Laws
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.
Laws
Master of Laws
To qualify for the award of Master of Laws, students must complete 48 credit points from the table below.
Graduate Diploma of Laws
To qualify for the award of Graduate Diploma of Laws, students must complete 24 credit points from the table below.
JURS6018 Constitutional Theory
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Intensive September Classes: Aug 13, 14 and Sep 3, 4 (9-5) Assessment: class participation (10%), oral presentation (20%) and 500wd essay plan plus 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 will address the role that constitutionalism is expected to play in a democratic state, and will explore various constitutional theories. The main focus will be on theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation: Is it paradoxical that a state governed by majority rules withdraws certain areas from collective decision-making? Various theories of constitutionalism, of constitutional interpretation, and of constitutional judicial review will be explored. The unit will also discuss the question of constitutional charters of rights, different models of judicial review, separation of powers, direct democracy and the functions of constitutions in transitions to democratic systems. The unit will follow a seminar format with the emphasis on class discussion of unit materials. First two days will be focused on the instructor's lectures while two remaining days on students' presentations.
JURS6019 Freedom of Speech
Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski Session: Intensive September Classes: Aug 12, 13 and Sep 2, 3 (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 (20%), 30min class presentation (20%) and 5000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Freedom of speech is among the most hotly discussed constitutional rights in a liberal democratic state. This unit of study will aimed at clarifying some of the fundamental conceptual and normative foundations of that freedoms, always against the background of specific legal rules, cases and controversies in Australia and around the world. It will consider such issues as the fundamental justifications (rationales) for freedom of speech, the idea of content neutrality and viewpoint neutrality of speech restrictions, the distinction between speech and conduct, etc. It will also look, more specifically, at such controversial issues as restrictions on racial vilification, obscenity, political communication, freedom of speech in cyberspace, and defaming speech. The last part of the unit of study will focus on relationship between freedom of speech and freedom of religion.
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.
LAWS6011 Administrative Law
Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Intensive April Classes: Mar 18, 19 and Apr 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: Undergraduate law degree or LAWS6252 (core unit for MALP students) Assessment: 7500wd essay or 2 x 3750wd essays (100%) Mode of delivery: Block mode
Note: Core unit for MALP students. Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit is to develop a critical perspective upon the accountability of government decision-makers. The unit examines theoretical frameworks for analysis of a range of issues concerning accountability, with reference to relevant principles of administrative law. Part 1 of the unit examines the concept of administrative discretion, alternative theories of the rule of law, human rights, ethics and managerialism. Part 2 of the unit is concerned with the accountability of the executive branch of government. It includes analysis of separation of powers and the doctrine of ministerial responsibility, merits review tribunals, investigative tribunals and tribunal procedure. Part 3 of the unit examines theories of participatory democracy, with reference to relevant legal principles drawn from procedural fairness, rules of standing and consultation requirements in rule making. Part 4 examines theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation. Part 5 examines the proper scope of administrative law by discussion of the issue of its extension to government business enterprises which are corporatised, privatised or contracted out.
LAWS6013 Advanced Employment Law
Credit points: 6 Teacher/Coordinator: Prof Joellen Riley Munton Session: Semester 2b Classes: Aug 20, Sep 17, and Oct 7, 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 Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: Options: (i) class participation (20%) and 6000wd essay (80%) or (ii) class participation (20%) and 2 x 3000wd problem assignments (40% each) or (iii) class participation (20%) and 3000wd problem assignment (40%) and 3000wd essay (40%) Mode of delivery: Block mode
Note: Academic Profile: https://www.sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study is designed especially for candidates in the MLLR program. The unit examines the regulation of the individual employment relationship. The unit builds on the introduction to this topic in the foundation LAWS6071 Labour Law unit, by examining in closer detail the formation, construction and interpretation of employment contracts (including incorporation of policies and other documents, and exercise of contractual discretions); duties of employers and employees in contract; termination of employment contracts; and post-employment obligations (including restraints of trade). Students will examine decisions of courts and tribunals in detail.
LAWS6022 International and Comparative Labour Law
Credit points: 6 Teacher/Coordinator: Prof Emanuele Menegatti Session: Semester 1 Classes: Classes will start on Mon 28 Feb (Week 2) for 10 weeks (6.30-9pm). The class schedule will be made available in the unit outline https://www.sydney.edu.au/units and Canvas to enrolled students approximately 4 weeks prior to the first class. 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%), 1000wd assignment (20%) and 6000wd 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 unit will examine the growing use of individual labour and equality rights to protect working people, with the overall aim of assessing the capacity of this type of regulation to enhance justice, both in the workplace and more widely. It will use experience in the UK of a highly individualized workplace rights and enforcement system to identify strengths and weaknesses in this kind of workplace protection. This will involve consideration of EU and European Convention on Human Rights standards, while some comparative readings will also be set and students will be encouraged themselves to bring a comparative dimension to the issues and assignments. Jumping off from the UK experience, the unit will evaluate various strategies for enhancing the protective capacity of individual workplace rights. These include: (1) conceiving of such rights as fundamental human or constitutional rights; (2) imposing positive duties on employers and others to promote and secure observance of individual labour and equality rights; (3) institutional innovation to secure workplace protections, for example via equality and human rights commissions, labour inspectorates, ombudspeople, tax and criminal prosecution authorities; (4) involving third parties in the realization of individual labour standards, for example, NGOs, trade unions, parliamentary and other public inquiries, consumers, campaigners and the press; (5) focussing on employer activities that moderate individual labour and equality standards, like human resources practices, corporate social responsibility regimes and general managerial strategizing. Threaded through the unit will be consideration of different methodological approaches to legal research, with the twin goals of increasing what students take from the materials covered and of improving their legal research and analytical skills, including for use in the final essay. Prof Barmes draws on her extensive previous research in this area and her varied background, for example, in legal practice, conducting research for the Law Commission of England and Wales, as co-editor of the Recent Cases section of the Industrial Law Journal and as co-Director of the QMUL School of Law Centre for Research on Law, Equality and Diversity (LEAD).
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.
LAWS6032 Crime Research and Policy
Credit points: 6 Teacher/Coordinator: Ms Hayley Boxall 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: 2000wd research scholarship review (35%) and 4000wd research proposal (65%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for MCrim and GradDipCrim students. Elective unit for GradDipCrim students who commenced on or after 1 Jan 2019.
Academic Profile: https://sydney.edu.au/law/about/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 provides an examination of research methods in the context of criminology. The relationship between theory and methodology is explored. The production of knowledge about crime is critically assessed. Sources and forms of crime data are discussed and their significance is assessed. Research design, evaluation and analysis are also studied.
LAWS6034 Gender, Violence and the Criminal Law
Credit points: 6 Teacher/Coordinator: Dr Robyn Holder 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 Assessment: in-class 300-500wd blog (10%), 3000wd assignment (40%) and 5000wd assignment (50%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
In this unit, students will gain an appreciation of how gender impacts the ways that the criminal law and justice system contend with accused persons and their victims. The construction of gender, understandings of violence, and how and why people mobilise the law after violence will be examined. The Law's claims to equality and neutrality will be scrutinised, as will perceptions of discrimination based on gender. Some ingredients of particular personal violence offences (assault, sexual assault), related proof requirements and sentencing from historical, theoretical and practical context perspectives will be examined.
LAWS6039 Discrimination in the Workplace
Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Semester 2b Classes: Intro Class: Aug 30 (6-8) then Sep 9, 10, 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 Assessment: class participation (pass/fail), problem questions (35%) and 4000wd assignment (65%) Mode of delivery: Block mode
Note: MLLR students may enrol in this unit before completing LAWS6071 Labour Law, but must have either completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
In this unit we examine the nature of discrimination in the workplace and the legal response to it in Australia. We start by considering the theoretical perspectives on equality that underpin our legislation and ideas about effective regulation. We then examine how anti-discrimination law is applied in respect of a number of different grounds of discrimination - such as sex, race, disability, and family responsibilities - reviewing recent cases and current issues. We will also discuss enforcement mechanisms and processes under anti-discrimination legislation and what, if any, effect the legislation has had on workplace processes and culture. While NSW law will be considered, the focus will be on federal legislation, looking at anti-discrimination laws, anti-discrimination provisions in the Fair Work Act 2009 (Cth), and the Workplace Gender Equality Act 2012 (Cth).
LAWS6041 Environmental Litigation
Credit points: 6 Teacher/Coordinator: Adj Prof Justice Nicola Pain, Adj Prof Justice Rachel Pepper Session: Semester 2a Classes: Aug 10-13 (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: 4000wd paper on a practical task/topic (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit focuses on litigation as a tool for resolving environmental disputes. The unit examines different types of environmental litigation and issues that can arise in litigation processes. Candidates will develop an understanding of the characteristics of environmental litigation, the advantages and limitations of different types of proceedings, and the range of outcomes that are possible for environmental litigation. The topics include litigation strategies, procedure and evidence, defensive actions (ie SLAPP litigation), and the outcomes of litigation. Reference will be made to recent cases, such as in the field of climate change, to illustrate the topics.
LAWS6044 Environmental Law and Policy
Credit points: 6 Teacher/Coordinator: Dr Gerry Bates Session: Intensive June Classes: May 18-21 (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 Prohibitions: LAWS3430 or LAWS5130 Assumed knowledge: LAWS6252 or law degree from a common law jurisdiction Assessment: 3000wd essay (40%) and 5000wd assignment (60%) Mode of delivery: Block mode
Note: Students who do not hold a law degree from a common law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before undertaking the environmental law units. Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit is to introduce students to overarching themes in environmental law and policy as a foundation to their more detailed studies for the Environmental Law Program. This is an overview unit addressing a number of environmental issues at various levels of analysis; such as policy making, implementation of policy and dispute resolution. The concept of ecologically sustainable development and its implications for environmental law and policy is a continuing theme. The unit is designed to develop multi-dimensional thinking about environmental issues and the strategies needed to address them. The unit provides a broad background of the political and economic issues in so far as they are related to the legal issues involved.
LAWS6047 Law of the Sea
Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Semester 2b Classes: Sep 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 Assessment: 5000wd essay (60%) and 48hr take-home exam (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Covering two-thirds of the world's surface the ocean provides a range of indispensable public goods including fisheries and non-living resources and is a vital conduit for international trade. The international law of the sea regulates access to and use of the oceans, and this unit reviews the major areas of this area of international law as they have developed over the centuries. It takes as its focus the 'constitution' of the oceans - the 1982 UN Convention on the Law of the Sea. Each of the major maritime zones is assessed, and there is also a review of key sectoral issues, including the protection of the marine environment, fisheries management, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference is made to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6048 Explaining Crime
Credit points: 6 Teacher/Coordinator: Prof Gail Mason 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 Assessment: class presentation (10%), 2000wd assignment (30%) and 5000wd essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for MCrim and GradDipCrim students and co-requisite for other criminology elective units.
Academic Profile https://sydney.edu.au/law/about/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 relevance of theory to the process of explaining crime as a social phenomenon. It will selectively analyse the history of criminological thought. Special attention will be given to the cross-disciplinary nature of efforts to understand crime, criminality and their causes. A significant section of the unit will deal with contemporary approaches to criminological explanation including the influence of feminism and postmodernism. Contemporary theorists such as Foucault, Garland and Braithwaite will also be considered. The unit will endeavour to make explicit the links between criminological theory and the development of public policy.
LAWS6052 Govt Regulation, Health Policy and Ethics
Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive October Classes: Sep 22, 23 and Oct 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 Assessment: class presentation (20%) and 7000wd essay (80%) Mode of delivery: Block mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252.
Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines government regulation of health care and professional practice. With regard to each area of government decision-making, issues are analysed by reference to the interplay between social goals, human rights, legal rights and ethical considerations. Topics covered include the constitutional and statutory sources of government power with respect to health care: regulatory models and reform of public health legislation; therapeutic goods administration; health insurance; pharmaceutical benefits and the pharmacy industry; human tissue legislation; discipline of health professionals with a focus on the National Law; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.
LAWS6054 Health Care and Professional Liability
Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive April Classes: Mar 17, 18 and Mar 31 and Apr 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 Assessment: 20-30min class presentation (20%) and 7000wd assignment (80%) Mode of delivery: Block mode
Note: Core unit for GradDipHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.
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.
LAWS6061 International Environmental Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Intensive April Classes: Mar 17, 18 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: 2 x 2000wd assignments (20% each) and 4000wd assignment (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.
LAWS6062 International Law-the Use of Armed Force
Credit points: 6 Teacher/Coordinator: Adj Assoc Prof Alison Pert Session: Semester 2a Classes: Aug 12, 13 and 19, 20 (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: LAWS3483 or LAWS5183 Assessment: class participation (10%), 4000wd essay (50%) and 3000wd asssignment (40%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The objectives of this unit are to understand and gain a sound knowledge of the legal principles and rules governing the resort to armed force by States; be able to analyse a complex factual situation, recognise the issues arising, and determine the international legal rights and responsibilities of the parties involved; and gain awareness and understanding of current issues relating to the use of force and United Nations practice in matters affecting international peace and security. The course looks at the legal principles and rules governing the resort to force by States; operation of the relevant provisions of the United Nations Charter dealing with the use of force, self-defence and collective security; relevant state practice in interpreting the UN Charter; the legal issues arising from the use of force against terrorism; the Bush Doctrine of pre-emptive self-defence and its legality under international law; legality of the use of force to assist rebels; the role of the United Nations in peace-building, peace-making, peace-keeping, and peace enforcement; and the legal issues arising from humanitarian intervention and the emerging principle of the responsibility to protect. This unit does not cover the law regulating the conduct of armed conflict (jus in bello), which is the subject of the separate unit LAWS6218 International Humanitarian Law.
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.
LAWS6065 Pollution, Corporate Liability and Govern
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Gerry Bates, Em Prof Zada Lipman Session: Intensive June Classes: May 21, 22 and 28, 29 (9-5) Assessment: class participation (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit of study is to provide an introduction to the framework, concepts, sources and techniques of pollution control law and corporate environmental liability. The history and framework of international laws regulating pollution will be examined before exploring a range of legal and regulatory measures for pollution control and corporate environmental liability at both the Commonwealth level and within New South Wales. An overarching theme will be the need for effectiveness in implementation and enforcement of pollution control and governance measures that have been developed to prevent harm and promote ecologically sustainable development.
LAWS6066 Discretion in Criminal Justice
Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Intensive November Classes: Oct 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 Assessment: take-home exam (60%) and essay (40%) Mode of delivery: Block mode
Note: Academic Profile https://www.sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step. It deals with each stage from the reporting or observation of crime, through investigation, arrest, charging, bail, plea, hearing, appeal, retrial and publicity. It describes how actors at each step (citizens, police, prosecutors and judges) confront decision making, the laws (legislation, common law) and rules (prosecution guidelines, memoranda and procedures) that apply and provides examples of the exercise of such discretions. It also looks at the place of public commentary (personal, the media and political) in the process. The unit explores nuances in the conduct of any criminal prosecution aside from the application of the letter of the law.
LAWS6068 Judicial Review-P'ciple, Pol and Procedure
Credit points: 6 Teacher/Coordinator: Prof Margaret Allars Session: Intensive September Classes: Aug 12, 13 and Sep 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 Assessment: Option 1: 2 x 3750wd essays (50% each) or Option 2: 7500wd essay (100%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides a specialised and thematic account of judicial review as one means for making the executive branch of government accountable. It aims to develop an understanding of trends reflected in principles relating to justiciability, standing to seek review, excess of power and abuse of power, and procedural fairness. A critical evaluation of the policy choices which account for development of common law principles is encouraged. The procedures and remedial powers available under statutes which reform the procedure for gaining judicial review are examined, with judicial and administrative procedure compared. A consistent theme is the development of a critical appreciation of the proper relationship between the judicial and executive branches of government.
LAWS6071 Labour Law
Credit points: 6 Teacher/Coordinator: Ms Kate Peterson Session: Semester 1a Classes: Intro Class: Feb 22 (6-8) then Mar 4, 5 and 25, 26 (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: LAWS3446 or LAWS5146 Assumed knowledge: MLLR students must either have a law degree or completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System (core) as well as this unit before undertaking the labour law elective units Assessment: 1500wd assignment (20%) and assignment (80%) Mode of delivery: Block mode
Note: The unit is compulsory for students enrolled in the MLLR. However, the requirement to take this unit may be waived upon application to the Program Director if the student can demonstrate proficiency in the unit objectives gained through completing a recent undergraduate law unit in labour law or work experience. Credit will not be granted for WORK6116 Employment and the Law and completion of this unit will not be sufficient to obtain an exemption from this MLLR compulsory unit.
Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The purpose of this unit is to introduce students to the principles of labour law. It is designed specifically for MLLR students who do not have a law degree or for any students with a law degree who have not recently undertaken an undergraduate labour law course. The goal of the unit is to equip students with the fundamental principles of labour law that they will need to undertake more advanced labour law units within the MLLR and LLM Degrees. It provides an introduction to the contract of employment and the relevant principles governing the employment relationship, including termination of employment. It then introduces students to the workplace relations framework including collective bargaining and industrial conflict; the modern role of awards and statutory regulation of wages and conditions.
Textbooks
A Stewart, A Forsyth, M Irving, R Johnstone and S McCrystal, Creighton and Stewart's Labour Law, 6th ed, Federation Press, Sydney, 2016
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.
LAWS6096 Work Health and Safety: Law and Policy
Credit points: 6 Teacher/Coordinator: Prof Richard Johnstone Session: Semester 2a Classes: Aug 12, 13 and 26, 27 (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: LAWS6252 or a law degree and LAWS6071 (MLLR students) 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
This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined.
LAWS6105 Child Sexual Abuse: Diverse Perspectives
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Rita Shackel, Prof Judith Cashmore Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: 4500wd essay (60%) and critical review comprising oral presentation (20%) and written paper (20%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: 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 of study examines the socio-legal complexities of responding to child sexual abuse in society. The unit presents students with a theoretical and multidisciplinary framework for understanding and evaluating contemporary issues relevant to child sexual abuse. More specifically the unit of study will analyse the nature of child sexual abuse and the underlying dynamics of such victimisation. Students will critically evaluate different strategies and models directed at identification and prevention of child sexual abuse and critically analyse legal responses to child sexual victimisation.
LAWS6107 Tax Litigation
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Mr Keni Josifoski Session: Intensive October Classes: Sep 29, 30 and Oct 1 and 5, 6 (9-3.30) Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit Assessment: 1hr 1500wd in-semester test (30%) and 3000wd 2.5hr 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
Thousands of tax disputes arise each year in Australia. This unit aims to equip students with the skills to assist in resolving those disputes, both when a proceeding is before a court or tribunal and at the pre-litigation stage. The unit covers the information gathering processes available to the Commissioner of Taxation and taxpayers, the assessment and objection process, review by the Administrative Appeals Tribunal of objection decisions, appeals to the Federal Court, non-Part IVC disputes (including tax debt recovery, promotor penalties, judicial review proceedings, and Constitutional challenges), interlocutory disputes, appeals to the Full Court of the Federal Court, High Court appeals, and State tax litigation in the NSW Supreme Court and NSW Civil and Administrative Tribunal. The general topics of legal professional privilege, the rules of evidence, preparing expert evidence and the difference between questions of law and questions of fact are explored as they relate to tax litigation. A guest lecture is usually given by a judge of the Federal Court of Australia and/or a member of the Administrative Appeals Tribunal and there is a skills lecture on written advocacy in tax disputes.
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.
LAWS6122 Workplace Bargaining
Credit points: 6 Teacher/Coordinator: Ms Nadia Stojanova Session: Semester 2 Classes: The first class will commence on Mon 8 Aug, 6-8.30pm, for 10 weeks. The class schedule will be made available in the unit outline https://www.sydney.edu.au/units and Canvas to enrolled students approximately 4 weeks prior to the first class. 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: LAWS6252 and LAWS6071 Assessment: Option 1: 1500wd legal bulletin (20%) and 6500wd research essay or law reform proposal (80%) or Option 2: 8000wd research essay or law reform proposal (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
The unit will explore the workplace bargaining model under the Fair Work Act 2009 (Cth) within the context of models of collective bargaining used in overseas jurisdictions and Australia's international obligations. The unit will look at the history of collective bargaining in Australia before examining the legislative framework of agreement making, including the legal rules applicable to making and approving enterprise agreements. The unit will examine the rules that pertain to the process of negotiating an agreement, including the circumstances when an employer can be required to engage in collective bargaining and the good faith requirements that apply during bargaining. The unit will also consider the rules that regulate industrial conflict including protected industrial action, unprotected industrial action and dispute resolution, before considering the difficulties of engaging in collective negotiations outside of the formal legislative framework.
Textbooks
McCrystal, Creighton and Forsyth (eds) Collective Bargaining under the Fair Work Act, Federation Press, 2018
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.
LAWS6129 Taxation of Offshore Operations
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Semester 1 Classes: 1x2hr 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 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 assists in successfully completing this unit Assessment: assignment (30%) and 2hr exam or 7500wd 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 examines Australia¿s rules for taxing the income earned from offshore operations. The unit examines the taxation of conducting business and holding investments offshore through foreign branches companies trusts partnerships and hybrid entities. It also examines the repatriation of profits from these entities the treatment of the cost of financing these operations and the consequences of offshore reorganisations and relocations. The unit examines in detail Australia¿s CFC rules transferor trust regime, the FITO regime thin capitalisation rules and foreign hybrid rules.
LAWS6130 Dispute Resolution in Australia
Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin Session: Intensive June Classes: May 16, 17 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 and presentation (Pass/Fail), 3000wd problem question (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma. Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
The unit is designed to give students a broad understanding of the theory, policy and practice of ADR. It will enable students to understand various alternative dispute resolution processes, their advantages and limitations; understand the application of ADR in particular areas of practice: understand key theoretical debates about mediation; be able to advise others about ADR processes; be better participants in ADR processes; be better able to evaluate the possible applications of various dispute resolution methods. The use of ADR in employment and health care disputes will be considered.
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.
LAWS6141 Asia Pacific Environmental Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Saiful Karim Dr Manuel Solis Session: Intensive October Classes: Sep 15-18 (9-5) Assessment: class participation (20%) and 7000wd 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
In this unit, the environmental law and policy of selected countries and regional organisations in the Asia Pacific will be studied against the background of relevant international environmental law and institutions. Unit topics will be divided into four sub-regions: Pacific Island Developing Countries, South East Asia Region ASEAN and Mekong countries, North Asian Region, Japan, Peoples Republic of China, South Asian Region, South Asian Association of Regional Cooperation SAARC Countries. In relation to each region the implications of international and regional environmental law and institutions will be explored followed by country specific case studies involving a range of issues such as biodiversity access to modern energy services, natural resources and environmental planning, industrial pollution, environmental impact assessment, climate change and protection of the marine and coastal environment. Case studies on regional environmental issues such as ASEAN Haze will also be included.
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.
LAWS6161 International Human Rights
Credit points: 6 Teacher/Coordinator: Em Prof Andrew Byrnes Session: Intensive September Classes: Aug 15, 24 and Sep 5, 12. For latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: GOVT6117 Assessment: Option 1: class participation (pass/fail), 2000wd assignment (30%), 2 page essay abstract (non-graded) and 6000wd essay (70%) or Option 2: class participation (pass/fail), essay abstract (non-graded) and 8000wd capstone essay (100%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015. 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 introduces students to the principles and practice of international human rights law - a field of public international law and policy of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: what happens when we regard a situation or predicament as one involving a breach of international human rights law - what possibilities and problems does this entail? Addressing this question, students in this unit will examine: (a) forums where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure. By the end of this unit, students should be able to formulate written and oral arguments by reference to key international human rights law instruments and principles; give strategic advice as to available avenues of recourse in international human rights law; and advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field.
LAWS6165 Biodiversity Law and Heritage Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Semester 1b Classes: Apr 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 Assessment: Option 1: 1500 to 2000wd short essay (25%) and 6000wd essay (75%) or Option 2: 1000wd short essay (15%) and 7000wd capstone essay (85%) Mode of delivery: Block mode
Note: Students enrolled in the MIL and GradDipIL may apply to enrol in this unit, please contact law.postgraduate@sydney.edu.au. 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
Biological diversity is the variability among living organisms and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems. Aside from whatever intrinsic value it may possess, biodiversity is crucial to support human life and welfare. Australia is fortunate to have some of the world's most complex and unique biodiversity unfortunately, also to have one of the highest rates of extinction and loss of biodiversity. Despite a sophisticated system of environmental governance and a relatively high degree of environmental awareness, biodiversity continues to decline rapidly in Australia.
This unit considers the international legal regime related to the protection of biodiversity; how international instruments are incorporated into (or otherwise affect) Australia's regime; and the operation of Australia's regime at both national and state levels (particularly in NSW) - and consideration of various threats to biodiversity, different protection options, and how biodiversity-related considerations affect and are affected by other Environmental Law fields.
National heritage is one of nine matters of national environmental significance protected under Australia’s Environment Protection and Biodiversity Conservation Act. This unit covers conservation of natural and cultural heritage, including intangible, underwater, movable and Australian Aboriginal heritage. International, national, state and local regimes for heritage conservation are examined and considered in the context of broader biodiversity-related environmental decision making.
LAWS6167 International Law II
Credit points: 6 Teacher/Coordinator: Adj Assoc Prof Alison Pert 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: LAWS6243 Assessment: class participation (10%), 4000wd essay (50%) and 3000wd assignment (40%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Compulsory core unit for MIL and GradDipIntLaw students who commenced prior to 1 January 2019.Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study consolidates and builds upon knowledge gained in LAWS6243 International Law I. The relationship between international law and domestic law is explored in depth, both in a comparative perspective and with reference to the impact of international law on Australian law and legal institutions. The unit also addresses specialist topics not covered, or only briefly covered, in LAWS6243 International Law I, which may include a more detailed examination of the limits of state jurisdiction, the role of the individual in international law, international human rights, and the right of states to respond to international wrongs. Other topics of current interest in public international law will also be examined, with students given an appreciation of the role and relevance of international law in major events in contemporary international affairs.
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.
LAWS6192 Young People, Crime and the Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Assoc Prof Garner Clancey Session: Intensive September Classes: Aug 28, 29 & Sep 25, 26 (9-5) Prohibitions: LAWS6069 Assessment: 2000wd essay (35%) and 4000wd essay (65%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit aims to provide a broad overview of the functioning of the juvenile justice system and its relationship to juvenile offending. There is a specific emphasis on NSW in terms of understanding the operation of a particular system, however reference is frequently made to the wider Australian and international context. The unit analyses the historical development of a separate system of juvenile justice and the system of ideas about juvenile delinquency as distinct entities separable from broader notions of criminality and criminal justice. The unit also analyses the contemporary nature of juvenile crime and specific issues in relation to offending, policing, community-based corrections and detention centres. Social relations which mediate between the juvenile justice system and young people will be investigated through a focus on gender, race and class. The broader political determinants surrounding the operation of the juvenile justice system and moral panics in relation to juvenile offending will also be examined. The unit aims to develop a critical understanding of the link between theory and juvenile justice policy, and to develop an appreciation of the multi-disciplinary nature of criminological explanation.
LAWS6193 Criminal Justice: Prevention and Control
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Assoc Prof Garner Clancey Session: Session 1 Early Census Classes: Mar 5, 6 and 19, 20 (9-5) Assessment: Assessment: 2500wd short essay (35%), 5000wd essay (65%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines responses to crime and crime prevention with reference to shifting notions of crime and responsibility for crime. It encourages a critical appreciation of the limitations of criminal justice system responses to crime and the necessity to develop a broader approach to crime prevention policy which responds to economic, social and cultural issues. The unit examines different ways of thinking about criminal justice, such as a means of order maintenance, dispute resolution, or risk management, and the shifting focus towards the prevention of future harms. Specific topics may include: restorative justice specialist courts, privatisation and contractualism, security, policing, and approaches to crime prevention and community safety.
LAWS6197 Policing: Crime, Control and Security
Credit points: 6 Teacher/Coordinator: Prof Murray Lee Session: Intensive October Classes: Sep 23, 24 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: class discussion leadership (20%), essay (50%) and group scenario exercise (30%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit critically examines the power relations that are policing (public and private). It recognizes and builds upon the essential and often problematic role of policing in crime control and security. Major aspects of police work and the discretion on which it depends, are analysed in order to understand the dynamics of social control in an age of risk and security.
LAWS6198 Refugee Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Intensive September Classes: Aug 13, 14 and 20, 21 (9-5) Assessment: 10min class presentation (15%), 2000wd written report (15%) and ungraded 250wd essay outline (if selecting own topic) plus 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Refugee Law provides students with a practical and theoretical understanding of the development and operation of international refugee law and forced migration more broadly. Forced migration is not a new phenomenon. What has changed over the last century is the scale and frequency of the conflagrations causing the mass movement of peoples and the ease with which individuals have become able to move around the world in search of protection. Although Australia¿s experience of direct refugee flows has been limited it has not escaped the phenomenon of mobile refugees Noncitizens who come uninvited and thereafter seek protection as refugees are the source of inordinate public concern and debate. The controversy arises in part from a sense of loss of control of immigration and also from the cost of the processes available to asylum seekers fighting to remain here. Having signed and ratified the key international treaties Australia has assumed certain international legal obligations with respect to refugees. The most important is the obligation not to return or refoule a refugee to a place where she or he faces persecution on one of five grounds. This unit is designed to give students a critical understanding of the international legal regime of refugee protection It begins with an overview of the evolution of refugee law at the international level considering the various conceptualizations of refugeehood that have characterized international agreements from the period of the League of Nations through to the present day. The unit then turns to issues such as the definition of the term refugee under international and regional law the express exclusion of certain persons from refugee status the rights and obligations accorded to refugees the broadening of international protection through principles of human rights and humanitarian law complementary protection and the impact of terrorism on asylum procedures and eligibility. It considers attempts by States to restrict access to asylum through mechanisms such as carrier sanctions interdiction transit processing centres detention and safe third countries to which asylum seekers may be removed. Contemporary protection concerns such as mass influx situations and temporary protection flight from generalized violence and civil war internal displacement burden-sharing and the question of economic migrants and environmental refugees are also addressed. These considerations necessarily require an understanding of the role of international organizations such as UNHCR, the mechanisms in place for refugee status determination and appeals in Australia and abroad and the jurisprudence that has developed internationally and in Australia relating to the qualification and rights of asylum seekers refugees and other persons in need of protection.
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.
LAWS6218 International Humanitarian Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Emily Crawford Session: Intensive June Classes: May 6, 7 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 Prohibitions: LAWS3483 or LAWS5183 Assessment: assignment (20%), 2000wd essay plan (20%) and 6000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
How to limit and regulate violence in times of war or armed conflict is one of the most pressing challenges for international law. This unit introduces you to the principles and practices of international humanitarian law (IHL), also known as the laws of war or the law of armed conflict, including treaty law and customary international humanitarian law. This unit explores: the origins, purposes, sources and critiques of IHL; its scope of application (spatial, temporal and personal); the different types and thresholds of conflict (including international, non-international and transnational conflicts); the status and treatment of combatants and non-combatants and other categories (such as spies, unlawful combatants and terrorists); the permissible means and methods of warfare (including the principles of distinction and proportionality, and prohibitions and restrictions on certain weapons such as chemical, biological and nuclear weapons); the difference in rules governing international armed conflicts (IACs) and those governing non-international armed conflicts (NIACs); the relationship between international human rights law and IHL; and the relationship between the international terrorism suppression regime and IHL.
LAWS6219 International Criminal Law
Credit points: 6 Teacher/Coordinator: Dr Rosemary Grey Session: Semester 1b Classes: Apr 4, 5 and 19, 20 (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: LAWS6896 Assessment: class presentation (15%), 3000wd essay (35%) and 2hr 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
International criminal law concerns the prosecution of individuals, mostly military and political leaders, for genocide, war crimes, crimes against humanity and aggression. After being first enforced in the Nuremberg and Tokyo tribunals after World War II, international criminal law has experienced a resurgence in the past twenty-five years. Today, trials under international criminal law are underway at the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia, and the mechanism that is finishing cases that began in the international criminal tribunals for Rwanda and the former Yugoslavia. This unit provides a foundational knowledge of the principles of international criminal law, with reference to both historic and ongoing trials. Students will consider the roles of investigators, prosecutors, victims, lawyers, defence, judges, and States in international criminal justice, and will consider controversies and challenges facing international criminal courts and tribunals today. The elements of genocide, war crimes, crimes against humanity, modes of liability and defences will be covered, with case studies on sexual violence crimes and the use of child soldiers. The unit also considers the interaction between the International Criminal Court, national governments, and the United Nations Security Council.
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.
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.
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.
LAWS6305 Workplace Investigations
Credit points: 6 Teacher/Coordinator: Ms Kate Peterson Session: Semester 1b Classes: Intro Class: Mar 29 (6-8) then Apr 8, 9 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 Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Labour Law (MLLR students) Assessment: class participation (Pass/Fail), assignment (30%) and assignment (70%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Due to mandatory in-class activities, this unit has a restricted class size and students are expected to attend all scheduled sessions. To avoid disappointments, please complete your enrolment as soon as possible. Places will be allocated to eligible Sydney Law School master's and graduate diploma students on a first come first served basis by applying for departmental permission in Sydney Student. This unit is not available to non-degree or other faculty students. Academic Profile: https://sydney.edu.au/law/about/our-visitors.html.
Lawyers and HR/IR practitioners are increasingly required to deal with complaints of sexual harassment, bullying and discrimination, and address suspected misconduct such as Code of Conduct breaches, fraud/theft, and safety and other breaches. In order to take, and if necessary defend, disciplinary and other action, a proper factual and legal foundation must be established, through a workplace investigation. We also specifically consider how concepts of procedural fairness and natural justice impact a workplace investigation. The unit explores the various stages of a workplace investigation, including: (1) establishing the scope of the investigation and particularizing the alleged complaint or misconduct; (2) conducting interviews and gathering other information; (3) managing participants, including stand down/suspension; (4) evaluating information and making findings applying the relevant standard of proof and legal test(s); and (5) implementing investigation findings.
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.
LAWS6314 Coastal and Marine Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens, Prof Tim Stephens Session: Intensive June Classes: May 7, 8 & 14, 15 (9-5) Assessment: Presentation and 2000wd essay (25%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines legal and policy frameworks for the management of coastal and marine areas in Australia. Topics addressed include the characteristics of Australian coastal and marine environments, the constitutional framework for the management of offshore areas, the regulation of marine pollution, marine parks and reserves, fisheries management, the regulation of offshore oil and gas resource extraction, an introduction to maritime law, and the management of climate change impacts on coastal and marine areas.
LAWS6316 Theories of the Judiciary
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Intensive June Classes: May 21, 22 and 28, 29 (9-5) Assessment: class presentation (20%), 250wd essay outline (0%) and 7500wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The judge has long been an important legal actor in common law countries, but over the past several decades, there has been a rise in judicial power globally, with the proliferation of constitutional courts and the strengthening of judiciaries in countries around the world. This seminar will consider views in jurisprudence which examines the judge, the activity of judging, and the proper role of the judiciary within a legal system and a just society more generally. Among the goals of the seminar are to determine the nature of judicial obligation, how judges ought to decide cases, the arguments for and against judicial review, the role of the judiciary in establishing and maintaining the rule of law, and the relation between the business of courts, politics, and morality.
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.
LAWS6320 Climate Justice and Disaster Law
Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster 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 Assessment: 500wd essay abstract and literature review (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Climate change impacts are already being felt around the world and governments are called upon to reduce greenhouse gas emissions engage in climate change adaptation and disaster risk reduction and respond to the loss and damage caused by climate disasters. Climate disasters demand an integration of multilateral negotiations on emissions reduction and adaptation disaster risk reduction sustainable development. Human Rights and human security Via detailed examination of recent law and policy initiatives from developed and developing countries this unit offers students a unique approach to human and non-human. Climate Justice and its application to all stages of a disaster prevention response recovery and rebuilding and compensation and risk transfer. The role of insurance plays an important part in compensation and risk transfer. The unit of study comprehensively analyses the complexities of climate science economics and their interfaces with the climate law and policy making processes and also provides an in depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change UNFCCC to the 2015 Paris Agreement.
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.
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.
LAWS6327 Crime and Media
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Murray Lee Session: Intensive June Classes: May 7, 8 and 14, 15 (9-5) Assessment: 5-10 min video/visual essay (40%) and 5000wd media analysis project (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit critically explores the complex cultural social and popular intersections between media and crime in the broadest sense Topics covered include news reporting of crime media constructions of offenders and offences moral panic and labelling media and policing reality crime shows surveillance and social control crime television and film crime and social media
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)
LAWS6334 Gender Inequality and Development
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Dr Jeni Klugman Session: Intensive March Classes: Mar 2-5 (9-5) Assessment: class participation (10%), presentation (40%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit is set up around a series of major policy questions central to the gender equality agenda, and linked to the post 2015 international development debates. Following an overview session about global and regional patterns, the unit will tackle a series of major policy challenges in turn, concluding with an examination of major global proposals. The unit will go beyond gender inequality in the labour market to explore patterns of violence and political participation, and the role of quotas, including on corporate boards, among others. Links to legal reform and human rights will be explored. Students will be asked to work on a specific policy challenge, applying and developing the findings discussed in class and in the readings. The unit is designed to facilitate student questioning, engagement and participation. No specific textbook is prescribed. There will normally be 2 to 3 required readings for each day, a paper and/or book chapters and additional readings for greater depth.
LAWS6338 The Nature of the Common Law
Credit points: 6 Teacher/Coordinator: Dr Michael Sevel Session: Intensive June Classes: May 6, 7 and 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 Assessment: Option 1: 1000wd assignment (20%), 250wd essay plan (ungraded) and 7000wd essay (80%) or Option 2: 250wd essay plan (ungraded) and 8000wd essay (100%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The common law is an essential part of the Australian legal system, as well as many others around the world. This unit of study examines the nature of the common law from the point of view of jurisprudence. We will begin with a survey of the classic Common Law Theories developed in England during the seventeenth century; from there, a variety of problems surrounding the common law which these theories made salient, and which still puzzle us today, will be examined. Topics include: the nature and authority of precedent, the distinctiveness of legal reasoning, the nature and questions surrounding the validity of customary law, the relation between the common law and the ideal of the rule of law, among others.
LAWS6343 International Law and Technology
Credit points: 6 Teacher/Coordinator: Dr Rebecca Connolly Session: Intensive May Classes: Apr 27-30 (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: class participation (15%), 1000wd position paper (15%) 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
Advances in technology pose new challenges for international governance. In an increasingly inter-connected world, new technology raises legal issues relating to its use, distribution and control. This unit will focus on the response of the international community to technological progress across the different specialised regimes in international law. The unit will commence with an overview of the framework of international law and international courts and the challenges relating to the regulation of new technology. This unit will then consider the intersection of technology and key specialised regimes in international law, focusing on Trade, Environment, Law of the Sea, Health, Crime, Use of Armed Force and Intellectual Property Rights. The unit will be taught using case studies, allowing students to discuss and analyse specific examples of new technology and international regulation.
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.
LAWS6350 Criminal Law: History and Theory
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Arlie Loughnan Session: Intensive May Classes: Apr 16, 17 and 23, 24 (9-5) Assumed knowledge: undergraduate criminal law or permission given by Unit Coordinator Assessment: class participation (10%), class presentation (20%) 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 critically examines the development of the modern criminal law and process broadly since end eighteenth century. In terms of process, topics to be considered may include: the development of the adversarial trial system, the decline of capital punishment, the formalization of rules of evidence and proof the growth of the summary jurisdiction and the appearance of hybrid civil criminal procedural forms. In terms of criminal law topics may include: non-fatal offences against the person sexual offences possession and endangerment offences. The discussion of these topics is set in the context of legal scholarly discourse criminal law theory and the unit provides opportunity for reflection on the contemporary challenges of coordination and legitimation facing the criminal law. This unit adopts an explicitly critical sociohistorical approach to the study of law. Discussion of relevant legal theoretical scholarship forms a core part of the subject matter of the unit.
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.
LAWS6354 Environ Planning and Impact Assessment Law
Credit points: 6 Teacher/Coordinator: Ms Susan O'Neill, Mr Jeff Smith Session: Semester 1a Classes: Mar 9-12 (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: LAWS6043 or LAWS6045 or LAWS3430 or LAWS5130 Assumed knowledge: students who do not hold an undergraduate law degree must have completed LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit and LAWS6044 Environmental Law and Policy (Environmental Law students only) Assessment: 5000wd essay (50%) and assignment (50%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit has three aims. The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures and environmental planning laws in NSW and at the Commonwealth level. The second aim is to develop a critical understanding of EIA and environmental planning laws by examining their historical, ethical and political dimensions as well as relevant aspects of legal theory. The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to current laws and legal practices.
LAWS6355 Energy and Water Security Law
Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Intensive September Classes: Aug 19, 20 and 26, 27 (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 Assessment: 500wd essay abstract and literature review (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australia’s National Electricity Market and national water trading markets as well as the corporatisation and privatisation of energy and water utilities provide fascinating examples of this.
LAWS6356 Critical Victimology
Credit points: 6 Teacher/Coordinator: Assoc Prof Tyrone Kirchengast Session: Semester 2b Classes: Sep 16, 17 and Nov 4, 5 (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: 20min class presentation (20%), 300wd essay abstract (ungraded) and 7000wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines various perspectives on the recognition of victims of crime as participants in the criminal justice system. This unit examines the victim of crime as a dynamic agent of justice by considering the role of the victim in the development of criminal law, the removal and exclusion of the victim in criminal justice, the rise of the victim rights movement, the development of victim rights and human rights and the contemporary relocation of the victim in common law and statute and as a participant of the criminal trial. It encourages a critical appreciation of the criminal justice system by examining competing theories of victimisation and the attempt to place these theories into a particular policy context. Through a discrete examination of the needs of particular victim groups, law reform inquiries and commissions, and reforms to the criminal trial, this unit will challenge the major assumptions of the removal of the victim from the criminal justice system and will critically evaluate the often incomplete and fragmented way in which victims are granted a level of recognition in the modern justice system on a domestic and international basis.
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.
LAWS6358 Digital Criminology: Tech and Crime
Credit points: 6 Teacher/Coordinator: Dr Carolyn McKay Session: Intensive September Classes: Aug 12, 13 and Sep 9, 10 (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 Assessment: presentation and 3000wd written script (40%), 500wd case study outline (non-graded) and 5000wd case study (60%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
New digital technologies are rapidly emerging as conduits for criminality as well as tools of policing and criminal procedure, and in the infrastructure of punishment. In this unit of study, students will learn about the impacts of technologies on crime and justice: in the commission of new crimes, in law enforcement and regulatory challenges, national security, and digital transformations in court procedure and court space, algorithmic risk assessments, corrections, and in the supervision of offenders. This unit of study draws from socio-legal literature and the emerging field of Digital Criminology to understand the profound shifts occurring in the move from terrestrial to digital environments, and from human 'reality' to augmented, virtual and artificial platforms in the criminal justice system.
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.
LAWS6821 Mediation - Skills and Theory
Credit points: 6 Teacher/Coordinator: Prof Tania Sourdin (Coordinator), Ms Alysoun Boyle Session: Intensive November Classes: Oct 28, 29 and Nov 4, 5 (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: LAWS6935 Assessment: class and role play participation evidenced by reflective journal (formative assessment) (30%) and 5000wd essay (70%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School masters degree or graduate diploma. Students enrolling in this unit need to commit themselves to attending all classes. The skills learning takes place in class and skills are built incrementally from the beginning to the end of the unit. Students cannot catch up on elements they have missed by doing reading outside class - they must participate in all scheduled sessions. If students have a problem with attendance, they should postpone enrolling or withdraw well in advance of the first class so their place can be offered to the next student. To satisfy professional accreditation requirements, this unit cannot be delivered remotely (online). The offering of the unit will be subject to the university response to COVID which relies on the public health advice at the time of classes. Academic Profile: https://sydney.edu.au/law/about/our-visitors.html
This unit will teach you the fundamental skills and theory of mediation. The skills component of the unit is extensive and is the reason for the limited enrolment. The unit is designed to enable interested students to progress to accreditation as mediators (additional external study with coaching and assessment will be required) and the content of the unit is designed to meet the content requirements of the National Mediator Accreditation System. In particular the content of the subject is designed to explore the competency areas required for accreditation and the knowledge, skills and ethical understanding competency framework set out in the National Mediator Accreditation Standards. However, mediation is not simply a procedural template that can be learned and applied to every dispute with benefit. It raises interesting and complex issues of theory and ethics, which will be integrated with the skills components of the unit. Issues of culture, power, mediator neutrality and ethical dilemmas for the mediator will be considered.
Textbooks
Tania Sourdin, Alternative Dispute Resolution (5th ed) 2016 Thomson Reuters
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]
LAWS6827 Legal Responsibility and Philosophy of Mind
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Birch Session: Semester 2 Classes: 1x2hr lecture/week Assessment: 300wd short synopsis on presentation topic plus 10min class presentation (20%) and 7000wd essay (80%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Many legal doctrines in both criminal and civil law depend upon being able to characterise conduct as intentional leading to ascriptions of fault blame or responsibility. Most serious criminal offences depend upon establishing mens rea as a relevant mental element. Civil liability is often dependent upon whether conduct was intended or whether the cause of loss was brought about by either intentional conduct or conduct involving some lesser notion of fault. All of these doctrines make important assumptions about the nature of our mental states and the operation of mind. Many of these assumptions are philosophically controversial and current developments in the philosophy of mind may lead us to reconsider or radically revise our attitudes to the law. The unit will look at contemporary philosophical work on free will consciousness mind and causation and apply this work to present problems in regard to concepts of legal responsibility.
Textbooks
Lowe EJ An Introduction to the Philosophy of Mind Cambridge UP Cambridge 2000
LAWS6836 Precedent, Interpretation and Probability
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Birch Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: structured class presentation (20%) and 7000wd essay (80%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit will examine a number of contemporary debates regarding the nature of legal reasoning. The unit will examine the status of the modern doctrine of precedent and the current state of the Hart/Dworkin/Fish debate in regard to the nature of precedential reasoning. The unit will examine contemporary semantic theory and philosophy of language, and the contribution those fields can make to a proper understanding of the interpretation of legal texts. The unit will also examine the relationship between legal reasoning and moral reasoning and the new legal positivism of writers such as Goldsworthy and Shapiro. In a final segment, the unit will examine legal reasoning in regard to matters of fact, and the current debate as to whether legal fact finding can be modelled using Bayes' theorem and probability theory.
LAWS6837 Morals and the Analysis of Legal Doctrine
Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Birch 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: JURS6023 or JURS6022 Assessment: structured class presentation (20%) and 7000wd essay (80%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit will seek to analyse the central concepts of some of the main areas of civil law, including tort, contract and property from the perspective of a number of contemporary moral theories. The unit will examine the work of moral philosophers in the fields of distributive and corrective justice such as John Rawls, Jules Coleman and Ernest Weinrib. The unit will also consider theories associated with the economic analysis movement in legal philosophy, especially the theories of Richard Posner. The unit will apply moral theories on the one hand, and rational action theories such as the economic analysis view of law on the other, to better understand legal doctrine. In addition to property, contract and civil wrongs, the unit will look at constitutional structures and international law. While considering a wide variety of legal doctrines, the focus of the unit will always be on the way these doctrines are better understood from the perspective of theories of justice or versions of rational action theory.
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
LAWS6839 Critical Issues in Public Health Law
Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Semester 1a Classes: Intro Class: Feb 21 (6-8) then Mar 3, 4 (9-1) and Apr 4, 5, 20 and 22 (9-1).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: 2000wd short response question or short presentation (20%) and 6000wd essay (80%); Option 2: short presentation (20%), 2000wd short response question (20%) and 4500wd essay (60%); Option 3: short presentation (20%), 3500wd essay (40%) and 2500wd take-home exam question (40%) OR Option 4: 3500wd essay (40%) and 4500wd essay (60%) Mode of delivery: Block mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides an introduction to public health law. It begins by asking the question ‘What is public health law’? It explores the historical concerns and conceptual focus of public health law and how they have evolved over time. Next the unit reviews a series of case studies that illustrate the sources of public health law including the impact of international law on access to essential medicines in low income countries and the impact of constitutional rights on governments capacity to protect public health. The case studies illustrate the wide variety of legal issues that arise in public health as well as debates about the appropriate limits for law in protecting health in a liberal democracy and the irreducibly political nature of public health law. The unit then considers three foundational topics in public health law. These are Australia’s legal framework for responding to public health emergencies with a focus on pandemic influenza and other contagious diseases with pandemic potential laws role in regulating sexual health and transmission of STIs and tobacco and nicotine control. Key topics include: The definition and role of public health law Case studies illustrating the sources of public health law. The legal framework for managing pandemic influenza and other acute public health threats. An introduction to tobacco control law and laws role in promoting sexual health. Throughout the unit students will be trained to identify legal issues and to critically evaluate the impact of law on efforts to protect the public’s health with due regard to civil liberties and other competing public and private interests. A flexible assessment regime will allow students to focus on issues of interest within the unit.
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.
LAWS6848 Law, Business and Healthy Lifestyles
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Intensive April Classes: Intro Class: Mar 2 (6-8) then Mar 12, 13 & Apr 20, 21 (9-5) Assessment: Option 1: one short response question (20%) and 6000wd essay (80%) or Option 2: one short response question (20%), 3000-3500wd essay (40%) and one take-home exam question (40%) or Option 3: one short response question (20%) and two 3000-3500wd essays (80%) Mode of delivery: Block mode
Note: For 2020 only, this unit will be a substitute for the MHL core units, LAWS6058 Information Rights in Health Care or LAWS6839 Critical Issues in Public Health Law.
Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit is about legal and regulatory responses to tobacco use, obesity, poor diet, harmful use of alcohol and sedentary lifestyle - the leading causes of preventable disease in Australia, in high-income countries generally, and increasingly, in developing economies. Cancer, heart disease, stroke, diabetes and tobacco-related diseases (known as 'non-communicable diseases' or NCDs) are society's greatest killers. But what can law do - and what should law be doing - to prevent them? Unlike other health threats, NCDs and their risk factors are partly caused by consumer choices that are lived out every day across the country. The challenge of encouraging healthier lifestyles cannot be separated, then, from the regulation of the businesses that all too often have a vested interest in unhealthy lifestyles. Law's relationship with smoking, alcohol and food is complex and contested. Nevertheless, governments around the world are experimenting with a wide range of legal strategies to encourage healthier lifestyles. This unit will focus on developments in Australia and the United States, placing legal developments in these countries in an international context. During the course, we will confront some important over-arching questions. What are the global determinants of NCDs, and to what extent are global solutions needed? What do global solutions look like? To what extent should law intervene to influence the behaviour of populations-as distinct from treating lifestyle-related risk factors as the personal responsibility of each individual? Does a regulatory approach to the prevention of NCDs imply coercion? Does it signal the emergence of the 'nanny state'? Does progress depend on motivating people to consciously improve their habits and lifestyles? Is it possible to regulate business without micro-managing or dictating commercial decisions and 'legislating the recipe for tomato ketchup?' Throughout the unit, students will be encouraged to explore the tension between personal responsibility and freedom, and the broader public interest in a healthy population and a productive economy. Key topics include: Frameworks for thinking about law, and environments that support healthier lifestyles; Global health governance and the prevention of non-communicable diseases; Tobacco control: where to from here? Personal responsibility for health, and law's role; Regulating alcohol; Obesity prevention; and Law's role in improving diet and nutrition, and encouraging active living.
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.
LAWS6856 International Counter-Terrorism Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Ben Saul Session: Intensive October Classes: Sep 20, 21 and Sep 30, Oct 1 (9-5) Prohibitions: CISS6011 or LAWS3483 Assumed knowledge: Students should have either completed LAWS6243 International Law I or have an understanding in at least one of the following areas: public or a specialised area of international law or criminal law or criminology or human rights or security and conflict studies acquired through university studies and/or relevant professional experience. Assessment: 5000wd assignment (50%) and 3000wd assignment (50%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php
This unit explores how international law has confronted terrorist violence from the mid-19th century to the present, including under transnational and international criminal law, the law on the use of military force, the law of armed conflict, human rights law, measures adopted by the United Nations Security Council and General Assembly, and the law of state responsibility. It considers controversies about the (in)adequacy of the law in areas such as `targeted killings' (or extrajudicial assassinations?), aerial drones, detention and trial of suspects, `irregular renditions' (illegal abductions?), `enhanced interrogation' (torture?), `shoot to kill' policies, foreign terrorist fighters and citizen stripping, mass surveillance and privacy, and public emergency laws. Selected regional laws (in Europe, the Americas, Asia and Africa) and national laws (particularly in Australia, the UK and the US) implementing international obligations are also considered. The study of terrorism, and the law's response to it, is ultimately a study of when violence is justified, against whom, and for what purposes ¿ whether it is `freedom fighters' or `state terrorism', or extreme religious challenges to secular norms, at issue.
LAWS6862 Hate Crime
Credit points: 6 Teacher/Coordinator: Prof Gail Mason Session: Intensive April Classes: Mar 11, 12 and 25, 26 (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: 2000wd assignment (25%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Hate crime has emerged as a global problem in the last few decades. Yet the concept itself is controversial. This unit aims to trace the development of the socio-legal concept of hate crime, causal explanations for hate crime and the different ways in which it is regulated. The unit will examine some the major forms of hate crime, including racist, ethno-religious and homophobic violence, with a focus on contemporary debates, such as: is violence against women a form of hate crime; should paedophiles be a protected category; should hate crimes attract higher punishment than other crimes? The unit will critically assess the international geography of hate crime law, making comparisons between Australia, the UK and the US. The unit will seek to provoke debate about how we should define and combat the problem of hate crime.
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.
LAWS6877 Mental Illness: Law and Policy
Credit points: 6 Teacher/Coordinator: Dr Christopher Rudge Session: Semester 2b Classes: Sep 2, 3 and Oct 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: 3500wd assignment (40%) and two page research paper outline (non-graded) and 4500wd research paper 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 deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.
LAWS6879 Japanese Law
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Intensive March Classes: Intro Class: Jan 28 (5-7) in Sydney then Feb 3-7 in Kyoto and/or Feb 10 & 12 in Tokyo (select 4 days) Assessment: 1000wd reflective notes (2x10%), 7000wd essay (80%) Practical field work: Kyoto (and, with pre-approval, Tokyo), Japan Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students may also substitute one or two days from Feb 12 and 13 in Tokyo. Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
This unit provides an introduction to Japanese law in global context, focusing on its interaction with civil justice, criminal justice, business, politics, consumers, gender, the legal professions and pop culture. It is taught intensively at Ritsumeikan University campuses in Kyoto and Tokyo (http://www.ritsumei.ac.jp/japanese-law/kyoto-seminar/). Students are encouraged to take all classes taught in Kyoto (24 hours), but can also substitute up to 12 hours of classes taught in Tokyo (with more of a business law focus) subject to pre-approval by the Coordinator. Lecturers include academics from Ritsumeikan and other leading Japanese universities, as well as from Australia (especially from The University of Sydney, Queensland University of Technology and Western Australia), with guest lectures by prominent practitioners and a field study to a local bar association and/or the courts. Students will also interact with participants from Japanese, Australian and other universities or institutions taking this unit, supported by the Australian Network for Japanese Law (sydney.edu.au/law/anjel).
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.
LAWS6888 Risk, Fear and Insecurity
This unit of study is not available in 2022
Credit points: 6 Teacher/Coordinator: Prof Murray Lee Session: Intensive September Classes: Aug 13, 14 and 20, 21 (9-5) Assessment: 5-10min pre-recorded presentation (20%), 1500wd presentation script (20%) and 5000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit considers the significance of anxiety, 'fear of crime', risk and insecurity in the late modern world. It uses sophisticated analytical tools to discuss both the supposed growth in 'fear of crime' and the emergence of an array of technologies aimed at the reduction of crime risks. It also critically examines just what 'fear of crime' might actually be and how newspapers, security products, and insurance can be sold to us using the hook of our own anxieties. It also examines the anxieties related to terrorism and threats to national security and sovereignty.
Textbooks
Lee, M (2007) Inventing Fear of Crime, Willan, Devon
LAWS6889 Death Law
Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Semester 1b Classes: Apr 13, 14 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 Assessment: 20min class presentation (20%) and 7000wd assignment (80%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Western attitudes toward death have undergone a remarkable transformation in the last century. For many, death now takes place in the hospital or the hospice following the decision of a doctor to cease providing treatment. As the management of death has passed from the family to health care professionals, it now makes sense to regard the moment and circumstances of death as largely medical phenomena. Moreover, as 'autonomy' has taken a dominant place amongst ethical values, it also makes sense to describe and measure death in terms of its 'acceptability' both to the dying person and his or her survivors. In tandem with these changes, technological innovations have transformed the dead or dying body into a potential source of valuable (and recyclable) biological material. These developments have thrown up new and urgent challenges for legal understandings about the timing of, and criminal responsibility for causing, death both within and outside medical settings. These developments have also disturbed conventional understandings of the corpse as sacred. Topics to be covered may include: death in contemporary Australia, the legal definition of life and death, medical futility and the concept of 'lives not worth living', euthanasia (with and without request), physician-assisted suicide, refusing and withholding life-prolonging treatment in adults and children, the Shipman/Patel scandals, ownership of the corpse and body parts, dead donor organ transplantation, organ sale and theft, posthumous reproduction, 'mercy' killing outside medical settings and the jurisdiction of the Coroner. The unit will interrogate these and other contemporary challenges for the law relating to death and dying both within Australia and, where appropriate, other selected comparator jurisdictions (US, UK and Canada). These will be mapped against socio-historical understandings of the changing meaning of death, dying and serious disability in Western societies, and students will be encouraged to reflect on the broader legal implications of these developments.
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.
LAWS6921 Comparative Climate Law
Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Intensive November Classes: Oct 14, 15 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 Assessment: class presentation (10%), essay abstract (10%) and 7000wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit adopts a comparative approach to understanding the dynamics of one of the most pressing global environmental concerns - global climate change. The objective is to provide postgraduate and undergraduate students with an understanding of the legal frameworks governing one of the most pressing global issues - climate change. The outcomes include detailed knowledge and comparative analysis imparted by some of the world's leading climate law academics. In particular, the overarching international legal framework - the United Nations Framework Convention on Climate Change and its successors especially the 2015 Paris Agreement - will be discussed in detail. The unit will critically assess progress in meeting the aims of the Paris Agreement. The three largest international emitters are China, the United States, and the European Union. The legal and policy responses of these three jurisdictions will be critically analysed and compared. An Australian case study is set against international legal obligations and the efforts in the highest emitting jurisdictions. Students will engage with academic literature, lectures presented in mixed media formats, small group discussion and they will be given the opportunity to contribute original research by way of the research assignment.
LAWS6928 Courts, Justice and Development
Credit points: 6 Teacher/Coordinator: Adj Prof Livingston Armytage Session: Intensive June Classes: May 2-5 (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: LAWS3478 or LAWS5178 Assessment: class participation (10%), journal (10%) and 2 x 3000wd essays (2 x 40%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html
This unit provides a critical overview to law and justice reform in international development. It analyses the global reform experience over the past half-century. It interrogates the nature and justification(s) of reform theory, studies the empirical evidence of various approaches, and examines the conceptual/practical challenges of evaluating development endeavour, using case studies from the Asia/Pacific region. Students enrolling in this unit will develop an evidence-based understanding of the use of law and justice reform in broader development strategies.
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.
LAWS6970 Forensic Psychology
Credit points: 6 Teacher/Coordinator: Dr Helen Paterson 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 Prohibitions: PSYC1001 or PSYC3020 Assessment: class participation (10%), 3500-4000wd essay (40%) and 2hr exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Forensic psychology is the application of psychological knowledge and theories to all aspects of the criminal and civil justice systems. It is currently one of the fastest developing and most popular aspects of psychology. In this unit we will draw upon psychological evidence to explain and understand some of the people and processes involved in the legal system. Through a series of interactive seminars, we will discuss topics such as lie detection, profiling, interviewing, jury deliberation, eyewitness memory, criminal offenders, victims of crime, and police officers.
LAWS6974 Development, Law and Human Rights
This unit of study is not available in 2022
Credit points: 12 Teacher/Coordinator: Prof David Kinley Session: Intensive February Classes: Jan 26-Feb 8 Assessment: assignment (30%) and 8000wd essay (70%) Practical field work: Field School in Nepal Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Students cannot enrol directly into this unit in Sydney Student. Enrolment instructions will be provided upon successful registration. See https://canvas.sydney.edu.au/courses/4533/pages/experiential-learning-offshore-study. Academic Profile https://sydney.edu.au/law/about/people/list.php.
This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include: The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences); The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law; The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies; The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and The experience of women in development and human rights processes. The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.
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.
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.
LAWS6837 Morals and the Analysis of Legal Doctrine
Credit points: 6 Teacher/Coordinator: Adj Prof Christopher Birch 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: JURS6023 or JURS6022 Assessment: structured class presentation (20%) and 7000wd essay (80%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit will seek to analyse the central concepts of some of the main areas of civil law, including tort, contract and property from the perspective of a number of contemporary moral theories. The unit will examine the work of moral philosophers in the fields of distributive and corrective justice such as John Rawls, Jules Coleman and Ernest Weinrib. The unit will also consider theories associated with the economic analysis movement in legal philosophy, especially the theories of Richard Posner. The unit will apply moral theories on the one hand, and rational action theories such as the economic analysis view of law on the other, to better understand legal doctrine. In addition to property, contract and civil wrongs, the unit will look at constitutional structures and international law. While considering a wide variety of legal doctrines, the focus of the unit will always be on the way these doctrines are better understood from the perspective of theories of justice or versions of rational action theory.
Master of Laws
The following units are only available to students undertaking the Master of Laws
LAWS6147 Independent Research Project
Credit points: 6 Teacher/Coordinator: Supervised by an appointed Sydney Law School academic staff member Session: Semester 1,Semester 2 Assessment: 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.