Bachelor of Laws

Unit outlines will be available through Find a unit outline two weeks before the first day of teaching for 1000-level and 5000-level units, or one week before the first day of teaching for all other units.

Not all units of study listed are offered in a given year. Please refer to the latest Sydney Law School lecture timetable.

Students are advised that given the current pandemic context, it may be necessary, at very short notice, to change unit of study details, including mode of delivery and assessment. Students should check unit of study details provided in the unit outline at the start of each unit of study and continue to check for any changes throughout the semester.

Part 1 - Elective Units of Study

Students must successfully complete 42 credit points from the elective units of study including:
(a) a maximum of 36 credit points from Part 1 - Elective Units of Study
(b) a minimum of 6 credit points from Part 2 - Jurisprudence Units of Study
(c) no more than 24 credit points of Master's level elective units of study.

Part 1 - Elective Units of Study

LAWS3401 Advanced Constitutional Law

Credit points: 6 Teacher/Coordinator: Professor Peter Gerangelos Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1021 and LAWS2011 Corequisites: LAWS2011 Prohibitions: LAWS5101 Assessment: Class-participation/presentation (20% - redeemable); and either a 5000 - 7000wd research essay or moot (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day
The main purpose of this course is to build on the fundamental understandings achieved in Public Law and Federal Constitutional Law in order to provide a far broader and deeper understanding of the subject. This will be achieved by, first, examining in depth the fundamental aspects and tenets of constitutionalism in the Australian context and from a more jurisprudential perspective. Reliance will be placed on comparative jurisdictions, in particular the United States and the United Kingdom. A detailed analysis will first be attempted of the following major concepts in the more precise context of Westminster-based systems: the rule of law, parliamentary sovereignty, the ambit of executive power and the precise status and principles of responsible government, judicial review and constitutional rights, separation of powers, constitutional conventions, the reserve powers of the Governor-General, the status of common law principles as fundamental constitutional guarantees. A principal focus will be the nature and ambit of executive power, and the evolving jurisrprudence of the High Court on this question. The course will examine the evolving notion of parliamentary supremacy from Diceyan orthodoxy to the more recent debates involving leading constitutional scholars in the UK and Australia. In relation to separation of powers, the different constitutional consequences which result when the doctrine is entrenched in a written constitution (as in the US and Australia) on the one hand, and when it exists as a convention without being so entrenched, on the other, will be explored. The relationship between executive and legislative power will be the principal focus. This will enhance an understanding of the definition, nature and limits of judicial, executive and legislative power and their inter-relationship, an issue which becomes particularly important at moments of constitutional uncertainty and stress, especially at the crossroads of their power. The functionalist/formalist debate will be examined to determine the most appropriate interpretive methodology with respect to the application of the constitutional limitations which may emanate from the separation of powers. In so doing, the principal decisions of the High Court of Australia and other relevant courts in other jurisdictions. There will be an opportunity to evaluate major Australian constitutional decisions in a detail not possible in the prerequisite and undergraduate courses. A principal underlying theme will be the extent to which the tenets of constitutionalism are being complied with in Australia and the extent to which they can be. The course will be enriched and made more presently relevant by the exploration of current developing themes in constitutional law. The precise topics may vary from year to year. Depending on the topic, this may involve the introduction of completely new themes or the integration of developments with topics already examined.
LAWS3403 Advanced Corporate Law

Credit points: 6 Teacher/Coordinator: Dr Kym Sheehan Session: Semester 1 Classes: 1 x 3hr seminars/week for 13 weeks Prerequisites: LAWS2014 Prohibitions: LAWS3445 or LAWS5103 Assessment: problem question assignment (30%), and either 4,500wd research essay (70%) or final 3,500wd take-home exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3408 Advanced Public International Law

Credit points: 6 Teacher/Coordinator: Professor Tim Stephens Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1023 Prohibitions: LAWS5108 Assessment: 3, 000wd essay (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit provides an opportunity for students who are familiar with the basic institutions and processes of public international law to broaden and deepen their understanding by studying several international law topics of conceptual importance and contemporary relevance. It follows that a prerequisite is the unit LAWS1023 Public International Law or LAWS5005 Public International Law, or an equivalent unit undertaken at another institution. The topics covered by this unit are: (1) the relationship between international law and Australian law; (2) the law of treaties; (3) the international law of the sea; (4) international environmental law; (5) international law governing the polar regions; (6) the law of international organisations; and (7) systems of compliance and dispute settlement in international law.
LAWS3409 Advanced Taxation Law

Credit points: 6 Teacher/Coordinator: Associate Professor Celeste Black Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS3412 Prohibitions: LAWS5109 Assessment: mid-semester test (30%) and 2 hr final exam (100%). Mode of delivery: Normal (lecture/lab/tutorial) day
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.
Textbooks
Income Taxation: Commentary and Materials (Thomson Reuters, current edition)
LAWS3411 Anti-Discrimination Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Belinda Smith Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS5111 Assessment: Class participation (10%), mid-semester exam (25%) and 2hr final exam (65%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3412 Australian Income Tax

Credit points: 6 Teacher/Coordinator: Mr Micah Burch, Associate Professor Celeste Black Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS5112 Assessment: Optional 2 hour mid-semester test (30%) and 2 hr final exam (70% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
Textbooks
Income Taxation: Commentary and Materials (Thomson Reuters, current edition)
LAWS3413 Banking and Financial Instruments

Credit points: 6 Teacher/Coordinator: Professor Roger Magnusson Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1015 and LAWS2015 Prohibitions: LAWS5113 Assessment: Three options: 1) 2,750wd assignment (50%) and 1hr exam (50%); 2) 3,500 wd essay (50%) and 1 hr exam (50%); 3) 2hr exam (100%). Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3417 Commercial Land Law

Credit points: 6 Teacher/Coordinator: Mr Harrison Simons Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS2017 Prohibitions: LAWS5117 Assessment: Interim test (30%), final problem-based assignment (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
In terms of content, this unit aims to explore in greater depth some important aspects of the law of real property which the compulsory Real Property unit does not cover. The topics which will be covered will be: leases (including covenants of leases, assignments of leases, remedies of landlords, relief against forfeiture and subleases); possessory title; mortgages (with special attention on the rights and remedies of the mortgagor and mortgagee; reverse mortgages); options and only if significant time permits strata and community titles. Students who wish to practise in the area of property law are encourage to consider studying this unit, because the matters covered are indispensable for a career in property law. 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.
Textbooks
Brendan Edgeworth, Butt's Land Law (7th ed, Lawbook Co, 2017).
LAWS3419 Competition Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Yane Svetiev Session: Semester 2 Classes: 2x2hr seminars/wk for 10 weeks Prohibitions: LAWS5119 Assessment: Optional 3000wd assignment (30%) and final take-home exam (70% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3426 Criminology

Credit points: 6 Teacher/Coordinator: Associate Professor Garner Clancey Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS5126 Assessment: Class participation (10%), 1200wd paper on prison visit (30%), and 3000wd research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3427 Death and Inheritance Law

Credit points: 6 Teacher/Coordinator: Associate Professor Fiona Burns Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks NB subject to change Prohibitions: LAWS5127 Assessment: Structured class presentation (20%), 2500wd research essay (40%) and 2500wd problem question. NB Subject to change and dependent on enrolment numbers Mode of delivery: Normal (lecture/lab/tutorial) day
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.
Textbooks
Students will be informed during the first week of classes
LAWS3428 Media Law: Defamation and Privacy

Credit points: 6 Teacher/Coordinator: Professor David Rolph Session: Semester 1a,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS5128 Assessment: Four options: 1) 2,500wd problem assignment (30%) and take-home exam (70%); 2) 3,500wd research essay (40%) and take-home exam (60%); 3) 2,500wd problem assignment (30%) and 3,500wd research essay (40%) and take-home exam (30%); or 4) take-home exam (100%). Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3430 Environmental Law

Credit points: 6 Teacher/Coordinator: Dr Kate Owens Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Corequisites: LAWS2010 Prohibitions: LAWS5130 Assessment: Essay (50%) and take-home exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3431 Law and Social Justice Clinic

Credit points: 6 Teacher/Coordinator: Ms Irene Baghoomians Session: Semester 2 Classes: 10 x 2 hr seminars/semester Prohibitions: LAWS5131 Assessment: Class attendance and participation (20%) and site performance (20%) and 3000wd essay (40%). Also requires satisfactory attendance at placement and maintenance of a reflective journal 20%) Practical field work: Placement one day a week at an approved site for the duration of the semester (11-12 weeks). Mode of delivery: Professional practice
Note: Department permission required for enrolment
Note: Enrolment in this unit is by special application. Enrolment is restricted to students in their final year of study.
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.
LAWS3432 Family Law

Credit points: 6 Teacher/Coordinator: Dr Ghena Krayem Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks. Prohibitions: LAWS5132 Assessment: Group Assessment (10%), 2500wd assignment (45%) and final take-home exam (45%). Mode of delivery: Normal (lecture/lab/tutorial) day
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; family violence.
Textbooks
Patrick Parkinson, Australian Family Law in Context, commentary and materials, 7th ed, Lawbook Co, 2019
LAWS3434 International Human Rights Law

Credit points: 6 Teacher/Coordinator: Professor David Kinley Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1018 or LAWS1023 Prohibitions: LAWS5134 Assessment: 3000wd essay (60%) and short-release assignment (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
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 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.
LAWS3435 Indigenous Peoples and Public Law

Credit points: 6 Teacher/Coordinator: Dr Tanya Mitchell Session: Semester 1 Classes: 2 x 2hr seminars/wk for 10 weeks Prohibitions: LAWS5135 Assessment: Class presentation (20%) and 5000wd essay (80%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3437 International Commercial Arbitration

Credit points: 6 Teacher/Coordinator: Professor Chester Brown, Professor Luke Nottage Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1015 Prohibitions: LAWS5137 Assessment: 2500wd mid-term assignment (40%) and 3500 wd final research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3441 Introduction to Islamic Law

Credit points: 6 Teacher/Coordinator: Associate Professor Salim Farrar and Mr Aftab Malik Session: Semester 2 Classes: 2x 2hr seminars per week Assessment: Class participation (10%) and blog (30%) and 4000-5000wd research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3443 Interpretation

Credit points: 6 Teacher/Coordinator: Ms Patricia Lane Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS1015 and LAWS1021 Prohibitions: LAWS5143 Assessment: 3,000wd research essay (40%), 1000wd drafting exercise (20%) and end of course take home exam OR 3000wd optional additional research essay OR 3000wd long problem (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
Textbooks
Herzfeld Tully and Prince Interpretation and Use of Legal Sources 2013
LAWS3445 Insolvency Law

Credit points: 6 Teacher/Coordinator: Professor Jason Harris Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prerequisites: LAWS2014 Prohibitions: LAWS3403 or LAWS5145 or LAWS5103 Assessment: 3000wd answer to a problem question (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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.
Textbooks
Michael Murray and Jason Harris, Keay's Insolvency: Personal and Corporate Law and Practice (Law Book Co. 10th ed 2018).
LAWS3446 Labour Law

Credit points: 6 Teacher/Coordinator: Professor Joellen Riley Session: Semester 1 Classes: 1x3hr seminar/week for 13 weeks Prohibitions: LAWS5146 Assessment: 3000wd assignment (40%) and 2 hour open book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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 Australias 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 Australias 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).
Textbooks
Joellen Riley Munton Labour Law: An Introduction to the Law of Work (Oxford University Press, 2021)
LAWS3452 Medical Law

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS5152 Assessment: Three options: 1) 1hr exam (50%) and 3,500wd essay (50%); 2) 1hr exam (50%) and 2,500wd assignment, earlier submission date (50%); 3) 1hr exam (50%) and 2,500wd assignment, later submission date (50%). Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3460 Roman Law

Credit points: 6 Teacher/Coordinator: The Hon Justice Arthur Emmett Session: Semester 1 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS5160 Assessment: 2,000wd essay (20%) and take-home exam (80%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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.
LAWS3461 Public Interest Law Clinic

Credit points: 6 Teacher/Coordinator: Prof Simon Rice Session: Semester 1 Classes: Semester 1: 1x2-hr seminar/week and the equivalent of one day per week for the semester at a pre-selected placement site. Prohibitions: LAWS5161 Assessment: 1 x written assignment (100%), compulsory class presentation and participation (pass/fail), and Clinical Placement evaluation (pass/fail). Mode of delivery: Professional practice
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by special application. Priority will be given to students in their final year of study.
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.
LAWS3463 Sports Law

Credit points: 6 Teacher/Coordinator: Mr David Thorpe Session: Semester 2 Classes: 1 x 3hr seminars/week for 13 weeks Prerequisites: LAWS1012 and LAWS1015 and LAWS1017 Assessment: 2 x Class presentation and 1200wd written report (40%) and 3,600wd assignment (60%). Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Interest in sport is not essential to doing this subject. The topics are largely universal in application.
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.
Textbooks
Thorpe, Buti, Davies, Jonson, Sports Law, 3rd ed. 2018, Oxford University Press, Melbourne
LAWS3465 Sydney Law Review

Credit points: 6 Teacher/Coordinator: Associate Professor Celeste Black Session: Semester 2 Classes: Three or four compulsory meetings across the semester. Students should be prepared to attend the initial class meeting in July. Prohibitions: LAWS3057 or Assessment: Completion of editorial tasks (assessed as Satisfactory); 1000wd review note (20%); and 6000wd case note or law reform essay (80%). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study is by Departmental Permission. Applicants must have a minimum WAM of 70 and be in their final year of study.
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.
Textbooks
Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) (available online and via the University of Sydney Library)
LAWS3478 Development, Law and Human Rights

Credit points: 6 Teacher/Coordinator: Professor David Kinley Session: Semester 1 Classes: 2 x 2hr seminars/wk for 10 weeks Prohibitions: LAWS5178 Assessment: 3000wd essay (60%) class participation (10%) and and short release assignment (30%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study provides an introduction and critical overview of the law, policy and practice of the global development economy as it intersects with human rights, with a particular focus on the funding, administration and reform of international aid, the growing significance of private sector-led development, and the over-arching importance of governance and the rule of law. The drive toward sustainable development has grown substantially over the past 20 years and is now a billion-dollar global enterprise, yet the precise nature of its relevance for human rights remains a matter of intense debate and its efficacy in protecting human rights is patchy. This unit of study analyses the global development reform experiences over the past half-century and interrogates the nature and justification(s) of human rights-based approaches to economic development through global trade, finance and the private sector, paying particular attention to the role of domestic and international legal regulation on the policy and practice of development. The unit of study comprises both theoretical approaches and practice-based teaching covering case-studies from across the globe.
LAWS3479 IP: Trade Marks and Patents

Credit points: 6 Teacher/Coordinator: Dr Fady Aoun Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS3472 or LAWS3423 or LAWS5179 Assessment: Two options: (1) 5,000wd research essay (50%) and final exam (50%) or (2) final examination (100%). Subject to change. Mode of delivery: Normal (lecture/lab/tutorial) day
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.
Textbooks
David Price, Colin Bodkin, and Fady Aoun, Intellectual Property: Cases and Materials, ThomsonReuters, 6th ed, 2017.
LAWS3480 IP: Copyright and Designs

Credit points: 6 Teacher/Coordinator: Professor Kimberlee Weatherall Session: Semester 2 Classes: 2 x 2hr seminar/week for 10 weeks Prohibitions: LAWS3423 or LAWS5180 Assessment: Two options: (1) 5,000wd research essay (50%) and 1.5hr exam (50%); or (2) 2.5 hr examination (100%). Subject to change. Mode of delivery: Normal (lecture/lab/tutorial) day
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
LAWS3484 Secured Transactions in Commercial Law

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Semester 2 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: LAWS2012 Prohibitions: LAWS5184 Assessment: 2000wd assignment (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
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.
LAWS3489 International Moot

Credit points: 6 Teacher/Coordinator: Prof Chester Brown (Vis Moot), Dr Alison Pert (Jessup Moot), Prof Luke Nottage (Tokyo Negotiation and Arbitration Competition). Session: Intensive December,Intensive March,Semester 1 Classes: There are no formal classes scheduled for this unit. Prerequisites: LAWS1018 or LAWS1023 Prohibitions: LAWS5189 Assessment: For the Tokyo Negotiation and Arbitration Competition: Course participation, general participation and preparation as required (15%), research and writing of memorials (35%), preparation and participation in mooting rounds and competitions (50%). For the Jessup Moot and Vis Moot, students are assessed generally on their contribution to the research for and drafting of the written memorials, team work, oral skills, and preparation and participation in the mooting rounds and competitions. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study will be by special application, and will be based on competitive selection in accordance with the rules of the individual competition.
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.
LAWS3490 Law and Society in Indonesia

Credit points: 6 Teacher/Coordinator: Professor Simon Butt Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS5190 Assessment: 4000wd research essay (70%) and either a take-home exam or 20 minute class presentation (30%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit introduces students to the Indonesian legal system. After providing background on Indonesian history, economics, politics, religions and cultures, the course examines aspects of the colonial legal system introduced by the Dutch and the Japanese before Indonesia's independence in 1945. We examine the legal systems that emerged during decades of authoritarian rule, before considering the legal and constitutional reforms of the post-Soeharto period, which made Indonesia the most democratic and decentralised country in Southeast Asia. The course then covers selected issues in Indonesian law, including the position of Islamic and customary law in Indonesia, the Constitutional Court, the death penalty, miscarriages of justice, judicial corruption, environmental law, commercial law and legal practice.
LAWS3496 United States Constitutional Law

Credit points: 6 Teacher/Coordinator: Dr Jeffrey Gordon Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks. Prerequisites: LAWS2011 Prohibitions: LAWS5196 Assessment: 2000wd mid-semester take-home assignment (30%) and 4000wd final research essay (70%). Mode of delivery: Normal (lecture/lab/tutorial) day
The United States Constitution and the United States Supreme Court exert significant influence on constitutionalism globally. This unit provides an in-depth introduction to the principles, core concepts, key cases, and current developments in US Constitutional Law. It traces the structure and role of the US Supreme Court, and the development of US constitutional reasoning from the post-revolutionary period to the present. It considers debates about constitutional interpretation, and the significance of different approaches to key provisions of the Constitution. Topics may include all or any of: federalism and the commerce clause; eminent domain and "just compensation"; substantive due process; equal protection of the laws: race and gender discrimination; freedom of speech; freedom of religion; unenumerated rights; constitutional protection of citizenship and voting. Students will also be introduced to, and encouraged to engage in, normative debates about constitutional values.
LAWS3499 Migration, Refugees and Forced Migration

Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: LAWS2010 and LAWS1021 and LAWS2011 Corequisites: LAWS2010 and LAWS1023 Prohibitions: LAWS5199 Assessment: 3000wd research essay (40%) and 2hr exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3496 United States Constitutional Law

Credit points: 6 Teacher/Coordinator: Dr Jeffrey Gordon Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks. Prerequisites: LAWS2011 Prohibitions: LAWS5196 Assessment: 2000wd mid-semester take-home assignment (30%) and 4000wd final research essay (70%). Mode of delivery: Normal (lecture/lab/tutorial) day
The United States Constitution and the United States Supreme Court exert significant influence on constitutionalism globally. This unit provides an in-depth introduction to the principles, core concepts, key cases, and current developments in US Constitutional Law. It traces the structure and role of the US Supreme Court, and the development of US constitutional reasoning from the post-revolutionary period to the present. It considers debates about constitutional interpretation, and the significance of different approaches to key provisions of the Constitution. Topics may include all or any of: federalism and the commerce clause; eminent domain and "just compensation"; substantive due process; equal protection of the laws: race and gender discrimination; freedom of speech; freedom of religion; unenumerated rights; constitutional protection of citizenship and voting. Students will also be introduced to, and encouraged to engage in, normative debates about constitutional values.
LAWS3499 Migration, Refugees and Forced Migration

Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: LAWS2010 and LAWS1021 and LAWS2011 Corequisites: LAWS2010 and LAWS1023 Prohibitions: LAWS5199 Assessment: 3000wd research essay (40%) and 2hr exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3502 Advanced Trusts

Credit points: 6 Teacher/Coordinator: Prof Matthew Conaglen Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS2015 Prohibitions: LAWS5202 Assessment: 1hr in-class exam (30%) and 2hr final exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3508 Industry and Community Engagement

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Intensive February,Intensive July,Semester 1,Semester 2 Classes: Refer to the unit of study outline https://www.sydney.edu.au/units Prohibitions: INDP3000 Assumed knowledge: Students are expected to have completed all core units with the exception of Private International Law A Assessment: Refer to the unit of study outline https://www.sydney.edu.au/units. Practical field work: Law students will be undertaking an interdisciplinary group project with students from other faculties across the University who may be enrolled in this unit or other Industry and Community Project Units. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Enrolment in this unit of study is only available to JD and LLB students in their final two years of study.
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.
Textbooks
To be advised, if any, within the project
LAWS3510 Law Reform

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Semester 2 Classes: 2 x 2hr seminars per week for 10 weeks. Prohibitions: LAWS5210 Assessment: Class participation (10%), 1000wd field report (20%), 2 x 500wd reflective pieces (20%), 5000wd group research assignment (50%). Mode of delivery: Normal (lecture/lab/tutorial) evening
This unit examines the theory, process and practice of pursuing reform to law, from government institutions to non-government agencies, and from courts to protest, across related disciplines of law, sociology, political science, and communications. Class learning is applied to current law reform projects, working in partnership with public and community sector agencies. The unit addresses many of the Law School's LLB and JD Course Learning Outcomes, and the University's Graduate Qualities, in particular critical thinking and problem solving, inventiveness, oral and written communication, and influence.
LAWS3511 Indigenous Engagement

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Semester 1,Semester 2 Classes: Weekend pre-placement preparation program (including cultural competency workshops) 10 day community placement 5 day optional return trip to the community at the end of semester, for students to present their final reports to the community. 4 x two hour post-placement seminars/workshops. The unit is not taught in or by the Law School; it is taught by the academic in the host faculty for the project, FASS. Prohibitions: FASS3500 Assumed knowledge: Required knowledge will vary by project Assessment: Interdisciplinary Group Work (10%), 1x3000wd Group Project Report (40%), 1 x Community Engagement (10%), 1x1500wd Reflective Essay (20%), 1 x500wd Pre-placement Preparation (20%) Practical field work: Student will undertake placements in Indigenous communities, undertaking projects which provide an opportunity to solve real-world problems. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
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.
LAWS3514 Race and the Law

Credit points: 6 Teacher/Coordinator: Dr Louise Boon-Kuo Session: Semester 2 Classes: 2 x 2hr seminars/wk Prohibitions: LAWS5214 Assessment: class participation and presentation (20%), 1000 wd reflective note (15%), essay plan (10%), 4000 wd essay (55%). Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3515 Citizenship and Nationality Law

Credit points: 6 Teacher/Coordinator: Dr Rayner Thwaites Session: Semester 1a Classes: Taught intensively 1 day per week for 7 weeks (each day 3x2hr seminar) Prerequisites: LAWS1021 and LAWS1023 Prohibitions: LAWS5215 Assessment: general class participation (10%), oral presentation (15%), research outline and presentation (pass/fail), 4000wd research essay (75%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3516 International Law and China

Credit points: 6 Teacher/Coordinator: Professor Bing Ling Session: Semester 1 Classes: 2 x 2hr seminars / wk Prohibitions: LAWS5216 Assessment: optional 3000wd research essay (50%), final 2hr exam (50% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day
The unit covers the practice and perspectives of China on international law (including international economic law) and the impact of a rising China on the rule-based world order. It critically assesses Chinas international legal behaviour and evaluates the growing influence of China in the development of international law and institutions. Topics covered may include Chinas historical engagement with international law, domestic law and politics and Chinas international legal behaviour, Chinas territorial and maritime disputes with other nations, Chinese practice on the law of treaties, jurisdiction and immunities, human rights, environment and the use of force, the question of Taiwan, the question of Tibet, Hong Kong and Macau and One Country Two Systems, Chinas integration in the global trade and financial systems, Belt and Road initiatives and international economic law, etc. The syllabus of the unit and its assessment are designed to develop your knowledge, skills and competence in the critical understanding of the complex relationship between the international legal order and an emerging superpower that subscribes to a distinctive set of social, historical and cultural practices and narratives. The unit requires that have studied the unit of Public International Law. Pre-existing knowledge of Chinese law or Chinese language is not required.
LAWS3518 Law and Technology

Credit points: 6 Teacher/Coordinator: Professor Kimberlee Weatherall Session: Semester 1 Classes: 2 x 2hr/wk Assumed knowledge: Torts, Contracts, Public Law and Criminal Law Mode of delivery: Normal (lecture/lab/tutorial) day
This course explores the interface between law and technology. It will introduce the challenges around regulating new and emerging technologies at a general and theoretical level, and consider the role of law, regulation, and other mechanisms for influencing technological development such as professional norms, ethical frameworks, and technological standards. The course will explore the challenges that developments in technology (such as artificial intelligence and automated systems) may pose to how we understand what law is, what law regulates, and how, including the impact of digital technologies on the role of lawyers and judges. The course will include deeper (case study) consideration of current substantive problems at the interface between law and technology, which could include, for example, data collection, sharing and use (privacy laws and surveillance); the regulation of automated decision-making and artificial intelligence and its impact on individual rights and disadvantaged groups; personalised/precision medicine. A background in science, information technology or engineering is not assumed or required; information about technologies considered will be provided.
LAWS3519 The Criminal Trial

Credit points: 6 Teacher/Coordinator: Prof Simon Rice Session: Semester 2 Classes: 2 x 2hr seminars/wk for 10 weeks Prerequisites: LAWS1014 and LAWS1016 Corequisites: LAWS2016 Prohibitions: LAWS5219 Assessment: Class participation (10%), 1500wd trial observation reflection (30%), 4000wd group submission (50%), and trial performance (10%). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
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.
LAWS3520 Psychology and Law

Credit points: 6 Teacher/Coordinator: Dr Jason Chin Session: Semester 1 Classes: 2 x 2hr seminars/wk for 10 weeks Prohibitions: LAWS5220 Assessment: 10 x weekly response papers (50%) and final 3000wd research assignment (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3521 Law of Restitution and Unjust Enrichment

Credit points: 6 Teacher/Coordinator: Dr David Winterton Session: Semester 2 Classes: 2 x 2hr seminars/wk for 10 weeks Prerequisites: LAWS1012 and LAWS1015 and LAWS1017 and LAWS2012 Corequisites: LAWS2015 Prohibitions: LAWS5221 Assessment: Structured class participation (10%), 1500wd assignment (30%), and either final 2hr exam or 4000wd research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
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.
LAWS3900 Law Honours

Credit points: 12 Teacher/Coordinator: Prof David Rolph Session: Semester 1,Semester 2 Assessment: Attendance at a research workshop and one 12,000wd dissertation (100%) Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Further information regarding the honours program, including eligibility requirements, workload, supervision and award, can be found at https://sydney.edu.au/students/honours/law.html.
The Honours Unit in Law consists of:
1. A dissertation written under the supervision of one member of academic staff, and
2. Participation in a non-assessable research workshop.
The dissertation will be a maximum of 12,000 words (inclusive of footnotes).

Part 1 - Master's Level Electives

LAWS6013 Advanced Employment Law

Credit points: 6 Teacher/Coordinator: Prof Joellen Riley Munton Session: Semester 2b Classes: Aug 20, Sep 17, and Oct 7, 21 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: LAWS6252 or a law degree and LAWS6071 Assessment: Options: (i) class participation (20%) and 6000wd essay (80%) or (ii) class participation (20%) and 2 x 3000wd problem assignments (40% each) or (iii) class participation (20%) and 3000wd problem assignment (40%) and 3000wd essay (40%) Mode of delivery: Block mode
Note: Academic Profile: https://www.sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study is designed especially for candidates in the MLLR program. The unit examines the regulation of the individual employment relationship. The unit builds on the introduction to this topic in the foundation LAWS6071 Labour Law unit, by examining in closer detail the formation, construction and interpretation of employment contracts (including incorporation of policies and other documents, and exercise of contractual discretions); duties of employers and employees in contract; termination of employment contracts; and post-employment obligations (including restraints of trade). Students will examine decisions of courts and tribunals in detail.
LAWS6022 International and Comparative Labour Law

Credit points: 6 Teacher/Coordinator: Prof Emanuele Menegatti Session: Semester 1 Classes: Classes will start on Mon 28 Feb (Week 2) for 10 weeks (6.30-9pm). The class schedule will be made available in the unit outline https://www.sydney.edu.au/units and Canvas to enrolled students approximately 4 weeks prior to the first class. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (10%), 1000wd assignment (20%) and 6000wd essay (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will examine the growing use of individual labour and equality rights to protect working people, with the overall aim of assessing the capacity of this type of regulation to enhance justice, both in the workplace and more widely. It will use experience in the UK of a highly individualized workplace rights and enforcement system to identify strengths and weaknesses in this kind of workplace protection. This will involve consideration of EU and European Convention on Human Rights standards, while some comparative readings will also be set and students will be encouraged themselves to bring a comparative dimension to the issues and assignments. Jumping off from the UK experience, the unit will evaluate various strategies for enhancing the protective capacity of individual workplace rights. These include: (1) conceiving of such rights as fundamental human or constitutional rights; (2) imposing positive duties on employers and others to promote and secure observance of individual labour and equality rights; (3) institutional innovation to secure workplace protections, for example via equality and human rights commissions, labour inspectorates, ombudspeople, tax and criminal prosecution authorities; (4) involving third parties in the realization of individual labour standards, for example, NGOs, trade unions, parliamentary and other public inquiries, consumers, campaigners and the press; (5) focussing on employer activities that moderate individual labour and equality standards, like human resources practices, corporate social responsibility regimes and general managerial strategizing. Threaded through the unit will be consideration of different methodological approaches to legal research, with the twin goals of increasing what students take from the materials covered and of improving their legal research and analytical skills, including for use in the final essay. Prof Barmes draws on her extensive previous research in this area and her varied background, for example, in legal practice, conducting research for the Law Commission of England and Wales, as co-editor of the Recent Cases section of the Industrial Law Journal and as co-Director of the QMUL School of Law Centre for Research on Law, Equality and Diversity (LEAD).
LAWS6032 Crime Research and Policy

Credit points: 6 Teacher/Coordinator: Ms Hayley Boxall Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 2000wd research scholarship review (35%) and 4000wd research proposal (65%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Core unit for MCrim and GradDipCrim students. Elective unit for GradDipCrim students who commenced on or after 1 Jan 2019. Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides an examination of research methods in the context of criminology. The relationship between theory and methodology is explored. The production of knowledge about crime is critically assessed. Sources and forms of crime data are discussed and their significance is assessed. Research design, evaluation and analysis are also studied.
LAWS6041 Environmental Litigation

Credit points: 6 Teacher/Coordinator: Adj Prof Justice Nicola Pain, Adj Prof Justice Rachel Pepper Session: Semester 2a Classes: Aug 10-13 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 4000wd paper on a practical task/topic (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit focuses on litigation as a tool for resolving environmental disputes. The unit examines different types of environmental litigation and issues that can arise in litigation processes. Candidates will develop an understanding of the characteristics of environmental litigation, the advantages and limitations of different types of proceedings, and the range of outcomes that are possible for environmental litigation. The topics include litigation strategies, procedure and evidence, defensive actions (ie SLAPP litigation), and the outcomes of litigation. Reference will be made to recent cases, such as in the field of climate change, to illustrate the topics.
LAWS6047 Law of the Sea

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Semester 2b Classes: Sep 1, 2 and 8, 9 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 5000wd essay (60%) and 48hr take-home exam (40%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Covering two-thirds of the world's surface the ocean provides a range of indispensable public goods including fisheries and non-living resources and is a vital conduit for international trade. The international law of the sea regulates access to and use of the oceans, and this unit reviews the major areas of this area of international law as they have developed over the centuries. It takes as its focus the 'constitution' of the oceans - the 1982 UN Convention on the Law of the Sea. Each of the major maritime zones is assessed, and there is also a review of key sectoral issues, including the protection of the marine environment, fisheries management, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference is made to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6052 Govt Regulation, Health Policy and Ethics

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive October Classes: Sep 22, 23 and Oct 13, 14 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class presentation (20%) and 7000wd essay (80%) Mode of delivery: Block mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252. Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines government regulation of health care and professional practice. With regard to each area of government decision-making, issues are analysed by reference to the interplay between social goals, human rights, legal rights and ethical considerations. Topics covered include the constitutional and statutory sources of government power with respect to health care: regulatory models and reform of public health legislation; therapeutic goods administration; health insurance; pharmaceutical benefits and the pharmacy industry; human tissue legislation; discipline of health professionals with a focus on the National Law; health care complaints tribunals; a right to health care; ethical theories in law and medicine; the ethics of human experimentation; and ethics committees.
LAWS6054 Health Care and Professional Liability

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Intensive April Classes: Mar 17, 18 and Mar 31 and Apr 1 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 20-30min class presentation (20%) and 7000wd assignment (80%) Mode of delivery: Block mode
Note: Core unit for GradDipHL students. MHL students may select this unit as one of the three core units required in addition to LAWS6252. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.
LAWS6061 International Environmental Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Intensive April Classes: Mar 17, 18 and 24, 25 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 2 x 2000wd assignments (20% each) and 4000wd assignment (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.
LAWS6066 Discretion in Criminal Justice

Credit points: 6 Teacher/Coordinator: Adj Prof Nicholas Cowdery Session: Intensive November Classes: Oct 7, 8 and 28, 29 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: take-home exam (60%) and essay (40%) Mode of delivery: Block mode
Note: Academic Profile https://www.sydney.edu.au/law/about/our-people.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step. It deals with each stage from the reporting or observation of crime, through investigation, arrest, charging, bail, plea, hearing, appeal, retrial and publicity. It describes how actors at each step (citizens, police, prosecutors and judges) confront decision making, the laws (legislation, common law) and rules (prosecution guidelines, memoranda and procedures) that apply and provides examples of the exercise of such discretions. It also looks at the place of public commentary (personal, the media and political) in the process. The unit explores nuances in the conduct of any criminal prosecution aside from the application of the letter of the law.
LAWS6096 Work Health and Safety: Law and Policy

Credit points: 6 Teacher/Coordinator: Prof Richard Johnstone Session: Semester 2a Classes: Aug 12, 13 and 26, 27 (9-5). For latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: LAWS6252 or a law degree and LAWS6071 (MLLR students) Assessment: 4000wd assignment (50%) and 4000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined.
LAWS6109 UK International Taxation

Credit points: 6 Teacher/Coordinator: Prof Malcolm Gammie Session: Semester 2b Classes: Sep 14-16 and 19, 20 (9-4.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law Assessment: class assignment (20%) and assignment (80%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit covers the domestic provisions of UK direct tax law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australias major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK. This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct tax area, especially in dealings with Australia. Upon successful completion of the unit, participants will have an advanced understanding of the policies of the UK rules for taxing international transactions as well as a detailed knowledge of the principles of company and personal taxation applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK tax system; 2. Taxation of inbound investment in the UK; 3. Taxation of outbound investment in the UK; 4. Transfer pricing in the UK; 5. UK tax treaties including the Australia UK Tax Treaty; 6. EU tax law as it affects the UK.
LAWS6128 Comparative International Taxation

Credit points: 6 Teacher/Coordinator: Prof Richard Vann (Coordinator), Prof Michael Dirkis Session: Intensive November Classes: Oct 26-28 and Oct 31 and Nov 1 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is assumed that students undertaking this unit have successfully completed an undergraduate/postgraduate unit of study in tax law Assessment: Option 1: 1500wd 1hr in-semester test (30%) and 3000wd 2hr final take-home exam (70%) or Option 2: 1500wd 1hr in-semester test (30%), 200wd capstone research essay proposal (ungraded) and 7000wd capstone research essay (70%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.
LAWS6165 Biodiversity Law and Heritage Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens Session: Semester 1b Classes: Apr 1, 2 and 8, 9 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: Option 1: 1500 to 2000wd short essay (25%) and 6000wd essay (75%) or Option 2: 1000wd short essay (15%) and 7000wd capstone essay (85%) Mode of delivery: Block mode
Note: Students enrolled in the MIL and GradDipIL may apply to enrol in this unit, please contact law.postgraduate@sydney.edu.au. Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Biological diversity is the variability among living organisms and the ecological complexes of which they are part, including diversity within species, between species and of ecosystems. Aside from whatever intrinsic value it may possess, biodiversity is crucial to support human life and welfare. Australia is fortunate to have some of the world's most complex and unique biodiversity unfortunately, also to have one of the highest rates of extinction and loss of biodiversity. Despite a sophisticated system of environmental governance and a relatively high degree of environmental awareness, biodiversity continues to decline rapidly in Australia.
This unit considers the international legal regime related to the protection of biodiversity; how international instruments are incorporated into (or otherwise affect) Australia's regime; and the operation of Australia's regime at both national and state levels (particularly in NSW) - and consideration of various threats to biodiversity, different protection options, and how biodiversity-related considerations affect and are affected by other Environmental Law fields.
National heritage is one of nine matters of national environmental significance protected under Australia’s Environment Protection and Biodiversity Conservation Act. This unit covers conservation of natural and cultural heritage, including intangible, underwater, movable and Australian Aboriginal heritage. International, national, state and local regimes for heritage conservation are examined and considered in the context of broader biodiversity-related environmental decision making.
LAWS6177 Tax Treaties

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Semester 1b Classes: Apr 6-8 and 11, 12 (9-3.30). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. The completion of LAWS6209 Australian International Taxation will provide students; without such knowledge or work experience; with additional knowledge and skills that will assist in successfully completing this unit Assessment: 1500wd quiz (30%) and 3000wd 2hr exam or 7500 essay (70%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital. Upon successful completion of this unit a student should have an advanced understanding of the policies underlying the Australian tax treaty position in relation to the taxation of various kinds of income, as well as a detailed knowledge of the law applicable to interpretation of Australia's treaties. The unit includes a study of: principles of tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.
LAWS6214 Goods and Services Tax Principles A

Credit points: 6 Teacher/Coordinator: Prof Rebecca Millar Session: Intensive April Classes: Mar 14, 15, 23 (12.30-4) and Mar 16, 17, 22 (9-4). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office. For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit. Assessment: class participation (10%), 3000wd assignment (40%) and 4000wd assignment (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit introduces the key concepts that underpin the Australian GST, the policies underlying the tax, and the way those policies are (or are not) reflected in the design of the GST law. The aim is to give participants a working knowledge of the operation of the GST law and an awareness of the practical problems encountered in practice, informed by an understanding of the way in which the law is intended to operate. The unit will commence with an examination of the basic design features of value added taxes in general and of Australia's GST in particular. It will then examine the core elements of the GST law, including: the taxpayer (entities, enterprise, and the obligation to register for GST), the liability for tax on supplies made for consideration; the value of taxable supplies and the amount of GST payable on supplies; the entitlement to input tax credits and the range of subsequent adjustments that may be required; attributing GST and input tax credits to tax periods; adjustments for adjustment events; basic principles of GST-free and input taxed supplies (including an introduction to the treatment of real property transactions financial supplies); basic cross-border issues, including the treatment of imports and exports.
LAWS6222 Corporate Governance

Credit points: 6 Teacher/Coordinator: Dr Ulysses Chiaotto Session: Semester 2b Classes: Sep 2, 3 and Oct 14, 15 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: structured class presentation (20%), 1400wd discussion board submissions (20%) and 3600wd 48hr take-home exam (60%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will explore a range of recent trends and issues in corporate governance including:- the link between corporate scandals and corporate law reform; the board and independent directors; principles-based versus rules-based regulation; shareholder empowerment and institutional investor activism; takeovers and the regulation of executive pay. The unit will examine these issues from a comparative law perspective, analysing fundamental differences in corporate governance structure and techniques in a range of jurisdictions, including the US, UK, Germany, China and Australia.
LAWS6307 Class Action Litigation in Australia

Credit points: 6 Teacher/Coordinator: Mr Jason Betts Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6230 or LAWS6869 Assessment: 10-15min oral presentation and debate (20%), 2000wd case study (30%) and 5000wd essay (50%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study will focus on the practice and procedure of class actions, which have emerged as the fastest growing species of litigation in Australia. Students will review the threshold requirements of commencing a class action, the processes by which class actions are brought to mediation and trial, and the perspectives of plaintiffs, defendants and third party litigation funders. The intersections of the legal and economic aspects of class actions will be considers in the context of a variety of species of this litigation, including shareholder, consumer, product liability, mass torts, environmental and cartel conduct claims. Students will review the relevant state and federal legislation governing class actions and case law that has developed in this area, together with developing a real-world practical understanding of how this litigation is conducted before the Courts.
LAWS6311 Advanced Directors' Duties

Credit points: 6 Teacher/Coordinator: Prof Jason Harris Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: Option 1: 10min class presentation (10%), 2000wd assignment (30%) and 5000wd research essay (60%) or Option 2: 10min class presentation (10%), 2000wd assignment (20%), 100wd capstone essay abstract (ungraded) and 7000wd capstone essay (70%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will examine the role and responsibilities of corporate directors, focusing on the various legal rules used to regulate directors duties and competencies, and considering the directors corresponding protections. It will explore the function of these rules and the various mechanisms they deploy to regulate agency problems arising between the board and shareholders as a class; between the board/majority shareholders and minority shareholders; and between the board and other stakeholder groups, notably creditors and employees. The approach will be comparative (making reference to techniques used in the US, UK, continental Europe and Australia), with the goal being to provide a detailed and sophisticated understanding of the applicable legal rules and their practical effectiveness.
LAWS6317 Regulation of Corporate Crime

Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Semester 1a Classes: Feb 28 and Mar 1-3 (9-4). For the latest information, please visit "Your Studies" in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: It is recommended that students have some knowledge of corporate law and criminal law and procedure or have had practical experience in these areas Assessment: class participation (10%), 2500wd case study (35%), 5500wd essay (55%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will examine, from a comparative (particularly United States and United Kingdom) perspective, the current debates over the regulation of corporate crime from both legal and policy perspectives. Different theoretical perspectives on the nature and causes of corporate crime, and the role of the state in regulating corporate behaviour will be examined, with a view to determining the reasons for the failure of the criminal justice and regulatory systems to respond to corporate crime. The role of criminal, civil and regulatory sanctions in deterring corporate crime will also be examined. Offenses covered will include fraud, bribery, corruption, money laundering, revenue offenses, competition law offenses, corporate manslaughter and various offenses under the Corporations Act 2001 (Cth). With this foundation, students will be encouraged to think critically and to apply the principles they have learned to case studies.
LAWS6318 Corporate Innovation and Regulation

Credit points: 6 Teacher/Coordinator: Mr Richard Prangell Session: Semester 2b Classes: Aug 24, 25 and Sept 21, 22 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: general class participation and specialised seminar discussions (20%), written class quiz to be held on Day 4 (20%) and essay or exam (60%) (choice of research mode to be discussed with students) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit will cover recent developments in innovation and the law, including disruptive technology and new business models in a range of contexts including the sharing economy, fintech, and more. The unit will also consider the role of trust, the increasing importance of politics in corporate governance, and a range of new global public law issues that have affected the role of the corporation, and the impact of technology, in society. As well as discussing cutting-edge developments in innovation, the unit will discuss challenges for the regulator in staying abreast and ahead of these fast moving changes in society.
LAWS6320 Climate Justice and Disaster Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Semester 2b Classes: Sep 16, 17 and 23, 24 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 500wd essay abstract and literature review (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Climate change impacts are already being felt around the world and governments are called upon to reduce greenhouse gas emissions engage in climate change adaptation and disaster risk reduction and respond to the loss and damage caused by climate disasters. Climate disasters demand an integration of multilateral negotiations on emissions reduction and adaptation disaster risk reduction sustainable development. Human Rights and human security Via detailed examination of recent law and policy initiatives from developed and developing countries this unit offers students a unique approach to human and non-human. Climate Justice and its application to all stages of a disaster prevention response recovery and rebuilding and compensation and risk transfer. The role of insurance plays an important part in compensation and risk transfer. The unit of study comprehensively analyses the complexities of climate science economics and their interfaces with the climate law and policy making processes and also provides an in depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change UNFCCC to the 2015 Paris Agreement.
LAWS6330 Fundamentals of Regulation

Credit points: 6 Teacher/Coordinator: Dr Belinda Reeve Session: Semester 2b Classes: Sep 8, 9 and Oct 6, 7 (9-4). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: compulsory online participation (10%), with students choosing from a combination of the following options to make up the remaining 90% of their grade: short response question (20%), class presentation (20%), problem question (40%), 5000wd essay (70%) and 7000wd essay (90%) Mode of delivery: Block mode
Note: Available to MLLR students who commenced after Jan 2015. Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit acts as a general introduction to key theories, concepts, and debates within the field of regulatory studies, as well as to the main tools and instruments of regulation. Focusing on social regulation, it uses practical examples to analyze the implementation and enforcement of regulatory regimes in various areas, including public health, workplace health and safety, and environmental protection. It explores corporate responses to regulation, as well as the roles, practices, and accountability of regulatory agencies, and of other actors involved in the administration, and enforcement of regulation. The unit will be of interest to lawyers and other professionals engaged in regulatory compliance and enforcement, as well as to students with an interest in regulatory theory and practice more broadly. It also aims to provide a gateway for further study in more specialized areas of regulation. Please note that this unit does not focus on a specific area of regulation and does not cover financial services regulation or economic regulation more generally. While available to students in the Master of Health Law program, it does not focus on healthcare regulation.
Textbooks
Robert Baldwin, Martin Cave and Martin Lodge, Understanding Regulation: Theory, Strategy and Practice (Oxford University Press, 2nd ed, 2012)
LAWS6343 International Law and Technology

Credit points: 6 Teacher/Coordinator: Dr Rebecca Connolly Session: Intensive May Classes: Apr 27-30 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (15%), 1000wd position paper (15%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Advances in technology pose new challenges for international governance. In an increasingly inter-connected world, new technology raises legal issues relating to its use, distribution and control. This unit will focus on the response of the international community to technological progress across the different specialised regimes in international law. The unit will commence with an overview of the framework of international law and international courts and the challenges relating to the regulation of new technology. This unit will then consider the intersection of technology and key specialised regimes in international law, focusing on Trade, Environment, Law of the Sea, Health, Crime, Use of Armed Force and Intellectual Property Rights. The unit will be taught using case studies, allowing students to discuss and analyse specific examples of new technology and international regulation.
LAWS6345 Principles of Financial Regulation

Credit points: 6 Teacher/Coordinator: Dr Ann Wardrop Session: Intensive June Classes: May 3, 5, 10, 12, 17, 19, 24, 26 (3-6). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (10%) and 6000wd short-release (51hrs) assignment (90%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets. This prompted a fundamental reconsideration of the design of financial regulation, which governs a financial system that has become ever-more complex and interconnected, and which evolves at an ever-accelerating pace. This course presents a holistic overview of the key principles underpinning financial regulation. It draws on economic theory to explain the way in which the financial system functions, and then to analyse the goals of financial regulation. This analytic framework is then applied to a series of substantive topics in financial regulation, spanning the traditionally-separate fields of banking, markets, and consumer finance. The unit also considers the operation of the new tools of 'macro-prudential policy' and the international coordination of financial regulation in the global financial system. While the substantive topics are considered in terms of EU and US rules, the analytic tools developed are of more general application. Topics covered in this unit: The financial system; Goals and challenges of financial regulation; Consumer finance; Market regulation; Bank capital and liquidity regulation; Bank governance and resolution; Shadow banking and Macro-prudential and international coordination. Students who complete this unit successfully will have an overview of the economic principles underpinning financial regulation, to be able to understand and critically evaluate the principal substantive aspects of financial regulation in the US and EU, as well as their international coordination.
LAWS6352 Mergers and Acquisitions in Asia

Credit points: 6 Teacher/Coordinator: Assoc Prof Umakanth Varottil Session: Intensive June Classes: May 2-5 and 9-12 (12-3). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (20%) and 6000wd assignment (80%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit will begin with an evaluation of the business rationale for Mergers and Acquisitions (MA) and a discussion of the various types of transactions and related terminology. After a brief discussion of the evolution of the regulation of MA in the Western context, it will delve into various forms of MA in leading Asian jurisdictions, and the manner in which they are regulated. The unit will involve a strong comparative element that compares MA in Asia with that in other jurisdictions, as well as specific factors among various Asian jurisdictions. While it will engage an analysis of the legal systems in several Asian jurisdictions, greater emphasis will be placed on policy as well as practice. Transaction structures analyzed include business and asset sales and amalgamations, with a significant focus on the regulation of takeovers. While corporate and securities law issues form the thrust, incidental reference will be made to accounting, tax and competition law considerations. Finally, the transactional perspective will consider various structuring matters, planning aspects, transaction costs and impact on various stakeholders.
The is one of our international visiting faculty, Umakanth Varottil, who is Associate Professor at the National University of Singapore.
LAWS6355 Energy and Water Security Law

Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster Session: Intensive September Classes: Aug 19, 20 and 26, 27 (9-5). For latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 500wd essay abstract and literature review (10%) and 8000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australia’s National Electricity Market and national water trading markets as well as the corporatisation and privatisation of energy and water utilities provide fascinating examples of this.
LAWS6356 Critical Victimology

Credit points: 6 Teacher/Coordinator: Assoc Prof Tyrone Kirchengast Session: Semester 2b Classes: Sep 16, 17 and Nov 4, 5 (9-5). For the latest information, please visit "Your Studies" in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 20min class presentation (20%), 300wd essay abstract (ungraded) and 7000wd essay (80%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit examines various perspectives on the recognition of victims of crime as participants in the criminal justice system. This unit examines the victim of crime as a dynamic agent of justice by considering the role of the victim in the development of criminal law, the removal and exclusion of the victim in criminal justice, the rise of the victim rights movement, the development of victim rights and human rights and the contemporary relocation of the victim in common law and statute and as a participant of the criminal trial. It encourages a critical appreciation of the criminal justice system by examining competing theories of victimisation and the attempt to place these theories into a particular policy context. Through a discrete examination of the needs of particular victim groups, law reform inquiries and commissions, and reforms to the criminal trial, this unit will challenge the major assumptions of the removal of the victim from the criminal justice system and will critically evaluate the often incomplete and fragmented way in which victims are granted a level of recognition in the modern justice system on a domestic and international basis.
LAWS6358 Digital Criminology: Tech and Crime

Credit points: 6 Teacher/Coordinator: Dr Carolyn McKay Session: Intensive September Classes: Aug 12, 13 and Sep 9, 10 (9-5). For latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: presentation and 3000wd written script (40%), 500wd case study outline (non-graded) and 5000wd case study (60%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
New digital technologies are rapidly emerging as conduits for criminality as well as tools of policing and criminal procedure, and in the infrastructure of punishment. In this unit of study, students will learn about the impacts of technologies on crime and justice: in the commission of new crimes, in law enforcement and regulatory challenges, national security, and digital transformations in court procedure and court space, algorithmic risk assessments, corrections, and in the supervision of offenders. This unit of study draws from socio-legal literature and the emerging field of Digital Criminology to understand the profound shifts occurring in the move from terrestrial to digital environments, and from human 'reality' to augmented, virtual and artificial platforms in the criminal justice system.
LAWS6360 Project Finance Fundamentals

Credit points: 6 Teacher/Coordinator: Ms Alisa Fiddes Session: Semester 1b Classes: Apr 7, 8 and 28, 29 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: Students who do not hold a law degree must have completed LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit Assessment: 2500wd assignment (30%) and 2hr take-home exam (70%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Energy, infrastructure and resources projects are critical to meeting our current and evolving needs for the products and services that they provide. They are also a key component of government stimulus packages in response to economic downturns. Project finance is one of the most common mechanisms for developing and delivering these projects. This unit introduces and explores the fundamental principles of project finance from a practical perspective, using case studies and group work. We will identify the key parties and explore their objectives. Key risks will be identified and analysed, as well as options for mitigating them. We will discuss core contractual structures, the key terms that are negotiated in project and finance contracts and their implications. The impact of different sources of financing will be considered. This unit will also provide a framework for understanding the similarities and differences of project finance across different sectors. The lecturer, a highly experienced practitioner in the field, will draw on her own experience of project finance from Australia and Asia, through to the US and Europe, as well as guest lecturers from top tier law firms and industry players, to explain key concepts, explore practical case study examples and provide a range of industry perspectives.
LAWS6361 Advanced Insolvency Law

Credit points: 6 Teacher/Coordinator: Mr Lindsay Powers Session: Semester 2 Classes: 1x2-hr lecture/week. For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: This unit is available to students who have completed LAWS5014 Corporations Law, LAWS6159 Insolvency Law or equivalent unit Assessment: 4000wd assignment (50%) and 4000wd essay (50%) or 8000 to 10,000 capstone essay (100%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Academic Profile https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit involves the operation of insolvency law in its commercial context. The unit will build on studies in Insolvency Law by considering how insolvency law rules interact with non-insolvency law (including taxation law, trusts law, property law and employment law) within the context of common commercial arrangements (such as commercial leasing, trading trust arrangements and contracts for the supply of services). The unit will consider the position of common stakeholders involved in debt restructuring and corporate rescue efforts to support debtors during times of financial distress.
LAWS6839 Critical Issues in Public Health Law

Credit points: 6 Teacher/Coordinator: Prof Roger Magnusson Session: Semester 1a Classes: Intro Class: Feb 21 (6-8) then Mar 3, 4 (9-1) and Apr 4, 5, 20 and 22 (9-1).For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: Option 1: 2000wd short response question or short presentation (20%) and 6000wd essay (80%); Option 2: short presentation (20%), 2000wd short response question (20%) and 4500wd essay (60%); Option 3: short presentation (20%), 3500wd essay (40%) and 2500wd take-home exam question (40%) OR Option 4: 3500wd essay (40%) and 4500wd essay (60%) Mode of delivery: Block mode
Note: MHL students may select this unit as one of the three core units required in addition to LAWS6252. Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides an introduction to public health law. It begins by asking the question ‘What is public health law’? It explores the historical concerns and conceptual focus of public health law and how they have evolved over time. Next the unit reviews a series of case studies that illustrate the sources of public health law including the impact of international law on access to essential medicines in low income countries and the impact of constitutional rights on governments capacity to protect public health. The case studies illustrate the wide variety of legal issues that arise in public health as well as debates about the appropriate limits for law in protecting health in a liberal democracy and the irreducibly political nature of public health law. The unit then considers three foundational topics in public health law. These are Australia’s legal framework for responding to public health emergencies with a focus on pandemic influenza and other contagious diseases with pandemic potential laws role in regulating sexual health and transmission of STIs and tobacco and nicotine control. Key topics include: The definition and role of public health law Case studies illustrating the sources of public health law. The legal framework for managing pandemic influenza and other acute public health threats. An introduction to tobacco control law and laws role in promoting sexual health. Throughout the unit students will be trained to identify legal issues and to critically evaluate the impact of law on efforts to protect the public’s health with due regard to civil liberties and other competing public and private interests. A flexible assessment regime will allow students to focus on issues of interest within the unit.
LAWS6852 Doing Business in China

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Semester 1b Classes: April 1, 2 and 8, 9 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assumed knowledge: Students who do not hold a law degree from a common or civil law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit Assessment: Option 1: 3500wd essay (50%) and assignment (50%) or Option 2: assignment (100%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit aims to provide an introduction to the legal and practical aspects of doing business in China. The unit will commence with an overview of the Chinese legal, political and economic system and will then move on to an examination of the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws. The unit will focus on Chinese contract law and the foreign investment regime and the related structuring and regulatory issues related to foreign participation in the Chinese market. Areas covered will discuss the principal issues relating to the establishment of a corporate or other presence in China and the related negotiation process. The unit will conclude with an examination of methods of resolution of disputes arising under contracts entered into in China. More specialized topics which may be covered include intellectual property, labour law, regulation of financial institutions and Chinese investment overseas.
LAWS6862 Hate Crime

Credit points: 6 Teacher/Coordinator: Prof Gail Mason Session: Intensive April Classes: Mar 11, 12 and 25, 26 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 2000wd assignment (25%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Hate crime has emerged as a global problem in the last few decades. Yet the concept itself is controversial. This unit aims to trace the development of the socio-legal concept of hate crime, causal explanations for hate crime and the different ways in which it is regulated. The unit will examine some the major forms of hate crime, including racist, ethno-religious and homophobic violence, with a focus on contemporary debates, such as: is violence against women a form of hate crime; should paedophiles be a protected category; should hate crimes attract higher punishment than other crimes? The unit will critically assess the international geography of hate crime law, making comparisons between Australia, the UK and the US. The unit will seek to provoke debate about how we should define and combat the problem of hate crime.
LAWS6865 International Dispute Resolution

Credit points: 6 Teacher/Coordinator: Dr James Devaney Session: Intensive June Classes: May 2, 3 and 9, 10 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6202 Assessment: 2000wd assignment (30%) and 6000wd essay or optional 8000wd capstone essay (70%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/our-visitors.html. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit of study aims to provide an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes. The United Nations Charter provisions for the peaceful settlement of international disputes will be taken as creating the basic framework for the review of dispute resolution techniques. These include negotiation, good offices, mediation, conciliation, arbitration, and adjudication. Particular attention will be given to in-depth analysis of certain disputes and the legal and political techniques used in their resolution. These disputes may include the Tehran Hostages case, the Nuclear Tests case, the East Timor case, and dispute over the status of Kosovo.
LAWS6877 Mental Illness: Law and Policy

Credit points: 6 Teacher/Coordinator: Dr Christopher Rudge Session: Semester 2b Classes: Sep 2, 3 and Oct 21, 22 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 3500wd assignment (40%) and two page research paper outline (non-graded) and 4500wd research paper Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit deals with the law relating to mental health issues in Australia including human rights principles. Background material on the nature and incidence of mental illness, psychiatric and medical issues, as well criminological and public policy literature will be considered where relevant. The unit covers substantive issues from civil treatment, welfare law, and criminal law. Topics covered will include: the social context of mental illness and the current and historical approaches to treatment of the mentally ill; contemporary State, Territorial and Federal involvement in mental health policy and legislation; the present framework of NSW mental health law and related welfare law including the Mental Health Act, Guardianship Act, Protected Estates Act and Mental Health (Criminal Procedure) Act; the process of scheduling persons with a mental illness; review mechanisms including the roles of the medical superintendent, magistrates, the mental health review tribunal and the Supreme Court; longer term detention of the mentally ill; community treatment and community counselling orders; protected estates and guardianship orders; electroconvulsive therapy; consent to surgery and special medical treatment; the defence of not guilty on the grounds of mental illness, the review of forensic patients and the exercise of the executive discretion; the issue of unfitness to be tried; the involuntary treatment of prisoners in the correctional system; and proposals and options for reform.
LAWS6889 Death Law

Credit points: 6 Teacher/Coordinator: Prof Cameron Stewart Session: Semester 1b Classes: Apr 13, 14 and 28, 29 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 20min class presentation (20%) and 7000wd assignment (80%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
Western attitudes toward death have undergone a remarkable transformation in the last century. For many, death now takes place in the hospital or the hospice following the decision of a doctor to cease providing treatment. As the management of death has passed from the family to health care professionals, it now makes sense to regard the moment and circumstances of death as largely medical phenomena. Moreover, as 'autonomy' has taken a dominant place amongst ethical values, it also makes sense to describe and measure death in terms of its 'acceptability' both to the dying person and his or her survivors. In tandem with these changes, technological innovations have transformed the dead or dying body into a potential source of valuable (and recyclable) biological material. These developments have thrown up new and urgent challenges for legal understandings about the timing of, and criminal responsibility for causing, death both within and outside medical settings. These developments have also disturbed conventional understandings of the corpse as sacred. Topics to be covered may include: death in contemporary Australia, the legal definition of life and death, medical futility and the concept of 'lives not worth living', euthanasia (with and without request), physician-assisted suicide, refusing and withholding life-prolonging treatment in adults and children, the Shipman/Patel scandals, ownership of the corpse and body parts, dead donor organ transplantation, organ sale and theft, posthumous reproduction, 'mercy' killing outside medical settings and the jurisdiction of the Coroner. The unit will interrogate these and other contemporary challenges for the law relating to death and dying both within Australia and, where appropriate, other selected comparator jurisdictions (US, UK and Canada). These will be mapped against socio-historical understandings of the changing meaning of death, dying and serious disability in Western societies, and students will be encouraged to reflect on the broader legal implications of these developments.
LAWS6916 International Investment Law

Credit points: 6 Teacher/Coordinator: Prof Chester Brown Session: Intensive April Classes: Mar 10, 11 and 24, 25 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 2500wd assignment (30%) and 6000wd essay (70%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit introduces students to the international regulation of foreign investment. It examines core principles of international investment law, regional and bilateral investment treaties, the settlement of investment disputes, and the international economic and political context in which the law has developed. The unit considers the origins and evolution of international investment law through to the recent formation of the current international legal framework for foreign investment through bilateral and regional investment treaties. It examines the substantive standards of protection contained within investment treaties (such as the fair and equitable treatment standard, and the prohibition on expropriation without compensation), recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment treaty arbitration under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. It also examines recent developments including the negotiation of mega-regional trade and investment agreements, such as the Trans-Pacific Partnership Agreement and the negotiations towards the Transatlantic Trade and Investment Partnership.
LAWS6932 Law and Investment in Asia

Credit points: 6 Teacher/Coordinator: Assoc Prof Salim Farrar Session: Intensive April Classes: Mar 16, 17 and 29, 30 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: 3000wd assignment (40%) and 5000wd essay (60%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of this unit is to provide students with a broad overview, on a comparative basis, of the key legal issues commonly faced when investing and doing business in Asia. This unit looks at the regulation of investment across chosen jurisdictions across Asia, including Japan, China and Southeast Asia (particularly Indonesia, but it may also look at jurisdictions such as Malaysia, Thailand, Myanmar and India) and compares them with each other and with the Australian regulatory system. It also looks at international treaties which increasingly impact on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility and anti-corruption law; dispute resolution (especially international commercial and investor-state arbitration); and key issues in modern comparative law which may assist students in their study of 'foreign' legal systems. The unit also involves case studies and occasional guest lecturers.
LAWS6933 Global Oil and Gas Contracts and Issues

Credit points: 6 Teacher/Coordinator: Prof Kim Talus Session: Intensive June Classes: May 13, 14 and 20, 21 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: class participation (10%), 2000wd report (40%) and 5000wd essay (50%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The aim of the unit of study is to consider the legal issues and transactions relating to the exploration, production, and marketing of petroleum, which, owing to its economic and strategic importance, is the most important commodity traded worldwide. Coverage includes how countries establish sovereignty and control over petroleum resources and how host governments (HGs) or their national (state-owned) oil companies (NOCs) contract with private international oil companies (IOCs) for the exploration and development of petroleum resources. The unit also examines the legal nature and protection of oil and gas exploration rights, including licensing and development issues. The core of the course describes and analyses key contracts between HG/NOCs and IOCs, as well as contracts among IOCs and between IOC ‘operators’ and petroleum-services contractors - all to facilitate petroleum exploration, development, and marketing. Because petroleum is one of the most politically charged commodities, this class will also consider extra-territorial anti-corruption law. In a broader sense, this class will help students develop better analytical skills - especially the ability to critically evaluate contracts. At the outset, the unit will consider the outlook for petroleum vis-à-vis other energy resources in light of supply, demand, climate change and the energy transition.
LAWS6964 Global Energy and Resources Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Penelope Crossley Session: Intensive September Classes: Aug 25, 26 and Sep 1, 2 (9-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Assessment: Option 1: take-home exam (70%) and optional essay or problem question (30%) or Option 2: take-home exam (100%) Mode of delivery: Block mode
Note: Academic Profile https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.
LAWS6984 Economics of Tax Policy

Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Intensive October Classes: Sep 22, 23 and 29, 30 (10-5). For the latest information, please visit Your Studies in the Law Student Portal https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-your-studies Prohibitions: LAWS6257 or LAWS3447 or LAWS5147 Assessment: class participation and presentation (10%) and 7000wd essay (90%) Mode of delivery: Block mode
Note: Academic Profile: https://sydney.edu.au/law/about/people/list.php. The unit is also available on a Continuing Professional Development basis https://sydney.edu.au/law/study-law/continuing-professional-development.html
The objective of the unit is to provide an understanding of the modern economics approach to the analysis of tax policy. The unit defines the role of taxation within the framework of welfare economics and examines the social and economic effects of reforms drawing on available empirical evidence. Particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment. Topics covered include: taxation of labour income, consumption and capital income, family income taxation, alternative approaches to the taxation of emission, and the taxation of resource rents.