Business Law
Unit outlines will be available through 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.
Not all units of study listed are offered in a given year. Please refer to the latest Sydney Law School lecture timetable.
Students are advised that given the current pandemic context, it may be necessary, at very short notice, to change unit of study details, including mode of delivery and assessment. Students should check unit of study details provided in the unit outline at the start of each unit of study and continue to check for any changes throughout the semester.
Business Law
Exemption from core units of study should not be assumed to be automatic. Formal approval must be obtained from the University of Sydney Law School prior to enrolment.
Master of Business Law
For the award of the Master of Business Law, students must complete 48 credit points from the table below, comprising:
(i) for students without a law background, 6 credit points of core units of study and 42 credit points of elective units of study; or
(ii) for students with a law background, 48 credit points of elective units of study.
Graduate Diploma of Business Law
For the award of the Graduate Diploma in Business Law, students must complete 24 credit points from the table below, comprising:
(i) for students without a law background, 6 credit points of core units of study and 18 credit points of elective units of study; or
(ii) for students with a law background, 24 credit points of elective units of study.
Core
Students without a law degree from a common law jurisdiction must undertake the unit below prior or concurrent to enrolling in other law units.
LAWS6252 Legal Reasoning and the Common Law System
Credit points: 6 Teacher/Coordinator: Assoc Prof Amelia Simpson Session: Intensive April,Intensive September,Semester 1a,Semester 2a Classes: Group A (S1a): Feb 21, 22 and 24, 25 (9-5), Group B (S1CIAP): Mar 14, 15 and 21, 22 (12-4.30) and Mar 29 and 31 (4.30-8.30), Group C (S2a): Aug 1, 2 and 4, 5 (9-5) and Group D (S2CISE): Aug 22, 23 and 29, 30 (12-4.30) and Sep 1 and 8 (4.30-8.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6881 Assessment: 1200wd 48hr take-home test (20%), 1200wd essay (20%) and 3600wd assignment (60%) Mode of delivery: Block mode
Note: Students must either have completed or be concurrently enrolled in this unit prior to commencing other law units of study. Law graduates from a non-common law jurisdiction are strongly recommended to undertake this unit. This unit is not available to students who have acquired a law degree from Australia or another common law jurisdiction. 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.
Electives
LAWS6008 Takeovers and Reconstructions
Credit points: 6 Teacher/Coordinator: Challis Lecturer Dr Robert P Austin Session: Semester 1 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: There are no prerequisite enrolment requirements. But students will be required to read and comprehend some technical material, including court judgments, Panel reasons for decisions, regulatory papers and academic literature. Assessment: 2 x class assignments (total 20%) and final assignment (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
This unit considers the Australian law and regulatory policies governing corporate control transactions. We examine the requirements for a successful acquisition by a bidder of 100% of the issued securities of a target corporation; why 100% ownership of the target is desirable; and how to achieve it if the bid falls short. We consider regulated takeover bids under Chapter 6 of the Corporations Act, and the available alternatives to a regulated bid, including members schemes of arrangement and other control-affecting transactions such as selective reductions of capital and share buy-backs. We also look at corporate control transactions from the targets point of view, considering the available defensive measures and how the law and regulatory policy impose limits on defensive strategies. We review the respective roles of the Takeovers Panel and courts. A special feature of this unit is the extensive experience in corporate control transactions that our team of lecturers will bring to the classroom, overseen by Dr Austin, a barrister and retired judge who is Challis Lecturer in Corporate Law.
LAWS6030 Corporate Taxation
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Semester 1a,Semester 1b Classes: Law School Group (Session S1b): Mar 30, 31, Apr 1 and Apr 4, 5 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies. Deloitte Group (Session S1a): 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: assignment (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.
LAWS6059 International Business Law
Credit points: 6 Teacher/Coordinator: Em Prof Gabriel Moens Session: Intensive November Classes: Oct 7, 8 and 21, 22 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: 4000wd 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 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
Bath and Moens, Law of International Business in Australasia (2nd ed, Federation Press 2019)
LAWS6060 International Commercial Arbitration
Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Intensive September Classes: Aug 17, 18 and 31 and Sep 1 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS3437 or LAWS5137 Assessment: 3000wd assignment (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
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.
LAWS6063 World Trade Organization Law I
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: Intensive September Classes: Sep 1-4 (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.
LAWS6091 Chinese International Taxation
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Jinyan Li Session: Intensive June Classes: May 10-14 and 17-21 (9-12) 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: Department permission required for enrolment
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.
LAWS6109 UK International Taxation
Credit points: 6 Teacher/Coordinator: Prof Malcolm Gammie Session: Semester 2b Classes: Sep 14-16 and 19, 20 (9-4.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law Assessment: class assignment (20%) and assignment (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 Australias 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.
LAWS6118 Taxation of Partnerships and Trusts
Credit points: 6 Teacher/Coordinator: Prof Richard Vann, Assoc Prof Celeste Black Session: Intensive August Classes: Classes are scheduled for every Tuesday and Thursday evening (6-8pm). The first class will commence on Tuesday 19 July and concludes on Tuesday 30 August. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: 1500wd in-semester test (30%) and 3000wd 2hr exam or 7500wd 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 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.
LAWS6123 Transfer Pricing in International Tax
Credit points: 6 Teacher/Coordinator: Ms Melissa Ogier Session: Intensive September Classes: Aug 31, Sep 1, 2 and 5, 6 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: 1000wd 1hr in-semester test (30%) and 3000wd 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 2017 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. In addition, the continuing work by the Inclusive Framework on the tax challenges arising from digitalisation continue to make this a dynamic area. Students will gain an understanding of the policy, and detailed application of transfer pricing rules within Australia and an understanding of the international framework.
LAWS6125 Taxation of Corporate Finance
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Mr Paul O'Donnell Session: Semester 1 Classes: 1x2-hr lecture/week 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: assignment (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.
LAWS6127 Taxation and Regulation of Superannuation
Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Semester 1 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: 3000wd assignment (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 offers a detailed examination of the regulatory and tax rules affecting the superannuation industry in Australia. The unit will analyse the statutory regulatory framework and the background rules of trust law, how they apply to different industry segments such as SMSFs, APRA regulated funds and constitutionally-protected funds, and how they affect issues such as fund structure and management, duties of trustees, benefit types, investment strategies, the resolution of disputes and so on. The unit will also consider in detail how the income tax, FBT and SGC regimes apply to amounts flowing into and out of the superannuation system (contributions, fund income and expenses, and benefits provided in various forms) for the various participants in the industry (employers, trustees, members, their dependents and estates, external providers). The unit will be taught through the analysis of a series of case studies discussed in detail in each seminar.
LAWS6128 Comparative International Taxation
Credit points: 6 Teacher/Coordinator: Prof Richard Vann (Coordinator), Prof Michael Dirkis Session: Intensive November Classes: Oct 26-28 and Oct 31 and Nov 1 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law Assessment: Option 1: 1500wd 1hr in-semester test (30%) and 3000wd 2hr final take-home exam (70%) or Option 2: 1500wd 1hr in-semester test (30%), 200wd capstone research essay proposal (ungraded) and 7000wd capstone research 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
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.
LAWS6138 Internatl Fin Transactions: Law and Prac
Credit points: 6 Teacher/Coordinator: Mr Jan Job de Vries Robb Session: Semester 1a Classes: Mar 6-9 and Mar 16-18 and 20 (6-9pm). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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 Robb, who is Manager of Legal Affairs and Compliance at the Dutch Development Bank FMO and has extensive experience in international finance.
LAWS6153 Comparative Corporate Taxation
Credit points: 6 Teacher/Coordinator: Prof Peter Harris Session: Intensive May Classes: Apr 19-22 and 26-29 (5-8). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law Assessment: 1500wd assignment (20%) and 3000wd final exam or 7500wd 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 contrasts the corporate tax systems of Australia, China, Germany and the US and will consider recent reform proposals.
LAWS6159 Insolvency Law
Credit points: 6 Teacher/Coordinator: Mr Lindsay Powers Session: Intensive June Classes: Apr 29, 30 and May 13, 14 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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 insolvent companies to be found in the 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, liquidation, receivership, voluntary administration, schemes of arrangement, restructuring and associated procedures together with 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 Personal Property Securities Act, 2009 is also analysed. The unit involves a significant component of statutory interpretation.
LAWS6177 Tax Treaties
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Semester 1b Classes: Apr 6-8 and 11, 12 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: 1500wd quiz (30%) and 3000wd 2hr exam or 7500 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 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.
LAWS6209 Australian International Taxation
Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Intensive March Classes: Feb 9-11 and 14-15 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: assignment (30%) and final assignment or 7000-10,000wd 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
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.
LAWS6214 Goods and Services Tax Principles A
Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar Session: Intensive April Classes: Mar 14, 15, 23 (12.30-4) and Mar 16, 17, 22 (9-4). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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 participation (10%), 3000wd assignment (40%) and 4000wd assignment (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
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.
LAWS6222 Corporate Governance
Credit points: 6 Teacher/Coordinator: Dr Ulysses Chiaotto Session: Semester 2b Classes: Sep 2, 3 and Oct 14, 15 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: structured class presentation (20%), 1400wd discussion board submissions (20%) and 3600wd 48hr 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 will explore a range of recent trends and issues in corporate governance including:- the link between corporate scandals and corporate law reform; the board and independent directors; principles-based versus rules-based regulation; shareholder empowerment and institutional investor activism; takeovers and the regulation of executive pay. The unit will examine these issues from a comparative law perspective, analysing fundamental differences in corporate governance structure and techniques in a range of jurisdictions, including the US, UK, Germany, China and Australia.
LAWS6227 Consumer Contracts and Product Defects
Credit points: 6 Teacher/Coordinator: Prof Jason Harris (Unit Coordinator), Prof Gail Pearson Session: Intensive June Classes: May 4, 11, 18 and 25 (10-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6024 or LAWS6025 Assessment: class presentation (15%), 1500wd online participation (15%), 1500wd research essay annotated bibliography (10%) and 4000wd research 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
This unit examines the special legal protection given to consumers under the Australian Consumer Law. The unit is concerned with aspects of the liability of suppliers of goods and services to consumers, sometimes called 'post-sale' consumer protection. An assessment will be made of the effectiveness of recent legislation in this field, and there will be comparative analysis referring similar laws in other jurisdiction such as the European Community directives, related developments in the Asia-Pacific (eg Japan), and some trends in the US.
Textbooks
Bruce, Consumer Protection Law in Australia, 3rd ed, LexisNexis, 2019
LAWS6243 International Law I
Credit points: 6 Teacher/Coordinator: Adj Assoc Prof Alison Pert Session: Semester 1a,Semester 2 Classes: Semester 1 Intensive (Group A): Mar 4, 5 and 18, 19 (9-5), Semester 2 (Group B): 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS1023 or LAWS5005 Assessment: Option 1: 4000wd essay (50%) and 3000wd 3hr take-home exam (50%) or Option 2: two 3000wd 3hr take-home exam (50% each) 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. 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.
LAWS6244 Taxation of Corporate Groups
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Intensive September Classes: Aug 24-26 and 29, 30 (9-3.3.0). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: 1500wd class quiz (30%) and 3000wd short-release assignment (70%) or 7500wd 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 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 consolidated groups.
LAWS6247 Securities and Markets Regulation
Credit points: 6 Teacher/Coordinator: Adj Prof Justice Ashley Black, Ms Shannon Finch Session: Intensive February Classes: Jan 17-21 (2-6) and Jan 22 (11-6). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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.
LAWS6249 World Trade Organization Law II
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: Intensive September Classes: Aug 31, Sep 1 & Sep 4, 5 (9-5) Prerequisites: LAWS6063 or LAWS3439 Assessment: assignment (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.
LAWS6251 Legal Issues in Digital Trade
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Assoc Prof Jeanne Huang Session: Intensive November Classes: Oct 15, 16 and 22, 23 (9-5) Assessment: Option 1: class presentation (10%), 2000wd assignment (30%) and 5000wd essay (60%) or Option 2: class presentation (10%) and 300wd capstone essay abstract (non-graded) and 8000wd capstone essay (90%) Mode of delivery: Block mode
Note: Department permission required for enrolment
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.
LAWS6257 Public Policy
Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Semester 2b Classes: Sep 1, 2 and 8, 9 (10-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6139 or LAWS6042 or LAWS6113 or LAWS6984 or LAWS3447 or LAWS5147 Assessment: Option 1: 10min class presentation (10%), 1500wd short essay (20%), 250wd synopsis (ungraded) and 6000wd research paper (70%) or Option 2: 10min class presentation (10%), 750wd essay synopsis (ungraded) and 7000 to 8000wd capstone essay (90%) 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.
LAWS6264 Compliance: Financial Services Industry
Credit points: 6 Teacher/Coordinator: Ms Ingrid King Session: Semester 2b Classes: Aug 20, Sep 3, 17 and Oct 8 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: assignment (40%) and 2hr 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
The unit will examine in detail the legal and regulatory requirements relevant to the financial services industry, and how the risk of breaching those requirements can be managed by compliance systems. It will focus not only on legal theory but also on the practical day to day business issues involved with compliance.The unit is divided into two parts: (a) Core compliance issues: licensing of financial service providers; compliance systems; insider trading and Chinese walls; market conduct rules; shareholding restrictions; trade practices; anti-money laundering, counter-terrorism financing and other measures to combat crime; retail customer obligations; marketing financial products; client money rules; privacy; fiduciary duties and conflicts of interest; confidentiality; phone taping; and investigating compliance breaches (including reporting obligations and HR issues); and (b) Specialist compliance issues relevant to: managed investments; deposit products, non cash payment facilities; credit facilities, stockbroking; derivatives; warrants; foreign exchange; futures broking; financial planning; margin lending; insurance and insurance broking; superannuation and retirement savings accounts.
LAWS6307 Class Action Litigation in Australia
Credit points: 6 Teacher/Coordinator: Mr Jason Betts Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6230 or LAWS6869 Assessment: 10-15min oral presentation and debate (20%), 2000wd case study (30%) and 5000wd essay (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
This unit of study will focus on the practice and procedure of class actions, which have emerged as the fastest growing species of litigation in Australia. Students will review the threshold requirements of commencing a class action, the processes by which class actions are brought to mediation and trial, and the perspectives of plaintiffs, defendants and third party litigation funders. The intersections of the legal and economic aspects of class actions will be considers in the context of a variety of species of this litigation, including shareholder, consumer, product liability, mass torts, environmental and cartel conduct claims. Students will review the relevant state and federal legislation governing class actions and case law that has developed in this area, together with developing a real-world practical understanding of how this litigation is conducted before the Courts.
LAWS6311 Advanced Directors' Duties
Credit points: 6 Teacher/Coordinator: Prof Jason Harris Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: Option 1: 10min class presentation (10%), 2000wd assignment (30%) and 5000wd research essay (60%) or Option 2: 10min class presentation (10%), 2000wd assignment (20%), 100wd capstone essay abstract (ungraded) and 7000wd capstone essay (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 will examine the role and responsibilities of corporate directors, focusing on the various legal rules used to regulate directors duties and competencies, and considering the directors corresponding protections. It will explore the function of these rules and the various mechanisms they deploy to regulate agency problems arising between the board and shareholders as a class; between the board/majority shareholders and minority shareholders; and between the board and other stakeholder groups, notably creditors and employees. The approach will be comparative (making reference to techniques used in the US, UK, continental Europe and Australia), with the goal being to provide a detailed and sophisticated understanding of the applicable legal rules and their practical effectiveness.
LAWS6317 Regulation of Corporate Crime
Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Semester 1a Classes: Feb 28 and Mar 1-3 (9-4). For the latest information, please visit "Your Studies" in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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.
LAWS6318 Corporate Innovation and Regulation
Credit points: 6 Teacher/Coordinator: Mr Richard Prangell Session: Semester 2b Classes: Aug 24, 25 and Sept 21, 22 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: general class participation and specialised seminar discussions (20%), written class quiz to be held on Day 4 (20%) and essay or exam (60%) (choice of research mode to be discussed with students) 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 will cover recent developments in innovation and the law, including disruptive technology and new business models in a range of contexts including the sharing economy, fintech, and more. The unit will also consider the role of trust, the increasing importance of politics in corporate governance, and a range of new global public law issues that have affected the role of the corporation, and the impact of technology, in society. As well as discussing cutting-edge developments in innovation, the unit will discuss challenges for the regulator in staying abreast and ahead of these fast moving changes in society.
LAWS6321 Fiduciary Duties and Conflicts of Interest
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Adj Prof Justice Ashley Black Session: Intensive June Classes: May 25-28 (9-5) Assumed knowledge: Undergraduate knowledge of equitable principles or company law would be desirable Assessment: class participation including optional short presentation (10%) and 7000wd essay (90%) Mode of delivery: Block mode
Note: Department permission required for enrolment
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 be taught by Justice Ashley Black Supreme Court of New South Wales, Mr Imtiaz Ahmed Barrister and Mr Alexander Morris King and Wood Mallesons. The unit will involve both a conceptual analysis of fiduciary duties and associated remedies and a focus on the treatment of conflicts of interest in key areas of commercial activity and professional practice including partnerships and joint ventures, directors¿ duties, legal and auditing practice and the financial services industry. Main topics include: The scope of fiduciary duties in Australian and UK law Fiduciary duties and conflicts of interest in partnerships joint ventures and other commercial relationships, Conflicts of interest affecting lawyers and auditors, Management of conflicts of interest in the financial services industry and Remedies for breach of fiduciary duty.
Textbooks
Recommended references purchase not required PD Finn Fiduciary Obligations Law Book Company 1997 J Glover Equity Restitution and Fraud LexisNexis Butterworths 2004 M Conaglen Fiduciary Loyalty Oxford 2010
LAWS6326 Interpretation of Statutes and Other Texts
Credit points: 6 Teacher/Coordinator: Ms Chloe Burnett Session: Intensive November Classes: Oct 12-14 and 17, 18 (9-4.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class test (20%) and 8000wd assingment (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
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.
LAWS6328 Contract Management
Credit points: 6 Teacher/Coordinator: S1a (Group A): Mr Tim Miles and S2a (Group B): To be advised Session: Semester 1a,Semester 2a Classes: S1a (Group A): Feb 28 and Mar 1-4 (9-3.30) and S2a (Group B): Aug 9, 10 and 16, 17 (9-5). For the latest information, please visit “Your Studies” in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: undergraduate law degree or LAWS6991 Assessment: 2000wd assignment (30%) and 6000wd assignment (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 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
LAWS6330 Fundamentals of Regulation
Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve Session: Semester 2b Classes: Sep 8, 9 and Oct 6, 7 (9-4). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: compulsory online participation (10%), with students choosing from a combination of the following options to make up the remaining 90% of their grade: short response question (20%), class presentation (20%), problem question (40%), 5000wd essay (70%) and 7000wd essay (90%) 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 acts as a general 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, 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. It also aims to provide a gateway for further study in more specialized areas of regulation. Please note that this unit does not focus on a specific area of regulation and does not cover financial services regulation or economic regulation more generally. While available to students in the Master of Health Law program, it does not focus on healthcare regulation.
Textbooks
Robert Baldwin, Martin Cave and Martin Lodge, Understanding Regulation: Theory, Strategy and Practice (Oxford University Press, 2nd ed, 2012)
LAWS6345 Principles of Financial Regulation
Credit points: 6 Teacher/Coordinator: Dr Ann Wardrop Session: Intensive June Classes: May 3, 5, 10, 12, 17, 19, 24, 26 (3-6). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (10%) and 6000wd short-release (51hrs) 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 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.
LAWS6352 Mergers and Acquisitions in Asia
Credit points: 6 Teacher/Coordinator: Assoc Prof Umakanth Varottil Session: Intensive June Classes: May 2-5 and 9-12 (12-3). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (20%) and 6000wd assignment (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 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 international visiting faculty, Umakanth Varottil, who is Associate Professor at the National University of Singapore.
LAWS6357 The Statutory Foundations of Negligence
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Barbara McDonald, Justice Mark Leeming Session: Intensive May Classes: Apr 9, 10 and Apr 30, May 1 (9-5) Assumed knowledge: undergraduate law degree Assessment: 1500-2000wd case note or statute (20%) and 6000wd essay (80%) 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
This unit presents the major aspects of the law of negligence from the perspective of statute. While there is detailed coverage of the Civil Liability Act, the larger goal is to demonstrate that for at least a century, much of the law of negligence is a product of, or a reaction to statute. That is most obvious in areas such as contributory negligence, tortfeasor contribution and personal injury damages, although the true extent of the role of statute is greater than is often perceived. But statute is at the forefront of basic areas such as duty of care and causation, in important aspects of breach (notably, for professional negligence), in the availability of damages for psychiatric injury, as well as having been central to the immunities of highway authorities and other public authorities for many centuries. The unit will also facilitate a greater appreciation of the range of statutes and the different ways in which they interact with judge-made law.
LAWS6360 Project Finance Fundamentals
Credit points: 6 Teacher/Coordinator: Ms Alisa Fiddes Session: Semester 1b Classes: Apr 7, 8 and 28, 29 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: Students who do not hold a law degree must have completed LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit Assessment: 2500wd assignment (30%) and 2hr 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
Energy, infrastructure and resources projects are critical to meeting our current and evolving needs for the products and services that they provide. They are also a key component of government stimulus packages in response to economic downturns. Project finance is one of the most common mechanisms for developing and delivering these projects. This unit introduces and explores the fundamental principles of project finance from a practical perspective, using case studies and group work. We will identify the key parties and explore their objectives. Key risks will be identified and analysed, as well as options for mitigating them. We will discuss core contractual structures, the key terms that are negotiated in project and finance contracts and their implications. The impact of different sources of financing will be considered. This unit will also provide a framework for understanding the similarities and differences of project finance across different sectors. The lecturer, a highly experienced practitioner in the field, will draw on her own experience of project finance from Australia and Asia, through to the US and Europe, as well as guest lecturers from top tier law firms and industry players, to explain key concepts, explore practical case study examples and provide a range of industry perspectives.
LAWS6361 Advanced Insolvency Law
Credit points: 6 Teacher/Coordinator: Mr Lindsay Powers Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: This unit is available to students who have completed LAWS5014 Corporations Law, LAWS6159 Insolvency Law or equivalent unit Assessment: 4000wd assignment (50%) and 4000wd essay (50%) or 8000 to 10,000 capstone essay (100%) 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 unit involves the operation of insolvency law in its commercial context. The unit will build on studies in Insolvency Law by considering how insolvency law rules interact with non-insolvency law (including taxation law, trusts law, property law and employment law) within the context of common commercial arrangements (such as commercial leasing, trading trust arrangements and contracts for the supply of services). The unit will consider the position of common stakeholders involved in debt restructuring and corporate rescue efforts to support debtors during times of financial distress.
LAWS6810 Fundamentals of Corporate Law
Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Semester 2a Classes: Aug 11, 12 and 18, 19 (9-4). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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%), 2500wd 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 (7th ed, Thomson LBC, 2017) (“Redmond”) and Corporations Act 2001 (Cth)
LAWS6816 Labour Law in the Global Economy
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Jill Murray Session: Intensive September Classes: Intro Class: Jul 27 (6-8) then Aug 13, 14 and 27, 28 (9-5) Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: class participation (10%), class discussion facilitation (15%) 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 will explore the notion of the global economy, highlighting its impacts on norms, assumptions and ideas we have about the purpose and operation of labour law. Students will be introduced to the architecture of international labour law by an examination of leading organisations such as the International Labour Organisation, the United Nations, the Organisation for Economic Co-operation and Development and others. We will also examine the ways in which the global trading system does (or does not) engage with labour matters, including consideration of bi-lateral and multi-lateral trade agreements. Less traditional regulatory modes such as corporate self-regulation, ethical consumerism, supply chain regulation will also be analysed. The purpose and effectiveness of these institutions and processes will be evaluated through a consideration of a number of thematic issues, including freedom of association and the protection of trade union rights, forced labour including so-called modern slavery, working time issues including working during the pandemic, and informal or non-standard work in the gig economy. We will compare some of the relevant Australian laws with those of other countries in these thematic areas.
LAWS6824 Commercial Conflict of Laws
Credit points: 6 Teacher/Coordinator: Dr Ben Chen (Coordinator), Adj Prof Donald Robertson, Assoc Prof Stacie Strong Session: Intensive April Classes: Mar 5, 12 and Apr 2, 9 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6884 Assumed knowledge: undergraduate law degree Assessment: structured class participation (10%), 1000wd reflective writing (15%), 6000wd research 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
Primarily taught by an experienced commercial practitioner, Donald Robertson, this unit will focus on cross-border commercial transactions and disputes with a transnational nature. An emphasis is placed on risk management in those transactions using the tools of private international law. Often in those transactions and disputes, the forum is itself a matter of dispute. The careful use of contractual devices might help manage that risk (litigation risk) as well as the risk of an unexpected and unwanted law applying (transaction risk). After a general introduction and refresher on the rules of private international law, we consider the management of risk in transaction planning and in the implementation of the transaction from the perspective of the rules of private international law. The unit follows chronologically the general course of a cross-border transaction, from inception to transnational dispute. There have been significant developments in the last few years whereby international cooperation in relation to these matters has produced international instruments of great utility, which instruments need to be taken into account at the transaction planning stage.
Textbooks
Davies Bell and Brereton Nyghs Conflict of Laws in Australia 9th ed 2014
LAWS6825 Introduction to Australian Business Tax
Credit points: 6 Teacher/Coordinator: S1a (Group A): Prof Graeme Cooper and S2a (Group B): Mr Micah Burch Session: Semester 1a,Semester 2a Classes: S1a (Group A): Feb 28 and Mar 1-4 (9-3.30) and S2a (Group B): Aug 8-12 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 1200wd in-semester test (30%) and 3000wd 2hr final take-home 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.
Textbooks
Cooper, Dirkis, Stewart and Vann, Income Taxation: Commentary and Materials (Thomson Reuters) [current edition]
LAWS6838 Competition Law
Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Hodgekiss Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: undergraduate law degree or LAWS6252 Assessment: 3000wd essay (30%) and maximum 5000wd 2.5hr final exam (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
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; 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
LAWS6840 Tax of Business and Investment Income A
Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Intensive March,Semester 1a Classes: Law School Group (S1CIMR): 1x2-hr lecture/week. First class starts on Wed 16 Feb and concludes on Wed 18 May. Class times: 8am to 10am. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies. Deloitte Group (S1a), 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. Assessment: 1200wd short-release assignment (30%) and 3000wd short-release final assignment (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 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: Prof Michael Dirkis (Coordinator), Assoc Prof Celeste Black Session: Intensive August,Semester 2a Classes: Law School Group (S2CIAU): 1x2-hr lecture/week. First class starts Wed 20 Jul and concludes on Wed 19 Oct. Class times: 8am to 10am. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies.
Deloitte Group (S2a), 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. Assessment: 1200 short-release assignment (30%) and 3000wd short-release final assignment (70%) Mode of delivery: Block mode
Note: Department permission required for enrolmentin the following sessions:Semester 2a
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, 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.
LAWS6846 Human Rights and the Global Economy
Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Semester 2b Classes: Sep 16, 17 and 23, 24 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS5178 or LAWS3478 Assessment: Option 1: 1000wd daily reflective journal (25%) and 6000wd essay (75%) or Option B: 1000wd daily reflective journal (25%) and 7000wd capstone essay (75%) 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.
LAWS6852 Doing Business in China
Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Semester 1b Classes: April 1, 2 and 8, 9 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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 assignment (50%) or Option 2: assignment (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.
LAWS6865 International Dispute Resolution
Credit points: 6 Teacher/Coordinator: Dr James Devaney Session: Intensive June Classes: May 2, 3 and 9, 10 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6202 Assessment: 2000wd assignment (30%) and 6000wd essay or optional 8000wd capstone 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.
LAWS6873 Principles of Intellectual Property
Credit points: 6 Teacher/Coordinator: Dr Fady Aoun Session: Semester 2b Classes: Sep 16, 17 and Oct 7, 8 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6854 or LAWS3480 or LAWS3479 or LAWS5180 or LAWS5179 Assessment: Option 1: class participation (10%), 2500wd assignment (30%) and 4500wd essay (60%) or Option 2: class participation (10%) and 8000wd capstone essay (90%). Students who select their own essay topic or capstone essay must submit a 600wd essay proposal (non-graded) Mode of delivery: Block mode
Note: Students who have previously completed an equivalent undergraduate or postgraduate unit in intellectual property are not permitted to enrol in this 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
This introductory unit is designed for students who have not previously undertaken any formal study of Intellectual Property. The unit will cover the fundamentals of law and theory in the main areas of contemporary intellectual Property copyright patents and trademarks.
LAWS6874 Contractual Damages
Credit points: 6 Teacher/Coordinator: Dr David Winterton Session: Intensive September Classes: Aug 6, 27 and Sep 3, 30 (9-5). For latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: undergraduate law degree Assessment: class participation (10%) and 7000wd assignment or 5000wd 48hr take-home exam (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 principal object of the unit is to give students a comprehensive overview of the most important practical and theoretical questions concerning the law of contractual damages in both Australia and throughout the Commonwealth more broadly. Given the voluminous case law and academic literature on the subject, our focus will be on a detailed examination of the most important and controversial decisions as well as the most thought-provoking academic commentary on those decisions and the theoretical questions that underpin them. More specifically, the unit considers: the measure and availability of damages for breach of contract at common law; the meaning and implications of the compensation principle; the principles that limit the availability of damages awards; the impact of contract termination on the assessment of ‘loss of bargain' damages; the availability and justifiability of awarding alternative measures of damages for breach of contract; the principles governing the recovery of agreed (or liquidated) damages; theoretical approaches and critiques of the law of contract damages; and the assessment of contractual damages in circumstances where a concurrent damages claim for negligence is available.
LAWS6882 Insurance Contract Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Robin Bowley 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: Department permission required for enrolment
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.
LAWS6915 Current Issues in Defamation Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof David Rolph Session: Intensive November Classes: Oct 16, 17 & 30, 31 (9-5) Prohibitions: (LAWS3428 and LAWS5128) Assessment: 8000wd essay (100%) or 2 x 4000wd essay (50% each) 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.
LAWS6916 International Investment Law
Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Intensive April Classes: Mar 10, 11 and 24, 25 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 2500wd assignment (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 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.
LAWS6931 Dispute Resolution in Asia
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Luke Nottage, Assoc Prof Jeanne Huang Session: Session 1 Early Census Classes: Mar 5, 6 and 12, 13 (9-5) Assessment: Option A: 8000wd assignment (100%) or Option B: 4000wd assignment (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Department permission required for enrolment
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 law and practice of dispute resolution in Asia, focusing on both major economies and legal systems (such as China, Japan, Korea and India) and smaller ones (especially within ASEAN). It examines the extent and mechanisms of harmonisation within Asia, particularly by examining in each of these jurisdictions how a firm would typically resolve or avoid both domestic and cross-border disputes with other firms, governments, or consumer. It covers and compares various dispute resolution processes including especially litigation, commercial and investment treaty arbitration, and mediation. The unit therefore aims to combine a broader comparative and theoretical perspective with more practical applications in managing disputes in Asia. It complements especially LAWS6932 Law and Investment in Asia.
LAWS6932 Law and Investment in Asia
Credit points: 6 Teacher/Coordinator: Assoc Prof Salim Farrar Session: Intensive April Classes: Mar 16, 17 and 29, 30 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 3000wd assignment (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 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.
LAWS6933 Global Oil and Gas Contracts and Issues
Credit points: 6 Teacher/Coordinator: Prof Kim Talus Session: Intensive June Classes: May 13, 14 and 20, 21 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (10%), 2000wd report (40%) 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
The aim of the unit of study is to consider the legal issues and transactions relating to the exploration, production, and marketing of petroleum, which, owing to its economic and strategic importance, is the most important commodity traded worldwide. Coverage includes how countries establish sovereignty and control over petroleum resources and how host governments (HGs) or their national (state-owned) oil companies (NOCs) contract with private international oil companies (IOCs) for the exploration and development of petroleum resources. The unit also examines the legal nature and protection of oil and gas exploration rights, including licensing and development issues. The core of the course describes and analyses key contracts between HG/NOCs and IOCs, as well as contracts among IOCs and between IOC ‘operators’ and petroleum-services contractors - all to facilitate petroleum exploration, development, and marketing. Because petroleum is one of the most politically charged commodities, this class will also consider extra-territorial anti-corruption law. In a broader sense, this class will help students develop better analytical skills - especially the ability to critically evaluate contracts. At the outset, the unit will consider the outlook for petroleum vis-à-vis other energy resources in light of supply, demand, climate change and the energy transition.
LAWS6937 Employment Law Advocacy
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Mr David Chin, Ms Elizabeth Raper Session: Intensive May Classes: Intro Class: Apr 12 (6-8) then Apr 30, May 1 and May 21, 22 (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.
LAWS6939 International Insolvency Law
Credit points: 6 Teacher/Coordinator: Associate Professor David Brown Session: Intensive August Classes: Jul 15, 16 and 22, 23 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 500wd essay proposal (10%), 7500wd 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
In contrast to traditional courses on international insolvency law, this unit will begin by discussing the issue of insolvency proceedings for states. The establishment of procedures for dealing with the insolvency of states is a fairly recent development, which can be traced to moves initiated by the International Monetary Fund during the Argentina crisis in 2001. Since then, a number of methods have been proposed for dealing with the insolvency of states in a more regulated and calculable manner than that in which the Paris and London Club has dealt with these issues over the last 50 years or so. Against this background, this unit will describe the evolution, and discuss the concept, of insolvency proceedings for states. The second part of the unit will deal with the principles of traditional international insolvency law, that is, the principles governing the situation where an insolvent company has assets in more than one jurisdiction. These principles will be exemplified by various cases from different regions of the world. This part of the unit will also consider recent developments aiming to establish regions in which particular transnational insolvency rules are applicable, the main example being the European Insolvency Regulation.
LAWS6946 Tax Treaties Special Issues
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Intensive November Classes: Oct 5-7 and 10, 11 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: As this is an advanced unit, it is assumed that students undertaking this unit have successfully completed LAWS6177 Tax Treaties Assessment: 3000wd essay (30%) and 3000wd short-release assignment (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.
LAWS6953 Law of Asset Protection
Credit points: 6 Teacher/Coordinator: Assoc Prof David Chaikin Session: Intensive April Classes: Mar 18, 19 and 25, 26 (9-4.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 2500wd assignment (30%), 250wd essay synopsis (non-graded) 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
Asset protection is concerned with the preservation and transmission of property of individuals, families or corporations. It has the broad purpose of minimising legal business and political risks by safeguarding assets from seizure, loss and diminution in value. It is concerned with the protection of assets from potential creditors, government expropriation, excessive taxation and catastrophic loss. It is a vital component of tax advice, wealth management and financial planning. This unit examines the legal aspects of asset protection from both Australian and international perspectives. It provides a sound understanding of the legal techniques and principles of asset protection. The complex interaction between company law, the law of trusts and property, tax and estate planning laws, bankruptcy and insolvency laws is analysed. The unit focuses on the laws of a select number of offshore jurisdictions as well as international trust law. It examines the legal impediments and ethics of asset protection. Anti-money laundering rules and the civil and criminal liabilities of trustees and professional advisers are also covered.
LAWS6956 Personal Property Securities
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Intensive August Classes: Jul 23, 24 & 30, 31 (9-5) Assumed knowledge: Unless approved by the Unit Coordinator 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 enrolling in this unit Assessment: 3000 assignment (30%) and 3000 take-home 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 analyses the Personal Property Securities legislation drawing attention to how it has changed the pre-existing law regulating the rights of secured creditors. The unit focuses on the concepts of security attachment and perfection. It examines the nature of security interests regulated by the legislation together with the registration priority and enforcement regimes. In discussing the Australian position, the unit compares similar legislation in Canada and New Zealand.
LAWS6964 Global Energy and Resources Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Penelope Crossley Session: Intensive September Classes: Aug 25, 26 and Sep 1, 2 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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.
LAWS6965 Tax Avoidance and Anti-Avoidance
Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Intensive May Classes: Apr 20-22 and 26-27 (9-4.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies 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: 3000wd assignment (30%) and 2hr exam or 7500wd 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 examines the pervasive phenomenon of tax avoidance and the design and effectiveness of common judicial and legislative responses to it. The unit starts by deconstructing typical examples of avoidance to elicit the common design features of avoidance practices. We will also examine the interrelationship between the process of statutory interpretation and the opportunities for avoidance. A particular focus of the unit will be on the scope and operation of Australia’s general anti-avoidance rule, Part IVA, but the unit will also consider the various judicial anti-avoidance doctrines and some of the specific anti-avoidance rules found in Australia’s tax legislation. The unit will also consider the kinds of approaches to tax avoidance and the anti-avoidance regimes employed in other countries. Finally, the unit will examine some of the procedural regimes used to curb the offering of tax avoidance products to taxpayers.
LAWS6984 Economics of Tax Policy
Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Intensive October Classes: Sep 22, 23 and 29, 30 (10-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6257 or LAWS3447 or LAWS5147 Assessment: class participation and presentation (10%) and 7000wd 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.
LAWS6987 Fundamentals of Commercial Law
Credit points: 6 Teacher/Coordinator: To be advised Session: Semester 2b Classes: Sep 9, 10 and 23, 24 (9-4.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS3400 or LAWS2012 or LAWS5008 Assumed knowledge: This unit assumes no previous knowledge and is available to non-lawyers and to lawyers who have not previously studied or practised in the area. Students who do not have an undergraduate degree in law from a common law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System. Assessment: 4000wd assignment (50%) and 3000wd 48hr 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
This introductory unit provides an overview of commercial law focusing on the broad but fundamental concept of commercial dealings. Areas for analysis include sources and function of commercial law, the legal basis of dealings in contract and property law, dealings by principals and agents, dealings in tangible goods through leasing and sale, dealings in intangibles such as receivables through assignment sources and methods of financing, dealings protecting dealings through insurance regulating, dealings through statute and common law restraints and discharging dealings through a range of common payment methods and instruments.
LAWS6991 Fundamentals of Contract Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Yane Svetiev Session: Semester 1b Classes: Apr 1, 2 and May 6, 7 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Corequisites: LAWS6252 Prohibitions: LAWS1002 or LAWS1015 or LAWS2008 or LAWS5002 Assessment: 2000wd assignment (30%) and 6000wd final assignment (70%) Mode of delivery: Block mode
Note: This unit is only available to non-law graduates who have not undertaken any previous study in contract law. Students must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before undertaking this unit. Students who have previously completed a law degree or studies in contract law from a common law jurisdiction must not enrol in this unit but are encouraged to enrol in LAWS6328 Contract Management. MLLR students who commenced after Jan 2015 may enrol in this elective unit of study. 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
Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts. This unit will provide students with an understanding of remedies available for breach of contract and factors that may vitiate a contract. The unit prepares students for a range of units* across law specialist areas in commercial law, corporate, securities and finance law and international business law where a basic understanding of contractual law principles is valuable. Unit content includes: contract as a risk management device; formation of contracts: agreement, consideration, intention to create legal relations, certainty, privity, formalities; construction principles: contractual parties, contractual terms (express and implied), classifying terms, principles of interpretation; estoppel; vitiating factors: misrepresentation, misleading and deceptive conduct, unconscionable conduct, mistake, duress; discharge: performance, breach, termination and frustration; remedies: key statutory and common law remedies. * excluding the following advanced contract law units available to law graduates only: LAWS6809 Breach of Contract, LAWS6872 Contract Negotiation, LAWS6851 Construction Law, LAWS6915 Current Issues in Defamation Law, LAWS6954 Financial Risk Allocation in Equity, LAWS6903 Interpreting Commercial Contracts, LAWS6969 Principles of Patent Law, LAWS6919 Problems in Contract Formation and units as listed in the University of Sydney Law School Handbook.
Textbooks
J W Carter,Carter’s Guide to Australian Contract Law, (3rd edition 2015, Lexis Nexis Butterworths)
LAWS6997 Cross-Border Deals
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Mr Ronald C Barusch Session: Intensive April Classes: Apr 7, 8 and 14, 15 (9-5) Assumed knowledge: Available to law graduates only. Students undertaking this unit must have a good working knowledge of the Australian Corporations Act and the rules and practices applicable to securities offerings and takeovers or the equivalent in their home jurisdiction. Assessment: class participation (10%), online quiz (20%) and assignment (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 is for law graduates who have or intend to have a practice that exposes them to cross-border financings and acquisitions. The unit highlights the distinctive concepts and practices relating to overseas securities and corporate laws in cross-border transactions focusing to a significant extent on US laws and practices. It concentrates on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal. The US segment will begin with a brief examination the US Federal system in which corporate and securities law responsibility is allocated between the states and Federal government proceed to a detailed discussion of the process of offering securities in the US and how it can affect non-US offerings in practice and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M and A concepts and practices including mergers breakup fees poison pills and proxy fights will be discussed. The remainder of the unit will focus on deal regulation of selected other overseas jurisdictions in which there have been recent activity. We will also examine practical consequences of the regulatory requirements of these jurisdictions particularly in so far as they relate to M and A as well as certain subjects that have worldwide applicability. The unit will be taught by a series of seminars and may include an occasional guest lecture panel discussion. The purpose of the unit is to assist Australian and other non-US lawyers in identifying potential cross-border issues and being creative in solving the challenges that arise in international securities transactions. The lecturer is the Dealpolitik Columnist for The Wall Street Journal and a former M and A partner at leading US law firm Skadden Arps Meagher and Flom LLP.
Electives - Master of Business Law only
The following units are only available to students undertaking the Master of Business Law
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: one 8000 to 10,000wd research project (100%) due on 15 June (Semester 1) or 15 November (Semester 2) of the 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. For further information, please visit the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects or 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 to eligible students in special circumstances, and with the approval of the relevant Program Director.
LAWS6182 Independent Research Project A
Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic member Session: Semester 1,Semester 2 Assessment: one 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 the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects or 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 to eligible students in special circumstances, and with the approval of the relevant Program Director.
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 Assumed knowledge: LAWS6182 Assessment: one 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 the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-research-projects or E: law.postgraduate@sydney.edu.au
Please refer to LAWS6182 Independent Research Project A.