University of Sydney Handbooks - 2018 Archive

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Business Law Descriptions

1000-level units of study

CLAW1001 Foundations of Business Law

Credit points: 6 Session: Semester 1,Semester 2 Classes: Two hours of lectures and a one hour tutorial per week Prohibitions: CLAW2214 Assessment: tutorial assessment (10%), mid-semester exam (15%), assignment (25%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
The entire fabric of commerce is woven from a complex legal regime, judicial and statutory, which regulates all commercial activity. Every decision in business, and every transaction and relationship is made in the context of this legal regime. The aim of Foundations of Business Law is to introduce the students to the legal framework and regulatory systems which underlie all business activity and to expose them to the legal implications of commercial conduct. This unit of study introduces the Australian legal system and key areas of substantive business law including contracts, torts (in particular negligence and privacy), property and securities, white collar crime, intellectual property, competition and consumer law (in particular advertising, product liability and unfair contracts), business structures and operations, misleading and unconscionable conduct and dispute resolution.
CLAW1003 Company Law

Credit points: 6 Session: Semester 2 Classes: 1 x 3hr seminar per week Prerequisites: CLAW1001 Prohibitions: CLAW2214; CLAW2201 Assessment: mid-semester exam (20%), assignment (20%), class participation (10%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
Companies exist in all parts of business and society. All who wish to participate effectively in a business environment need to understand the general nature and operation of companies. This unit focuses on key company law issues relevant to business. Students learn about the process and effects of incorporation; the roles, rights and responsibilities of directors and members; and the ways in which the activities of companies are regulated. Each of these topics is addressed in an interactive setting, with case studies relating to current business developments forming an integral part of the learning activities in this unit.

2000-level units of study

CLAW2202 Business Failure and Restructuring

Credit points: 6 Session: Semester 2 Classes: Three hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: CLAW2201 or CLAW1003 or CLAW2214 Assessment: class participation (15%), class test (25%), presentation (25%), presentation questions (15%), final exam (20%) Mode of delivery: Normal (lecture/lab/tutorial) day
Financial difficulty is an ever present reality for individuals and businesses. This unit addresses corporate insolvency and the bankruptcy of individuals and their consequences, and legal and commercial strategies for financial rehabilitation. The focus of the unit is corporate insolvency and the forms of external administration (receivership, voluntary administration, deeds of company arrangement, schemes of arrangements and winding up) designed to either rescue the corporation or, if this is not possible, to provide a fair and orderly process for dealing with its property. Particular emphasis is given to rescue and reconstruction under voluntary administration. Director's duties in the insolvency context, and corporate group and cross-border insolvency, are also discussed.
CLAW2203 Regulation of Securities Markets

Credit points: 6 Session: Semester 1 Classes: Three hours of classes per week, which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: CLAW2201 or CLAW1003 or CLAW2214 Assessment: class participation (10%), presentation (5%), group paper (10%), research paper (35%), mid-semester exam (20%), final exam (20%) Mode of delivery: Normal (lecture/lab/tutorial) day
As securities markets become increasingly sophisticated, understanding the manner in which they are regulated is essential. This unit examines the regulation of securities markets and the legal and industry controls governing their operation. Detailed consideration is given to the Australian Securities and Investments Commission's powers and responsibilities, including the areas of: financial service providers, short selling, insider trading and other market misconduct, market integrity, corporate governance, disclosure and proposals to reform the regulatory environment. The roles of other institutions such as the Australian Securities Exchange and the status and enforcement of its listing rules are explored. Current issues in the international regulation of securities markets are also addressed.
CLAW2205 Competition and Consumer Law

Credit points: 6 Session: Semester 1 Classes: Three hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: CLAW1001 or CLAW2214 Assessment: individual research assignment (30%), team research assignment (30%), final exam (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
Competition and consumer law impacts on everyone and on every business. This unit examines provisions in the Competition and Consumer Act 2010 (Cwth) that regulate a range of business activities, including, dealings between businesses and with consumers, pricing, advertising and unfair practices. The focus will be on current enforcement priorities of the Australian Competition and Consumer Commission and topics covered will include: cartel conduct, misuse of market power, vertical restraints on competition, anti-competitive acquisitions and key aspects of Australian consumer law including: product safety, consumer guarantees, unfair contract terms, unconscionable conduct and misleading or deceptive conduct. Students will analyse legal and business issues involving competition and consumer law arising from given fact situations and real-world contexts to increase awareness of legal risk situations in business and understanding of how these risks may be managed.
CLAW2208 Business Regulation, Risk and Compliance

Credit points: 6 Session: Semester 1 Classes: Three hours of classes per week, which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: 24 credit points of study Assessment: engagement and participation (10%), research assignment (40%), presentation (25%), in-class test (10%), in-class test (15%) Mode of delivery: Normal (lecture/lab/tutorial) day
Over recent years there has been a dramatic rise in the volume and reach of regulation in response to a variety of social, environmental and economic issues. Much of this regulation impacts on business, and its management who are, increasingly, personally liable. This unit has been designed to provide students with a comprehensive overview of the overall regulatory infrastructure which impacts on all faculty disciplines. Business Regulation, Risk and Compliance addresses self-regulation as an alternative to regulation by law; the regulatory process and the scope for business to influence regulatory initiatives; the alternative regulatory instruments; the executive arm of government - the bureaucracy - and the avenues for challenging administrative decisions; the investigative and enforcement powers of the major regulatory agencies - ACCC, ATO and ASIC; personal and corporate liability for regulatory breach; indemnification; whistleblowing and whistle-blower protection: regulatory compliance with special reference to Australian Standard AS3806-2006 on Compliance Standards and the strategies which facilitate legal action including class actions and litigation funding as well as the major alternatives to litigation including arbitration and alternative dispute resolution with particular emphasis on mediation.
CLAW2209 Intellectual Property for Business

Credit points: 6 Session: Semester 2 Classes: Three hours of classes per week, which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: 24 credit points of study Assessment: class participation (10%), case study (15%), presentation (25%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
Innovation is a key driver of business. This unit addresses the intellectual property regime - the statutory and common law mechanisms that recognise and protect creative effort and proprietary knowledge and reward innovation. The intellectual property rights available under the law are discussed but the focus is on the commercial implications of the IP regime. This unit covers not only the protection and enforcement of Intellectual Property Rights [IPRs] but also their commercialisation and the management. The unit outlines the key IPRs granted by the statutory IP regimes - trademarks, copyright, designs and patents - as well as the common law protection of confidential information and trade secrets. The protection of trade designations, branding and character merchandising through the statutory misleading or deceptive conduct action is also covered as is the protection of business goodwill through restraint of trade covenants. The ownership of IP, its protection internationally and its commercialisation through licensing and technology transfers are also discussed.
CLAW2211 Commercial Practice in China

Credit points: 6 Session: Semester 2 Classes: Three hours of classes per week, which may include one or more of the following: lectures; seminars; tutorials or workshops. Prerequisites: 24 credit points of study Assessment: mid-semester exam (25%), group presentation (15%), proposal of research paper (10%), research paper (40%), class participation (10%) Mode of delivery: Normal (lecture/lab/tutorial) day
China is currently the second biggest economy in the world and is Australia's most important trading partner. Australian businesses are increasingly engaging with China. This Unit of Study addresses the frequently asked questions of what underpins commercial practice in China and how to do business with China. It explores China's unique business environment, which has resulted from its culture, history and demography, and examines the business regulations, tax system, and the administrative and compliance issues businesses will face when carrying on business with China. The Unit first outlines the Chinese business environment in terms of culture, history, economics, demography, and government administration. It then provides students with an understanding of the legal environment that businesses will face in China. Through a hypothetical case study, different aspects of commercial practice in China such as contract, entity structure, mergers and acquisition, property and intellectual property rights, the tax system, different tax types and associated international issues, and social insurance are analysed.
CLAW2212 Franchising

Credit points: 6 Session: Semester 2 Classes: Three hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: 24 credit points of study Assessment: engagement and participation (10%), in-class test (10%), in-class test (15%), presentation (25%), research assignment (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
Franchising is an increasingly popular business model in Australia and internationally which offers an effective strategy for expanding an existing business or entering an industry. It is rapidly becoming the dominating force in the distribution of goods and services. This unit examines the nature, development and operation of franchising and its growing influence in Australia and overseas. It addresses key legal and commercial issues in establishing, structuring and managing franchise systems as well as legal and commercial issues arising in the course of the continuing business relationship. Particular emphasis is placed on franchising development in the ASEAN countries.
CLAW2213 Legal Regulation of Int'l Business

Credit points: 6 Session: Semester 2 Classes: Three hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: 24 credit points of study Assessment: presentation (20%), mid-semester test (40%), research paper (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
The global architecture of international trade and business sets the parameters within which countries and businesses interact with each other across borders. All those involved in trade or investment activities that may result in cross border transactions should be aware of the regulatory dimensions of that global system. The system informs trade and investment policy as well as the regulation of particular business transactions. This can lead to new markets or limit certain business activities. It can result in new regulation and laws and provides avenues to resolve disputes between countries and businesses and between businesses and businesses. The international regulatory system has different dimensions. These can be described as the multilateral system; bilateral agreements and trading blocs; conventions governing transactions; international regulatory bodies and self regulatory bodies. This unit will introduce students to aspects of this international system. Students will explore institutions and instruments of the system and how they fit together. There will be opportunities for students to examine how this impacts on regulatory policy and current negotiations.

3000-level units of study

CLAW3201 Australian Taxation System

Credit points: 6 Session: Semester 1,Semester 2 Classes: Two hours of lectures and a one hour tutorial per week Prerequisites: CLAW1003 or CLAW2201 or CLAW2214 Assessment: tutorial assessment (10%), tutorial participation (10%), mid-semester test (15%), case analysis (15%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit is an introduction to Australia's taxation law. It commences with an overview of the Australian tax system, discusses contemporary tax issues and then deals with specific topics, including: the basis of liability to Australian income tax, concepts of residence and source of income, concepts of ordinary and statutory income (including capital gains tax), tax accounting, taxation of fringe benefits, and allowable deductions. It concludes with a study of the general anti-avoidance sections. The taxation of companies, partnerships and trusts, and international taxation are studied in depth in CLAW3202 which, together with this unit, is a solid basis to prepare students for an important aspect of professional accounting practice.
CLAW3202 Tax Strategies for Business

Credit points: 6 Session: Semester 2 Classes: Three hours of classes per week, which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: CLAW3201 Prohibitions: CLAW3002 Assessment: tutorial assessments (30%), group project (30%), final examination (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit builds on CLAW3201 and deals with taxation issues in a business environment, including taxation of companies and corporate groups, taxation of partnerships and trusts, taxation of shareholders including dividend imputation tax, capital gains tax application to shares and other interests in companies, capital allowance and treatment of intellectual property. This unit also covers taxation issues of international business and investment, including taxation of cross-border transactions of both residents and non-residents, taxation of multinational corporations, tax treaties, transfer pricing and international tax avoidance. The unit emphasises the practical applications of the tax law on businesses and investment. Together with CLAW3201, this unit is a solid basis to prepare students for an important aspect of professional accounting practice.
CLAW3206 Regulation of Mergers and Acquisitions

Credit points: 6 Session: Semester 2 Classes: Three hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: CLAW1003 or CLAW2201 or CLAW2214 Assessment: Case note presentation (10%), executive report (20%), group presentation (20%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
Mergers, acquisitions and takeovers are increasingly important strategies for Australian companies which raise significant legal issues. This unit aims to give students a sound understanding of the legal issues involved in mergers and acquisitions from both corporations law and competition law perspectives and their impact on commercial strategies. Competition issues under the Competition and Consumer Act 2010 (Cth) as well as corporate governance issues under the Corporations Act 2001 (Cth) are explored. Bid planning (including tactics involved in initiating a takeover bid and defensive strategies and tactics), directors duties, prohibited market conduct and the role of ASIC and the Takeovers Panel are also covered. This unit also considers mergers using schemes of arrangement.
CLAW3207 Legal Regulation of Employment

Credit points: 6 Session: Semester 1 Classes: Three hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: 24 credit points of study; including CLAW1001 or CLAW2214 Assessment: participation and engagement (10%), discussion forum (10%), research paper (30%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
The regulation of employment affects every business enterprise. Compliance with the laws impacting on employment is a vital component of business management. The aim of this unit is to introduce students to the legal and regulatory frameworks that underlie all employment practices (employee management, treatment and performance, as well as hiring and dismissals). The unit is designed to develop students' awareness of regulatory compliance issues that arise from employment practices and is taught in the context of the challenges faced by modern businesses in managing employees. The unit focuses on key areas of substantive employment regulation including Anti-Discrimination Law, termination of employment, freedom of association, and employment privacy. Discussion topics include: indirect discrimination, workplace harassment (including sexual harassment), bullying, and unfair dismissal; as well as various sports and entertainment case-studies. International employment law standards, public sector employment, and employment ethics, are also addressed.
Textbooks
A. Stewart et al, Creighton and Stewart's Labour Law, 6th Ed, The Federation Press, 2016.
CLAW3208 Corporate Crime and Business

Credit points: 6 Session: Semester 1 Classes: Three hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops Prerequisites: CLAW1003 or CLAW2201 or CLAW2214 Assessment: assignment (25%), presentation (15%), participation and engagement (10%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
Corporate crime is a global problem and has a significant effect on companies and participants in business. It can result in direct financial losses; the imposition of regulation, scrutiny and compliance obligations; as well as indirect industry and reputational damage. Accordingly, all managers benefit from an understanding of corporate crime and its impacts. Corporate crimes are: crimes committed against companies (often by their own employees or managers); crimes committed by companies against others (including members of the public, the environment, creditors, investors and competing companies); and "white collar" crimes undertaken within companies by senior executives and managers for their own benefit. All three forms of corporate crime will be studied in this unit. Students will also explore the manner in which companies can be criminally liable, as well as regulatory approaches to the prevention, detection and prosecution of corporate crime. Particular corporate crimes such insider trading will be considered in detail, and case studies of high profile examples of corporate crime will be a significant focus in this unit.
CLAW3209 The Environment, Law and Business

Credit points: 6 Session: Semester 1 Classes: interactive 3-hour seminars involving lectures, student presentations and critiques, and class discussions. Assessment: class discussion leading on seminal reading (10%); in-class test (20%); research project proposal presentation (10%); critique (10%); individual research project (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
The relationship between the natural environment and business practice is deep and complex, and a multiplicity of regulatory initiatives have been employed in an attempt to manage and influence their interaction. This unit of study aims to demystify environmental regulation as far as it is relevant to the running of a business. It begins with an analysis of the contemporary institutional framework surrounding the interaction between business and the environment with particular reference to the historical conditions which have given rise to it, before introducing major stakeholders in the development of environmental and business regulation (including nation states, international organisations and other non-state actors) and their respective roles. The unit then discusses international environmental regulation and situates Australian regulation within it in order to explain its impact on Australian businesses. The effectiveness of different regulatory styles in this area is assessed together with the argument that business can and should take ownership of problematic elements of their interactions with the natural environment. Different strategies developed to `manage¿ a business¿ relationship with the environment and issues surrounding liability for environmental damage are also considered.
CLAW3210 Banking and Financial Law

Credit points: 6 Session: Semester 1 Classes: 1 x 3hr seminar per week Prerequisites: completion of at least 48 credit points Prohibitions: CLAW2204 Assessment: mid-semester exam (25%), case study / research (25%), final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
Banks and financial institutions are central to the stability, efficiency and wealth of modern economies and businesses. This unit focuses on the impact of national and international financial regulation on banking contracts, bank secrecy, money laundering and fraud. Students become familiar with legal risks in commercial and investment banking, by examining the complex relationships and legal duties of the various parties engaged in modern finance. Topics covered include electronic banking, international trade finance and securitisation. The unit assists students to understand how the law is applied in practice through the use of case studies. Special emphasis is placed on how banking disputes may be resolved.
CLAW3600 Business Law in Practice

Credit points: 6 Session: Semester 2 Classes: 1 x 3hr seminar per week Prerequisites: completion of at least 120 credit points including 3 x CLAW 2000 level units and 1 x CLAW 3000 level unit Assessment: individual assignment (30%), group assignment (30%), final exam (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
Note: This unit should only be undertaken by students in their final semester of the Business Law major.
This unit bridges the gap between theory and practice by integrating knowledge and consolidating key skills developed across the study of business law. It provides students with practical experience in applying business law to solve contemporary business issues. This includes being able to recognise how a knowledge of business law can facilitate the identification and development of new commercial opportunities. Much of this unit is dedicated to a problem-based experiential approach to learning. Students ensure their career-readiness by demonstrating their ability to apply business law concepts and legal method to authentic problems.

4000-level units of study

BUSS4000 Honours in Business

Session: Semester 1,Semester 2 Prerequisites: BUSS4001 AND 2 x Honours coursework units in the specialisation area ((BUSS4112 and BUSS4113) or (BUSS4212 and BUSS4213) or (BUSS4312 and BUSS4313) or (BUSS4412 and BUSS4413) or (BUSS4512 and BUSS4513) or (BUSS4612 and BUSS4613) or (BUSS4712 and BUSS4713) or (BUSS4812 and BUSS4813)). Corequisites: BUSS4104 Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
This unit is administrative only and serves as a consolidation for all marks to represent a single final mark for students undertaking Honours. Marks will be calculated as follows: BUSS4001 (20%); BUSS4X12 (10%); BUSS4X13 (10%); BUSS4104 (60%).
BUSS4001 Business Honours Research Methods

Credit points: 12 Session: Semester 1 Prerequisites: Students must meet the entry requirements to the Honours program, including completion of a pass undergraduate degree and a major in the specialisation area Assessment: research methodology assessment (50%), research proposal development (50%) Mode of delivery: Block mode
This unit is an introduction to research methods used in business disciplines. The unit provides students with an understanding of the range of methods that may be used to answer research questions, their strengths and weakness and underlying philosophical assumptions. Key elements of the research process are addressed, including the purpose of the research; devising the research questions and hypotheses; selecting a research strategy; methods and procedures for data collection and analysis; and interpreting and reporting the results. Students learn important research terminology, how to write a research proposal and ethical considerations in conducting research.
BUSS4712 Business Law Honours A

Credit points: 6 Session: Semester 1 Prerequisites: Students must meet the entry requirements to the Honours program, including completion of a pass undergraduate degree and a major in the specialisation area Corequisites: BUSS4001; BUSS4713 Assessment: essay (30%), final exam (70%) Mode of delivery: Block mode
This is a compulsory Honours coursework unit offered to Business Law Honours students. The aim of the unit is to give students an understanding of jurisprudence and regulatory theory relating to business, in preparation for writing their dissertations.
BUSS4713 Business Law Honours B

Credit points: 6 Session: Semester 1 Prerequisites: Students must meet the entry requirements to the Honours program, including completion of a pass undergraduate degree and a major in the specialisation area Corequisites: BUSS4001; BUSS4712 Assessment: essay (50%), participation (10%), and final exam (40%) Mode of delivery: Block mode
This is a compulsory Honours coursework unit offered to Business Law Honours students. The aim of the unit is to teach students legal research skills and research management skills in preparation for writing their dissertations.
BUSS4104 Business Honours Thesis

Credit points: 24 Session: Semester 2 Prerequisites: BUSS4001 + 2 x Honours coursework units in the specialisation area Corequisites: BUSS4000 Assessment: individual thesis (100%), oral thesis communication (0%) Mode of delivery: Supervision
This unit comprises the research and writing of a supervised thesis on an approved topic in business. A written Honours Thesis and presentation of the research work is undertaken.