goals of the seminar are to determine the nature of judicial obligation, how judges ought to decide cases, the arguments for and against judicial review, the role of the judiciary in establishing and maintaining the rule of law, and the relation between the business of courts, politics, and morality.
LAWS6123 Transfer Pricing in International Tax
Credit points: 6 Teacher/Coordinator: Ms Melissa Ogier Session: Intensive June Classes: May 20-22 & 25, 26 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of LAWS6209 Australian International Taxation will provide students; without such knowledge or work experience; with additional knowledge and skills that will assist in successfully completing this unit. Assessment: in-class test (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6109 UK International Taxation
Credit points: 6 Teacher/Coordinator: Prof Malcolm Gammie Session: Intensive October Classes: Sep 23-25 & 28-29 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: class assessment (20%) and take-home exam (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6171 US International Taxation
Credit points: 6 Teacher/Coordinator: Prof Ethan Yale Session: Intensive May Classes: Apr 29, 30 & May 1, 4 & 5 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law. Assessment: in-class assessment (30%) and 2hr exam (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6096 Work Health and Safety: Law and Policy
Credit points: 6 Teacher/Coordinator: Prof Richard Johnstone Session: Intensive September Classes: Sep 4, 5 & 18, 19 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 (MLLR students) Assessment: 4000wd essay (50%) and assignment (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined.
LAWS6305 Workplace Investigations
Credit points: 6 Teacher/Coordinator: Ms Kate Peterson Session: Intensive November Classes: Intro Class: Sep 22 (6-8) then Oct 16, 17 & 30, 31 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Labour Law (MLLR students) Assessment: class participation (15%), class presentation (15%) and assignment (70%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
Lawyers and HR/IR practitioners are increasingly required to deal with complaints of sexual harassment, bullying and discrimination, and address suspected misconduct such as Code of Conduct breaches, fraud/theft, and safety and other breaches. In order to take, and if necessary defend, disciplinary and other action, a proper factual and legal foundation must be established, through a workplace investigation. We also specifically consider how concepts of 'procedural fairness' and 'natural justice' impact a workplace investigation. The unit explores the various stages of a workplace investigation, including: (1) establishing the scope of the investigation and particularizing the alleged complaint or misconduct; (2) conducting interviews and gathering other information; (3) managing participants, including stand down/suspension; (4) evaluating information and making findings applying the relevant standard of proof and legal test(s); and (5) implementing investigation findings.
LAWS6063 World Trade Organization Law I
Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: Intensive April Classes: Mar 30, 31 & Apr 3, 4 (9-5.30) Prohibitions: LAWS3439 or LAWS5139 Assumed knowledge: limited knowledge of law of treaties Assessment: 3000 to 3500wd essay (40%) and take-home exam (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6249 World Trade Organization Law II
Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: Intensive September Classes: Aug 31, Sep 1 & Sep 4, 5 (9-5) Assessment: take-home exam (40%) and 5000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
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.
LAWS6192 Young People, Crime and the Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Garner Clancey Session: Intensive September Classes: Aug 28, 29 & Sep 25, 26 (9-5) Prohibitions: LAWS6069 Assessment: class presentation (10%), 3000wd essay (40%) and take-home exam (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit aims to provide a broad overview of the functioning of the juvenile justice system and its relationship to juvenile offending. There is a specific emphasis on NSW in terms of understanding the operation of a particular system, however reference is frequently made to the wider Australian and international context. The unit analyses the historical development of a separate system of juvenile justice and the system of ideas about juvenile delinquency as distinct entities separable from broader notions of criminality and criminal justice. The unit also analyses the contemporary nature of juvenile crime and specific issues in relation to offending, policing, community-based corrections and detention centres. Social relations which mediate between the juvenile justice system and young people will be investigated through a focus on gender, race and class. The broader political determinants surrounding the operation of the juvenile justice system and moral panics in relation to juvenile offending will also be examined. The unit aims to develop a critical understanding of the link between theory and juvenile justice policy, and to develop an appreciation of the multi-disciplinary nature of criminological explanation.
Master of Laws
The following units are only available to students undertaking the Master of Laws
LAWS6147 Independent Research Project
Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic staff member Session: Semester 1,Semester 2 Assessment: 8000 to 10,000wd research project (100%) due on 15 June (Semester 1) or 15 November (Semester 2) Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Applications close on 30 November (Semester 1) and 30 May (Semester 2). Applications should only be lodged after the completion of at least 24 credit points. Late applications may be accepted from those with incomplete results For further information, please visit https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects#research-projects or contact E: law.postgraduate@sydney.edu.au
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.
LAWS6182 Independent Research Project A
Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Corequisites: LAWS6183 Assessment: 15,000 to 20,000wd research project (100%) due on 15 June (Semester 1) or 15 November (Semester 2) of the final semester in which a student is enrolled in the research project Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Applications close on 30 November (Semester 1) and 30 May (Semester 2). Applications should only be lodged after the completion of at least 24 credit points. Late applications may be accepted from those with incomplete results. Students must complete both LAWS6182 and LAWS6183 within one or over two semesters. For further information, please visit https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects#research-projects or contact E: law.postgraduate@sydney.edu.au
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.
LAWS6183 Independent Research Project B
Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic staff member Session: Semester 1,Semester 2 Corequisites: LAWS6182 Assessment: 15,000 to 20,000wd research project (100%) due on 15 June (Semester 1) or 15 November (Semester 2) of the final semester in which a student is enrolled in the research project Mode of delivery: Supervision
Note: Department permission required for enrolment
Note: Applications close on 30 November (Semester 1) and 30 May (Semester 2). Applications should only be lodged after the completion of at least 24 credit points. Late applications may be accepted from those with incomplete results. Students must complete both LAWS6182 and LAWS6183 within one or over two semesters. For further information, please visit https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects#research-projects or contact E: law.postgraduate@sydney.edu.au.
Please refer to LAWS6182 Independent Research Project A.