This unit of study has as its objective the exploration of contemporary issues concerning debt and equity finance in Australian public and proprietary companies, with an emphasis on law reform in the areas of the raising of corporate finance; the positions of shareholders and creditors in the event of the company's insolvency; as well as aspects of external administration include receivership, voluntary administration, liquidation.

This unit critically examines the criminal law criminal justice institutions and penal practices in the context of legal scholarly debates Topics to be considered in any one semester may include criminal responsibility capacity gender and criminal law corporate criminal liability offence construction and trends in sentencing In addressing these topics the unit will attempt to respond to cutting edge developments in the criminal law as they arise Each topic forms the lens through which larger or longerterm theoretical and others issues are discussed By contrast with the foundational unit Criminal Law this unit does not adopt a content driven approach to criminal law instead it adopts an explicitly critical sociohistorical approach to the study of law and draws on interdisciplinary scholarship throughout Discussion of relevant academic scholarship forms a core part of the subject matter of the course.

This unit further pursues the goals of Australian Income Tax and is to be regarded as an extension of that unit. In particular, the unit surveys some more advanced (and practically relevant) aspects of Australia's tax system, with particular attention to special rules applicable to entities (partnerships, trusts, and companies ¿ and their owners) and international taxation. The topics studied in Australian Income Tax will be expanded upon and together these units provide a basic understanding of the Australian tax system and a basis for further study and/or practice.

The objective of this unit is to enable students to examine and develop answers to the following questions: (i) What is discrimination and what harm does it cause? (ii) How has the law been used in Australia to address discrimination? (iii) What type of conduct does anti-discrimination law prohibit? Specifically, which attributes are protected, in what contexts and with what exceptions? (iv) What remedies can be sought for unlawful discrimination and how are these enforced? (v) What are the limits and future directions of anti-discrimination law? The law as it operates will be examined, focussing on examples of particular attributes of discrimination (such as sex, race, disability, age, or family responsibilities), but considerable attention is also paid to regulatory alternatives to explore how the law could be developed.

This unit introduces the Australian income tax system by exploring the operation of the tax statutes (and cases interpreting them), the underlying principles that those laws seek to implement, and fundamental issues in tax policy. The topics covered include the concept and categories of income; the calculation and treatment of capital gains; the taxation of remuneration including fringe benefits; business income; deductions; the basics of trading stock accounting and depreciation; an introduction to the taxation of partnerships, trusts and companies; the tax assessment process; the Goods and Services Tax; legislative responses to tax avoidance; and the ethical responsibilities of tax advisers. This unit is a prerequisite for Advanced Taxation Law.

This unit aims to provide students with:
* An overview of the legal regulation and supervision of banks and other Authorised Deposit-taking Institutions (ADIs);
* An understanding of the legal basis of the relationship between banks, ADIs and their customers, and an overview of the more common rights and duties that adhere to the banker/customer relationship;
* An introduction to negotiable instruments (cheques and bills of exchange), letters of credit and performance bonds, and guarantees;
* An introduction to the Personal Property Securities Act 2009 and its impact on secured lending, including taking security over ADI accounts, and accounts payable.

This unit of study examines competition law and policy as a key form of market regulation in Australia. The principal focus is on Part IV of the Competition and Consumer Act 2010 (Cth). By way of background we will critically examine the fundamental purposes of competition law policy, the role of competition as a disciplining force on market conduct as well as alternatives to competition. Specific topics include: (i) common law antecedents of competition law; (ii) National Competition Policy and legislation; (iii) elementary economic theory of monopoly and the goals of competition policy; (iv) fundamental concepts of competition, market definition, market power and public benefit; (v) horizontal anticompetitive arrangements including cartels; (vi) vertical anticompetitive arrangements; (vii) unilateral anticompetitive conduct; (viii) notifications and authorisations; (ix) mergers and acquisitions; (x) overview of remedies and enforcement. Whenever possible, the unit will make reference to comparative provisions and enforcement from other jurisdictions.

This unit of study aims to introduce students to the theoretical issues associated with the definition and explanation of crime, criminality and crime control. Rationales for punishment are examined along with sentencing, and other possible responses to criminal behaviour are explored. The unit considers the impact of criminal justice policy and practice on particular groups which may include juveniles, women, Indigenous people, ethnic minorities and victims of crime. The regulation of particular types of offences such as hate crime are considered. Other topical issues are covered as they arise in contemporary criminological debate. Students are expected to take part in visits to a gaol and/or a juvenile detention centre.

In terms of content, the unit covers the law that governs the transmission of property rights on the death the holder of those property rights to other persons. The unit begins with an overview of succession law in Australia; looking at testamentary freedom in its historical context; the development of powers of testation, and the reception of English law in NSW. The unit then considers the modern family relationships for succession; the boundaries of the law of succession (dealing with such matters as nominations, donationes mortis causa and contracts involving wills); the legal fact of death; intestate succession, the law of wills, family provision legislation and if time permits some aspects of the administration of deceased estates. Students who wish to practise in the area of succession law are encourage to consider studying this unit, because the matters covered in this unit are indispensable for a career in succession, property and inheritance. From a pedagogical perspective, the assessment is structured to improve the oral , research and problem-solving skills of students. There will be a problem-solving session at the end of the course. The classroom-style is structured to encourage students to participate in discussion and to learn collaboratively.

This unit of study analyses two areas of law which have a significant impact on the daily practice of journalism. Both of these areas of law relate to the personal interests of private plaintiffs and the legal recourse such plaintiffs may have against media outlets. The tort of defamation, which protects a plaintiff's reputation, is a well-established cause of action which notoriously has a "chilling" effect on what the media publishes. By contrast, direct legal protection of privacy against invasions by the media is a rapidly developing area of law in Australia, the United Kingdom, New Zealand and the European Union. This unit of study provides a detailed examination of the principles of defamation law relating to liability, defences and remedies. It also examines how different common law legal systems are developing direct legal protection for individuals' privacy against intrusive media coverage. This unit of study provides a thorough doctrinal analysis of defamation, privacy and breach of confidence, as well as placing these areas of law in their broader historical, international, comparative, social and cultural contexts.

This unit will provide a framework for understanding contemporary environmental issues, outline the sources of environmental law and provide an overview of the different approaches to both global and domestic environmental regulation before examining a range of topical areas, including climate change, water management, mining , pollution control, waste management, environmental planning, development control and environmental impact assessment. Overarching themes will include the implications of state sovereignty for global environmental protection, the challenges of giving effect to the principles of environmentally sustainable development through legal structures and processes, the effects of scientific uncertainty on environmental regulation, and the importance of public participation for making the value judgements required in environmental governance.

In this unit of study students are afforded the opportunity to work the equivalent of one day per week during the semester in a 'public interest' placement site. In addition, students attend weekly seminars which are designed to promote discussion and reflection on a range of issues that may arise during the course of the placement as well as seminar presentations on matters relevant to public interest externships. The unit has a public interest focus which is reflected in the selection of placement sites.
At the end of the unit students should have:
* acquired a better sense of the professional and personal responsibilities associated with the practice of law;
* developed an appreciation that the law is a people profession;
* observed and participated in a high level of problem solving flowing from real case files (where appropriate);
* been introduced to the basic inter-personal skills involved in the practice of law;
* interacted with legal professionals in a flexible learning environment;
* been introduced to aspects of the practice of law such as legal writing, advocacy and time management; and
* developed the character and habits of a reflective practitioner.

Family Law deals with the core provisions of the Family Law Act 1975 governing parenting of children and the property of married couples and persons in a de facto relationship. This course is essential for those interested in Family Law.
Family Law will focus on the following topics: constitutional and jurisdictional issues; marriage, divorce and de facto relationships, the resolution of disputes relating to children under the Family Law Act 1975, property division under the Family Law Act; child support and maintenance.

This unit of study introduces students to the principles and practice of international human rights law - a species of international law and policy and a field of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: What happens when we regard a situation or predicament as one involving a breach of international human rights law? What possibilities and problems does this entail? Addressing these questions, we will look at: (a) particular fora where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) particular settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure.

This course explores the relationship between Indigenous peoples and national and international public law systems. We begin with an exploration of Indigenous legal systems and governance structures. Students will see how this different way of seeing the world, and being in the world, impacts upon interactions with the mainstream legal system. We will examine the differing perspectives on history to see how they have shaped ever-changing laws and government policies. We will investigate issues such as: changing definitions of Aboriginality that have been imposed upon Aboriginal and Torres Strait Islander peoples; the over-representation of Indigenous Australians in the criminal justice system; paperless arrest laws in the Northern Territory and fine legislation in Western Australia; the legal mechanisms used to execute the Northern Territory Emergency Response; the utility of International Law, Human Rights Law and International bodies to Indigenous people; meanings of self-determination; native title and land rights legislation; and contemporary examples of Indigenous nation building. Opinions on the issues covered in the course are many and varied so students will be encouraged to explore each topic through discussion and lively debate.

This unit of study aims to introduce students to the fundamentals of international commercial arbitration. The course covers the entire process of international arbitration: the significance of international commercial arbitration in international dispute resolution; the importance of a well drafted arbitration agreement; all procedural and conceptual aspects and legal issues arising during cross border arbitrations; arbitral awards and the enforcement of arbitral awards around the world through the 1958 New York Convention, and the relevance and use of mediation (and other hybrid procedures) in resolving commercial disputes. The unit will address the role and significance of specialised forms of international arbitrations and organisations involved in administering international arbitrations, including an outline of investor-State arbitrations under investment treaties and free trade agreements.

This seminar program is an introductory course in Islamic Law. It will focus on Shari'ah (the classical laws as derived from the religious sources), and will seek to explain its relationship to the contemporary laws of Muslim states and to the cultural practices of Muslim communities living in Australia and other predominantly non-Muslim states. The course aims to provide a basic understanding of the sources of Islamic Law, their interpretation, and of the 'Schools of Law' which predominate in the Muslim World. The case studies seek to engage students to assess critically past and present understandings in the contexts of terrorism, modernity and social change.

Legal interpretation is the process by which the legal meaning of a text is worked out by reference to the text considered in context and with regard to its purpose. This course deals with the principles and methods of legal interpretation. While mainly relating to statutory interpretation, the unit will also cover aspects of the law of interpretation of private law instruments, the Constitution, and treaties.

The principles and methods of legal interpretation are directed to a purpose - to answer a question about contested legal meanings. The course will focus on the primary elements of interpretive practice: reading and understanding the text in its proper context, and in the light of its purpose and the objective intention of the drafter.

The course will cover:
* Approaches to legal interpretation, with emphasis on the function of interpretation in private and public law.
* Aspects of the interpretation of private instruments - wills, contracts, testamentary dispositions, collective agreements.
* Drafting and clear expression.
* Principles of statutory interpretation, including the conventions of grammatical interpretation of statutes; the use of technical words; the need to read the instrument as a whole; the role and function of interpretation acts, including legislation requiring consideration of Human Rights principles; approaches to ambiguity and inconsistency of language; specific common law principles and presumptions of interpretation; the use of extrinsic aids to interpretation, and the identification of statutory purpose.
* Aspects of interpretation of national and international instruments - Constitutions and treaties.

Part of the course content will be taught by eminent guest lecturers from the Faculty and the profession.

This unit aims to develop the general skills of comparative lawyers, to effectively and critically assess contemporary developments in the legal system of the second-largest economy in our region. After an overview of comparative law techniques, Japanese legal history and its contemporary legal system, classes explore civil and criminal justice, politics and constitutionalism, government and law, gender and law, lawyers and the courts in Japan, as well as dispute resolution, pop culture, contracts, consumers and law. The unit then some examines business law topics in socio-economic context in more detail, after an introduction to the Japanese economy and international trade policy. Topics include investment and finance law, labour law and corporate governance. The unit may include zoom interviews and other online engagement with leading experts around Australia, Japan and further abroad who have been involved in the version of this unit taught in Japan prior to the COVID-19 pandemic, facilitated by the Australian Network for Japanese Law (ANJeL).

The unit provides an introduction to the mainly statutory law regulating bankrupt individuals and insolvent companies. It explores the objectives and key principles of insolvency law, the pari passu principle, the various forms of insolvent administration including bankruptcy, liquidation, receivership and voluntary administration and associated procedures together with the avoidance of transactions in insolvency. The unit also considers the impact of insolvency on employees, unsecured creditors, shareholders and trustee's of trusts. The unit involves a significant component of statutory interpretation.

This unit of study examines the legal regulation of work relationships in Australia in the 21st century. The course is designed to equip students with a broad understanding of the legal rules, principles and institutions which form Australia's system of workplace relations and to place that system in its global context.
The course concentrates primarily on the employment relationship (distinct from other types of commercial arrangements under which work is performed) and will examine the way in which that relationship is regulated by private contract law and statute.
The course offers both a theoretical and practical focus. Students are invited to reflect on the role of legal regulation of work relationships, and to critically assess the effectiveness of Australia's laws.
By completing this unit of study, student should acquire:
- A general understanding of the system of workplace relations in Australia, and the way that system has developed in recent years.
- Knowledge and understanding of the legal responsibilities of employers and employees at the workplace.
- A working knowledge of the framework and operation of the Fair Work Act 2009 (Cth).

The daily practice of journalism is affected by a range of common law principles and statutory provisions This unit of study seeks to examine some of the most significant practical constraints on the media It examines in detail contempt of court the principle of open justice and suppression orders It considers contempt of parliament and other restrictions of the reporting of parliamentary proceedings It also analyses the law relating to the disclosure of journalists sources and the impact of freedom of information laws on the media This unit of study seeks to provide not only a thorough doctrinal analysis of these areas of law but also seeks to locate them within their broader historical international comparative political and policy contexts

This unit of study provides an introduction to some of the legal issues that arise in modern health care. Issues to be covered in the unit include: consent to medical treatment, professional liability of health professionals, medical negligence, the regulation of reproduction (including termination of pregnancy), end-of-life decision-making, including assisted dying or "euthanasia", reproductive technology, and privacy, confidentiality and access to medical records. By the end of the unit, students will have a grounding in legislation and caselaw regulating the provision of health care services, and will also be aware of some of the ethical issues that arise in medical contexts. Student participation in class discussion will be expected.

Private international law is the part of local or municipal private law which is concerned with questions which contain a foreign element i.e. a relevant connection between a fact or party and a foreign legal system. For example, private international law issues will require consideration if a question arises in New South Wales concerning the distribution of the property of a person who died domiciled in France or the validity of a mortgage of shares in a New York corporation or the recognition of the dissolution of a marriage by a Norwegian court.
In seeking to develop your understanding of the international dimension of private law and your appreciation of the fact that many legal questions which arise in everyday life are not confined within one legal system, this unit of study will address the following topics: (1) personal connecting factor (domicile, nationality, residence); (2) renvoi and the incidental question; (3) transactions involving immovable property (e.g. land, intellectual property rights) and movable property (e.g. ships, aircraft, artworks, shares, contractual rights); (4) devolution of property on death (succession); (5) marriage validity; and (6) dissolution and annulment of marriage, including the recognition of foreign dissolutions and annulments of marriage. In addition to these topics, an introductory survey will address the function, purpose and rationale of private international law, theories and methods (e.g. the territorial theory of law, the vested rights theory), historical development and the relationship between statutes and the common law rules of private international law.

The course provides a general introduction to all aspects of Roman private law. It begins with an historical sketch of Roman institutions from the earliest times until the reign of Justinian (CE 527-565), together with an introduction to Roman legal history and the development of Roman legal concepts. It also deals with the reception of Roman jurisprudence into modern European legal systems and the common law. The Roman law of marriage and family, moveable and immoveable property, real and personal security, succession, and contractual, quasi-contractual and delictal obligations are then dealt with in depth. The Institutes of Justinian, in English, is the fundamental text for study and students are expected to read the Institutes in some detail. The Institutes constitute a map of the law and means of ordering the law. Roman law has always been, and still is, of great historical importance in the development of many areas of the common law. Roman law also provides a yardstick by which both the virtues and the shortcomings of the common law can be measured. Further, Roman law forms the jurisprudential background of most of the legal systems in force in continental Europe and those parts of the rest of the world that were colonised by continental European nations.

The Social Justice Program will arrange for students enrolled in the course to work with various organisations which have agreed to participate in the Program. To date, such bodies include the Refugee Advice and Casework Service (RACS), the Public Interest Law Clearinghouse (PILCH), the Public Interest Advocacy Centre (PIAC) and the Environmental Defender's Office (EDO). Through such organisations students will be exposed to real world cases and participate in a structured seminar program dealing with social justice issues and aspects of public interest law.
During semester hands-on experience with cases, clients and/or policy and research projects will be obtained one day per week in a 'social justice' placement site. Students will attend weekly seminars designed to provide students with the basic knowledge and skills required to participate in a working clinical legal organisation, and cover legal issues specific to the placement sites. The seminars will encourage discussion and reflection on the range of issues that may arise during the course of the placement.
At the end of the unit students should have: (i) enhanced their ethical, social and professional understanding of the practice of law; (ii) improved their ability to recognise, define and analyse legal problems flowing from real case files, and to identify and create processes to solve them; (iii) observed and practised communication and inter-personal skills involved in the practice of law; (iv) been introduced to aspects of legal practice such as legal writing, research, client interaction and time management; (v) had the opportunity to work both independently and collaboratively, in a way that is informed by openness, curiosity and a desire to meet new challenges.

The law of sport is a commercial law subject. This is to be expected in an industry that is a major economic driver, generating revenue in the billions of dollars each year in Australia. Indeed, with the rise of the digital media, internationalisation and the elevation of female competitions, sport is one of the world's fastest growing enterprises. With that growth comes recognition of how the law guides and affects the business of sport and, in consequence, reflects a growing demand for lawyers with pertinent expertise. The establishment of a Federal Sports Tribunal by the Australian government, to run from 2020, underlines further the role of the law in sport and the increasing need for specialised expertise. Major sporting events such as an Australian grand final or an international fixture rely on legal advice touching on areas as diverse as event management, marketing and intellectual property, the avoidance of tortious law suits and the prosecution of on-field criminal assaults. Moreover, the public interest and financial stakes involved in sport disputes often leads to litigation within a few weeks of a cause of action arising. The increasing number of law journals in North America and Europe publishing on sport is testament to the importance of the law of sport and is some recognition of a developing 'lex sportiva'.
Legal issues within in the context of sport are myriad, and almost inevitably find their way into media discussion, for example: when can an athlete's contract be terminated for off-field misconduct; when can an athlete be jailed for on-field violence; what legal rights of appeal are there for non-selected athletes; when can an athlete be prosecuted for corruption or doping; to whom do team doctors owe a duty of care; are athletes illegally exploited by major sporting organisations; are sport disciplinary tribunals entitled to cancel an athlete's contract; what role does reasonableness and proportionality play in athlete discipline; how can a sporting organisation deal with claims of discrimination; are coaches and clubs legally liable for the actions of their athletes; is it legal to exclude an athlete or member of the public from a sporting venue; when is a referee legally liable in the tort of negligence? A great advantage of this subject it that complex legal issues are discussed in a factual setting most are familiar with, thereby promoting meaning, interest and understanding.

This unit of study is offered annually under the supervision of a member of the academic staff of Sydney Law School and the Law Publishing Manager. The unit is limited to 10 students per semester and enrolment is by way of departmental permission on a first-come, first-serve basis. Applicants must have a minimum WAM of 70 and be in their final year of study. Each student will complete a range of tasks with respect to the Sydney Law Review, including copyediting and reference checking a submission, writing a review note (for assessment purposes only) and writing a case note or law reform essay for assessment and potential publication. The writing of the case note/law reform essay is under the supervision of a member of the academic staff of Sydney Law School. Students selected for this unit must be prepared to serve for six months, so that duties may start before, and may continue after, the formal teaching and examination period.

This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries. The themes to be explored are likely to include: The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences); The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law; The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies; The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and the experience of women in development and human rights processes. The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.

This unit focuses on legal rights concerning the marketing of products, specifically, trade mark law and passing off, and legal rights concerning invention, specifically, patent law. Most aspects of the law of registered trade marks, including some references to passing-off and misleading and deceptive conduct will be covered in the unit, as will the effect of these areas of law on new marketing practices on the Internet. Some specific topics which will be covered in depth are: the differences between registered trade marks, passing-off and unfair competition; character merchandising and the protection of the celebrity persona; the nature of signs and the special problem of shape trade marks; counterfeiting and parallel imports; trade mark infringement; the badge of origin, private property and cultural resource functions of registered trade marks. In patent law, there will be a particular focus on the requirements for patentability under Australian patent law; the requirements for patent specifications; the concept of inventorship and ownership of patents; and patent infringement and defences. Although the unit of study emphasises legal doctrine and is taught from the perspective of a relatively depoliticised formalism, it is also recognised that the deployment and the regulation of intellectual property inevitably have substantial cultural and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, pharmaceutical patents are both valuable assets to their owners, who accordingly demand extensive legal protection for those assets, and also the target of vigorous criticism in the developing world for the patents' potentially detrimental effect on public health in relation to, inter alia, HIV. There will, accordingly, be some attention paid in this unit to the cultural and economic consequences of intellectual property laws, to the significance of access to the public domain and to the effects of international trade pressure in the area.

This unit covers copyright and designs law, both recognised branches of intellectual property law. Their existence is often justified on the presumption that they encourage the exercise of inventive, creative and entrepreneurial skill and labour. The protection these areas of law provides is said to enable commercial exploitation of the resulting works or designs. This unit focuses on the requirements for the copyright and design protection and investigates the bases upon which infringement action can be brought. Particular emphasis will be placed on the expanding scope of copyright and the implications of the internet, as well as provisions in the Copyright Act intended to address the apparent overlap between copyright and design protection. Although the unit of study will emphasise legal doctrine and be taught from the perspective of a relatively depoliticised formalism, it is also recognised that the deployment and the regulation of intellectual property inevitably have substantial cultural, technological and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, Gone With The Wind, as a literary work still under copyright, is both an asset with a monetary value and the focus of a civil rights activism which demands the right to imitate the work for social and political criticism and parody. There will, accordingly, be some attention paid in this unit to the cultural, technological and economic consequences of intellectual property laws, to the significance of access to the public domain and to the effects of international trade pressure in the area.

A vital function of public international is its struggle against violence, both in preventing it from occurring and mitigating its effects once it gets under way. This unit explores two key areas of international law devoted to regulating intense violence involving governments or non- State actors: (1) International Law on the Use of Armed Force, and (2) International Humanitarian Law (also known as the Law of Armed Conflict or the Laws of War). The first part of the course considers the prohibition on the use of force under customary law and the United Nations Charter; exceptions to that prohibition in cases of self-defence by States or collective security action by the UN Security Council; controversies over pre-emptive self-defence, humanitarian intervention and the "Responsibility to Protect"; peacekeeping and peace enforcement; the role of regional and international actors; and the use of force by and against non-State actors. The second part of the course considers the origins, purposes and sources of international humanitarian law; its scope of application; the different types and thresholds of conflict; the permissible means and methods of warfare (including restrictions on weapons); the status and treatment of combatants and non-combatants and others (such as spies, mercenaries, "unlawful combatants", "terrorists", journalists, and "private security contractors"); the protection of cultural property and the environment; the relationship between human rights law and humanitarian law; and the implementation, supervision and enforcement of humanitarian law (including the prosecution of war crimes and the role of the International Committee of the Red Cross).

The process of creating effective security interests in personal property to secure performance of contractual obligations is a critical component of commercial dealings and financings. This unit examines how security may be taken over common forms of personal property through a detailed analysis of the legislative regime established by the Personal Property Securities Act 2009 (Cth). Providing an overview of the historical and economic development of the law in this area, the unit explores the rationale for the comprehensive legislation as well as its underlying general principles. An international and comparative perspective is offered through references to the Canadian and New Zealand experience in introducing equivalent statutory frameworks, with part of the course materials drawn from these jurisdictions.

This unit of study will involve participation in one of three international moots, which in 2020 will be the Jessup Moot, the Willem C Vis International Commercial Arbitration Moot, and the Tokyo Negotiation and Arbitration Competition. There will be a competitive selection process for enrolment in the course. For all moots, students will work as a team preparing written memorials and oral argument on a set problem as required by each moot.

Migration Refugees and Forced Migration is designed to introduce students to one of the most fast moving and engaging areas of public law. At one level, the unit is about government regulation of the entry of persons into Australia. As such, it is a branch of applied administrative law that concerns the very make-up of our society, affecting both who we live with and how we live our lives. Statistics show that more than one in four Australians were either born overseas or had an Australian-born parent. Dramatic skills shortages have seen unprecedented rises in the number of migrants brought to Australia on temporary and permanent visas. In spite of this, controversy persists over the nature of Australia's immigration program and the extent to which the government is doing enough to control both unlawful entry and the quality of the (lawful) migrants. Issues surrounding refugees and asylum seekers are a constant preoccupation. Covering both immigration law and domestic aspects of the law of forced migration the course is also a fine vehicle for exploring issues of human rights and the interaction between domestic and international law.
With Sydney receiving the lion's share of the migrants that come to Australia each year, migration law has become a growth area for both lawyers and for migration agents. By placing the current mechanisms for the controlling migration in their legal, social, historical and economic contexts, this unit provides an opportunity to explore the "big" issues raised by migration and to look at why the subject has assumed such a central role in the development of Australia's identity as a nation.
The unit of study is designed to foster the following skills:
a. Skills of statutory interpretation and problem-solving, through the study and use in practical situations of the Migration Act 1958 and its associated Regulations;
b. Skills of legal analysis and evaluation, gained through the examination and synthesis of relevant legislation; of court decisions and of rulings by the Migration Review Tribunal; the Refugee Review Tribunal; and the Administrative Appeals Tribunal in its migration division; and
c. Oral and writing skills, through class participation, simulation exercises and the preparation of a major research paper.

This unit offers a detailed study of the content and role of the law of trusts in the management of assets. It examines conceptual analyses of the function served by trust law doctrine (including asset-partitioning, contractarianism and the irreducible core of trusts), as well as considering in depth the core doctrines that regulate the operation of intentionally created trust arrangements (such as trust accounting, the mechanisms for controlling trust powers, information rights, arbitration clauses, purpose trusts and enforcers). It also addresses some of the commercial uses to which trusts are put and the utility (or otherwise) of trusts in those settings. The focus is on traditional ('on-shore') jurisdictions, such as Australia and England, but consideration will also be given to the regimes in some of the 'off-shore' jurisdictions which are known for their innovation in trust laws.

This interdisciplinary unit is designed for LLB and JD students and provides 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.

This unit is designed to provide student with the opportunity to work on an interdisciplinary project in one of the University's Indigenous Service Learning Hubs. Students will work on real-world projects that have been prioritised and identified by Indigenous communities, applying their disciplinary expertise and gaining valuable experience in working across disciplinary boundaries.

Law has played an integral role in producing ideas about 'race' and in shaping the lives of racialised communities in Australia and elsewhere. Today however, some argue that the law is racially neutral and that we live in a post-racial society. This unit will explore influential scholarship in critical race theory and consider emerging debates on the relationship between the law, race and racism. By adopting a critical and intersectional perspective, this unit aims to deepen understandings of particular historical and contemporary laws and legal practices. The focus is on the explanatory and analytical utility of critical race theory. The examination of legal practices will include comparisons between the practices in various countries, and traverse various legal disciplines. Topics may include the law and racial classification; racial profiling; identity based claims and recognition; spatial and temporal dimensions of racialisation; legal approaches to historical (and contemporary) injustices such as colonialism, slavery and war; property; the organisation and policing of borders; and forms of resistance. Class discussion is an important part of this unit and lively debate on the readings is encouraged.

In the Australian context, citizenship status has recently been central to debates over Parliamentary disqualification by reason of dual citizenship, expanded powers of citizenship deprivation directed at 'foreign fighters', and proposed changes to the requirements for naturalization. The legal status of citizenship combines what is often a strong emotive charge, stemming from its relation to ideas of membership, allegiance and belonging, with a highly technical legal role in multiple fields of law. The course is particularly interested in the status as one that has implications within diverse fields of law, both municipal (constitutional and administrative) and international (public and private). A study of the legal status is an excellent vehicle for study of interactions between these fields. We will study the history of Australian citizenship, international law relating to nationality, the interaction between national citizenship regimes, current developments and proposals that affect rights integral to citizenship, and issues surrounding access to citizenship for long-term residents, among other topics. These issues will regularly be explored through their application to contemporary case studies and controversies. Their will include analysis of a wide range of sources, including publications in political science and history as well as judgments, court filings, government reports and parliamentary submissions. In relation to all of these topics we will consider the vexed relationship between citizenship as a formal status granted by states, and citizenship as a status enabling, and registering, belonging.

This unit examines history, theories and rationales relating the criminal trial as a feature of law and society. This academic inquiry is complemented by as study of the practicalities of a criminal trial, leading to students' preparing and running a simulated criminal trial in partnership with NSW Police, criminal lawyers, and psychology students. The unit addresses all of the Law School's LLB and JD Course Learning Outcomes, and the University's Graduate Qualities, in particular: depth of disciplinary expertise, critical thinking and problem solving, and oral and written communication. Participation in this unit is limited to 16 students and is subject to an application process.

Law, at its heart, is a human endeavour. It is deeply impacted by the way in which people think, feel and behave. Accordingly, Psychology is an important framework for understanding most legal issues. In particular, psychology illuminates: the conflicts that have inspired legal doctrines, the characteristics of those who create and administer the law, and the challenges that occur when a particular legal system is imposed on individuals. This connection was recently highlighted when Richard Thaler won the 2017 Nobel Prize in Economics for his work in psychology and law. We will explore the study and practice of law through the lens of empirically-tested psychological theories. The course begins with an examination of the three major groups involved in a legal action: the parties to the actions, the judges, and the jury. These topics provide a firm theoretical understanding of classic psychological processes (i.e., attitudinal biases, decision-making, and social cognition) as applied to legal concepts. The course builds on this theoretical framework to explore specific areas of law, such as intellectual property and evidence. We end on a practical slant, studying two topics that will most likely be highly important to students - how to employ the psychology of persuasion in advocacy work, and how to use the science of well- being to build a healthy and sustainable law practice.

Students who enjoyed studying other private law subjects will enjoy this unit. The central question considered is when the law allows one party to recover (the value of) benefits obtained by another. Despite the relative simplicity of this core concern, students will see that it raises a myriad of difficult, interesting and often unresolved questions. Perhaps the most fundamental of these questions is whether there is a unified law of restitution (or 'unjust enrichment') at all, or whether the subject merely brings together number of distinct, and only superficially related, claims. The unity of the law of 'restitution' for 'unjust enrichment' is now generally accepted in England, albeit that this is a relatively recent phenomenon. By contrast, the High Court of Australia has been more cautious in unifying the historically disparate restitutionary claims, upon which the modern law is based. While the focus will be on understanding precisely when the recovery of (the value of) benefits is possible under Australian law, a key underlying question explored is whether the Australian or English approach to the subject is preferable. Each week students are expected to read textbook chapters, cases, and articles by way of preparation for discussion in seminars.

For students studying overseas on an official university exchange program.

The goal of this unit of study is to provide students with an opportunity to pursue independent research in an area of their choosing. The project must involve a new piece of research. Material which has been submitted for assessment in any other unit of study may not form part of the project. Before enrolling in this unit of study, the student must formulate in writing the topic of the research project and a statement of methodology. The topic of the research project and the methodology must be approved in writing by a member of the teaching staff who agrees to act as supervisor and to be responsible for assessment of the research project. This approval will not be given if the topic of the research project falls within the scope of another unit of study being offered in the same semester. Students must have a WAM of 70% or higher to be eligible to enrol in this unit.

This unit will provide students with an overall picture of the modern Chinese legal system. It will develop a perception of its unique character by tracing its role through major social epochs and the role of law in a socialist market economy. It will examine the concept of law as a political function and the implementation of law, not so much through courts, as through administrative fiats and authority, making law essentially a function of politics and administration. The unit will illustrate these perceptions through the study of various legal regimes. Lecture topics may include: Chinese legal history; Chinese legal system; Criminal law and procedure; Constitutional law; civil law and procedure; legal profession; administrative law; contract law; property law; company law; intellectual property law; environmental Law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law.

This unit provides an examination of research methods in the context of criminology. The relationship between theory and methodology is explored. The production of knowledge about crime is critically assessed. Sources and forms of crime data are discussed and their significance is assessed. Research design, evaluation and analysis are also studied.

Covering two-thirds of the world's surface the ocean provides a range of indispensable public goods including fisheries and non-living resources and is a vital conduit for international trade. The international law of the sea regulates access to and use of the oceans, and this unit reviews the major areas of this area of international law as they have developed over the centuries. It takes as its focus the 'constitution' of the oceans - the 1982 UN Convention on the Law of the Sea. Each of the major maritime zones is assessed, and there is also a review of key sectoral issues, including the protection of the marine environment, fisheries management, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference is made to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.

This unit examines government regulation of health care and professional practice. With regard to each area of government decision-making, issues are analysed by reference to the interplay between social goals, human rights, legal rights and ethical considerations. Topics covered include the constitutional and statutory sources of government power with respect to health care: regulatory models and reform of public health legislation; therapeutic goods administration; health insurance; pharmaceutical benefits and the pharmacy industry; human tissue legislation; discipline of health professionals with a focus on the National Law; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.

This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.

This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.

This unit is a comprehensive introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. It also offers some comparisons with regulation under bilateral and regional trade agreements. It can be taken as either a stand-alone introduction to WTO law or to acquire a solid basis for further study of WTO law. (Students may wish to continue on to take LAWS6249 World Trade Organization Law II which builds upon the knowledge gained in this unit and considers some additional topics of WTO law.) The introductory topic considers the functions of the WTO through the consideration of some basic economics of trade and of public choice. We review the history of the General Agreement on Tariffs and Trade (GATT) and the creation of the Agreement Establishing the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT (and comparing with some bilateral and regional trade agreements). There follows a detailed study of the WTO dispute settlement system, under the WTO Understanding on Dispute Settlement, its concepts, procedures and enforcement. We study the framework of rules under the General Agreement on Trade in Services (GATS) and compare it with the negative list approach used under some bilateral and regional trade agreements; and the rules of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), emphasizing patents, copyright and trademarks, and noting some TRIPS plus aspects of some bilateral and regional trade agreements. The unit analyses in more detail some of the fundamental rules of the GATT: rules on tariff bindings and customs duties, national treatment, non-tariff barriers, the MFN rule on non-discrimination and an introduction to the rules on subsidies. We conclude with a synopsis of WTO developments to the present day. This unit is assessed in two ways: an essay on the object and function of the WTO system and its dispute settlement system; and an exam requiring students to apply the basic rules of the GATT, GATS and TRIPS to fact situations.

The aim of the unit of study is to provide an introduction to the framework, concepts, sources and techniques of pollution control law and corporate environmental liability. The history and framework of international laws regulating pollution will be examined before exploring a range of legal and regulatory measures for pollution control and corporate environmental liability at both the Commonwealth level and within New South Wales. An overarching theme will be the need for effectiveness in implementation and enforcement of pollution control and governance measures that have been developed to prevent harm and promote ecologically sustainable development.

This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step. It deals with each stage from the reporting or observation of crime, through investigation, arrest, charging, bail, plea, hearing, appeal, retrial and publicity. It describes how actors at each step (citizens, police, prosecutors and judges) confront decision making, the laws (legislation, common law) and rules (prosecution guidelines, memoranda and procedures) that apply and provides examples of the exercise of such discretions. It also looks at the place of public commentary (personal, the media and political) in the process. The unit explores nuances in the conduct of any criminal prosecution aside from the application of the letter of the law.

The object of this unit is to provide an overview of the income tax system of China and a detailed analysis of the most important legislative and treaty rules of China in the area of international income tax, especially in dealings with Australia. Upon successful completion of the unit, students will have an advanced understanding of the policies underlying the Chinese rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions. This unit includes a study of: overview of the Chinese income tax system; taxation of inbound investment into China; taxation of outbound investment from China; transfer pricing issues, and China's tax treaties.

This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined.

Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.

In this unit, the environmental law and policy of selected countries and regional organisations in the Asia Pacific will be studied against the background of relevant international environmental law and institutions. Unit topics will be divided into four sub-regions: Pacific Island Developing Countries, South East Asia Region ASEAN and Mekong countries, North Asian Region, Japan, Peoples Republic of China, South Asian Region, South Asian Association of Regional Cooperation SAARC Countries. In relation to each region the implications of international and regional environmental law and institutions will be explored followed by country specific case studies involving a range of issues such as biodiversity access to modern energy services, natural resources and environmental planning, industrial pollution, environmental impact assessment, climate change and protection of the marine and coastal environment. Case studies on regional environmental issues such as ASEAN Haze will also be included.

Biological diversity is the variability among living organisms and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems. Aside from whatever intrinsic value it may possess, biodiversity is crucial to support human life and welfare. Australia is fortunate to have some of the world's most complex and unique biodiversity unfortunately, also to have one of the highest rates of extinction and loss of biodiversity. Despite a sophisticated system of environmental governance and a relatively high degree of environmental awareness, biodiversity continues to decline rapidly in Australia.
This unit considers the international legal regime related to the protection of biodiversity; how international instruments are incorporated into (or otherwise affect) Australia's regime; and the operation of Australia's regime at both national and state levels (particularly in NSW) - and consideration of various threats to biodiversity, different protection options, and how biodiversity-related considerations affect and are affected by other Environmental Law fields.
National heritage is one of nine matters of national environmental significance protected under Australia¿s Environment Protection and Biodiversity Conservation Act. This unit covers conservation of natural and cultural heritage, including intangible, underwater, movable and Australian Aboriginal heritage. International, national, state and local regimes for heritage conservation are examined and considered in the context of broader biodiversity-related environmental decision making.

This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital. Upon successful completion of this unit a student should have an advanced understanding of the policies underlying the Australian tax treaty position in relation to the taxation of various kinds of income, as well as a detailed knowledge of the law applicable to interpretation of Australia's treaties. The unit includes a study of: principles of tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.

This unit examines responses to crime and crime prevention with reference to shifting notions of crime and responsibility for crime. It encourages a critical appreciation of the limitations of criminal justice system responses to crime and the necessity to develop a broader approach to crime prevention policy which responds to economic, social and cultural issues. The unit examines different ways of thinking about criminal justice, such as a means of order maintenance, dispute resolution, or risk management, and the shifting focus towards the prevention of future harms. Specific topics may include: restorative justice specialist courts, privatisation and contractualism, security, policing, and approaches to crime prevention and community safety.

Immigration and Labour Law is a specialist unit designed to provide candidates with an opportunity to explore in depth a particular facet of immigration law that concerning the admission and treatment of noncitizens on grounds of employment or special skills. The unit is designed to be interdisciplinary in its focus offering insights for both candidates with particular interests in migration law and those with expertise or interests in employment law It examines the economic basis of the skilled component of Australia¿s immigration program exploring the different theories and practical strategies adopted over the years in the selection of skilled migrants. It also looks in some detail at the various components of the skilled migration business skills and temporary skills transfer sub-programs. The unit involves the study of the laws and policies relevant to both the employment of foreign workers in Australia and the employment of Australian workers overseas. The unit covers substantive aspects of migration and labour law in Australia as well as law and policies relevant to the settlement and ongoing employment of foreign workers Included for special study in this regard are the matters of the recognition of overseas qualifications and the taxation superannuation and investment laws applicable to foreign workers. The unit of study is designed to foster the following skills: Skills of statutory interpretation and problem-solving through the study and use in practical situations of the Migration Act 1958 and its associated Regulations Skills of legal analysis and evaluation gained through the examination and synthesis of relevant legislation of court decisions and of rulings by the Migration Review Tribunal and Oral and writing skills through class participation simulation exercises and the preparation of a major research paper.

This unit introduces the key concepts that underpin the Australian GST, the policies underlying the tax, and the way those policies are (or are not) reflected in the design of the GST law. The aim is to give participants a working knowledge of the operation of the GST law and an awareness of the practical problems encountered in practice, informed by an understanding of the way in which the law is intended to operate. The unit will commence with an examination of the basic design features of value added taxes in general and of Australia's GST in particular. It will then examine the core elements of the GST law, including: the taxpayer (entities, enterprise, and the obligation to register for GST), the liability for tax on supplies made for consideration; the value of taxable supplies and the amount of GST payable on supplies; the entitlement to input tax credits and the range of subsequent adjustments that may be required; attributing GST and input tax credits to tax periods; adjustments for adjustment events; basic principles of GST-free and input taxed supplies (including an introduction to the treatment of real property transactions financial supplies); basic cross-border issues, including the treatment of imports and exports.

This unit will explore a range of recent trends and issues in corporate governance including:- the link between corporate scandals and corporate law reform; the board and independent directors; principles-based versus rules-based regulation; shareholder empowerment and institutional investor activism; takeovers and the regulation of executive pay. The unit will examine these issues from a comparative law perspective, analysing fundamental differences in corporate governance structure and techniques in a range of jurisdictions, including the US, UK, Germany, China and Australia.

This unit of study will focus on the practice and procedure of class actions, which have emerged as the fastest growing species of litigation in Australia. Students will review the threshold requirements of commencing a class action, the processes by which class actions are brought to mediation and trial, and the perspectives of plaintiffs, defendants and third party litigation funders. The intersections of the legal and economic aspects of class actions will be considers in the context of a variety of species of this litigation, including shareholder, consumer, product liability, mass torts, environmental and cartel conduct claims. Students will review the relevant state and federal legislation governing class actions and case law that has developed in this area, together with developing a real-world practical understanding of how this litigation is conducted before the Courts.

Climate change impacts are already being felt around the world and governments are called upon to reduce greenhouse gas emissions engage in climate change adaptation and disaster risk reduction and respond to the loss and damage caused by climate disasters. Climate disasters demand an integration of multilateral negotiations on emissions reduction and adaptation disaster risk reduction sustainable development. Human Rights and human security Via detailed examination of recent law and policy initiatives from developed and developing countries this unit offers students a unique approach to human and non-human. Climate Justice and its application to all stages of a disaster prevention response recovery and rebuilding and compensation and risk transfer. The role of insurance plays an important part in compensation and risk transfer. The unit of study comprehensively analyses the complexities of climate science economics and their interfaces with the climate law and policy making processes and also provides an in depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change UNFCCC to the 2015 Paris Agreement.

Advances in technology pose new challenges for international governance. In an increasingly inter-connected world, new technology raises legal issues relating to its use, distribution and control. This unit will focus on the response of the international community to technological progress across the different specialised regimes in international law. The unit will commence with an overview of the framework of international law and international courts and the challenges relating to the regulation of new technology. This unit will then consider the intersection of technology and key specialised regimes in international law, focusing on Trade, Environment, Law of the Sea, Health, Crime, Use of Armed Force and Intellectual Property Rights. The unit will be taught using case studies, allowing students to discuss and analyse specific examples of new technology and international regulation.

In this unit, we examine laws that regulate work-family balance looking at employer duties to provide family-friendly working conditions and employee rights to have caring responsibilities accommodated in the workplace. We look at gender norms about work and care and how law reflects reinforces and sometimes challenges these. The focus is on workplace laws Fair Work Act 2009 Cth anti-discrimination legislation in respect of discrimination on the basis of sex and caring responsibilities and the Workplace Gender Equality Act 2012 Cth. We will however also touch on a range of other laws that regulate work and care including laws governing paid parental leave social security and tax laws including childcare subsidies and family assistance. Comparisons will be made with alternative legal regimes for work and care in other countries such as the United States United Kingdom New Zealand and Sweden.

The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets. This prompted a fundamental reconsideration of the design of financial regulation, which governs a financial system that has become ever-more complex and interconnected, and which evolves at an ever-accelerating pace. This course presents a holistic overview of the key principles underpinning financial regulation. It draws on economic theory to explain the way in which the financial system functions, and then to analyse the goals of financial regulation. This analytic framework is then applied to a series of substantive topics in financial regulation, spanning the traditionally-separate fields of banking, markets, and consumer finance. The unit also considers the operation of the new tools of 'macro-prudential policy' and the international coordination of financial regulation in the global financial system. While the substantive topics are considered in terms of EU and US rules, the analytic tools developed are of more general application. Topics covered in this unit: The financial system; Goals and challenges of financial regulation; Consumer finance; Market regulation; Bank capital and liquidity regulation; Bank governance and resolution; Shadow banking and Macro-prudential and international coordination. Students who complete this unit successfully will have an overview of the economic principles underpinning financial regulation, to be able to understand and critically evaluate the principal substantive aspects of financial regulation in the US and EU, as well as their international coordination.

This unit critically examines the development of the modern criminal law and process broadly since end eighteenth century. In terms of process, topics to be considered may include: the development of the adversarial trial system, the decline of capital punishment, the formalization of rules of evidence and proof the growth of the summary jurisdiction and the appearance of hybrid civil criminal procedural forms. In terms of criminal law topics may include: non-fatal offences against the person sexual offences possession and endangerment offences. The discussion of these topics is set in the context of legal scholarly discourse criminal law theory and the unit provides opportunity for reflection on the contemporary challenges of coordination and legitimation facing the criminal law. This unit adopts an explicitly critical sociohistorical approach to the study of law. Discussion of relevant legal theoretical scholarship forms a core part of the subject matter of the unit.

The unit will begin with an evaluation of the business rationale for Mergers and Acquisitions (MA) and a discussion of the various types of transactions and related terminology. After a brief discussion of the evolution of the regulation of MA in the Western context, it will delve into various forms of MA in leading Asian jurisdictions, and the manner in which they are regulated. The unit will involve a strong comparative element that compares MA in Asia with that in other jurisdictions, as well as specific factors among various Asian jurisdictions. While it will engage an analysis of the legal systems in several Asian jurisdictions, greater emphasis will be placed on policy as well as practice. Transaction structures analyzed include business and asset sales and amalgamations, with a significant focus on the regulation of takeovers. While corporate and securities law issues form the thrust, incidental reference will be made to accounting, tax and competition law considerations. Finally, the transactional perspective will consider various structuring matters, planning aspects, transaction costs and impact on various stakeholders.
The is one of our 2018 international visiting faculty, Umakanth Varottil, who is Associate Professor at the National University of Singapore.

The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australia¿s National Electricity Market and national water trading markets as well as the corporatisation and privatisation of energy and water utilities provide fascinating examples of this.

This unit examines various perspectives on the recognition of victims of crime as participants in the criminal justice system. This unit examines the victim of crime as a dynamic agent of justice by considering the role of the victim in the development of criminal law, the removal and exclusion of the victim in criminal justice, the rise of the victim rights movement, the development of victim rights and human rights and the contemporary relocation of the victim in common law and statute and as a participant of the criminal trial. It encourages a critical appreciation of the criminal justice system by examining competing theories of victimisation and the attempt to place these theories into a particular policy context. Through a discrete examination of the needs of particular victim groups law reform inquiries and commissions and reforms to the criminal trial, this unit will challenge the major assumptions of the removal of the victim from the criminal justice system and will critically evaluate the often incomplete and fragmented way in which victims are granted a level of recognition in the modern justice system on a domestic and international basis.

This unit presents the major aspects of the law of negligence from the perspective of statute. While there is detailed coverage of the Civil Liability Act, the larger goal is to demonstrate that for at least a century, much of the law of negligence is a product of, or a reaction to statute. That is most obvious in areas such as contributory negligence, tortfeasor contribution and personal injury damages, although the true extent of the role of statute is greater than is often perceived. But statute is at the forefront of basic areas such as duty of care and causation, in important aspects of breach (notably, for professional negligence), in the availability of damages for psychiatric injury, as well as having been central to the immunities of highway authorities and other public authorities for many centuries. The unit will also facilitate a greater appreciation of the range of statutes and the different ways in which they interact with judge-made law.

New digital technologies are rapidly emerging as conduits for criminality as well as tools of policing and criminal procedure, and in the infrastructure of punishment. In this unit of study, students will learn about the impacts of technologies on crime and justice: in the commission of new crimes, in law enforcement and regulatory challenges, national security, and digital transformations in court procedure and court space, algorithmic risk assessments, corrections, and in the supervision of offenders. This unit of study draws from socio-legal literature and the emerging field of Digital Criminology to understand the profound shifts occurring in the move from terrestrial to digital environments, and from human 'reality' to augmented, virtual and artificial platforms in the criminal justice system.

Energy, infrastructure and resources projects are critical to meeting our current and evolving needs for the products and services that they provide. They are also a key component of government stimulus packages in response to economic downturns. Project finance is one of the most common mechanisms for developing and delivering these projects. This unit introduces and explores the fundamental principles of project finance from a practical perspective, using case studies and group work. We will identify the key parties and explore their objectives. Key risks will be identified and analysed, as well as options for mitigating them. We will discuss core contractual structures, the key terms that are negotiated in project and finance contracts and their implications. The impact of different sources of financing will be considered. This unit will also provide a framework for understanding the similarities and differences of project finance across different sectors. The lecturer, a highly experienced practitioner in the field, will draw on her own experience of project finance from Australia and Asia, through to the US and Europe, as well as guest lecturers from top tier law firms and industry players, to explain key concepts, explore practical case study examples and provide a range of industry perspectives.

This unit involves the operation of insolvency law in its commercial context. The unit will build on studies in Insolvency Law by considering how insolvency law rules interact with non-insolvency law (including taxation law, trusts law, property law and employment law) within the context of common commercial arrangements (such as commercial leasing, trading trust arrangements and contracts for the supply of services). The unit will consider the position of common stakeholders involved in debt restructuring and corporate rescue efforts to support debtors during times of financial distress.

This unit will explore the notion of the global economy, highlighting its impacts on norms, assumptions and ideas we have about the purpose and operation of labour law. Students will be introduced to the architecture of international labour law by an examination of leading organisations such as the International Labour Organisation, the United Nations, the Organisation for Economic Co-operation and Development and others. We will also examine the ways in which the global trading system does (or does not) engage with labour matters, including consideration of bi-lateral and multi-lateral trade agreements. Less traditional regulatory modes such as corporate self-regulation, ethical consumerism, supply chain regulation will also be analysed. The purpose and effectiveness of these institutions and processes will be evaluated through a consideration of a number of thematic issues, including freedom of association and the protection of trade union rights, forced labour including so-called modern slavery, working time issues including working during the pandemic, and informal or non-standard work in the gig economy. We will compare some of the relevant Australian laws with those of other countries in these thematic areas.

This unit provides an introduction to public health law. It begins by asking the question `What is public health law¿? It explores the historical concerns and conceptual focus of public health law and how they have evolved over time. Next the unit reviews a series of case studies that illustrate the sources of public health law including the impact of international law on access to essential medicines in low income countries and the impact of constitutional rights on governments capacity to protect public health. The case studies illustrate the wide variety of legal issues that arise in public health as well as debates about the appropriate limits for law in protecting health in a liberal democracy and the irreducibly political nature of public health law. The unit then considers three foundational topics in public health law. These are Australia¿s legal framework for responding to public health emergencies with a focus on pandemic influenza and other contagious diseases with pandemic potential laws role in regulating sexual health and transmission of STIs and tobacco and nicotine control. Key topics include: The definition and role of public health law Case studies illustrating the sources of public health law. The legal framework for managing pandemic influenza and other acute public health threats. An introduction to tobacco control law and laws role in promoting sexual health. Throughout the unit students will be trained to identify legal issues and to critically evaluate the impact of law on efforts to protect the public¿s health with due regard to civil liberties and other competing public and private interests. A flexible assessment regime will allow students to focus on issues of interest within the unit.

Hate crime has emerged as a global problem in the last few decades. Yet the concept itself is controversial. This unit aims to trace the development of the socio-legal concept of hate crime, causal explanations for hate crime and the different ways in which it is regulated. The unit will examine some the major forms of hate crime, including racist, ethno-religious and homophobic violence, with a focus on contemporary debates, such as: is violence against women a form of hate crime; should paedophiles be a protected category; should hate crimes attract higher punishment than other crimes? The unit will critically assess the international geography of hate crime law, making comparisons between Australia, the UK and the US. The unit will seek to provoke debate about how we should define and combat the problem of hate crime.

This unit of study aims to provide an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes. The United Nations Charter provisions for the peaceful settlement of international disputes will be taken as creating the basic framework for the review of dispute resolution techniques. These include negotiation, good offices, mediation, conciliation, arbitration, and adjudication. Particular attention will be given to in-depth analysis of certain disputes and the legal and political techniques used in their resolution. These disputes may include the Tehran Hostages case, the Nuclear Tests case, the East Timor case, and dispute over the status of Kosovo.

This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.

This unit considers the significance of anxiety, 'fear of crime', risk and insecurity in the late modern world. It uses sophisticated analytical tools to discuss both the supposed growth in 'fear of crime' and the emergence of an array of technologies aimed at the reduction of crime risks. It also critically examines just what 'fear of crime' might actually be and how newspapers, security products, and insurance can be sold to us using the hook of our own anxieties. It also examines the anxieties related to terrorism and threats to national security and sovereignty.

Western attitudes toward death have undergone a remarkable transformation in the last century. For many, death now takes place in the hospital or the hospice following the decision of a doctor to cease providing treatment. As the management of death has passed from the family to health care professionals, it now makes sense to regard the moment and circumstances of death as largely medical phenomena. Moreover, as 'autonomy' has taken a dominant place amongst ethical values, it also makes sense to describe and measure death in terms of its 'acceptability' both to the dying person and his or her survivors. In tandem with these changes, technological innovations have transformed the dead or dying body into a potential source of valuable (and recyclable) biological material. These developments have thrown up new and urgent challenges for legal understandings about the timing of, and criminal responsibility for causing, death both within and outside medical settings. These developments have also disturbed conventional understandings of the corpse as sacred. Topics to be covered may include: death in contemporary Australia, the legal definition of life and death, medical futility and the concept of 'lives not worth living', euthanasia (with and without request), physician-assisted suicide, refusing and withholding life-prolonging treatment in adults and children, the Shipman/Patel scandals, ownership of the corpse and body parts, dead donor organ transplantation, organ sale and theft, posthumous reproduction, 'mercy' killing outside medical settings and the jurisdiction of the Coroner. The unit will interrogate these and other contemporary challenges for the law relating to death and dying both within Australia and, where appropriate, other selected comparator jurisdictions (US, UK and Canada). These will be mapped against socio-historical understandings of the changing meaning of death, dying and serious disability in Western societies, and students will be encouraged to reflect on the broader legal implications of these developments.

This unit introduces students to the international regulation of foreign investment. It examines core principles of international investment law, regional and bilateral investment treaties, the settlement of investment disputes, and the international economic and political context in which the law has developed. The unit considers the origins and evolution of international investment law through to the recent formation of the current international legal framework for foreign investment through bilateral and regional investment treaties. It examines the substantive standards of protection contained within investment treaties (such as the fair and equitable treatment standard, and the prohibition on expropriation without compensation), recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment treaty arbitration under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. It also examines recent developments including the negotiation of mega-regional trade and investment agreements, such as the Trans-Pacific Partnership Agreement and the negotiations towards the Transatlantic Trade and Investment Partnership.

This unit introduces the law and practice of dispute resolution in Asia, focusing on both major economies and legal systems (such as China, Japan, Korea and India) and smaller ones (especially within ASEAN). It examines the extent and mechanisms of harmonisation within Asia, particularly by examining in each of these jurisdictions how a firm would typically resolve or avoid both domestic and cross-border disputes with other firms, governments, or consumer. It covers and compares various dispute resolution processes including especially litigation, commercial and investment treaty arbitration, and mediation. The unit therefore aims to combine a broader comparative and theoretical perspective with more practical applications in managing disputes in Asia. It complements especially LAWS6932 Law and Investment in Asia.

The aim of this unit is to provide students with a broad overview, on a comparative basis, of the key legal issues commonly faced when investing and doing business in Asia. This unit looks at the regulation of investment across chosen jurisdictions across Asia, including Japan, China and Southeast Asia (particularly Indonesia, but it may also look at jurisdictions such as Malaysia, Thailand, Myanmar and India) and compares them with each other and with the Australian regulatory system. It also looks at international treaties which increasingly impact on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility and anti-corruption law; dispute resolution (especially international commercial and investor-state arbitration); and key issues in modern comparative law which may assist students in their study of 'foreign' legal systems. The unit also involves case studies and occasional guest lecturers.

The aim of the unit of study is to consider the legal issues and transactions relating to the exploration, production, and marketing of petroleum, which, owing to its economic and strategic importance, is the most important commodity traded worldwide. Coverage includes how countries establish sovereignty and control over petroleum resources and how host governments (HGs) or their national (state-owned) oil companies (NOCs) contract with private international oil companies (IOCs) for the exploration and development of petroleum resources. The unit also examines the legal nature and protection of oil and gas exploration rights, including licensing and development issues. The core of the course describes and analyses key contracts between HG/NOCs and IOCs, as well as contracts among IOCs and between IOC `operators¿ and petroleum-services contractors - all to facilitate petroleum exploration, development, and marketing. Because petroleum is one of the most politically charged commodities, this class will also consider extra-territorial anti-corruption law. In a broader sense, this class will help students develop better analytical skills - especially the ability to critically evaluate contracts. At the outset, the unit will consider the outlook for petroleum vis-à-vis other energy resources in light of supply, demand, climate change and the energy transition.

This unit is for law graduates who have or intend to have a practice that exposes them to cross-border financings and acquisitions. The unit highlights the distinctive concepts and practices relating to overseas securities and corporate laws in cross-border transactions focusing to a significant extent on US laws and practices. It concentrates on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal. The US segment will begin with a brief examination the US Federal system in which corporate and securities law responsibility is allocated between the states and Federal government proceed to a detailed discussion of the process of offering securities in the US and how it can affect non-US offerings in practice and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M and A concepts and practices including mergers breakup fees poison pills and proxy fights will be discussed. The remainder of the unit will focus on deal regulation of selected other overseas jurisdictions in which there have been recent activity. We will also examine practical consequences of the regulatory requirements of these jurisdictions particularly in so far as they relate to M and A as well as certain subjects that have worldwide applicability. The unit will be taught by a series of seminars and may include an occasional guest lecture panel discussion. The purpose of the unit is to assist Australian and other non-US lawyers in identifying potential cross-border issues and being creative in solving the challenges that arise in international securities transactions. The lecturer is the Dealpolitik Columnist for The Wall Street Journal and a former M and A partner at leading US law firm Skadden Arps Meagher and Flom LLP.