University of Sydney Handbooks - 2021 Archive

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Business Law

The units of study listed in the following table are those available for the current. Students may also include any units of study, which are additional to those currently listed, which appear under these subject areas in the Business School handbook/website in subsequent years (subject to any prerequisite or prohibition rules).

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.
 

Table A - The University of Sydney Business School

Business Law

1000-level units of study

CLAW1001 Foundations of Business Law

Credit points: 6 Session: Semester 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prohibitions: CLAW2214 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: CLAW1001 Prohibitions: CLAW2214 or CLAW2201 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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 1 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: CLAW2201 or CLAW1003 or CLAW2214 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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.
CLAW2205 Competition and Consumer Law

Credit points: 6 Session: Semester 1 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: CLAW1001 or CLAW2214 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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.
CLAW2207 Business, Ethics and the Law

Credit points: 6 Session: Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: CLAW1001 or CLAW2214 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
Australian businesses operate in a complex regulatory environment that imposes legal obligations on business conduct. Society is increasingly demanding ethical and social responsibility from business, its managers and their professional advisers. This unit analyses the relationship between business, ethics and the law. This unit applies ethical philosophies to case studies in order to explore the types of decisions made by professionals and business managers. The unit examines the professional and legal obligations of accountants, auditors and lawyers and the interaction of these professionals with company officers. The unit aims to assist students to understand and apply ethics to their professional life and to governance in business.
CLAW2208 Business Regulation, Risk and Compliance

Credit points: 6 Session: Semester 1 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: Completion of at least 24 credit points of study Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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 1 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: Completion of at least 24 credit points of study Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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 their 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: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: Completion of at least 24 credit points of study Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: Completion of at least 24 credit points of study Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: Completion of at least 24 credit points of study Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: CLAW1003 or CLAW2201 or CLAW2214 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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 Business Tax Strategy in Digital Economy

Credit points: 6 Session: Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
The digital economy provides new challenges as well as planning opportunities for multinational enterprises to design their tax strategies. This unit provides an overview of the international tax issues arising from the digital economy, discusses the underlying principles and rules, and analyses the tax strategies commonly adopted by multinational enterprises in the digital economy, including case studies of real life examples of major companies including Amazon, Apple and Google. This unit also analyses government responses to these challenges and tax tactics.
CLAW3206 Regulation of Mergers and Acquisitions

Credit points: 6 Session: Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: CLAW1003 or CLAW2201 or CLAW2214 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: Completion of at least 24 credit points of study including CLAW1001 or CLAW2214 Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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.
CLAW3209 The Environment, Law and Business

Credit points: 6 Session: Semester 1 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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.
CLAW3400 Industry and Community Project

Credit points: 6 Session: Intensive February,Intensive July,Semester 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: 72 credit points Prohibitions: BUSS3110 or ACCT3400 or BANK3400 or FINC3400 or IBUS3400 or INFS3400 or MKTG3400 or QBUS3400 or WORK3400 or WORK3401 Assumed knowledge: CLAW1001 and CLAW1003 and 6 credit points in CLAW 2000-level units of study Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
This interdisciplinary unit provides students with the opportunity to address complex problems identified by industry, community, and government organisations, and gain valuable experience in working across disciplinary boundaries. In collaboration with a major industry partner and an academic lead, students integrate their academic skills and knowledge by working in teams with students from a range of disciplinary backgrounds. This experience allows students to research, analyse and present solutions to a real-world problem, and to build on their interpersonal and transferable skills by engaging with and learning from industry experts and presenting their ideas and solutions to the industry partner.
CLAW3600 Business Law in Practice

Credit points: 6 Session: Semester 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prerequisites: completion of at least 120 credit points including 3 x CLAW 2000 level units and 1 x CLAW 3000 level unit Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
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 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.
CLAW3888 Law and Regulation of Fintech

Credit points: 6 Session: Semester 1 Classes: 3 hours x 1 lecture each week Prerequisites: Completion of at least 48 credit points. Assessment: research paper (30%); in-class assessment (20%); final exam (50%)
Note: Refer to the unit of study outline https://www.sydney.edu.au/units
Fintech is an essential component of the Third Industrial Revolution, particularly in relation to lowering costs, increasing efficiency and making financial services more accessible. Students are equipped with an understanding of innovation in the financial system, and how these developments interact with current laws and regulations in the global markets. This unit provides students with insights into a wide range of topics, including smart contracts, privacy law and big data, virtual currencies and mobile payments, investor protection and crowd funding, property law and cryptosecurities.