University of Sydney Handbooks - 2021 Archive

Download full 2021 archive Page archived at: Thu, 23 Sep 2021 13:38:11 +1000

Juris Doctor

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.

Juris Doctor

To qualify for the award of the Juris Doctor, a student must successfully complete:
(i) 102 credit points of compulsory units of study; and
(ii) 42 credit points of elective units of study of which a maximum of 36 credit points are taken from Part 1, and
(iii) a minimum of 6 credit points taken from Part 2.

Full-Time

Compulsory units of study

Year 1

LAWS5000 Foundations of Law

Credit points: 6 Teacher/Coordinator: Professor Barbara McDonald Session: Intensive March,Semester 1 Classes: Daytime stream: The unit is taught on an intensive basis over two weeks, followed by a 2-hour weekly seminar for the following three weeks. Note: Intensive classes commence one week prior to the beginning of semester. Students should be available for classes Monday-Friday in week -1 and Monday-Thursday in week 1 of the semester. Preparation by pre-reading and listening to recorded lectures and Preparation for and attendance at the intensive is essential for successful completion of the course. No other JD 1 classes are taught for the duration of the intensive. Evening stream: Foundations of Law 1x3hr seminar for 13 weeks beginning week 1. Prohibitions: LAWS1000 or LAWS1006 Assessment: Foundations of Law daytime stream: Class participation (10%), group case analysis presentation (10%) , quiz (10%), 48hr take home case analysis assignment (70%) in week 5. Foundations of Law evening stream: In-class case analysis exam (30%), class participation (10%), final 3000wd essay.(60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
This unit of study is designed to provide students with a foundation for the study of law. It introduces students to the operation of the Australian legal system and the interaction of the courts and parliaments in a federal system. The unit has a practical focus of building skills of legal reasoning and analysis, with a particular focus on case analysis and statutory interpretation, and an introduction to legal problem solving. These practical skills are necessary to complete a law degree. This unit of study also includes an overview of the sources of law in the Australian legal system in its historical context, and an introduction to fundamental concepts of law. In doing so, it provides opportunities for critical engagement in debates about the role of law in Australia, including issues of law affecting indigenous peoples in Australia. Active class participation and discussion based on pre-reading is an essential aspect of the seminars.
LAWS5001 Torts

Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve (full-time stream), Mr Ross Anderson (part-time stream) Session: Semester 1 Classes: Daytime stream: 3hrs pre-recorded lectures and 1x1hr tutorial/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Corequisites: LAWS5000 Prohibitions: LAWS1010 or LAWS1012 or LAWS3001 Assessment: Daytime stream: Compulsory interim assignment (30%), structured class participation (10%), final assignment (60%). Evening stream: Optional interim 1500wd assignment (20%) and final 72 hour take-home exam (80% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
TThis is a general introductory unit of study concerned with liability for civil wrongs, with particular emphasis on torts protecting personal integrity, safety and freedom from personal injury. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include:
(a) The relationship between torts and other branches of the common law including contract and criminal law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) The action on the case for intentional injury;
(f) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence;
(g) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury;
(h) Compensation for personal injuries, including special and alternative compensation schemes;
(i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents;
(j) Defences to negligence.
(k) Vicarious Liability and non-delegable duties
(l) Joint and several liability and contribution.
LAWS5002 Contracts

Credit points: 6 Teacher/Coordinator: Dr David Winterton Session: Semester 1 Classes: Daytime stream: 2x2hr pre-recorded lectures and/or tutorials/week for 11 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prohibitions: LAWS1015 Assessment: Choice of mid-semester take-home problem assignment or essay (30%), assigned class presentation (10%) and final 3hr (including 30 minutes reading time) take-home exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.
LAWS5003 Civil and Criminal Procedure

Credit points: 6 Teacher/Coordinator: Associate Professior Stacie Strong Session: Semester 1 Classes: 1 x 2hr pre-recorded lecture and 1 x 2hr tutorial /week for 10 weeks. Prohibitions: LAWS1014 Assessment: 2 x class participation (20%) and 1200wd assignment (20%) and final 3hr (including reading time) take-home exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to crime and society, police powers, bail and sentencing. The course focuses on contextual, theoretical, and ethical perspectives through analysis of practical examples applying the relevant legislation and case law.
LAWS5004 Criminal Law

Credit points: 6 Teacher/Coordinator: Professor Gail Mason Session: Semester 2 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 and LAWS5003 Prohibitions: LAWS1003 or LAWS1016 or LAWS2001 or LAWS2009 Assessment: Structured class participation (10%), 2000wd research essay (40%) and final take-home exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve these goals, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) A knowledge of the legal rules in certain specified areas of criminal law and their application. (3) A preliminary knowledge of how the criminal law operates in its broader societal context. (4) An understanding of how criminal liability is determined. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.
LAWS5005 Public International Law

Credit points: 6 Teacher/Coordinator: Associate Professor Ed Couzens Session: Semester 2 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 Prohibitions: LAWS1023 or LAWS1018 Assessment: Interim 2hr assignment (25%) and final 2 1/2 hour (inlcuding reading time) take-home exam (75%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The compulsory unit of study is an introduction to public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
LAWS5006 Torts and Contracts II

Credit points: 6 Teacher/Coordinator: Dr Katherine Owens (daytime stream), Mr Ross Anderson (evening stream) Session: Semester 2 Classes: Daytime stream: There are 12 x 2-hour pre-recorded lectures and 8 x 2-hour tutorials, spread across the semester. Lectures start in week 1 and tutorials start in week 2.. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 and LAWS5001 and LAWS5002 Prohibitions: LAWS1017 Assessment: Daytime stream: Mid-semester assignment (30%); structured class participation (10%); and final 48hr take-home exam (60%). Evening stream: Optional interim 1500wd assignment (20%) and final 72hr tajke-home exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit aims to develop the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. This course builds on the introduction to tort law and contract law which students acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider related statutes such as the Australian Consumer Law. Core topics are:
(a) Causation and remoteness of damage principles in contract law and the calculation of damages for breach of contract;
(b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake and misrepresentation; duress; and undue influence. This topic includes a study of equitable as well as common law principles and statutory rights and remedies (such as those under the Australian Consumer Law);
(c) Liability and remedies for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(d) Trespass to Land including damage by aircraft
(e) Nuisance;
(f) Intentional Interference with goods;
(g) Negligence Liability for property damage and pure economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties rather than the primary victim, liability for defective construction;
(h) Proportionate liability where it applies to tort, contract and statutory liabilities.
Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.
LAWS5007 Public Law

Credit points: 6 Teacher/Coordinator: Dr Rayner Thwaites Session: Semester 2 Classes: 1 x 2hr pre-recorded lecture and 1 x 2hr seminarl/wk for 10 weeks. Prerequisites: LAWS5000 Prohibitions: LAWS1021 Assessment: Interim assignment (30%) and final take-home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability. The central theme of this unit is the accountability of government to the people, under the Australian constitutional system of representative and responsible government. The focus is on understanding the types of public power that exist under the Australian Constitution, identifying limits on those powers, the source/s of those limits and the legal avenues for challenging the purported exercise of those powers. We begin with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit of study then moves to consider the three arms of government and related concepts. In relation to the legislature, the focus is on understanding the system of representative government. The discussion of the executive focuses on the different forms of non-statutory executive power. After addressing the source and scope of the executive power, we then move to look at different mechanisms for holding the executive to account: freedom of information; rule making accountability and integrity bodies. The consideration of judicial power focuses on the separation of judicial power and institutional integrity of the courts.
LAWS5018 Legal Research

Teacher/Coordinator: Dr Rowan Nicholson Session: Semester 1 Classes: Online modules. Assessment: Satisfactory attendance, Canvas quizzes and final exam Mode of delivery: Online
This is a compulsory unit taught on a pass/fail basis. The purpose of this unit is to introduce the essential legal research skills students that need throughout their law degree. The unit covers a range of legal research techniques, equipping students to find and cite primary and secondary legal materials and to develop research strategy.

Year 2

Students may substitute one compulsory unit with one Juris Doctor elective unit in each semester of their penultimate year, deferring the compulsory unit(s) to their final year.
Students cannot enrol in more than two elective units in their penultimate year.
LAWS5008 Intro to Property and Commercial Law

Credit points: 6 Teacher/Coordinator: Professor Sheelagh McCracken Session: Semester 1 Classes: 2x2-hr pre-recorded lectures/week (for 5 weeks) and 1x2-hr lecture and 1x2-hr tutorial/week (for 5 weeks) Prerequisites: LAWS5000 Prohibitions: LAWS2012 Assessment: 1hr in-semester online exam (30%) and 2hr (plus 30 minutes reading time) take-home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Property law and commercial law are two key sources of rights and obligations in modern western law. This unit provides an introduction to both areas of law, and shows how they are inter-related. The unit is designed to offer an opportunity to consider the role they play in Australian society and to give a firm grounding in legal principle. The unit focuses on notions of "property", providing an introduction to real property (including the doctrine of tenure and estates, native title and the doctrine of fixtures) and to personal property (including ownership and possessory interests arising in the context of commercial transactions such as sales and bailments as well as security interests under the Personal Property Securities Act 2009 (Cth)). The unit analyses the nature and classification of legal and equitable interests in both real and personal property, exploring the principles and formalities governing their creation, assignment and priority-ranking. Additionally, the unit enables the development of skills in interpreting statutes and in problem-solving.Property law and commercial law are two key sources of rights and obligations in modern western law. This unit provides an introduction to both areas of law, and shows how they are inter-related. The unit is designed to offer an opportunity to consider the role they play in Australian society and to give a firm grounding in legal principle.
The unit focuses on notions of "property", providing an introduction to real property (including the doctrine of tenure and estates, native title and the doctrine of fixtures) and to personal property (including ownership and possessory interests arising in the context of commercial transactions such as sales and bailments as well as security interests under the Personal Property Securities Act 2009 (Cth)). The unit analyses the nature and classification of legal and equitable interests in both real and personal property, exploring the principles and formalities governing their creation, assignment and priority-ranking. Additionally, the unit enables the development of skills in interpreting statutes and in problem-solving.
LAWS5009 The Legal Profession

Credit points: 6 Teacher/Coordinator: Professor Rita Shackel Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1001 or LAWS2013 or LAWS3002 or LAWS3004 Assessment: 2000wd assignment (40%) and 3500wd final assignment (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The Legal Profession Unit of Study is a mandatory `Priestley 11' subject. We critically examine issues relevant to lawyers' role in society: professionalism, lawyers' conduct, lawyers' ethical obligations and choices, and the regulation of legal services. We examine the nature of legal professionalism and its inherent relationship with ethics, values and morals, as well as its relationship with commerce. We explore the shifting profile of the profession, the response of the profession to these demographic changes, and the major cultural and economic forces that operate on legal professionalism and regulation of the profession. From that base we analyse access to justice issues, different notions of lawyering, the structure of the legal profession, and diverse theoretical views and models of regulation. We move on to consider the lawyer-client relationship and strategies to facilitate equality and effective communication in the delivery of legal services. Finally, we examine lawyers' duties to clients and the Court, and the ways in which the rules and principles of confidentiality and conflicts of interest affect the advice and representation lawyers provide for clients. This unit of study requires your active participation in class discussion, and your critical reflection on the issues raised throughout the semester.
LAWS5010 Administrative Law

Credit points: 6 Teacher/Coordinator: Associate Professor Belinda Smith Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Corequisites: LAWS5007 Prohibitions: LAWS2002 or LAWS2010 Assessment: 2000wd research essay (30%) and 3hr (plus 30 minutes reading time) take-home exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of administrative law, judicial review and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, the public/private distinction and merits review. The unit seeks to develop students' understanding of how the values of openness, rationality, fairness and participation in government decision-making are promoted through Administrative Law.
LAWS5011 Federal Constitutional Law

Credit points: 6 Teacher/Coordinator: Professor Anne Twomey Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Corequisites: LAWS5007 Prohibitions: LAWS1004 or LAWS2011 or LAWS3000 or LAWS3003 Assessment: Optional problem question assignment (30%) and 2.5hr (plus 30 minutes reading time) take-home exam (70% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics.
The course also aims to:
- Provide analysis of the function of the High Court as the final arbiter of constitutionality.
- Develop an understanding of the techniques of judicial review as applied in Australia.
- Encourage discussion about the Constitution as Australia's basic instrument of government.
The topics covered in detail include: Trade and commerce, severance and reading down, inconsistency, external affairs, defence, corporations, freedom of interstate trade, general doctrines of characterisation and interpretation, grants, revenue powers, excise duties, intergovernmental immunities and constitutional rights.
The course may include some overseas material to provide points of comparison and contrast.
LAWS5012 Real Property

Credit points: 6 Teacher/Coordinator: Dr Scott Grattan Session: Semester 2 Classes: 2x2hr pre-recorded lectures/wk for 5 weeks, and 1x2hr lectuer and 1x2hr tutorial/wk for 5 weeks Prerequisites: LAWS5008 or LAWS1012 Prohibitions: LAWS2007 or LAWS2017 Assessment: 1hr in-semester online exam (30%) and 2hr (plus 30 minutes reading time) take-home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also).
This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); easements; covenants; leases and licences; mortgages.
The unit, inter alia, aims to develop problem solving skills and skills in interpreting complex statutory provisions in the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW)
LAWS5013 Evidence

Credit points: 6 Teacher/Coordinator: Professor David Hamer Session: Semester 2 Classes: 1 x 2hr pre-recorded lecture and 1 x 2hr tutorial/week for 10 weeks Prerequisites: LAWS5000 and LAWS5003 Prohibitions: LAWS2006 or LAWS2016 or LAWS3223 Assessment: Unstructured tutorial participation; (10%), tutorial presentation (15%); optional 2000wd essay (30%), final 48 hrs take-home exam (45% or 75%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.
LAWS5014 Corporations Law

Credit points: 6 Teacher/Coordinator: Professor Jason Harris Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk fo 13 weeks (evening stream) Prohibitions: LAWS2003 or LAWS2014 Assessment: Compulsory 1500wd problem question assignment (20%), 4 x online multiple choice quizzes (20%), and final 2hr plus 30 minutes reading time online exam (60%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Note: Professor Jason Harris
This unit of study examines the law affecting modern business corporations operating in Australia. It examines corporate law, the regulation of markets in corporate securities and the current Australian regulatory environment. Topics examined include corporate formation and the consequences of the company as an entity with its own personality, regulating the internal functioning of companies including the operation of the company's constitution and the role and duties of corporate directors to the company and its members, the rights and remedies available to shareholders to protect their investment, the authority of corporate officers and the responsibility of companies to outsiders for their actions, financing the company's operations through debt and equity, the external administration of companies in financial distress, winding up and deregistering companies, and regulating on-market and off-market transactions in corporate securities. We will evaluate current rules and doctrines, as well as proposals for their reform, in light of the economic and social policy considerations influencing their design and functioning.
LAWS5015 Equity

Credit points: 6 Teacher/Coordinator: Professor Matthew Conaglen Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5000 Prohibitions: LAWS2004 or LAWS2015 Assumed knowledge: LAWS5008 Assessment: Optional 1hr in-semester online exam (20%) and 2hr plus 30 minutes reading time take-home exam (80% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
An appreciation of equitable principles and remedies is fundamental to understanding the legal system and the law of property, taxation and obligations. This unit of study explains the origins of the equitable jurisdiction and examines its role today. A substantial part of the unit is dedicated to study of the law of trusts, including remedial constructive trusts. Other topics include fiduciary obligations, breach of confidence, the doctrines of estoppel, and a study of the equitable remedies of the injunction, an account of profits and equitable compensation.

Year 3

LAWS5017 Private International Law A

Credit points: 6 Teacher/Coordinator: Semester 1: Professor Vivienne Bath, Semester 2: Associate Professor Stacie Strong Session: Semester 1,Semester 2 Classes: 2x2hr seminars/wk for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1018 or LAWS2005 or LAWS2018 Assessment: 1500wd optional assignment (25%) and 2.5hr (plus 30 minutes reading time) take-home exam (75% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Recognition and enforcement of foreign judgments; and (9) Comparative aspects of private international law.

Part-time

Compulsory

Year 1

LAWS5000 Foundations of Law

Credit points: 6 Teacher/Coordinator: Professor Barbara McDonald Session: Intensive March,Semester 1 Classes: Daytime stream: The unit is taught on an intensive basis over two weeks, followed by a 2-hour weekly seminar for the following three weeks. Note: Intensive classes commence one week prior to the beginning of semester. Students should be available for classes Monday-Friday in week -1 and Monday-Thursday in week 1 of the semester. Preparation by pre-reading and listening to recorded lectures and Preparation for and attendance at the intensive is essential for successful completion of the course. No other JD 1 classes are taught for the duration of the intensive. Evening stream: Foundations of Law 1x3hr seminar for 13 weeks beginning week 1. Prohibitions: LAWS1000 or LAWS1006 Assessment: Foundations of Law daytime stream: Class participation (10%), group case analysis presentation (10%) , quiz (10%), 48hr take home case analysis assignment (70%) in week 5. Foundations of Law evening stream: In-class case analysis exam (30%), class participation (10%), final 3000wd essay.(60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
This unit of study is designed to provide students with a foundation for the study of law. It introduces students to the operation of the Australian legal system and the interaction of the courts and parliaments in a federal system. The unit has a practical focus of building skills of legal reasoning and analysis, with a particular focus on case analysis and statutory interpretation, and an introduction to legal problem solving. These practical skills are necessary to complete a law degree. This unit of study also includes an overview of the sources of law in the Australian legal system in its historical context, and an introduction to fundamental concepts of law. In doing so, it provides opportunities for critical engagement in debates about the role of law in Australia, including issues of law affecting indigenous peoples in Australia. Active class participation and discussion based on pre-reading is an essential aspect of the seminars.
LAWS5001 Torts

Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve (full-time stream), Mr Ross Anderson (part-time stream) Session: Semester 1 Classes: Daytime stream: 3hrs pre-recorded lectures and 1x1hr tutorial/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Corequisites: LAWS5000 Prohibitions: LAWS1010 or LAWS1012 or LAWS3001 Assessment: Daytime stream: Compulsory interim assignment (30%), structured class participation (10%), final assignment (60%). Evening stream: Optional interim 1500wd assignment (20%) and final 72 hour take-home exam (80% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
TThis is a general introductory unit of study concerned with liability for civil wrongs, with particular emphasis on torts protecting personal integrity, safety and freedom from personal injury. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include:
(a) The relationship between torts and other branches of the common law including contract and criminal law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) The action on the case for intentional injury;
(f) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence;
(g) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury;
(h) Compensation for personal injuries, including special and alternative compensation schemes;
(i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents;
(j) Defences to negligence.
(k) Vicarious Liability and non-delegable duties
(l) Joint and several liability and contribution.
LAWS5005 Public International Law

Credit points: 6 Teacher/Coordinator: Associate Professor Ed Couzens Session: Semester 2 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 Prohibitions: LAWS1023 or LAWS1018 Assessment: Interim 2hr assignment (25%) and final 2 1/2 hour (inlcuding reading time) take-home exam (75%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The compulsory unit of study is an introduction to public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
LAWS5007 Public Law

Credit points: 6 Teacher/Coordinator: Dr Rayner Thwaites Session: Semester 2 Classes: 1 x 2hr pre-recorded lecture and 1 x 2hr seminarl/wk for 10 weeks. Prerequisites: LAWS5000 Prohibitions: LAWS1021 Assessment: Interim assignment (30%) and final take-home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability. The central theme of this unit is the accountability of government to the people, under the Australian constitutional system of representative and responsible government. The focus is on understanding the types of public power that exist under the Australian Constitution, identifying limits on those powers, the source/s of those limits and the legal avenues for challenging the purported exercise of those powers. We begin with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit of study then moves to consider the three arms of government and related concepts. In relation to the legislature, the focus is on understanding the system of representative government. The discussion of the executive focuses on the different forms of non-statutory executive power. After addressing the source and scope of the executive power, we then move to look at different mechanisms for holding the executive to account: freedom of information; rule making accountability and integrity bodies. The consideration of judicial power focuses on the separation of judicial power and institutional integrity of the courts.
LAWS5018 Legal Research

Teacher/Coordinator: Dr Rowan Nicholson Session: Semester 1 Classes: Online modules. Assessment: Satisfactory attendance, Canvas quizzes and final exam Mode of delivery: Online
This is a compulsory unit taught on a pass/fail basis. The purpose of this unit is to introduce the essential legal research skills students that need throughout their law degree. The unit covers a range of legal research techniques, equipping students to find and cite primary and secondary legal materials and to develop research strategy.

Year 2

LAWS5002 Contracts

Credit points: 6 Teacher/Coordinator: Dr David Winterton Session: Semester 1 Classes: Daytime stream: 2x2hr pre-recorded lectures and/or tutorials/week for 11 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prohibitions: LAWS1015 Assessment: Choice of mid-semester take-home problem assignment or essay (30%), assigned class presentation (10%) and final 3hr (including 30 minutes reading time) take-home exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.
LAWS5003 Civil and Criminal Procedure

Credit points: 6 Teacher/Coordinator: Associate Professior Stacie Strong Session: Semester 1 Classes: 1 x 2hr pre-recorded lecture and 1 x 2hr tutorial /week for 10 weeks. Prohibitions: LAWS1014 Assessment: 2 x class participation (20%) and 1200wd assignment (20%) and final 3hr (including reading time) take-home exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to crime and society, police powers, bail and sentencing. The course focuses on contextual, theoretical, and ethical perspectives through analysis of practical examples applying the relevant legislation and case law.
LAWS5004 Criminal Law

Credit points: 6 Teacher/Coordinator: Professor Gail Mason Session: Semester 2 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 and LAWS5003 Prohibitions: LAWS1003 or LAWS1016 or LAWS2001 or LAWS2009 Assessment: Structured class participation (10%), 2000wd research essay (40%) and final take-home exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve these goals, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) A knowledge of the legal rules in certain specified areas of criminal law and their application. (3) A preliminary knowledge of how the criminal law operates in its broader societal context. (4) An understanding of how criminal liability is determined. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.
LAWS5006 Torts and Contracts II

Credit points: 6 Teacher/Coordinator: Dr Katherine Owens (daytime stream), Mr Ross Anderson (evening stream) Session: Semester 2 Classes: Daytime stream: There are 12 x 2-hour pre-recorded lectures and 8 x 2-hour tutorials, spread across the semester. Lectures start in week 1 and tutorials start in week 2.. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 and LAWS5001 and LAWS5002 Prohibitions: LAWS1017 Assessment: Daytime stream: Mid-semester assignment (30%); structured class participation (10%); and final 48hr take-home exam (60%). Evening stream: Optional interim 1500wd assignment (20%) and final 72hr tajke-home exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit aims to develop the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. This course builds on the introduction to tort law and contract law which students acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider related statutes such as the Australian Consumer Law. Core topics are:
(a) Causation and remoteness of damage principles in contract law and the calculation of damages for breach of contract;
(b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake and misrepresentation; duress; and undue influence. This topic includes a study of equitable as well as common law principles and statutory rights and remedies (such as those under the Australian Consumer Law);
(c) Liability and remedies for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(d) Trespass to Land including damage by aircraft
(e) Nuisance;
(f) Intentional Interference with goods;
(g) Negligence Liability for property damage and pure economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties rather than the primary victim, liability for defective construction;
(h) Proportionate liability where it applies to tort, contract and statutory liabilities.
Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.

Year 3

LAWS5010 Administrative Law

Credit points: 6 Teacher/Coordinator: Associate Professor Belinda Smith Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Corequisites: LAWS5007 Prohibitions: LAWS2002 or LAWS2010 Assessment: 2000wd research essay (30%) and 3hr (plus 30 minutes reading time) take-home exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of administrative law, judicial review and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, the public/private distinction and merits review. The unit seeks to develop students' understanding of how the values of openness, rationality, fairness and participation in government decision-making are promoted through Administrative Law.
LAWS5011 Federal Constitutional Law

Credit points: 6 Teacher/Coordinator: Professor Anne Twomey Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Corequisites: LAWS5007 Prohibitions: LAWS1004 or LAWS2011 or LAWS3000 or LAWS3003 Assessment: Optional problem question assignment (30%) and 2.5hr (plus 30 minutes reading time) take-home exam (70% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics.
The course also aims to:
- Provide analysis of the function of the High Court as the final arbiter of constitutionality.
- Develop an understanding of the techniques of judicial review as applied in Australia.
- Encourage discussion about the Constitution as Australia's basic instrument of government.
The topics covered in detail include: Trade and commerce, severance and reading down, inconsistency, external affairs, defence, corporations, freedom of interstate trade, general doctrines of characterisation and interpretation, grants, revenue powers, excise duties, intergovernmental immunities and constitutional rights.
The course may include some overseas material to provide points of comparison and contrast.
LAWS5013 Evidence

Credit points: 6 Teacher/Coordinator: Professor David Hamer Session: Semester 2 Classes: 1 x 2hr pre-recorded lecture and 1 x 2hr tutorial/week for 10 weeks Prerequisites: LAWS5000 and LAWS5003 Prohibitions: LAWS2006 or LAWS2016 or LAWS3223 Assessment: Unstructured tutorial participation; (10%), tutorial presentation (15%); optional 2000wd essay (30%), final 48 hrs take-home exam (45% or 75%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.
LAWS5014 Corporations Law

Credit points: 6 Teacher/Coordinator: Professor Jason Harris Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk fo 13 weeks (evening stream) Prohibitions: LAWS2003 or LAWS2014 Assessment: Compulsory 1500wd problem question assignment (20%), 4 x online multiple choice quizzes (20%), and final 2hr plus 30 minutes reading time online exam (60%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Note: Professor Jason Harris
This unit of study examines the law affecting modern business corporations operating in Australia. It examines corporate law, the regulation of markets in corporate securities and the current Australian regulatory environment. Topics examined include corporate formation and the consequences of the company as an entity with its own personality, regulating the internal functioning of companies including the operation of the company's constitution and the role and duties of corporate directors to the company and its members, the rights and remedies available to shareholders to protect their investment, the authority of corporate officers and the responsibility of companies to outsiders for their actions, financing the company's operations through debt and equity, the external administration of companies in financial distress, winding up and deregistering companies, and regulating on-market and off-market transactions in corporate securities. We will evaluate current rules and doctrines, as well as proposals for their reform, in light of the economic and social policy considerations influencing their design and functioning.

Year 4

Students may substitute one compulsory unit with one Juris Doctor elective unit in each semester of their fourth year, deferring the compulsory unit(s) to their fifth year.
Students cannot enrol in more than two elective units in their fourth year.
LAWS5008 Intro to Property and Commercial Law

Credit points: 6 Teacher/Coordinator: Professor Sheelagh McCracken Session: Semester 1 Classes: 2x2-hr pre-recorded lectures/week (for 5 weeks) and 1x2-hr lecture and 1x2-hr tutorial/week (for 5 weeks) Prerequisites: LAWS5000 Prohibitions: LAWS2012 Assessment: 1hr in-semester online exam (30%) and 2hr (plus 30 minutes reading time) take-home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Property law and commercial law are two key sources of rights and obligations in modern western law. This unit provides an introduction to both areas of law, and shows how they are inter-related. The unit is designed to offer an opportunity to consider the role they play in Australian society and to give a firm grounding in legal principle. The unit focuses on notions of "property", providing an introduction to real property (including the doctrine of tenure and estates, native title and the doctrine of fixtures) and to personal property (including ownership and possessory interests arising in the context of commercial transactions such as sales and bailments as well as security interests under the Personal Property Securities Act 2009 (Cth)). The unit analyses the nature and classification of legal and equitable interests in both real and personal property, exploring the principles and formalities governing their creation, assignment and priority-ranking. Additionally, the unit enables the development of skills in interpreting statutes and in problem-solving.Property law and commercial law are two key sources of rights and obligations in modern western law. This unit provides an introduction to both areas of law, and shows how they are inter-related. The unit is designed to offer an opportunity to consider the role they play in Australian society and to give a firm grounding in legal principle.
The unit focuses on notions of "property", providing an introduction to real property (including the doctrine of tenure and estates, native title and the doctrine of fixtures) and to personal property (including ownership and possessory interests arising in the context of commercial transactions such as sales and bailments as well as security interests under the Personal Property Securities Act 2009 (Cth)). The unit analyses the nature and classification of legal and equitable interests in both real and personal property, exploring the principles and formalities governing their creation, assignment and priority-ranking. Additionally, the unit enables the development of skills in interpreting statutes and in problem-solving.
LAWS5009 The Legal Profession

Credit points: 6 Teacher/Coordinator: Professor Rita Shackel Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1001 or LAWS2013 or LAWS3002 or LAWS3004 Assessment: 2000wd assignment (40%) and 3500wd final assignment (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The Legal Profession Unit of Study is a mandatory `Priestley 11' subject. We critically examine issues relevant to lawyers' role in society: professionalism, lawyers' conduct, lawyers' ethical obligations and choices, and the regulation of legal services. We examine the nature of legal professionalism and its inherent relationship with ethics, values and morals, as well as its relationship with commerce. We explore the shifting profile of the profession, the response of the profession to these demographic changes, and the major cultural and economic forces that operate on legal professionalism and regulation of the profession. From that base we analyse access to justice issues, different notions of lawyering, the structure of the legal profession, and diverse theoretical views and models of regulation. We move on to consider the lawyer-client relationship and strategies to facilitate equality and effective communication in the delivery of legal services. Finally, we examine lawyers' duties to clients and the Court, and the ways in which the rules and principles of confidentiality and conflicts of interest affect the advice and representation lawyers provide for clients. This unit of study requires your active participation in class discussion, and your critical reflection on the issues raised throughout the semester.
LAWS5012 Real Property

Credit points: 6 Teacher/Coordinator: Dr Scott Grattan Session: Semester 2 Classes: 2x2hr pre-recorded lectures/wk for 5 weeks, and 1x2hr lectuer and 1x2hr tutorial/wk for 5 weeks Prerequisites: LAWS5008 or LAWS1012 Prohibitions: LAWS2007 or LAWS2017 Assessment: 1hr in-semester online exam (30%) and 2hr (plus 30 minutes reading time) take-home exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also).
This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); easements; covenants; leases and licences; mortgages.
The unit, inter alia, aims to develop problem solving skills and skills in interpreting complex statutory provisions in the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW)
LAWS5015 Equity

Credit points: 6 Teacher/Coordinator: Professor Matthew Conaglen Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5000 Prohibitions: LAWS2004 or LAWS2015 Assumed knowledge: LAWS5008 Assessment: Optional 1hr in-semester online exam (20%) and 2hr plus 30 minutes reading time take-home exam (80% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
An appreciation of equitable principles and remedies is fundamental to understanding the legal system and the law of property, taxation and obligations. This unit of study explains the origins of the equitable jurisdiction and examines its role today. A substantial part of the unit is dedicated to study of the law of trusts, including remedial constructive trusts. Other topics include fiduciary obligations, breach of confidence, the doctrines of estoppel, and a study of the equitable remedies of the injunction, an account of profits and equitable compensation.

Years 5 and 6

LAWS5017 Private International Law A

Credit points: 6 Teacher/Coordinator: Semester 1: Professor Vivienne Bath, Semester 2: Associate Professor Stacie Strong Session: Semester 1,Semester 2 Classes: 2x2hr seminars/wk for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1018 or LAWS2005 or LAWS2018 Assessment: 1500wd optional assignment (25%) and 2.5hr (plus 30 minutes reading time) take-home exam (75% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Recognition and enforcement of foreign judgments; and (9) Comparative aspects of private international law.