In recent decades, China has become an active participant in, and even a leader of, the international economic law system. It joined the World Trade Organization and has negotiated numerous trade agreements and investment treaties. In both trade and investment, China has been a party to many disputes, and plays an important role in broader issues of global economic governance. In the domestic arena, it has become a leading practitioner of "trade remedies"; its agricultural and industrial sectors, and related policies, have become similar to those of Western countries; and its intellectual property and antitrust regimes have become more sophisticated.

This course focuses on the nature and evolution of China's involvement in the international economic law system. It covers the following subjects: trade in goods, trade in services, intellectual property, trade remedies, government procurement, foreign investment into and by China, investment protection, treaty negotiations, disputes, and institutional issues.

Principal topics include:

• History of China's international economic relations
• China's WTO Accession
• Tariff and non-tariff barriers
• Intellectual property
• Trade in services
• Trade remedies: Anti-dumping, subsidies and countervailing duties, and safeguards
• Government procurement
• Foreign investment in China
• Trade and investment negotiations
• Trade and investment disputes
• China's role in WTO governance
• Participation in other international economic institutions
• China's domestic trade institutions

The emergence of Asia as an economic powerhouse is driving enormous interest in doing business in the region. This subject provides students with an opportunity to examine commercial law in an Asian context. Although parallels can be drawn between Asian jurisdictions in terms of their economic and legal development, their commercial law systems are too diverse to be treated uniformly. Instead, the principal objective of this course is to provide an understanding of the various legal and practical issues involved in doing business in Asia.

This subject will focus primarily on commercial law in China with comparative reference to other jurisdictions, such as Australia and Singapore. Indonesia and Japan may also be examined for relevant topics such as business entities and corporate governance. Major topics to be covered include civil law tradition in Asia, business organisations, foreign investments, private equity and venture capital, FinTech, dispute resolution and international commercial arbitration. The subject will be of interest to those interested in doing business in Asia.

Principal topics include:

• Civil Law tradition in Asia
• Business entities
• Corporate governance
• Foreign investments
• Venture capital and private equity investments
• FinTech
• Dispute Resolution and International Commercial Arbitration

This subject examines the fundamental principles under Australian law relating to the provision of credit by financiers to businesses and consumers. The subject has as its focus the legal design of key financing transactions and the chief means by which financiers manage the risk of a borrower’s default or insolvency. The topics covered range from 'vanilla' unsecured loans to loans supported by security interests and more complex title-based transactions. The subject also discusses recent Australian reforms in the field of banking and finance law, including the Personal Property Securities Act.

This subject is a preparatory subject for the more specialised subjects in the Banking and Finance Law program.

Principal topics include:

• The financier–borrower relationship and key governance issues in banking and finance transactions
• Building blocks of banking and finance transactions
• Law relating to guarantees and security interests
• Legal design of more complex banking and finance transactions
• Recent legal reforms.

This subject is concerned with the regulation of financial intermediaries, including financial product issuers, broker/dealers, fund managers, custodians, financial planners and investment advisers. Orthodox approaches to the regulation of financial intermediaries have been under significant challenge since the Global Financial Crisis, with more to come. The subject combines a thorough technical grounding in the current law governing the provision of financial services to retail and wholesale clients in Australia with broader perspective on likely future directions in financial services regulation. The lecturer is a former Australian Securities and Investments Commission (ASIC) Regional Commissioner and one of Australia’s leading experts in the areas of funds management law and financial services regulation

This subject examines the regulation of financial services providers and the legal dimensions of their relationship with their clients. In particular, it deals directly with relevant parts of Chapter 7 of the Corporations Act 2001 (Cth) and the general law relating to brokers, dealers and financial advisers. It also covers the related topic of financial product disclosure.

Principal topics include:

• Policy underpinning Chapter 7 of the Corporations Act 2001 (Cth)
• Theoretical and comparative approaches to regulating financial intermediaries
• The Australian Financial Services (AFS) licensing regime
• Financial services disclosure
• Statutory and general law duties of financial services providers
• Financial product disclosure
• Roles and powers of the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA)
• The impact of new technologies in financial services: regulating for disruption.

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Hedge funds and private equity funds involve the allocation and investment of trillions of dollars, ultimately in a wide range of financial instruments and numerous operating companies across a variety of industry sectors. In recent years, managers of these ‘alternative investment funds’ have become subject to heightened scrutiny from regulators and the media. This subject provides an opportunity to learn in detail about the structuring and operation of hedge funds and private equity funds, providing students with an advanced and specialised knowledge in the relevant areas of law, and will examine recent developments in these areas.

Principal topics include:

• Introduction to hedge funds and private equity funds
• Dramatis personae
• Overview of regulatory issues relating to structuring
• Overview of regulatory issues relating to marketing
• Investors and due diligence issues
• Investment objectives and restrictions
• Legal documentation for a hedge fund
• Current issues related to hedge fund managers and investors
• Legal documentation for a private equity fund
• Current issues related to private equity fund managers and investors.

In the wake of the Global Financial Crisis (GFC) of 2008, the visibility of finance and financial regulation has increased dramatically. This subject will provide an overview of the global financial system and international efforts to build structures to support its proper functioning. Taking an integrative approach, the subject will look at the evolution of the global financial system, its structure and regulation. In doing so, it will analyse financial crises, especially the GFC, and responses to it, the Basel Committee on Banking Supervision (BCBS), the Financial Stability Board (FSB) and the International Monetary Fund (IMF).

Principal topics include:

• The historical evolution of the international financial markets from Bretton Woods to the present
• Costs and benefits of internationalisation and globalisation of finance
• International debt and derivatives markets
• International prudential regulation and capital adequacy
• The rise of emerging markets and their integration into the global financial system
• Major international financial crises, their causes and implications
• Regulatory responses to financial crises and mechanisms for crisis resolution
• The international financial architecture and its evolution
• The impact of technology on global finance and its regulation: FinTech and RegTech.

The purpose of this subject is to give students an advanced and integrated understanding of the legal issues that arise in international financial transactions. This is achieved by looking at the principal transactions, analysing the ways in which they are structured and implemented, and identifying relevant legal issues. This subject provides students with an insight into cross-border transactions and the role of international finance lawyers. It is therefore of particular interest to lawyers practising or seeking to practise law in this area and also to lawyers and bankers in commercial and investment banks.

Principal topics include:

• The regulation of international finance
• Financing options: bank financing versus capital markets financing
• Debt capital markets
• Syndicated lending
• Techniques of loan sales: novation, assignment and participation
• Legal issues, including insolvency, security, the use of trusts, contractual rights and governing law
• Islamic finance
• Transactions: derivatives, asset securitisation and project finance.

Is sustainable finance the answer to climate change, poverty and inequality? The purpose of this subject is to immerse students in sustainable finance in international practice, from micro-finance to green bonds, renewable energy and refugee financing. Across these markets, key legal concepts, structural features and documentation are covered in detail. By engaging in-depth, through term sheet negotiations, the students jointly develop the skills to assess, prioritise, challenge and negotiate these transactions.

The subject coordinator draws on his own experience in global sustainable finance, and invites experts from international law firms and consultant, to help you become ‘more than a lawyer’.

This innovative subject will combine classroom teaching with online learning. Students will be expected to attend four days in class and participate in online learning prior to the subject being taught.

Principal topics include:

• The Sustainable Development Goals, their evolving regulatory framework, their implementation by banks, funds and corporates in international practice
• Development Finance, the actors and the law, covering such diverse issues as sanctions law, immunities and aspects of state aid, as well as environmental and social law in financial transactions
• Understanding the structural features of international financial transactions with a focus on sustainability
• Inclusive finance, through microfinance, gender finance and small and medium enterprise (SME) lending, and relevant regulation
• Green bonds, SDGs bonds and social impact bonds, furthering sustainability the capital markets
• Local currency financing as a means for derivatives to provide sustainable development
• Legal aspects of renewable energy project finance
• Impact investing (private equity and funds)
• Examples of structured sustainable finance, for instance through refugee finance, vaccine bonds, drought risk transfer and microfinance securitisation
• Examples of litigation in sustainable finance, for instance the risk of mis-selling ‘green’ products, and legal means to address this risk in documentation as well as through strategic means.

Insurance is a cornerstone of effective risk transfer. It is often critical to the viability of commercial enterprises and transactions. However, insurance contracts and arrangements have become increasingly complex, and specialised knowledge is required to understand their operation and limitations. This subject will provide an in-depth understanding of liability insurance, which indemnifies insureds against liability to third parties, and comprises a large part of the insurance market. It will examine the roles and obligations of participants in the insurance industry, different types of liability insurance, key principles of the common law regarding insurance, and legislative intervention, especially the Insurance Contracts Act 1984 (Cth), including recent amendments to the Act. The lecturers are barristers specialising in insurance law, who for many years have represented and advised both Australian and overseas insurers.

Principal topics include:

• The structure and operation of contracts of liability insurance, and the main forms of liability insurance, including professional indemnity insurance public and products liability insurance, and directors’ and officers’ insurance
• The operation of the global insurance industry and the roles of various insurance industry participants, such as underwriters (including Lloyd's syndicates), excess insurers, co-insurers, reinsurers, captives, underwriting agents, claims officers, lawyers, insurance brokers and loss adjusters
• An overview of the legislative and regulatory framework for the Australian insurance industry
• The construction of insuring clauses and extensions
• The construction of exclusion clauses and conditions, including cross-liability, severability and non-imputation clauses
• The operation and effect of the Insurance Contracts Act 1984 (Cth) and its interplay with the laws of contract, equity and tort, on matters including:
  • The duty of utmost good faith
  • Misrepresentation and non-disclosure
  • Notification of claims and circumstances
  • Section 54 of the Insurance Contracts Act 1984 (Cth) and remedies for breach of insurance contracts
  • Cancellation of insurance contracts
  • Rights of third party beneficiaries
  • Subrogation
• Double insurance
• An analysis of issues requiring further legislative reform.

In recent decades, the rate of technological innovation in financial services has accelerated, posing new challenges for regulators and regulated financial services firms around the world. This course will provide a brief introduction to the existing technologies and business models used by established financial services firms and the regulatory framework that applies to them, before examining how new technologies and new business models are transforming financial services around the world. Different law reform strategies adopted by regulators in different countries will be assessed, as will business strategies of regulated firms to accelerate their rate of innovation. As national regulators confront the challenge of protecting local consumers in global markets, they may respond by collaborating with other national regulators, with extraterritorial enforcement of their laws, collaboration with private regulators, or ceding the terrain to private regulators. Although cryptocurrencies, blockchain and distributed ledger technologies may receive the most media coverage, many other case studies of disruptive 'FinTech' innovation and its regulation in both advanced and emerging economies will be examined.

Principal topics include:

• Commercial banks and bank regulators
• Global harmonization of bank regulation
• Payment systems and payment law
• Legacy technologies and internal controls
• Economics of networks and platforms
• Economic drivers of innovation
• Better regulation and new governance
• The rise of smart machines
• Evidence-based problem solving
• 'RegTech' is the new FinTech
• Faster payments/immediate payments
• Bitcoin, blockchain, distributed ledger
• FinTech regulation in the United States; United Kingdom and European Union; China; and India.

Historically a computer was “programmed” by a human utilising a precise set of instructions. Within this paradigm the computer was able to “process” information “fed” to it and produce a particular output based on such programming and information.

The human input was clear and transparent. As artificial intelligence (AI) has evolved in concert with the internet, cloud computing, big data gathering, data storage and data processing capabilities and the ubiquitous uptake of interactive smartphones and other “smart” devices, the relationship between the computer and direct and immediate human stewardship or control of outputs has become less readily identifiable. In turn this has given rise to significant legal issues.

There are substantial legal implications of AI which require ongoing, flexible and informed responses from lawyers and legal policy makers. This subject seeks to inform practicing lawyers, legal policy makers and non-lawyers in respect of those issues and how they might be dealt with.

Principal topics include:

• Introduction to AI. What is AI? Where is AI headed?
• The legal issues raised by AI
• The ethical issues raised by AI and particular applications of AI
• Overview of current AI legal reviews underway in the USA, EU and UK and Australia’s response to these reviews
• Intellectual property issues raised by AI
• Criminal liability in respect of AI
• Civil legal liability – examination of who is (or should be) responsible/liable for AI caused loss and harm.
• Mandatory insurance schemes for loss or damage caused by autonomous robots or AI
• The legal regimes governing use of AI in security, law enforcement and military contexts
• Privacy and confidentiality implications of AI

There is no international consensus as to an appropriate balance by defamation laws between freedom of expression and the protection of reputation. The increasingly cross-border nature of communications has heightened the potential for conflict between different jurisdictions’ laws. This subject examines Australia’s defamation law and practice alongside a close analysis of other important common law jurisdictions, particularly the United Kingdom and North America, to enable students to analyse, apply and critically evaluate defamation laws in contemporary contexts.

The subject brings together two leading media law experts. Professor Andrew Kenyon is a Director of the Centre for Media and Communications Law and researches in all aspects of media law. Dr Matt Collins QC is an Australian barrister and author of a leading international text on defamation law.

Principal topics include:

• Elements of the cause of action: publication, identification, defamatory meaning
• Truth-related defences
• Fair comment and honest opinion
• Privilege and fair report defences
• Other defences
• Jurisdiction and choice of law
• Remedies and practice
• Related causes of action
• English and American defamation law: comparative focus.

Information technology is critical to almost all modern organisations and processes. The development, acquisition and use of such technology raises a myriad of complex legal issues extending beyond conventional contractual issues and includes ownership rights, rights of use and risk management. This subject explores those issues with a particular emphasis on contracting and intellectual property issues associated with the development and sourcing of information technology products and services. Both lecturers are information technology lawyers with extensive practical experience acting for both providers and purchasers of such products and services.

Principal topics include:

• Overview of information technology and the Australian information technology development industry
• Roles and relationships of the various parties to information technology agreements
• Copyright protection afforded to technology products and services, including online products and services
• Open source licensing arrangements
• Patent protection afforded to information technology products and services
• Employees and contractor rights and obligations in the context of the creation and development of information technology
• Software creation, development and exploitation
• Network management, security and maintenance
• Cloud services: risks and liability
• Database and content management issues
• Privacy issues associated with the development and use of information technology goods and services
• Risk allocation and management of information technology contracts (including insurance and escrow arrangements).

The world's first feature-length film was thought to have been produced in Australia in 1906. The Story of the Kelly Gang told the story of Australia's most infamous bushrangers and received distribution in Britain and New Zealand as well as in Australia. From 1906 onwards, Australian films and television programs such as Picnic at Hanging Rock, The Castle, Shine and The Sullivans have helped to define the particular cultural identity of Australians. This subject explores the issues associated with the production, financing and distribution of such films and television programs, with particular reference to feature films and sport and drama television programming. The distribution of films and television programs has been radically re-shaped since the early 1990s with the development of the Internet and the advent of online streaming. Online streaming has raised both opportunities and challenges for producers of films and television programs and has increased the complexities of the commercial and legal issues which must be addressed in the context of the production, financing and distribution of audio-visual material.

The lecturer in the subject has been an in-house counsel at an Australian television network, adding to the practical relevance of the subject.

Principal topics include:

• Introduction to the changing landscape of the film and television industries in Australia and internationally
• Copyright clearance issues
• Moral rights
• Breach of confidence and privacy
• Sport on television
• Film financing, production and distribution
• Australian content regulation and the production of drama programming
• Production and broadcast of advertising on television
• Music: Use in film and television programming
• Distribution and merchandising of film and television programming
• Employment and contractual arrangements for film and television personalities
• Copyright and other rights in television formats.

Privacy has been valued for centuries but now there is a resurgent interest in its protection as a result of new technologies, changing social norms and a rise of markets focused on the commodity value of information. Overlapping with the resurgent interest in privacy is a related concern about the management of data flows, especially on the part of government agencies and business organisations. The legal frameworks that deal with privacy and data protection have a long history but are coming under pressure to adapt to a more complex modern environment.

Privacy and data protection experts Professor Megan Richardson and Karin Clark explore these issues. They pay particular attention to the scope and nature of privacy protection as well as appropriate limits and exceptions, the ongoing pressures for law reform, and the practical operation of privacy and data protection laws in Australia and comparable jurisdictions.

Principal topics include:

• What is privacy?
• Conceptual and legal definitional issues
• International and comparative privacy and data protection regimes
• Protection of privacy in general law in Australia and comparable jurisdictions
• The Privacy Act 1988 (Cth): regulation of personal information held by the private and public sectors
• State/territory (especially Victorian) legislative regimes for the regulation of personal information
• Current topics in privacy law such as privacy and the media, privacy and health information, online privacy, telecommunications and surveillance privacy
• Current reform inquiries and proposals and likely reforms.

Australia has a detailed and comprehensive consumer protection regime dealing with the supply of goods and services, including financial products, to consumers. Primary legislation is the Australian Consumer Law (ACL), found in Schedule 2 of the Competition and Consumer Act 2010(Cth); equivalent provisions in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) applying to financial services and products; and, for consumer credit, the National Consumer Credit Protection Act 2009 (NCCP Act). This subject provides students with a detailed knowledge of key features of the consumer protection regimes underlying the supply of goods, services and credit to consumers, along with the common law principles and policy imperatives that underpin these regimes. The lecturers include one of the Law School's private lawyers with specialist expertise in consumer law, and a leading practitioner in this field of law.

Principal topics include:

• Purposes of consumer protection law
• The regulatory toolkit
• Common law doctrines underlying the legislative regime
• Enforcement and remedial strategies.
• Key consumer protection regimes under the ACL, ASIC Act and NCCP Act:
  • Misleading or deceptive conduct
  • Unconscionable conduct
  • Interest rate caps and responsible lending
  • The specific regulation of small amount loans
  • Unfair contract terms.
  • Consumer guarantees and implied terms

Cartel conduct is regarded as anathema to competitive markets and consumer welfare. Such conduct encompasses various forms of collusion or collaboration between competitors, the most serious of which involve fixing prices, diving markets, restricting output and rigging bids. These categories of collusion have been shown to raise prices, reduce quality and choice, and stifle business responsiveness and innovation. They are also hard to detect, prosecute and deter. Tougher anti-cartel laws and sanctions have been a high priority for competition authorities for at least the last decade. While there is a high degree of consensus around the world as to the core tenets of the prohibitions applicable to serious cartel conduct, there is a vigorous discourse amongst authorities, practitioners, business and academics regarding the most effective approaches to sanctioning and enforcement.

At the same time, not all agreements between business rivals are anti-competitive or detrimental to consumer welfare. Some, such as joint ventures or distribution agreements, may be driven by efficiencies or may be welfare-enhancing in other ways. Competition laws and their enforcement therefore need to distinguish between different types of conduct involving competitors based on their economic rationale and likely effects.

This subject refreshes and expands understanding of the economic principles relevant to collusion (or horizontal restraints) that were introduced in the first subject in the course (Foundations: Competition Law & Economics). Students examine critically and in-depth the main prohibitions and exemptions or defences that apply to cartel conduct and other types of collaboration between competitors. They explore who should be held liable for such conduct (companies and/or individuals) and what approaches are or should be taken to sanctioning (administrative and/or criminal). Finally, students explore and assess the effectiveness of the policies and tools that competition authorities deploy in detecting, prosecuting and deterring cartels, as well as learn about and analyse the vigorous debates that relate to private actions for damages arising out of such conduct.

Highlights of the subject include:

• Critical examination of the approaches taken to the design and application of cartel laws and sanctions, drawing on examples from different jurisdictions around the world;
• Use of the rich body of theoretical and empirical research relating to cartel conduct as well as analysis of actual cases and competition authority policy documents and guidelines to aid this examination; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of anti-cartel rules.

The enactment of the Anti-Monopoly Law in China in 2007 was a significant step in China’s transition from a centrally planned economy to a socialist market economy. In a short period of time, China has become a globally important competition law jurisdiction and increasingly crucial area of study and practice for competition lawyers, businesses, and enforcement agencies within and beyond China. This subject will provide students with a specialised, in-depth and practical understanding of the Anti-Monopoly Law, its implementing regulations, and important decisions made by the competition agencies and courts in its legal, economic, regulatory and political contexts. This subject also provides insights into the dynamics of the Chinese legal system and reform more broadly, as competition law in China sits at the intersection of law, economics, business, and politics.

Principal topics include:

• Competition law in the context of China’s reform and opening up
• Prohbitions in the Anti-Monopoly Law: monopoly agreements, abuse of dominance, merger control, and abuse of administrative power
• Chinese competition law and intellectual property
• Chinese competition law and regulated industries
• Chinese competition law and the state
• Institutional, enforcement and procedural issues relating to Chinese competition law
• International dimensions of Chinese competition law.

Intellectual property rights support innovation through the offer of a temporary 'monopoly’ to creators and inventors. However, such rights can also impede competition and downstream innovation. Poorly designed intellectual property rules can help rights holders obstruct new players by impeding their access to technology and content. A carefully designed and dynamic intellectual property system can, by contrast, promote competition and enable follow-on innovation. The interaction of intellectual property and competition law is especially crucial here. Taught by two experts in the fields of competition law and intellectual property, this subject examines how competition law regulates intellectual property and vice versa. Relevant Australian and comparable law will be examined, along with case studies in topical areas such as platform liability, big data, file-sharing and luxury brands.

This subject provides an examination of the interface between the legal property rights created by intellectual property statutes and at common law, and the body of law that controls and regulates anti-competitive practices.

Principal topics include:

• Policy goals of intellectual property and competition law
• Regulatory approaches and law reform
• Limitations and controls placed over the grant, subsistence, scope and infringement of intellectual property rights under statutory and common law regimes
• Part IV of the Competition and Consumer Act 2010 (Cth)
• Dealings in intellectual property under intellectual property and competition statutes.
• Statutory and compulsory licensing, and remedies

This subject will examine in depth the implications of the transnational features and effects of mergers, unilateral conduct, cartels and other business activities for the design and enforcement of competition law and policy . Students will examine rules governing extraterritorial jurisdiction, discovery, recognition and enforcement of judgments, and extradition in the international competition law context. They will learn about the ways in which competition authorities cooperate with each other and the roles played by regional and international organisations and networks. The subject also canvasses the relationship between competition and trade policies, and the particular challenges facing small and developing economies in a globalised world.

Highlights of the subject include:

• Critical examination of how tensions between considerations of national sovereignty and international comity arise in the competition law context
• Exploration and critique of the ways in which governments and competition authorities are seeking to meet the enforcement challenges posed by anti-competitive conduct that has multi-jurisdictional effects
• Consideration of the strategic opportunities and challenges for multinational business organisations in managing competition law risks
• Special focus on the increasing significance of competition policy, law and enforcement in international trade and regulation and the implications for small and developing economies
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and application of competition policies and rules in cross-border settings

This subject will examine the policy objectives underpinning consumer protection laws, including the intersection between consumer and competition policies. Students will develop a clear understanding of the key areas of regulation, including various forms of misleading and deceptive conduct, unfair practices and contract terms regulation, consumer guarantees and warranties, and product liability and safety regulation. They will examine key enforcement tools and mechanisms for consumer redress, focusing particularly on the challenges posed by e-commerce, and explore the often complex institutional arrangements involving national and international bodies, as well as non-governmental organisations, in this field. This subject is international and comparative in its scope and draws on examples from a wide range of jurisdictions around the world, but with a particular focus on consumer policy, law and enforcement in the Asia-Pacific region.

Highlights of the subject include:

• Critical examination of the policy objectives and priorities underpinning, and the approaches taken to the design and application of, consumer laws, including variations between developed and developing countries in this context
• Case studies that illustrate the practical challenges associated with enforcing consumer laws, with particular emphasis on the issues that arise in the context of growing international trade and e-commerce

Insights and perspectives from leading stakeholders such as consumer enforcement authority officials, intergovernmental and nongovernmental officials and practitioners to assist students in developing a sophisticated appreciation of the issues facing the development and practice of consumer law and policy, particularly in the Asia-Pacific region.

Competition Law is an area of law with mixed legal-economic content. The central disciplinary underpinning of competition law is economics. It is therefore essential that those practising in this field, whether as legal advisors to business, competition authority staff, or members of tribunals or courts have a solid grounding in the economic theories, concepts and techniques that underpin the policy, law and enforcement in this field.

This foundational subject introduces students to the history and spread of competition law across the world over the last century and to the range of objectives, influenced by various economic schools of thought, that have informed its development in different places and at different times. It ensures that students are well-versed in core economic vocabulary, concepts and frameworks and the ways in which they are translated into categories of legal prohibitions and enforcement approaches, common to all competition systems.

The subject sets the foundation for the course, providing crucial groundwork that will equip students to confidently tackle the economic content of the remaining subjects in greater detail. While the subject includes material with basic numerical equations, examples and diagrams, it does not require students to have advanced mathematical or statistical background knowledge or skills.

Highlights of the subject include:

• Practical application of economic concepts and techniques through problem-based learning activity; and
• Expositions and insights from leading economists and practitioners on various aspects of economics and the role of economists in competition law and practice.

This subject examines the challenges and dynamics influencing the institutions that administer and enforce competition and consumer laws. It also explores the role of international institutions in promoting or enforcing competition law and policy and their various structures and modes of influence. Although the subject’s focus is on competition and consumer authorities, the nature and role of central prosecutorial agencies, tribunals and courts are also examined. Students will be challenged to engage with a range of institutional issues including agency models, mandate, governance structures, investigative tools and processes, enforcement, compliance and advocacy and evaluation of effectiveness. Students will undertake an in-depth case-study on a competition or consumer-related body and critically analyse an aspect or aspects of its design, operation or performance against the principles developed in this subject.

This subject will provide students with international and comparative insights into a field of growing significance to practitioners in Australia and the region. It considers competition law questions in a broad context. It will examine the major systems of competition law enforcement that have been adopted by most countries in the world and their major differences, and how they compare to the Australian system. It will also consider the global competition law system, including the effects of national law and enforcement on other countries as well as the justifications and costs of a variety of international enforcement and harmonisation attempts which are underway. A special focus will also be given to the unique challenges faced by small economies in applying their competition laws in international markets. Recognition of such issues is important for any lawyer or scholar who wishes to apply competition law in a globalised world.

This subject is led by one of the world’s competition law experts, with particular expertise in small and developing jurisdictions and in international competition law.

Principal topics include:

• Comparative analysis of the goals of competition laws
• The role of national competition authorities and the impact structural choice has on competition law enforcement
• Comparative analysis of different approaches to cartels and price-fixing, abuse of dominance, and mergers
• Effective competition law for small economies
• The effects of the level of development on optimal rules
• Jurisdiction and extra-territoriality
• Bilateral and international cooperation in competition law
• The impact of regional trade agreements on competition regimes and enforcement
• Challenges in a world without trade barriers

This interdisciplinary subject will examine the relationships between international trade and competition policies from both legal and economic perspectives. The subject will focus on anti-competitive practices of an international scope and how they may be addressed by trade and competition rules. It will canvass the tensions and complementarities between these two areas of policy, as well as incorporate general public policy, commercial diplomacy and institutional considerations. In addition, anti-dumping/safeguards law and practices and how they relate to competition law will be taken up and their link with market access opportunities explained.

The subject will include a discussion of failures of the multilateral trading system to address international competition law problems, and options to regulate competition law in the World Trade Organization and through other means. Contemporary issues driving new initiatives such as the Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership and the Regional Comprehensive Economic Partnership will be discussed.

Mr Qaqaya was the head of the United Nations Conference on Trade and Development (UNCTAD) Competition and Consumer Policies Branch for almost 20 years and has an in-depth knowledge and vast practical experience in advising governments in these fields.

Principal topics include:

• Introduction to trade and competition policies: key definitions, concepts, contexts and interdependencies
• Framework for trade liberalisation: a review of trade theories, trade policy, rent seeking, lobbies, corruption and incentives
• Principles of the trading system: most-favoured-nation, non-discrimination, national treatment, prohibition of quantitative restrictions, prohibition of dumping and subsidies, anti-dumping actions and countervailing measures, General System of Preferences (GSP) for developing countries, regional trade arrangements
• Principles of competition policy: theoretical models vs competition restrictions in real world, including dominance, strategic behaviour, anti-competitive mergers, horizontal and vertical agreements and government restrictions
• The interface between the competition and trade policies: comparison of analytical approaches used by competition law and trade policy, including in relation to market definition, harm assessment, remedies, sanctions, countervailing and retaliation measures, dispute resolution, arbitration and judicial review.

This subject will provide students with an in-depth understanding of the legal rules and economic principles that underpin the review of mergers and acquisitions and the types of information and analyses used to assess the competitive effects of these transactions. Students will examine how ‘special’ cases, such as joint ventures, failing firms, strategic and minority stakes, and creeping acquisitions are dealt with, and will learn about the procedures used by competition authorities and the strategies employed by merger parties in the review context.

Highlights of the subject include:

• Critical examination of the approaches taken to the design and application of merger laws, review processes and remedies, drawing on examples from different jurisdictions around the world;
• Use of the rich body of theoretical and empirical research relating to mergers as well as analysis of actual cases and competition authority policy documents and guidelines to aid this examination; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of merger rules and processes.

One of the means by which firms may behave anti-competitively is by engaging in unilateral conduct that damages the competitive process and consumer welfare. Such conduct may be described in various ways in different jurisdictions, including as monopolisation, abuse of dominance or misuse of market power. However, the rules that apply to it share a common aim, namely to target conduct by firms with market power that is likely to harm competition and reduce consumer welfare.

Anti-competitive unilateral conduct generally involves conduct by a firm that has substantial or monopoly/monopsony power in a market and uses that power to implement a strategy that is likely to harm competition. Debates and divergence between jurisdictions in relation to unilateral conduct relate to the level of power that should trigger legal prohibitions, the types of strategies that are likely to have anti-competitive effects and how such effects should be established and assessed. In recent years, such debates have focussed on conduct by large firms in the information technology sector.

This subject explores the approaches used by competition authorities to address anti-competitive unilateral conduct. Differences in approach between jurisdictions are critically analysed. Building on learning in previous subjects, the subject examines what is meant by unilateral market power and the conditions that enable unilateral power to be used to implement an anti-competitive strategy. Unilateral conduct that gives rise to a competition concern may take various forms, the most common categories of which are analysed in detail in this subject. Such categories include conduct involving refusals to supply and predatory pricing. However, a difficulty in addressing anti-competitive behaviour of this type is that it is not readily distinguishable from highly aggressive competition. Given this, various tests that have been used and the evidence relevant to making this distinction are examined. Seminal decisions by competition authorities and courts as well as industry case studies are used to provide insights into the competition analysis of unilateral conduct.

Highlights of the subject include:

• Critical examination of the approaches taken to the design and application of unilateral conduct laws, drawing on examples from different jurisdictions around the world;
• In-depth case studies of unilateral conduct in a range of industry sectors with a view to ensuring students can properly analyse the rationales for such conduct and assess their likely effects on competition; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of unilateral conduct rules.

This subject is explicitly aimed at enhancing students’ ability to make a significant contribution to the ongoing development of construction law in Australia and overseas. The emphasis is on analysing and testing cutting-edge case law, commentary and other legal developments in the classroom and via research papers.

In addition to the core areas of time (including delay claims methodologies), workscope/variations, defective work and security, detailed treatment is given to extra-contractual remedies such as those under the Australian Consumer Law and those based on unjust enrichment and negligence.

This subject is held in Sydney, New South Wales.

Principal topics include claims in the following categories:

• Time: risk allocation, delay, liability for delay, extensions of time
• Methods for assessment of delay
• Concurrency, causation, damages and additional cost, assessment and analysis
• Prevention and liquidated damages: recent developments
• Scope of work: variations, adjustments under the contract
• Quality: measure of quality, identification and breach of required standard
• Assessment of quality and damages
• Security: for performance and for payment, access to security
• Australian Consumer Law: application in construction, tender documents
• Passing on of misleading and deceptive documents, unconscionable conduct, remedies
• Interpretation of contracts
• Equitable remedies
• Restitution: unjust enrichment, statutory exclusion, quantum meruit
• Payment: progress payments—certification and adjudication
• Negligence in construction.

The complexities of the commercial and technical environment in which construction projects are undertaken make disputes virtually inevitable. Participants in the industry – whether lawyers or industry professionals – therefore need to be aware of, and able to apply, a range of dispute avoidance and management techniques when putting together contractual documentation or administering projects. These options are constantly evolving, with recent examples including the increasing use of disputes boards and court-initiated procedures such as those being implemented by the Technology Engineering and Construction List of the Victorian Supreme Court.

The subject lecturer, David Opperman, is able to bring to the classroom extensive experience in the active resolution of disputes in construction projects by mediation and other alternative dispute resolution processes, as well as through international and domestic arbitration and litigation processes. He also involves guest lecturers who have specialist, cutting-edge experience in dispute avoidance and alternative dispute resolution techniques.

Principal topics will include:

• Construction contract provisions relating to disputes: Objectives, approaches and enforceability
• Conflict: Conflict patterns and management
• Communication and negotiation skills
• Dispute Avoidance Procedures (DAPs), Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and dispute resolution advisers (DRAs)
• Alternative Dispute Resolution (ADR): Mediation (including mock mediation), senior executive appraisal/ mini trials, non-binding and binding expert determination, domestic and international arbitration and hybrid and multi-tiered processes
• Selecting the most appropriate form of DAP and/or ADR processes
• Process dynamics, options and strategic issues, including paths to ADR.

This subject develops advanced skills in the drafting and analysis of construction contracts. It covers several standard forms of construction contract, including a Standards Australia contract and an International Federation of Consulting Engineers (FIDIC) contract. The subject teaches best practice in plain English drafting techniques and provides ample opportunity for students to exercise and be tested on their drafting skills.

The subject lecturer and highly respected guest lecturers bring to the classroom extensive practising and academic experience in construction contracts.

This subject is designed to give students a sound understanding of the law concerning express and implied terms and the interpretation of contracts. It is also designed to develop and enhance students’ abilities to draft, analyse and administer construction contracts at an advanced level. Close study and comparison of standard forms of construction contract is a major feature of the subject. So too is the development of individual drafting skills.

Principal topics include:

• Techniques for contract drafting
• Express and implied contractual terms
• Contract interpretation and analysis
• The ongoing debate within the industry as to the role and utility of standard-form contracts.

This subject provides a detailed review and analysis of the ways in which the procurement and delivery of construction and engineering projects are changing to meet the demand for more efficient infrastructure, including improved 'whole of life’ outcomes and the reduction of claims and disputes. There is a particular focus on integrated project delivery, collaborative contracting and new technology. The subject covers a number of the current and emerging approaches to the procurement, contracting and delivery of construction and engineering projects and reviews a number of case studies from Australia, the United Kingdom and elsewhere.

Principal topics include:

• An overview of the development of 'collaborative contracting’ and integrated project delivery methods to date (eg joint ventures, partnering, alliancing, managing contractor, public-private partnerships, electronic document management systems, whole of life) in Australia, the UK and elsewhere
• Examining recent and emerging procurement and delivery approaches in Australia, the UK and elsewhere (including the specific legal and contractual issues implicit in such current and emerging approaches identified above), including in respect of:
  • Unsolicited proposals
  • Framework procurement models
  • Early contractor involvement (ECI)
  • Integrated project delivery (IPD)
  • Delivery partner (DP)
  • Equipment supply
  • Services alliances
  • Supply chain collaboration.
• Examining the development and implementation of Building Information Modelling (BIM) in construction and engineering projects, including the specific legal and contractual issues associated with licensing of information technology systems, intellectual property and confidentiality generally, design risk and programming.

This subject provides a broad overview of the range of dispute resolution options available to parties in relation to construction disputes, as well as detailed insights into the practical aspects and policy drivers of these options. It provides an opportunity to understand how to efficiently conduct construction dispute procedures in various Australian courts, arbitration (both domestic and international) and expert determination. It also engages with key industry debates about the rational reform of dispute processes in Australia and internationally. The lecturers bring extensive dispute resolution expertise to the subject and have been involved in many of Australia’s most significant construction-related disputes.

Principal topics include:

• Practice and procedure in the Supreme Courts of New South Wales and Victoria and the Federal Court of Australia, considering differences and assessing where best practice lies
• Evidence for construction cases—how to identify what is necessary for the principal claims that arise in construction cases (eg variations, delay, prolongation and latent conditions claims)
• Special issues relating to expert evidence and practical issues arising from the rules of evidence
• Pleading claims
• Problems with discovery and how they may be solved (this involves a review of the policy considerations that underlie the recent changes to the Federal Court Rules and the Victorian Supreme Court Rules, as well as practice in international arbitration)
• Managing the trial or hearing so that it is as efficient as possible
• The appeal process that is available
• The domestic arbitration legislative framework: how it can be used to improve the efficiency of dispute resolution
• Issues of proof in complex disputes, focusing on delay and disruption claims.

To provide valuable advice to clients in the construction industry, lawyers need an integrated understanding of the legal and technical aspects of this specialised area of practice. This subject is designed to build such an understanding and to expose students to a wide range of construction law-related topics in an interdisciplinary mode. Students will learn about the key legal principles that are specific to construction law (from project inception through to dispute avoidance and resolution) and their interaction with the technical underpinnings of construction practice. In addition to classroom discussion, students have the opportunity to see principles put into practice through construction site visits and detailed case studies.

The subject lecturers bring to the classroom a combined, multi-disciplinary experience of decades in advising clients in the construction industry

A range of topics is covered in an interdisciplinary mode, integrating a detailed case study and site visit. Such topics may include:

• Setting up the project: delivery methods, standard forms, subcontracting, costing, risk mitigation (including insurance and performance security)
• Key technical principles: construction technology, engineering services and structures, geotechnical engineering (including the legal treatment of latent conditions), sustainability and building information modelling
• During the project: contract administration, time and programming, payment, variations, major plant deployment, cost control, dispute avoidance and resolution.

This subject provides a detailed overview of construction law, projects and practice in five representative Asian jurisdictions: the People’s Republic of China, Taiwan, Hong Kong SAR, Singapore and South Korea. Through detailed explanation, analysis and case studies, students will gain an integrated and advanced understanding of the key features of each jurisdiction, both in isolation and in a comparative context. Students will develop their capacity to operate and advise in and across these jurisdictions as well as deriving lessons for application in their home jurisdiction.

Subject Coordinator Dr Arthur McInnis is the former head of the Construction Practice Group at Clifford Chance in Hong Kong. He has published extensively and lectured widely on construction topics throughout Asia

The subject provides a detailed introduction to construction law, projects and practice in five Asian jurisdictions, with reference to:

• The size and importance of opportunities and trends in their construction sectors
• Their key legal and regulatory frameworks, tender practices and project management norms
• The principal standard forms of contract in use
• Recent build-own-transfer, build-lease-transfer and design-build-finance-operate projects, and planned public-private partnerships in economic and social infrastructure
• Their resource management, financing, innovation and competitiveness on a comparative basis in the development of their construction sectors in the wider Australasian building and projects market
• Detailed case studies on construction, currently planned to include: the Beijing Metro No 4 Line and Mass Transit Railway (MTR) international projects; planning, financing, construction and appraisal of the Anhwa school project in Korea; recent NEC-procured pilot projects in Hong Kong; tendering, construction, operation and issues surrounding the Taiwan High Speed Rail project; and tendering, financing, construction and operation of the Singapore Sports Hub.

A distinguishing characteristic of international construction projects is the challenge that collaborating with stakeholders from different national cultures and legal jurisdictions can present. A number of troublesome issues repeatedly manifest themselves on international construction projects and often the intangible nature of the influence of national culture in construction law is only considered at a superficial level. In seeking to address these troublesome issues the suitability of the existing procurement, commercial management and dispute resolution models are being questioned more and more. At the same time a digital transformation in the international construction industry is gathering pace with the wider adoption of Building Information Modelling (BIM) in the hope that BIM can facilitate a collaborative culture in the industry.

Using award winning innovative teaching and learning interventions (including Rich Pictures in Construction Law), this subject explores the troublesome issues that manifest themselves on international construction projects from an industry-focused global perspective.

The subject will provide an in-depth understanding of the influence of national culture in the context of these troublesome issues and consider the necessity for national culture to be considered in the adoption of potential solutions to them.

Paul Tracey is a dual-qualified chartered quantity surveyor with a degree in law. He has over 30 years of international experience acting as a commercial manager and expert witness and is the Programme Leader of the LLM / MSc in Construction Law and Practice Masters at the University of Salford.

The subject will draw extensively upon authentic industry experience and seek to capture global perspectives on the subject matter using case studies from projects in Asia, Europe and South America.

Principal topics include:

• The critical analysis of different procurement strategies and contractual arrangements on international construction projects and the potential for a more collaborative approach
• Commercial risk management on international construction projects, including: choice of law, unforeseen or latent conditions, liquidated damages, caps on liability, consequential loss, and dispute resolution mechanisms
• Managing time, cost and performance risk on international construction projects using contractual mechanisms, including the challenges of managing change on international construction projects
• Preparing prolongation and disruption claims on international construction projects
• The potential of 5D BIM in the international construction industry in a construction law and practice context and how BIM can be utilised to avoid and resolve disputes
• The influence of national culture on the preparation, evaluation and negotiation of time and money claims on international construction projects

This subject will be delivered online in 2020 over the scheduled dates.

Cross-border construction contracting, and the avoidance and conduct of international construction disputes, has a distinctive character and content.

Lawyers and industry professionals need to be familiar with the differences between legal systems and the impact of statutory law, the key issues in the international financing and procurement of projects, the range of standard form international contracts available for various delivery methodologies, along with the intricacies associated with those processes in an international context.

As well, this subject provides detailed treatment of both dispute avoidance techniques used in international projects and an introduction to the principles and practice of international arbitration in the construction context.

The lecturers, Dr Donald Charrett and Sharon Vogel, have extensive experience in aspects of international procurement and dispute resolution.

Principal topics include:

• Discussion of the key differences between common law and civil law, and how they impact on the practice of construction law in different jurisdictions
• The role of statute law applicable to the construction site, such as security of payment and mechanics’ lien legislation
• Key issues in the financing and delivery of international construction projects, including alternative financing such as PPP
• Analysis of international construction contracts including an examination of contracting models and standard-form contracts for international construction projects (including the International Federation of Consulting Engineers (FIDIC) suite)
• Key elements of contractual risk allocation including project security (bonds, letters of credit, and guarantees), insurance, regulatory risks, political risks, etc.
• An examination of international bodies dealing with the determination or resolution of international construction disputes
• An introduction to the jurisdictional, applicable law and procedural framework for the prosecution, determination and enforcement of construction disputes through international arbitration
• Identification and consideration of contractual and extra-contractual alternative dispute resolution (ADR) and dispute avoidance procedures (DAPs) in the context of international construction.

Construction industry personnel and their lawyers are increasingly aware of the need to anticipate the legal implications of communication and ‘issue management’ throughout the project life cycle. Therefore, this subject aims to equip industry professionals and lawyers with the skills necessary to identify and proactively manage legal risk during the procurement and delivery phases. Complementing other subjects within Melbourne Law School’s construction law program that examine legal risks and their management, this subject provides practical insights into key aspects of the legal/project interface, including tendering and contract preparation procedures that efficiently ‘document the deal’ and contract administration techniques that minimise disputation.

The subject lecturers are practising lawyers who have substantial expertise and experience in advising during the various phases of a project, enabling students to develop an advanced and critical understanding of this specialised area of law.

Principal topics include:

• An exploration of the concept of legal risk and how it manifests in construction projects
• Project inception, including project feasibility and financing
• Procurement model selection and alternative contracting models and an analysis of the pillars of success in relation to each of the procurement models
• An analysis of pre-tender documentation, including consortium and joint venture agreements; an analysis of tender documentation including expressions of interest and requests for tender; and an analysis of the considerations when responding to a request for tender
• Legal risks to be managed during the pre-tender and tendering phase
• Analysis of the key project risks and their allocation and adoption between a contractor and client under a construction contract, as well as an introduction to qualitative and quantitative risk assessment
• Analysis of the key features of a construction contract and the negotiation positions available to a contractor and client in negotiating a construction contract (this will include consideration of alternative approaches and legal risks to be considered by contractors and clients in the negotiation of these obligations)
• The interface between the project management and legal disciplines, including a consideration of the ethical dilemmas that confront construction professionals
• Risk identification and mitigation strategies employed during the delivery phase and their role in avoiding unnecessary disputation
• Administering (making and assessing) claims for time and cost under construction contracts
• Managing sub-contract and interface risk (including a consideration of building information modelling (BIM))
• Managing the ‘paper war’ during the delivery phase: gaining, keeping, sharing and losing privilege in communications on and off site
• Managing defects to the works: reaching completion and post-completion issues
• A consideration of the practicalities of construction dispute resolution.

Payment has always been at the heart of construction contracting, and payment disputes have been—and remain—at the centre of construction law case law. This subject aims to provide students with a detailed understanding of the contractual procedures for payment and associated issues such as set-off. Its major focus is upon the ‘security of payment’ reforms of recent years. This state and territory-based legislation was designed to simplify the payment stream and disputation yet, in practice, has spawned hundreds of court cases, further complicating the contracting landscape for construction projects. The lecturers are based in the two states that have been at the forefront of the reforms—Queensland and New South Wales—and are therefore well-placed to guide students through this area of law.

Principal topics include:

• Payment processes under construction contracts, including treatment under standard forms and the impact of the security of payment legislation enacted in various jurisdictions
• History and policy underpinnings of the security of payment legislation, including comparison of the regimes in Australia, the United Kingdom and New Zealand
• Processes to resolve payment disputes, including those under security of payment legislation (with detailed consideration of bases for judicial review of such processes)
• Associated issues, including set-off, securing payment to workers and subcontractors, and means of dealing with the consequences of late payment.

This subject is designed for construction law students without prior legal training (Construction Law is for students who have a law degree). It provides an overview of the broad spread of the construction law curriculum, from the statutory and common law landscape through legal aspects of project procurement and contracting to dispute avoidance and resolution options. This subject also provides detailed treatment of legal issues specific to construction law such as variations, quality, time and payment. The seminar format is supplemented by exercises to develop students’ skills in contract preparation and writing legal hypotheticals, and includes sessions on construction law research tools and techniques.

Principal topics include:

• Overview of the regulatory regime for construction contracting
• Causes of action in construction disputes
• Contracting methodologies
• Contract administration: standard forms of contract, tendering, contract preparation and minimising legal exposure
• Role and liability of superintendents
• Issues relating to sub-contracts
• Variations
• Quality of work
• Latent conditions
• Time, programming and liquidated damages
• Contractual mechanisms for payment and security of payment legislation
• Security for performance
• Insurance
• Dispute avoidance procedures and alternative dispute resolution
• Construction litigation and arbitration (domestic and international).

Private sector involvement in the financing, delivery and operation of public infrastructure is nothing new; it is, however, constantly evolving. The public appetite for social and economic infrastructure is insatiable, yet must constantly be tempered by economic constraints. Alongside the increasingly sophisticated and internationalised market for funding and technical capacity, there has been in recent years a renewed focus upon the policy bases for public private partnerships (PPPs) by governments and the broader community. Navigating all this in its legal context is one of the great ongoing challenges faced by the construction industry and its legal advisers. This subject, taught by two leaders in the field who bring a wealth of experience to the classroom, is designed to equip students to respond to this challenge.

Principal topics include:

• Historical perspectives on private involvement in the delivery of public infrastructure, how it has changed over time and lessons learnt
• Approaches to the categorising of PPP projects, including the broad distinction between ‘economic’ and ‘social’ infrastructure
• The dynamics of financing versus the fiscal responsibility of repayments and funding
• Features specific to the structuring and procurement of projects within each of these categories, including fundamental aspects such as the need to secure an income stream in relation to economic infrastructure and the relevance of the distinction, in relation to social infrastructure, between delivery of physical infrastructure and delivery of services
• Features specific to particular sectors within each of these categories (eg toll roads, power stations, water, health care, education and corrections)
• The various policy frameworks in place in Australia (and leading international agencies) for evaluation and engagement of private sector involvement in public infrastructure delivery
• Drivers that underpin the structuring, negotiation and delivery of PPP projects, including financing, probity and value for money (including public sector comparator mechanisms), competition, tax (including issues derived from Australia‘s federal structure as opposed to unitary systems in other countries) and construction risk.

Construction projects produce difficult legal issues. Practitioners need to be confident in their understanding of the remedies available under various causes of action. Construction law requires a sound knowledge of relevant case law and legislation concerning diverse matters, such as damages in contract, recovery in tort for pure economic loss, penalties (including liquidated damages), quantum meruit, remedies under the Australian Consumer Law and the grant of interlocutory injunctions.

In addition to the primary lecturer, this subject harnesses the specialist expertise of guest lecturers, including leading academic lawyers, legal practitioners and judges. Their combined experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers.

Principal topics include:

• Damages for breach of contract
• Penalties (including liquidated damages)
• Equitable remedies for breach of fiduciary duty
• Proportionate liability
• Temporary injunctions
• Recovery in tort for pure economic loss
• Remedies under the Australian Consumer Law
• Quantum meruit claims

This subject introduces the fundamentals of accounting and financial statement interpretation within the context of government and commercial environments. Commencing with an examination of the principal financial statements the subject navigates the nature and types of transactions undertaken by organisations and how these transactions are recorded and reported. In the second half of the semester the subject addresses the key techniques for deeply assessing the financial performance, funding capacity and solvency of organisations. Finally the subject concludes with an examination of the accounting policy choices organisations may use to present their financial statements in the best possible light.

Principal topics include:

• The purpose of accounting
• Accounting reports and analysis
• Financial statement ratios
• Financial statement disclosures
• Accounting policy choices and earnings management
• Accounting reports and business failures
• The limitations of accounting information.

Company takeovers are an integral part of stock markets in Australia and overseas. Their regulation seeks to deal with the often competing objectives of market efficiency and fairness to shareholders. This subject examines the laws and rules in the area, from both a theoretical and a practical point of view and deals with the key legal concepts and steps that occur in a typical takeover bid and takeover defence, illustrated by actual transactions.

The lecturer is a practising takeover lawyer, textbook author and former long-standing member of the Takeovers Panel—Australia’s takeover dispute resolution body—which helps ensure that the subject matter is topical and current.

Principal topics include:

• The Eggleston principles
• The 20% rule
• Shareholding disclosures
• Exempt acquisitions
• Pre-bid activity
• Scheme alternative
• Bidder’s statements
• Action during the bid
• Defensive strategies
• Target’s statements
• Compulsory acquisition
• Role of the Australian Securities and Investments Commission (ASIC) and the Takeovers Panel
• Dispute resolution
• Compulsory acquisition.

Corporate governance is of national and international importance. This subject has a strong focus on the law relating to corporate governance, particularly the duties and responsibilities of company directors and other officers, primarily from an Australian perspective but also considering the approach taken in other jurisdictions. The director has been described in one court judgment as “an essential component of corporate governance” who is “placed at the apex of the structure of direction and management of a company”. The lecturer is the author of leading publications dealing with corporate governance, including the major Australian book on directors’ duties, and he has also been involved in a number of corporate governance reforms enacted by Parliament.

Principal topics include:

• The concept of corporate governance
• Overview of the current framework of corporate governance and the duties of directors and other officers
• Who is subject to duties?
• To whom are duties owed?
• Duties to act with care and diligence, in the best interests of the company, and for a proper purpose
• Duty to avoid conflicts of interest
• Duty to prevent insolvent trading
• Role of the Australian Securities and Investments Commission (ASIC) in enforcing directors’ duties
• Role of shareholders in corporate governance
• Role of industry corporate governance guidelines and the Australian Securities Exchange (ASX) Corporate Governance Principles and Recommendations.

The law of corporate insolvency plays a significant role in a modern economy. Recent economic downturns, coupled with high-profile corporate collapses, have emphasised its importance. However, several parliamentary and other enquiries have highlighted its inadequacies and shortcomings. This subject, taught by a lawyer who practises day-to-day in the area, will focus on current issues in corporate insolvency. It will be of particular relevance to practitioners whose work involves such issues—whether from the ‘back end’ (eg litigators) or ‘front end’ (eg transactional, banking or property lawyers who need to anticipate them).

Students will be expected to have some background knowledge in the subject matter before enrolling in this subject. At the least, they should have or obtain (for instance, by previous study in corporations law or by pre-subject reading) a general familiarity with the formal regimes (i.e. liquidation, administration and receivership) and relevant statutory provisions as a backdrop against which to consider those topics and issues.

Principal topics include:

• Foundations of insolvency law: History, philosophy, policies and principles
• Parri passu: The ranking of claims; priority creditors; the effect of secured credit
• Insolvency of corporate groups
• Avoidance of antecedent transactions
• Corporate rescue: Voluntary administration and deeds of company arrangement (DOCAs)
• Receivership; intersection with other insolvency regimes
• Restructuring: Schemes of arrangement, DOCAs and informal mechanisms.
• Qualification, regulation and supervision of insolvency practitioners

White-collar crimes differ from the popular conception of 'crime’ as involving the most unambiguously blameworthy sorts of conduct in which citizens can engage. This subject will examine how these crimes are dealt with under Australian rules on criminal responsibility, procedure, proof and punishment. It will also consider the various other enforcement options available to regulators to sanction similar (or the same) corporate misconduct, including negotiated outcomes, administrative proceedings and civil enforcement.

Adopting a comparative perspective (between Australia and relevant overseas jurisdictions, such as the United States), this subject will examine the major policy questions in the area of white-collar crime and regulatory enforcement, including (1) compliance or deterrence; (2) how to achieve corporate behavioural change; (3) the role of reputation in punishment; and (4) choosing between individual or corporate liability.

The subject will be of interest to government lawyers, corporate counsel and litigators - anyone who is interested in the often blurry lines that distinguish criminal from non-criminal behaviour.

Note that this subject includes an advanced analysis of aspects of Australian criminal law. The classes and the take-home examination assume a prior knowledge of Australian criminal law as taught in the core curriculum of Australian law degrees.

Principal topics include:

• The theory and policy of white-collar crime and regulation
• Corporate criminality and individual liability in an organisational setting
• Processes, proof and sentencing for business and organisational crime
• Advanced examination of criminal offences in the Corporations Act 2001 and the interaction of those provisions with the Criminal Code Act 1995 (Cth) and Crimes Act 1914.

In the preparation and conduct of litigation no area of law is more important than the law of evidence. Advanced Evidence aims to provide students with an enhanced understanding of the law of evidence. This subject focuses on key provisions of the uniform evidence legislation, which now operates in all Commonwealth, Victorian, New South Wales, Tasmanian, Australian Capital Territory and Northern Territory courts, and primarily examines the law of evidence in the context of criminal proceedings, where it is is strictly applied. Students can expect to refresh, deepen and develop their understanding of the factual, legal and policy issues associated with the law of evidence and to learn to analyse the admissibility of evidence at an advanced level

This subject is primarily based on a detailed examination of those rules of evidence regarding admissibility that are of particular significance in trials, especially criminal trials.

Principal topics may include:

• Relevance
• Hearsay evidence
• Opinion evidence
• Admissions
• Tendency and coincidence evidence
• Credibility evidence
• Identification evidence
• Discretionary and mandatory exclusion of evidence.

Note: this is a highly technical subject taught at an advanced level. It is only recommended for students with a law background.

Dispute resolution and problem-solving lie at the core of modern professional life for lawyers, business people and anyone who works with more than one other person. This subject provides an overview of the range of dispute resolution techniques used internationally. This subject differentiates the most prominent dispute resolution methods, including traditional litigation, arbitration (in its many forms, including international commercial arbitration negotiation) and mediation (also in its many forms, including partnering, mini-trials and dispute resolution coordinators). It also includes skills training in negotiation and mediation, designed to increase effectiveness in both resolving disputes and enhancing problem-solving abilities.

Principal topics include:

• The nature and varieties of disputes, how they arise and how they are avoided
• The options for resolving disputes: litigation, arbitration, negotiation, mediation and conciliation
• Factors considered by people when they choose a dispute resolution method, including social, cultural and economic factors
• Relevant law reform initiatives, with an emphasis on Australia, other common law countries and selected Asian countries
• Cross-cultural issues in the dispute resolution process
• The roles of judges, lawyers and the courts in the alternative dispute resolution process
• An analysis and comparison of the dispute resolution processes in environmental and native land title disputes, with an emphasis on Australia, Canada and the United States
• Basic skills for successful negotiation and mediation, including theory and practical exercises.

This subject focuses on skills and strategies that are key to negotiating, swaying and influencing counterparties in business negotiations and deal-making. In this subject, skills will be developed by constantly improving as business negotiators by asking the right questions, framing issues, gaining lessons learned, defining success metrics and negotiating with others with different skill-sets, perceptions and backgrounds. The subject will have a particular focus on negotiations in cross-border settings. The teacher is a leading expert in negotiation training, having taught and researched at prestigious institutions such as Berkeley, Stanford and Harvard, and trained executives at some of the world’s largest companies. He will draw on both real-world transactional and academic experience in leading the subject.

Principal topics and skills include the following:

• Understand why conflict arises between people and business organisations, within both a domestic and international context
• Assess and apply various strategic frameworks in diverse settings (business-to-business, private-public sector, etc)
• Define specific success metrics within diverse teams and groups before, during and after business negotiations and deal-making settings
• Apply and leverage the main conceptual frameworks related to transaction planning and conflict resolution within diverse environments - including distributive, integrative, and mixed motive negotiation styles (among others)
• Analyse and synthesise business negotiation theories, skill-sets and studies as current or future business negotiation professionals
• Recognise implicit and explicit biases and nudges that may hinder or help business negotiations, while developing strategies on how to bridge and create value from such gaps
• Develop, and learn how to continually develop, a value-added business negotiation toolbox and confidence as business negotiators and deal-makers
• Understand key contractual terms that may pivot business negotiators and negotiations
• Enhance effective communication skill-sets, both verbal and nonverbal, and develop an empathetic understanding of how and why counterparties may see things differently from you and your business unit
• Possess an overall understanding of the nature of disputes and conflict resolution, including ethical, cultural, economic, psychological and emotional factors.

Civil litigation is experiencing unprecedented levels of reform. Legislative changes, court decisions, changes to court rules and economic pressures are changing the way litigation is practised across the common law world. The proper roles of parties, lawyers, judges and courts are under scrutiny and discussion. The focus of this subject is current and significant issues in civil litigation, with an emphasis on new and emerging developments.

Andrew Higgins is an Associate Professor in Civil Procedure at the Faculty of Law, University of Oxford, and a Fellow in Law at Mansfield College. He is also a practising barrister specialising in mass tort litigation and General Editor of Civil Justice Quarterly.

Bernie Quinn is a Queens Counsel at the Victorian Bar who practices in a wide range of areas including commercial law, public law and product liability law. He speaks Bahasa Indonesian and was an Associate to Justice Michael Kirby. The subject will include guest lecturers drawn from the judiciary and the profession.

Principal topics include:

• Significant procedural reforms in Australia and overseas
• Law reform proposals
• The role of the judge, including case management trends
• Principles of apprehended bias
• ‘Overarching’ obligations of participants in the civil justice system
• Summary and interim relief
• Discovery
• Client legal privilege
• Expert evidence
• Procedural issues in conflict of laws
• Procedural issues in collective redress
• Costs and funding rules
• Appeal processes
• Enforcement
• Alternative dispute resolution
• Online dispute resolution and its impact on civil procedure.

Expert evidence continues to play a major role in civil litigation and criminal prosecution, as well as in administrative regulation. Moreover, the field of expertise in law has become the site of numerous contemporary controversies over judicial standards for admissibility of expertise, how to evaluate the reliability of expert testimony and the ethics of experts and attorneys who present expert testimony. This subject is primarily a detailed examination of the law and policy of the regulation of expert evidence in Australia, as well as comparative reform movements of likely significance to Australia in the future, notably developments in the United States. The materials for the subject, most of which are from court files of actual cases, will emphasise the practical uses of expert evidence inside and outside the courtroom.

Principal topics include:

• The legal framework for regulating expert evidence
• Debate and controversies about expertise
• The admissibility of expert testimony
• Restrictions on the conduct of experts
• Use of expert evidence inside and outside courtrooms.

The above topics will be illuminated through the study of specific instances of expert evidence, conduct and regulation that have prompted change and reform or controversy in Australia or other countries, especially the United States.

Mediation has become the likely forum for the resolution of most disputes – whether convened voluntarily, by contract, statute or court order – but its inherent confidentially makes it hard for outsiders to understand fully.

This subject will cover the majority of the material required for Accreditation under the National Mediator Accreditation Scheme (NMAS), but also recognise that mediation needs to be understood by all involved, not just future mediators. In light of this, it will examine the roles of solicitors and barristers, other advisers and experts, and the parties themselves. It will do this through teaching by Andrew Moffat, who regularly mediates commercial disputes in Melbourne and Sydney, supplemented by guest lecturers who fill these roles in mediations.

It also recognises that mediation is – and must maintain – a uniquely flexible process capable of very different approaches based on the context of the dispute. Guest lecturers who are expert practitioners in other dispute contexts will share their insights.

Students will develop a sophisticated understanding of current mediation theory and practice, and learn to put this learning into practice as mediators and mediation participants, through extensive involvement in simulations. Finally, students will learn about the mediation industry and the business and career elements of developing a mediation practice.

Successful completion of this subject, and a complete attendance record to all sessions, is expected to be credited for 60 per cent of National Mediator Accreditation Scheme training, under the auspices of the Resolution Institute, which will offer students the opportunity to study the remaining 40 per cent required for NMAS accreditation.

Principal topics include:

• Mediation within the broader context of dispute resolution
• Moving from positions to interests
• Standard NMAS mediation model
• Key concepts – voluntariness and empowerment
• Triggers for mediation – optimising timing where possible
• Mediator skills and when and how to intervene
• Changing dynamics in joint sessions
• Mandatory mediation as public policy
• Typical participants and their roles
• Alternatives and options in private sessions
• NMAS Approval and Practice Standards
• Setting the scene – the opening statement
• Mediation challenges – complexity and ethical issues
• Optimising mediation in cross-cultural disputes
• Mediation as a career.

This highly interactive subject will give students practice-relevant skills for negotiation and dispute resolution. Negotiating effectively involves being able to change the conversation, shifting from adversarial to collaborative approaches. The best negotiators are also skilled at structuring processes and listening beneath what is said. This program will introduce a proven framework for creating value and resolving disputes, informed by recent research and extensive practice. Using experiential approaches, case studies and simulations, participants will deepen their abilities to represent clients and negotiate across a range of practice contexts. Participants will have multiple opportunities to refine their negotiation and dispute management skills, and will leave with a series of practical tools for dealing with difficult negotiation behaviours and hard bargaining tactics in diverse settings. This subject will be useful for those working on a wide range of complex issues in a range of contexts including commercial, environmental, public policy and human rights.

Drawing on current interdisciplinary literature and case examples from practice, students will:

• Learn a proven framework for dispute analysis and negotiation to address a range of disputes
• Understand the dynamics of intractable disputes and a range of tools to address them
• Heighten their awareness of personal strengths and weaknesses as a negotiator
• Gain problem-solving techniques to enhance possible solutions in complex negotiations
• Acquire skills for choosing the right process to craft durable outcomes
• Heighten their abilities to work across diverse contexts
• Practice and refine negotiation and dispute management skills toward more successful outcomes

Successful completion of the subject will expand participants’ abilities for complex issue analysis, intervention and follow-up as negotiators, representatives and facilitators in negotiation and dispute resolution processes. Students will learn valuable skills of integrative thinking and creativity through experiential exercises and their final papers.

Irrespective of their speciality, lawyers must negotiate. Litigators resolve far more disputes through negotiation than by trial. Business lawyers in every domain negotiate on behalf of their clients. Commercial litigators, public interest lawyers, in-house counsel, government lawyers, criminal lawyers, and tort lawyers all share the need to be effective negotiators. However few lawyers have any systematic understanding of why negotiations often fail or have suboptimal results, of the dilemmas inherent in negotiations, or of the characteristics of effective negotiators The same can be said for most non-lawyers who negotiate in business or other contexts.

By combining theory and practice, this subject should enhance students’ understanding of negotiation and their effectiveness as negotiators. The subject should improve their ability to prepare for a negotiation, to engage others in joint problem-solving, and to select appropriate strategies when negotiations don’t go well. Above all, this subject will equip students to continue refining their skills as they gain more experience.

Florrie Darwin has taught negotiation skills to students, as well as a broad range of professionals, around the world.

Principal topics include:

• Introduction to negotiation principles
• Basic framework for preparing, conducting and reviewing a negotiation
• Giving and receiving feedback
• Creating value in negotiations
• The challenge of distribution
• Effective listening
• Managing interpersonal differences
• Negotiating via email
• Effective responses to difficult negotiation tactics
• Dealing with structural complexity in negotiation/multi-party negotiations.

This subject investigates the legal regulation of workplace bargaining in Australia. With the requirement that bargaining be conducted in ‘good faith’ under the Fair Work Act 2009 (Cth), this has become one of the most contested areas of federal labour regulation. The subject is informed by the historical, political and economic factors that have shaped the development of the law, as well as relevant international legal principles. While the focus of the subject is on the system regulating workplace bargaining under the Fair Work Act, other relevant areas of law are analysed, including the common law regulation of strikes and industrial action and the contract of employment. The special regulation of bargaining and industrial action in the building and construction industry is also examined.

Principal topics include:

• The historical development of the law relating to workplace bargaining
• Relevant international legal principles and Australia’s obligations in this respect
• Common law regulation of strikes and industrial action
• The system regulating workplace bargaining under the Fair Work Act 2009 (Cth), including the conduct of bargaining and the taking of protected industrial action, and the role of trade unions
• The form, function and content of registered workplace agreements
• The relationship of workplace agreements to other means of regulating working conditions, including the contract of employment
• The ‘general protections’ under the Fair Work Act for freedom of association and the exercise of ‘workplace rights’ in relation to bargaining
• Special regulation of bargaining and industrial action in the building and construction industry.

Complaints of bullying, harassment, discrimination and other interpersonal grievances have become commonplace. Employers’ disciplinary decisions in relation to misconduct are also subject to increased scrutiny by courts and tribunals. A fair and thorough workplace investigation provides the foundation for taking, and if necessary defending, disciplinary and other action by an employer in response to any workplace issue. This subject explores the current legal framework applying to workplace investigations in Australia and proposes a structure for conducting investigations to minimise risk.

This subject analyses the current law in Australia governing the investigation of complaints and conduct concerns in the workplace. It also explores various structures for undertaking effective and fair workplace investigations in this rapidly developing area of practice.

Principal topics include:

• Analysing the legal framework (federal and state) impacting upon workplace investigations in Australia
• Understanding what a workplace investigation is, and distinguishing investigations from other workplace processes
• The basic structure of an investigation
• Identifying the relevant scope of an investigation, including drafting allegations
• Establishing the appropriate foundation for conducting an investigation, including considerations in the selection of the investigator and work arrangements during the investigation
• Addressing other threshold issues prior to commencing an investigation, including appropriate roles of stakeholders
• Gathering information relevant to the scope of the investigation
• An examination of relevant principles of procedural fairness/natural justice - the bias rule and the hearing rule
• Making findings - evaluating the information gathered; applying the relevant legal tests, burden of proof and standard of proof and assessing credibility
• Applying the findings of an investigation in a disciplinary context, the role of the decision-maker, and implementing and communicating outcomes
• Learnings from overseas jurisdictions and potential for future developments in the field.

Employment contracts have been a major source of litigation in recent years, with some cases leading to very large payouts. This subject examines the evolving law of employment contracts, and other related kinds of personal work contracts. Drawing on recent cases as well as leading articles by Australian and international scholars, the lecturers consider several key questions. These include determining and varying contract terms, employer and employee duties, non-compete clauses, termination and damages. The subject also looks at the interaction between employment contracts and major statutes, such as the Australian Consumer Law and the Fair Work Act 2009 (Cth). The subject seeks to combine discussions of the practical realities of contracting with a broader analysis of the underlying assumptions in current law.

Principal topics include:

• The scope of employment regulation: which work relationships are covered?
• The regulation of independent contracting, such as agency relationships
• The content of the employment contract: express terms
• The content of the employment contract: implied terms
• Non-compete clauses and restraint of trade
• Employment, the Competition and Consumer Act 2010 (Cth) and estoppel
• Variation and flexibility in the employment contract
• Termination and remedies at common law
• The relationship between contracts, awards and agreements.

Discrimination and sexual harassment in the workplace represent an overwhelming majority of total complaints made to anti-discrimination authorities. Equality and discrimination at work remain pressing concerns for employees, managers and, more broadly, for society. Achieving equality is elusive and, indeed, the very meaning of equality is highly contested.

This subject explores the legal meanings of equality, with a focus on the frameworks through which Australian parliaments have sought to address inequality, discrimination and harassment. It examines federal and state laws that deal with discrimination, including the four federal laws, the Equal Opportunity Act 2010 (Vic) and the adverse action provisions in the Fair Work Act 2009 (Cth). Consideration is given to discrimination based on race, sex, disability, and pregnancy and family responsibilities. The lecturers in this subject combine many years of academic scholarship in this area, engagement in law reform debates and practical client-focused legal advice

This subject provides an examination of the development and current scope of Australian equality and discrimination law, as relevant in employment and work relationships. It will focus on federal and Victorian jurisdictions.

Principal topics include:

• A study of the framework and key features of federal and state legislative provisions dealing with equality and discrimination in the employment context, including theEqual Opportunity Act 2010 (Vic), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth) and theAge Discrimination Act 2004 (Cth)
• An examination of the general protection provisions in the Fair Work Act 2009 (Cth), including redress for certain types of adverse action
• Debates regarding the meaning of equality, discrimination and other contested concepts such as choice, especially as choice relates to carer responsibilities
• The Charter of Human Rights and Responsibilities Act 2006 (Vic), and its potential impact in the interpretation of the Victorian Equal Opportunity Act
• Conciliation, dispute resolution and remedies
• Alternative regulatory regimes, including the National Employment Standards, equal remuneration provisions under the Fair Work Act, contract law and occupational health and safety issues such as bullying
• Current processes of legislative revision at federal and state level
• The potential for future developments in the field.

Human rights law is a subject of growing importance with wide implications, for governments and business. This subject considers how human rights law can be used to regulate private power (the power of the employer) and a private law relationship (the contract of employment) in an era of globalisation and transnational corporations. It examines, in particular, the question whether labour rights can be regarded as human rights, and considers the main international instruments designed to regulate the workplace.

The main focus will be the four core principles of the International Labour Organisation, concerned with the right to freedom of association, protection from discrimination, the elimination of forced labour, and combating child labour. Consideration will be given to how these and related obligations can be enforced against governments, but also against corporations. Different instruments of corporate accountability are fully explored, and attention is paid to how business can keep on the right side of human rights standards, and the risks of failing to do so, with reference to the law and practice of Australia and other common law jurisdictions.

What is the relevance of human rights at work for governments and corporations in Australia, whether doing business here or overseas? What are the ‘risks’ of human rights at work, legal or otherwise? Conversely, how can trade unions mobilise around human rights at work to advance the interests of their members?

Principal topics include:

• The nature of protection of labour rights in international and domestic law
• The scope and relevance of international labour standards for domestic law
• The role of hard and soft law mechanisms and the collapse of the hard/soft law distinction
• The application of human rights principles to private law relationships in selected areas.

As labour and capital markets transcend domestic borders, the objectives of labour law can no longer be confined solely to actions within the nation state. The purpose of this subject is two-fold. First, to identify the diverse components of international employment and labour law, the institutions, the claims and the methods for advancing social protection to workers worldwide. This enquiry spans beyond traditional instruments that are associated with labour law, and includes trade law, corporate social responsibility and cross-border litigation. The second goal is to assess how international developments affect domestic labour law with a particular focus on the European Union, the United States, China and India.

Principal topics include:

• International trends challenging national systems of labour regulation (such as global supply chains, the gig economy and increasing use of information technology);
• The composition, powers and functioning of international organisations that regulate labour internationally, including the International Labour Organization (ILO) and the European Union (EU);
• The key features of national systems that have a major impact on the world economy, especially the Asia-Pacific;
• The role of intergovernmental agreements and private corporate codes in securing international labour standards
• The success of adopting a human rights approach to labour regulation in the face of changes to domestic and international labour law frameworks.

This subject addresses the relevant provisions of the key federal statute governing minimum employment standards in Australia, the Fair Work Act 2009 (Cth), which is the centrepiece of Commonwealth statutory regulation of working conditions. The subject examines the mechanisms by which minimum wages, working hours regulation and leave entitlements are set and reviewed, as well as the function and content of these standards. This subject also addresses the important topic of how compliance with labour standards can be enforced and considers issues such as the role of the Fair Work Ombudsman, and the challenge of enforcement in the context of different business models, such as franchise networks.

This subject covers federal statutory regulation of minimum employment conditions in Australia. It addresses the relevant provisions of the key federal statute, the Fair Work Act 2009 (Cth).

Principal topics include:

• The scope of the national system of labour regulation
• The institutions that regulate labour standards and working conditions, including the Fair Work Commission and the Fair Work Ombudsman
• The role and content of the National Employment Standards (NES) as a means of maintaining a safety net of fair working conditions
• The form, function and content of modern awards as a mechanism for setting further minimum labour standards at an industry and sectoral level
• The relationship of modern awards and the NES to other means of regulating working conditions, including the contract of employment and enterprise agreements
• The legal mechanisms and sanctions relating to enforcement of minimum labour standards and working conditions by employees, unions and the Fair Work Ombudsman
• The administrative sanctions available to the Fair Work Ombudsman
• Emerging issues and innovative approaches in regulating and enforcing labour standards and working conditions, including protection of vulnerable workers such as interns, casual and part-time workers and outworkers, extra-territorial coverage of labour standards, and regulation of work/life balance.

Paid work is central to the lives of most adults – it provides an income and is constitutive of identities. For society at large, the organisation of paid work relationships is crucial because of the need to produce goods and services and to protect those engaged in production. Regulation of these work relationships by law is, therefore, important.

This subject provides a thematic overview of the legal regulation of work relationships in Australia in an industrial, social and political context. It examines how work relationships are regulated through statutory regimes as well as through contract law. A major focus of the subject is the Fair Work Act 2009 (Cth), which sets minimum employment conditions, regulates modern awards and workplace agreement-making, provides redress in relation to adverse action and also provides processes to deal with issues of bullying at work. Anti-discrimination and equality law will also be examined.

This subject is designed to be of particular assistance to students without previous (or recent) legal study in this area. Principles of Employment Law is compulsory for students who do not have a law degree from a common law jurisdiction, and it is strongly recommended that this subject be taken before any other employment and labour relations law subjects. Principles of Employment Law is also recommended for students who have not studied an equivalent subject in their law degree, or who have not done so recently. Principles of Employment Law is ideal for students undertaking a masters in another specialisation, or a Master of Laws, who wish to study one subject in the field of employment and labour relations law.

Principal topics include:

• The constitutional framework for Australian employment law
• Statutory standards under the Fair Work Act 2009 (Cth) including unfair dismissal, minimum wage rates, hours of work, leave, adverse action and 'right to request' regimes
• The regulation of employment rights and working conditions by modern awards and enterprise agreements under the Fair Work Act 2009 (Cth)
• Various aspects of the common law contract of employment
• Anti-discrimination and equality law.

In 2010 all Australian governments publicly committed to implementing nationally-uniform laws about work health and safety. This development is bringing to fruition a process that began 30 years ago. However, Victoria is one of two states that have not implemented the agreed national laws. Therefore, this subject examines in detail the content of Victorian law, as well as the new national laws.

By referring to the existing state, territory and Commonwealth body of law, this subject considers the operation of Victorian work health and safety law in its historical and industrial setting, as well as the likely practical operation of the new regulatory regime. The lecturer is a researcher and teacher with over 30 years’ experience in researching and teaching work health and safety regulation.

Principal topics include:

• The problem of work-related injury and disease
• The history of the legal regulation of health and safety at work
• Nationally-uniform workplace health and safety laws
• Standard-setting under the Australian work health and safety statutes
• Worker representation and participation under the Australian work health and safety legislation
• State enforcement of the work health and safety legislation
• The anti-bullying jurisdiction of the Fair Work Commission
• Workers’ compensation schemes in Australia
• The rehabilitation of injured workers
• The role and impact of the common law duty to provide work that is safe and without risks to health.

Adequate, reliable and sustainable supplies of energy are crucial to modern societies, and their assurance demands the close and continuous involvement of governments. This subject explains the challenges—affordability, security of supply, safety, control of monopoly, sustainability in an age of global warming—that the economic and technical characteristics of different energy sources present to governments in Australia, and analyses the regulatory tools that they have at their disposal for responding to such challenges. It shows how the law can function both as an essential vehicle for such regulation and as a constraint on its content. The lecturer is a leading international authority on oil and gas law and has published extensively in the field of regulation.

Principal topics include:

• The nature of regulation, its development in Australia and its relationship with law
• General explanations and justifications for regulation
• The techniques of regulation
• Regulatory issues posed by the supply of different types of energy:
  • Mineral energies: coal, petroleum and uranium
  • Network energies: electricity, gas
  • Renewable energies
• The Australian federal environment for energy regulation. Two or more case studies of Australian energy regulation:
  • Electricity and gas: from state monopolies to regulated national markets
  • Mined energies: securing effective exploitation, managing resource conflicts
  • Renewable energies: regulatory incentives
• Cross-cutting issues in energy regulation:
  • Regulatory authorities
  • Forms of regulation: prescription versus goal-based regulation; discretion versus rules; legislation versus contract
  • Regulatory review and evaluation.

The mining industry is international in character and many mining and exploration companies operate in multiple foreign jurisdictions. This subject examines the legal, fiscal and regulatory regimes that govern mineral exploration and production internationally, with a particular emphasis on exploration and mining in developing countries. It deals with the negotiation of mining development agreements with host governments, regulatory schemes and fiscal regimes, community agreements, principles of sustainability and international norms affecting the mining sector. The lecturers have extensive practical experience in mineral ventures in a number of different jurisdictions.

Principal topics include:

• Mining development agreements
• Mineral ownership
• Legal structures
• Exploration regimes
• Fiscal regimes
• Foreign investment controls
• Marketing and financing issues
• Communities and indigenous peoples
• Land access issues
• Sustainable development principles
• International frameworks and norms applicable to mining.

This subject considers the legal issues and structure of transactions relating to the exploration, production and marketing of petroleum that, owing to its economic and strategic importance, is the most important commodity traded worldwide. This subject will give students a detailed understanding of how crude oil and gas are exploited and marketed worldwide. It will cover how countries establish sovereignty over petroleum resources and how host governments or their national (state-owned) oil companies contract with private companies to explore and develop oil and gas resources. This subject also reviews and analyses key contracts among petroleum companies, and contracts between petroleum companies and petroleum-services contractors, that facilitate exploration, development and marketing of petroleum. As petroleum is one of the most politically charged commodities, this subject will also consider extra-territorial anti-corruption law and political risk. In a broader sense, this subject will help students develop better analytical skills—especially the ability to critically evaluate contracts.

Principal topics include:

• Host government contracts
• Joint bidding, confidentiality, exploration and farmout agreements
• Joint operating and unitisation agreements
• Managing and contracting to avoid corruption problems
• Managing and allocating risk in service contracts.

The delivery of major energy and resources projects is an organic process which involves multifaceted interactions with the law. In this subject, students will gain insights into the way that advising on such projects involves navigating an often-challenging intersection of construction and regulatory systems, drawing on aspects of property law, environmental law, native title, finance, banking and commercial law.

Students will also engage with the need for reform in major project delivery, with the cost of project delivery in Australia already prohibitive and globally uncompetitive.

The subject will examine how major energy and resources projects are defined, designed, structured and developed, the pressure points for successful and cost-efficient project delivery in Australia, and the areas where conflicts and disputes emerge and how they are managed.

Principal topics include:

• Project scoping from feasibility to design, including examination of recent studies on procurement practices and a simulated workshop on feasibility models, risk analysis and front-end engineering and design (FEED)
• Overview of regulatory approval frameworks for major project delivery in the energy and resources sector, including a case study-based discussion of the interaction of such frameworks with construction document development and management
• Project delivery models and frameworks in the energy and resources sector
• Examination of leading causes of project stress and failure, including the need for proactive forensic planning
• Interactive case study where students collaboratively examine particular aspects of project design and execution
• Current approaches to dispute management in major project delivery, including exercises examining common problems encountered in drafting dispute resolution clauses in project documentation, as well as a discussion of contemporary and innovative approaches to dispute management and avoidance in major projects.

Mineral and petroleum resources have shaped Australia’s history, economy, society and environment for more than 150 years and continue to do so. The exploitation of these resources involves governments as proprietors and regulators, together with private enterprise as explorers and developers. The complex relationship between governments and private enterprise provides the central theme of the subject. Australia’s federal system of government adds to the complexity of that relationship. The subject begins by identifying fundamental legal issues that occur in most countries in the exploration for and production of mineral and petroleum resources. It then examines the ways in which these issues are resolved in Australia, using statutory title regimes and government agreements. The effectiveness of the Australian approach to these matters is examined in the international context of legal arrangements employed for management of mineral and petroleum resources elsewhere in the world.

Principal topics include:

• Terminology: the meaning of ‘mineral’ and ‘petroleum’
• Jurisdiction over mineral and petroleum resources
• Property in mineral and petroleum resources
• Statutory exploration and production titles
• Government royalties
• Petroleum production controls and unit development
• Dealings and registration
• Private royalties
• Access to land
• Environmental controls
• State agreements
• Unconventional gas
• Underground storage
• Greenhouse gas storage
• Uranium
• Case study 1: Mineral Resources (Sustainable Development) Act 1990 (Vic)
• Case study 2: Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth).

Project finance is the financing of major projects. It often takes the form of a financing arrangement under which the monies raised for a project are repaid primarily from the project’s cash flow, with the project’s assets held as collateral. It enables the sponsor of a project to arrange financing with no recourse, or limited recourse, to the sponsor’s balance sheet. Project finance is complex in view of the number of parties involved, the security that is taken over the project’s cash flow and assets, the nature of the rights that are exercised by the lenders in respect of the project generally and the cross-border character of stakeholders. Project finance lawyers need to have an in-depth understanding of both the legal issues that arise as well as the commercial and operational aspects of the project.

The lecturers are leading practitioners in this area and they introduce students to the key legal, contractual and structural issues concerning major projects and project finance, and analyse these issues in the context of a number of case studies in the mineral, energy and infrastructure sectors.

Principal topics include:

• Characteristics of suitable projects
• Characteristics of project financing in Australia
• Project financing techniques
• Identification of risk and techniques for allocation of risk
• Structuring financing requirements for a project
• Contractual arrangements
• Project financing default and remedies
• Case studies of project financing in mineral, energy and infrastructure sectors.

The exploitation of mineral and petroleum resources involves substantial risk. The resources joint venture provides a commercial opportunity to manage this risk. It is a particular legal relationship: an association of persons (natural or corporate) to engage in a common undertaking to generate a product to be shared among the participants. Management of the undertaking is divided: the participants determine some matters by agreement at the outset of the relationship; the power to determine other matters is vested in a committee on which the participants are represented and entitled to vote; a manager (or operator) is appointed by the participants to conduct agreed activities, on their behalf, within the scope of the common undertaking (exploration, development production).

This subject examines the legal issues involved in this complex relationship, together with ancillary transactions (such as farmouts). In doing so, it considers the capacity of the common law to respond to commercial imperatives. It also evaluates the effectiveness of legal documentation employed in establishing the joint venture relationship.

The lecturer, a former Dean of Melbourne Law School, has published extensively in the fields of energy and resources law and served as President of the Australian Mineral and Petroleum Law Association.

Principal topics include:

• Statutory titles, government agreements and production-sharing agreements
• Farmouts
• Joint ventures and operations
• Unit development
• The operator/manager
• Fundamentals of contract law and property law
• Assignment
• Liability
• Default
• Disclosure and confidentiality
• Sole risk
• Termination
• Codification.

Climate change is a pressing environmental, economic and social problem. Global warming is predicted to have wide-ranging impacts, and it presents enormous challenges for conventional models of law and socio-economic governance due to its pervasive character, long-term effects and the need for dynamic change in many of the fundamental areas of life. This subject examines the challenges for law in driving that change, from the United Nations Framework Convention on Climate Change (UNFCCC) and its associated Paris Agreement, to international trade and litigation, to federal and state legislative responses, through to local effects including on Indigenous peoples. The lecturer is active in research and advice in climate change law and governance in the international and domestic law spheres.

Principal topics include:

• The scientific basis for global warming and physical impacts of climate change
• The international legal framework, including the UNFCCC, Kyoto Protocol, Paris Agreement and associated international instruments
• Social and cultural impacts and legal responses, such as human rights protection
• The schemes for reducing emissions from deforestation and forest degradation (REDD).
• The role of the World Trade Organization (WTO) in climate change governance, particularly with respect to renewable energy technologies and the disciplining of fossil fuel subsidies
• The interaction of climate change regimes with other international law frameworks; eg World Heritage, refugee law, human rights and security
• The federal legislative framework for climate change mitigation and adaptation, including direct action plans, market mechanisms and carbon trading
• State-based legislative and regulatory responses to climate change
• Climate change regulation and its impact on corporate entities
• Bio-sequestration and carbon capture and storage
• The nature of climate change litigation

Environmental law deals with pressing legal and social issues within Australia and the global society that range from biodiversity protection to waste reduction. This subject provides an overview of fundamental environmental law concepts and principles and it canvasses how law has evolved in response to global environmental challenges, such as climate change, as well as identifying where national regulatory reforms may be required. The subject equips students with a grounding in the principles of environmental impact assessment law by reference to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It examines the regulatory tools and approaches relevant to pollution control and biodiversity conservation – including offset models. In addition, this subject introduces international environmental law dealing with questions such as trans-boundary harm and World Heritage protection, as well as considering how international influences have shaped the direction of Australian environmental law.

Principal topics include:

• The expanding scope of environmental law – nationally and internationally – including transboundary regulation.
• The multidisciplinary character of environmental law and regulation that needs to respond to complex, multilevel environmental problems.
• The diversity of environmental law approaches that cover a regulatory evolution from the common law through direct regulation to market measures and community engagement.

These themes will be illustrated by case studies in the following areas:

• Environmental law: The drivers of change
• Environmental law: Principles and concepts
• Environmental actors, including public interest litigation with a focus on biodiversity protection
• Legal and regulatory tools used in environmental law, including duty of care concepts in pollution laws and the procedures and substantive law governing impact assessment and development approvals.
• The interaction of law and science, with a focus on the precautionary principle
• Implementation and enforcement of Environmental Law
• International environmental law, including biodiversity protection, world heritage and climate change governance.

International environmental law is the field of public international law concerned with the protection of the natural environment, and those aspects of the built environment recognised as world cultural heritage. It is a vitally important branch of international law, seeking as it does to safeguard the environment on which humanity depends for its very existence. International environmental law seeks to integrate the activities of diverse actors—states, international organisations, businesses, communities and non-government organisations (NGOs) and uses a wide range of legal tools (including economic instruments and participatory mechanisms) to address pressing environmental concerns. This subject explores the critical governance and regulatory dimensions of international environmental law, as well as introducing you to cases and treaties that have been pivotal to the development of this area of international law. The lecturers in the subject are international environmental law experts, with both academic and practical experience in the field, which will be drawn into the delivery of a stimulating and relevant subject.

Principal topics include:

• The need for international environmental law and its historical development
• Fundamental principles and concepts necessary for an understanding of international environmental law, eg sustainable development, precautionary principle and 'polluter pays' principle
• The principal institutions and actors involved in the creation, implementation and enforcement of international environmental law
• The principal cases and treaties that have been influential in the development of international environmental law
• Current issues of concern in international environmental law, including atmospheric pollution and climate change, the protection of the oceans, species protection and biodiversity, and international trade.

This subject provides an in-depth examination of negotiated instruments as a means of addressing international environmental problems. It focuses on legally binding agreements between states - that is, treaties - but also explores other types of negotiated instruments such as declarations and codes of conduct, which may be non-binding or involve non-state actors. The subject analyses issues of treaty negotiation and design by comparing the development of different environmental agreements, including the Montreal Ozone Protocol, the Paris Climate Agreement, the Basel Convention on Transboundary Movement of Hazardous Wastes, the International Convention for the Prevention of Pollution from Ships (MARPOL), and the World Heritage Convention. At the end of the subject, students will apply what they have learned in a mock negotiation.

This subject will focus on the functions of international environmental agreements, how they are negotiated and designed, and how they develop and evolve over time. Subject materials will include case studies of particular environmental negotiations and international relations explanations of environmental negotiations, including treaty design choices.

Principal topics include:

• Why do states negotiate environmental agreements? (costs and benefits, normative factors, domestic politics)
• Categorising agreements: legal/non-legal, constitutive/regulatory, global/regional
• Pre-negotiations: determining the negotiating forum and mandate
• Negotiating process: actors (coalitions/groups, chairperson, secretariat, NGOs), decision-making rules, organisation (inter-sessional meetings, open and closed sessions, means of resolving 'crunch' issues), adoption
• Treaty design: legal form; architecture; breadth; depth, types, and differentiation of obligations; institutions; mechanisms to promote participation, compliance, and flexibility; entry-into-force requirements
• Drafting techniques and, ways of resolving differences
• Treaty development: protocols, amendment, decisions of parties, interpretation
• International relations explanations.

This subject examines the law applicable to planning and development projects within Victoria. A detailed analysis of the Planning and Environment Act 1987 (Vic) and its application will be supplemented by an examination of the various political and economic aspects that are at play in the Victorian planning regime. The subject will also address the interaction of the Victorian planning regime with a number of other statutory processes relevant to the development of land within Victoria, such as those contained within the Environment Protection Act 1970 (Vic), the Subdivision Act 1988 (Vic), and the Building Act 1993 (Vic).

A key component of the subject will be a case study concerning a hypothetical development proposal.

Principal topics include:

• The conceptual framework for planning law in Victoria
• Evaluation of the various components of the Victorian planning regime, focusing on the operation of the Planning and Environment Act 1987 (Vic) and the Victoria Planning Provisions
• The role of key actors under the Victorian planning regime (such as the Victorian Minister for Planning and municipal councils) and the key processes established under the regime
• The review of decisions made under the regime (both in the Victorian Civil and Administrative Tribunal and the Supreme Court of Victoria) and the powers available to relevant planning authorities under the Planning and Environment Act 1987 (Vic)
• Particular problems that arise in the Victorian planning system such as the fair and equitable distribution of undesirable land uses, the limitation of urban sprawl within metropolitan Melbourne, the appropriate level of public participation in decision-making processes, and the need to deliver sound planning outcomes in a timely and efficient manner
• The interaction of the Planning and Environmental Act 1987 (Vic) and the Building Act 1993 (Vic).

Outer space, high seas, the deep seabed and Antarctica are areas governed by international law using the same set of legal principles centred around international management, non-appropriation, equitable use and peaceful purposes. The importance of these international areas and their resources has increased exponentially over the past 30 years due to globalisation and the need for these resources. New technologies, increasing demands for new resources, climate change and exotic tourism, driven by a tripling of the global economy over the next 30 years, mean that their importance will again increase dramatically. Management of these areas and their valuable resources is a rapidly developing area of international law that will affect many different areas of commerce and the law. This subject provides a unique opportunity to learn from two international lawyers with practical experience in the field.

Principal topics include:

• What are international areas, what is their importance and what are future trends in their use?
• The historical development of regulations governing the use of international areas and their resources, such as fishing, oil and gas extraction, pollution and access to orbits
• Law governing major international areas and their natural resources, including:
  • Polar
  • Outer space
  • High seas
  • Deep seabed
  • Atmosphere
• Current issues and developments, in particular:
  • Management of resources in the deep seabed, continental shelves, polar regions and celestial bodies
  • Equitable access to outer space orbits, especially geostationary orbits
  • Challenges of tourism in the deep sea, outer space and Antarctica
  • Environmental impacts of human activities (polar melting; space debris; ocean fertilisation; marine pollution and dumping)
  • The right to protest at sea in connection with the use of natural resources
  • New and emerging uses of these areas (e.g. geo-engineering and the use of plant genetic resources for food and agriculture).

This subject provides an examination of current environmental tort, waste management and contaminated land laws from Victoria, across Australia and beyond, alongside an inquiry into global trends in the regulation of waste and its movement. The law and regulatory policies will be critiqued against the concepts of responsibility and justice, and contextualised through case study examples and practitioner perspectives.

The subject will ask: What are the risks and advantages of relying on particular types of laws to regulate waste, and protect the environment and humans from pollution and contamination? The subject will present Victoria, with its newly revised Environment Protection Act, as a case study for these laws, while also offering comparative insights, analysing developments in the law of torts and waste and contamination laws from Australia, overseas and internationally. It will also draw on recent controversies, including global ‘bans’ on the movement of waste, a rise in concern about plastics pollution, and the uncovering of legacy contaminants on federal lands, and highlight the experiences of practitioners to learn about the law in action.

Principal topics include:

• Toxic torts, human health and environmental justice
  • An introduction to the notion of a 'toxic tort’ and environmental health
  • The global origins of the toxic tort discourse
  • Toxic tort actions and notions of justice
• Environmental protection and responsibility; trespass, nuisance and negligence
  • Offences, duties, and regulatory models for environmental protection under pollution control legislation
  • Recent developments in the environmental torts landscape
  • Environmental torts and notions of tortious responsibility
• Waste management – from global to local
  • An international law framework for waste management
  • An overview of waste management laws – from the global to the local
  • The dilemma of plastics and the fate of recyclables. A case study-based critique of international, national, state and local laws and policy
• Contaminated land
  • An examination of Victoria’s contaminated land laws compared with Australian and overseas jurisdictions
  • Possible liability of a broader community of responsible parties—including financers and company directors
  • Practitioner perspectives on how clients manage contaminated land and pollution risk, and how lawyers can minimise potential future liability for contamination through due diligence and contract drafting.

Water law and natural resources management are fundamental to human society, environmental protection and economic productivity. Legal rules around water are found in all societies. Water is both a human right but also a source of conflict – that law seeks to regulate. There is increasing pressure on water globally, and extreme events such as drought, heighten tensions around water allocation in Australia and many other countries.

The subject considers the international laws governing freshwater, including trans-jurisdictional water governance for major shared river systems. It examines contemporary trends in water law and governance such climate change impacts on water availability. It provides an overview of common law rules around water allocation and water quality. There is a major focus on indigenous water rights and rights for rivers.

The subject provides an in-depth understanding of the federal water legislation governing the Murray-Darling Basin and the Victorian water legislation- including water trading. It introduces urban water laws, with a focus on water pollution controls. It examines the innovative reforms around environmental water and the ecological protection of rivers and groundwater. It provides a case study of the impacts on groundwater due to mining and fracking.

Principal topics include:

• International law and policy governing water, including relevant treaties and conventions, and case law
• Water rights: including human rights and Indigenous peoples’ rights
• Common law rules for surface and groundwater
• The Australian national water law reform model
• The Water Act 2007 (Cth), including water trading and water planning
• Environmental water law and regulation – including the Environmental Water Holders
• Victorian water laws, including water authorities and governance models
• Water quality: addressing point source and diffuse water pollution
• Integrated catchment legislation
• Urban water laws, including water-sensitive urban design.

Human rights adjudication has expanded in many jurisdictions across the world in the past few decades. Yet there is still scepticism about the role of courts in human rights adjudication and the question whether Australia should adopt a justiciable bill of rights remains an open one. This subject will provide students with the opportunity to reflect critically on the role of courts in human rights adjudication by introducing them to the different approaches to the adjudication of human rights in a range of jurisdictions including South Africa, India, the United States, Germany, Canada, Israel, the European Union and Australia. Several key human rights issues that have arisen in different jurisdictions will be analysed and compared.

Principal topics include:

• What are human rights?
• Different approaches to judicial review of rights
• Different traditions and conceptions of constitutionalism and of rights jurisprudence
• Key issues in rights jurisprudence: hate speech, political speech, freedom of religion, equality and affirmative action, gay rights and same sex marriage, social and political rights
• Current challenges for human rights protections.

A fundamental question to be considered in every court proceeding is the character of the jurisdiction being exercised by the court - whether state or federal. Federal jurisdiction is the authority conferred upon Australian courts by the Constitution and laws made under it to adjudicate upon cases within the classes of matter set out in sections 75 and 76 of the Constitution. Whether federal jurisdiction is involved is a threshold question for the parties and for the court in any proceeding.

The subject will consider the origins and concept of federal jurisdiction, its application in the Australian judicial system and the interaction between federal, state and territory laws and the common law in the exercise of federal jurisdiction. There will be discussion of how its conferral on state and territory courts supports implications limiting the imposition or conferral on those courts of functions that are inconsistent with their institutional integrity.

The subject is not without complexity but the central principles are relatively simply explained.

The subject will be delivered by the Hon Robert French AC, former Chief Justice of Australia and before that a Justice of the Federal Court of Australia for 22 years, and Frances Gordon, barrister practising in public law at the Victorian and New South Wales Bars.

Principal topics include:

• The concept of jurisdiction and the distinction between original and appellate jurisdiction
• Federal jurisdiction, its origins, the meaning of the term and the relevant constitutional provisions conferring and authorising its conferral and statutory grants conferring federal jurisdiction
• The United States model
• The Australian court system in historical and functional perspectives
• The idea of a 'court' - when is an administrative tribunal also a court for the purposes of federal jurisdiction
• The content of federal jurisdiction - the concept of the 'matter'
• The application of state and territory laws and the common law in the exercise of federal jurisdiction
• Removal and remitter of matters between the High Court and lower courts
• The Kable case and its sequelae, a consequence of the scheme for the distribution of federal jurisdiction?
• Can federal jurisdiction be abolished.

Freedom of speech is a widely agreed upon principle in free democratic societies. However, at the same time, it is at the centre of fierce and wide-ranging disputes. This subject will examine the rationales for protection of freedom of speech and key controversies about freedom of speech. The subject will be broadly comparative, examining the legal protection of freedom of speech in Australia, Europe, Asia and North America. Jurisdictions of particular focus (in addition to Australia) will include India, Malaysia, Germany, the United States and Canada.

Principal topics include:

• Normative arguments for freedom of speech and for the regulation of speech
• The legal mechanisms for protection freedom of speech in international law and selected domestic jurisdictions
• The relationship between freedom of speech and laws regulating:
  • racial and religious vilification (including holocaust denial)
  • political protest
  • electoral funding
  • terrorism and national security.

This new subject will consider cutting-edge issues in the law governing the liability of public authorities. Government liability is a field of great practical significance for government and those who interact with government. It also raises difficult issues of theory, lying at the border of public law and private law, and complex policy questions, such as the balance to be struck between interests in individual redress and public interests including the preservation of public finances. The subject will focus on the law of Australia and common law jurisdictions.

The subject will consider significant issues that arise across the major fields of liability. Within the law of torts the course will consider: public authority negligence, including liability for regulatory failure, and of child protection agencies, police and emergency services; misfeasance in public office; malicious prosecution; private and public nuisance; trespassory torts; statutory immunities or defences that provide special protection to public authorities; particular difficulties relating to governments direct and vicarious liability; and issues in the law of damages, including the novel subject of vindicatory damages. Within the law of unjust enrichment, the subject will consider the different grounds on which public authorities can be stripped of unjust gains, and particular issues associated with claims for the return of taxes unlawfully demanded. In the law of contract, the course will consider various special rules that may apply to government contracts including immunities, and will consider the consequences where contracts are entered into without authority. The subject will also consider the history of law reform proposals that seek to make government compensate for ultra vires administrative action, and the role of ex gratia payments.

Principal topics include:

• The law of torts
  • Public authority negligence, including liability for regulatory failure, and of child protection agencies, police and emergency services
  • Misfeasance in public office
  • Malicious prosecution
  • Private and public nuisance
  • Trespassory torts including false imprisonment
  • Vicarious liability of public authorities
  • Statutory immunities and special defences for public authorities
  • Damages awards against public authorities including vindicatory damages
• The law of unjust enrichment
  • Grounds for seeking restitution against public authorities
  • Recovery of unlawfully demanded taxes
  • Special defences for public authorities
• The law of contract
  • Special rules regulating government contracts
  • Consequences of ultra vires contracts
• Compensation beyond private law
  • Law reform proposals for compensation for ultra vires administrative action
  • Ex gratia payments.

This subject will be delivered online in 2020 over the scheduled dates.

This subject seeks to understand how judges arrive at judgments and thus the complex question of adjudication. By examining key elements of the vast literature that has analysed the process of adjudication, the course attempts to develop the conceptual tools by which each student can approach the reading of judgments of courts. The subject then intensively discusses a number of important cases from various jurisdictions – the United Kingdom, the United States, Australia, South Africa and Canada. By applying the insights learned from the earlier conceptual discussion, the course examines the judicial mind that has given rise to the judgments so studied. In this way, the subject talks to practitioners who litigate and can reflect on the means of help shaping the judgment they so seek, as well as to those lawyers who wish to develop a comprehensive understanding of both the theory and practice of adjudication.

Principal topics include:

• A critical reading of key texts – Hart, Raz, Fuller, Dworkin, Habermas, Derrida and Kennedy
• Language, linguistic theory and the law
• Reading judgments (Australian and comparative) – both in the area of constitutional/human rights law and private law
• The impact of political emergency upon the judicial function/adjudication.

This subject will address a selection of the most significant and cutting edge issues in the law governing public administration. Importantly the subject will take a contextual approach, placing administrative law principles in the context of the administrative processes they are designed to regulate, and considering the role of law in the design and working of government administration. It will seek to consider cutting edge issues in administrative law not only through the lens of legal analysis but also from the perspective of public officials, who are the addressees of and must work with administrative law principles. The subject will focus on the law of Australia and other common law jurisdictions.

The subject is divided into three parts. Part one, on decision-making, will address the distinction and interrelationship between discretion and rules, including the use and legal status of government policy and official guidance; administrative procedures, including in terms of e-governance; and the place of good governance values in government rule-making, including values of transparency, accountability and participation. Part two, on judicial-executive relations, will consider government strike-back against judicial decisions, both in the context of judicial review and public authority liability, and the interplay between judicial review and government resource allocation. Part three, on ‘new principles, new challenges’, will critically examine and chart the implications for public administration of emergent doctrines such as proportionality, legitimate expectations and duties of consultation.

The subject will be of interest to lawyers with interests in public law, and of especial interest to lawyers working in or who advise government, and to anyone with an interest in how law frames and operates within public administration.

Principal topics include:

• Administrative decision-making
  • Administrative discretion and rules, with a case study on the use and legal status of administrative policy and guidance
  • Administrative decision-making procedures and the role of legal norms
  • Government rule-making and good governance values including transparency, accountability and participation
• Judicial-government relations
  • Government responses to judicial decisions and the impact of judicial decisions on public administration, with cases studies in judicial review and government liability
  • Judicial review and government resource allocation
• New principles, new challenges
  • Emergent doctrines and their implications for public administration, with case studies on proportionality, legitimate expectations and duties of consultation.

This subject studies the central mechanism for democratic accountability – elections. It adopts an interdisciplinary approach to underscore how this area of law is shaped by normative principles, the political process and practical considerations. The subject will be situated in the context where the dynamic interaction of diverse and powerful actors shapes the design and practice of such law.

The subject also aims to develop amongst students the critical ability to assess the strengths and limitations of the Australian version of electoral democracy. Integral to its aim is the comparative perspective of the subject where the examination of key questions will be informed by international standards and relevant examples from other countries, which may include Canada, India, Indonesia, South Africa, the United Kingdom and the United States.

Principal topics include:

• Why do elections matter? Democratic theories of elections and their critiques
• Which public officials should be elected? The case of judges
• Constitutions, elections and democracy
• What happens during elections? The election campaign, the institutional actors (political parties, third party campaigners, the media, electoral commissions and the courts)
• The voting process (compulsory voting, preferential voting, proportional voting)
• Electoral rights (right to vote, freedom of political association, freedom of political expression)
• The drawing of electoral boundaries
• Regulation of political parties
• Money in electoral politics
• Electoral law-making: the challenge of making democratic electoral laws in a party system
• The role of courts and electoral commissions in electoral law
• International standards in elections: is there a ‘best practice’?
• A case study in the limits of election law: lobbying and its regulation.

Regulation has become a permanent feature of the way in which contemporary democratic economies, including Australia, are governed. There are few spheres of economic activity that are not subject to some form of regulatory oversight and control. Daily news programs rarely pass without some mention of a significant regulatory decision, proposed regulatory reform or allegations of some regulatory failure or scandal. For lawyers, dealings with regulators and regulatory regimes have become part of the staple diet of their work. Yet the practice of regulation is far from straightforward. Regulatory policy and practice has evolved considerably from its traditional origins in the form of ‘command and control’, accompanied by the growth of specific terminology and concepts that are likely to be unfamiliar to those other than regulatory technocrats. This subject provides an opportunity for students to develop an understanding of, and critically to evaluate, the basic tools, techniques and decision-making methodologies that are employed in regulatory design and practice. It will be of interest to both private and public sector lawyers who practise in regulated sectors of the economy, enhancing their understanding of how regulators go about the business of regulatory decision-making.

Principal topics include:

• Introduction: What is ‘regulation’ and ‘governance’?; the regulatory agency: institutional features, strengths and shortcomings; the rise of the ‘regulatory state’; regulatory regimes and the role of non-state actors
• Tools, techniques and instruments of regulation: command—traditional legal prohibitions backed by sanctions; competition—market based approaches; communication—information disclosure and publicity-based approaches; consensus (including self-regulation); code architecture and the use of ‘nudge’ techniques
• ‘New governance’ approaches to regulation: choice of Instrument; ‘hybrid’ approaches to regulation; responsive regulation, ‘smart regulation’ and its variants (including meta-regulation); algorithmic regulation, cost-benefit analysis and regulatory impact assessment and ‘better regulation’
• Enforcement and compliance: problems with rules; principles-based regulation; the role of the criminal and civil law; punitive civil sanctions (the Macrory Review); regulatory enforcement styles; national styles of regulation; private enforcement, third party monitoring and certification systems and the role of technological instruments for monitoring and control.
• Appraising Regulation: regulatory accountability; regulatory legitimacy: between democracy and expertise.

Royal commissions and other forms of public inquiries are used by all governments. Inquiries such as the 2009 Victorian Bushfires Royal Commission and the Royal Commission into Institutional Responses to Child Sex Abuse are a frequent response by government to a major issue or event. Most Australian governments also have standing bodies with inquisitorial powers. The Federal Government has a variety of standing commissions, such as the Australian Crime Commission and the Australian Securities and Investments Commission (ASIC). Nearly every state now has a corruption commission, and several have crime commissions and police integrity bodies, all with coercive investigative powers. Coronial inquests occur in every state and territory. Lawyers advising clients affected by these inquiries require a detailed knowledge of their procedural rules, administrative and constitutional law, procedural fairness, common law privileges and other rights.

This subject is designed to equip students to deal with such inquiries at any level, whether in government departments, the private bars, working as solicitors or in corporate law offices, or as legal advisers to corporations.

Principal topics include:

• Introduction to public inquiries
• Appointment and composition
• Supply of information
• Power to compel
• Limits on the power to compel, including public interest immunity, privilege against self-incrimination and privileges of parliament
• Application of administrative law, including procedural fairness and judicial review
• The role of counsel assisting
• Legal representation and assistance
• Contempt
• Reopening of completed inquiries
• Reform.

In the first half of the 20th century most civil actions were for causes of action not much affected by statute: trespass, negligence, libel and slander, breach of contract and the various forms of equitable suit. Most criminal prosecutions were for offences created by statute but whose elements were treated as identified largely by judge-made law. There were great codifying acts; intellectual property acts, facultative acts, and regulatory statutes, but judge-made law was of central and dominating importance. The second half of the 20th century saw the statutory cause of action emerge to prominence, the enactment of laws permitting modification of privately-made agreements, the creation of new rights and obligations and novel forms of criminal offence. Statute became the central and dominating form of regulation of rights and obligations. The proper construction and application of statutes always has been, but now more than ever is, an essential legal skill. This subject seeks to develop and refine those skills.

Principal topics include:

• Construction—a text-based activity but involving more than a dictionary in one hand and the text in the other
• The importance of the constitutional framework and other basic assumptions
• The search for meaning and the metaphor of intention
• The place of Interpretation legislation, including rights Acts
• The canons of construction, their use and abuse ('canons to the right of them; canons to the left of them; on into the valley of death')
• Ambiguity and its resolution, including the use of extrinsic materials
• Inconsistencies, repeals, amendment, consolidation and retrospectivity
• The legislative misfire
• Special rules for special areas
• Rules and regulations—power to make, construction and use in construing the legislation
• Overarching theories and descriptions of the construction process.

Health, trade, intellectual property and investment laws and norms interact in multiple ways, both to the benefit of health and to its detriment. This subject explores both the harmonies and the tensions across these critical areas of policy and governance at legal, normative, operational and institutional levels. It draws out some of the major themes by examining a number of high-profile areas of controversy in detail, in particular the World Trade Organization and investment treaty challenges to Australia’s tobacco plain packaging laws; the tensions between intellectual property protection and access to affordable medicines, medical technologies and devices; the development of antimicrobial resistance and efforts to combat it; and contests over the negotiation of new trade and investment agreements, particularly their implications for governments’ regulatory space to protect and promote health.

This subject is taught by two leading global health law practitioners who bring both academic expertise and practical experience.

Principal topics include:

• Global health law and governance
• International trade, intellectual property and investment law and governance
• International trade and investment challenges to tobacco control
• Trade, intellectual property and investment law issues in pharmaceutical innovation and access to affordable medicines, medical technologies and devices
• Trade, intellectual property and investment law issues in the development of antimicrobial resistance and in efforts to combat it
• Trade and investment law issues in the regulation of alcohol and unhealthy food
• The protection of health in the negotiation and implementation of trade and investment agreements
• The role of evidence in health-trade-investment policy development and litigation
• The opportunities and challenges for achieving multi-sectoral health-trade-investment collaboration and understanding

Data relating to an individual’s physical and mental health and condition can reveal extremely sensitive information. Valuable health data also underpins improvements in health care and can be useful for other government and commercial purposes. How can the law protect the principle of medical confidentiality and enable the data flows necessary for a modern learning healthcare system, public health, and other public interest purposes?

Health privacy and data protection expert Mark Taylor considers the relevant law and governance in Australia and comparable jurisdictions. This subject will provide students with an advanced and specialised knowledge of health data governance, including relevant privacy and data protection law. It will invite critical consideration of relevant law benchmarked against the European Union General Data Protection Regulation and other international standards, such as the Recommendation of the Organisation for Economic Co-operation and Development (OECD) Council on Health Data Governance.

Principal topics include:

• Legal concepts of ‘personal health data’, ‘identifiability’, and ‘public interest’
• Transparency, informed consent, and respect for individual objection
• Confidentiality and third-party access, including family members, researcher, public health and government
• Feedback of incidental findings and the ‘right not to know’
• Oversight and approval mechanisms, with consideration of issues raised by increasing use of new techniques of machine learning and analysis of big data
• International and cross-border transfer

This subject will address a range of human rights in the health law area, including bioethical origins of contemporary views of health rights; Article 12 of the International Covenant on Economic, Social and Cultural Rights and the role of the Special Rapporteur; rights to engage in health tourism; rights to life and death; rights to health information; rights to civil remedy and compensation for malpractice; rights to coronial investigation of deaths; rights to complain about registered practitioners; and public health law rights.

Principal topics include:

• Bioethical and human rights to health
• Rights to health
• Rights to obtain health services overseas
• Rights to health information
• Rights to compensation for malpractice
• Rights to death
• Rights to death investigation
• Rights to complaint and notification.

This subject will examine patients’ expectations and legal rights when receiving health care, their avenues for complaint and compensation, and accountability mechanisms (including professional discipline) for protecting the public in the event of health, performance or conduct problems involving a health practitioner. The focus will be on patients and health practitioners in Australia and New Zealand.

Principal topics include:

• Patient safety
• Patients’ needs and rights following an adverse event
• Open disclosure
• Defensive medicine
• Health practitioner regulation (including the Australian Health Practitioner Regulatory Scheme)
• Health complaint systems in Australia and New Zealand.

Medical practitioners, policy-makers, the courts, patients and families are dealing with ongoing debates in medical ethics ranging from euthanasia, abortion, resource allocation and managing the risks of research, to issues thrown up at the cutting-edge of science where we can now edit the germline, or create new life via so-called 'synthetic biology'. While we have existing legal frameworks in place for some of these issues, enormous moral disagreements remain. How should we think about these issues?

This subject aims to provide a basic toolkit and skills to engage in deeper ethical reflection about the major debates in medical ethics and about advances in the biological and neurosciences. Professor Julian Savulescu is Director of the Centre for Practical Ethics, the Oxford Centre for Neuroethics and the Institute for Science and Ethics, University of Oxford. He is Editor of the Journal of Medical Ethics and is a recognised world leader in medical ethics. The goal of this subject is not to provide answers to these medical dilemmas, but to enable students to think more deeply for themselves about what their position is and to be able to justify that position to others. A variety of perspectives will be covered through the use of guest lecturers.

Principal topics include:

• The current revolution in bioethical reasoning and methods in bioethics
• Making good medical/moral judgments for self and others
• Basic ethical theories and concepts
• Abortion
• Euthanasia
• Regulation of research, including:
  • Gene editing
  • Stem cell research and cloning
  • Transgenesis and human-non-human chimeras
  • Synthetic biology
  • Sale of biological material and body parts
  • Regulation of doping in sport
  • Reproductive cloning
  • Human enhancement
  • Genetic selection
  • Coercion in reproduction
  • Neuroethics.

As we rapidly approach the 30th anniversary of the landmark Australian medical law decision Rogers v Whitaker in 2022, medical litigation remains a vibrant and challenging field, given the rapid pace of scientific and social developments that generate new challenges for the law. Many are at the core of personal importance - birth, reproduction and personal autonomy. The legal issues are wide-ranging, covering the existence of duties, what should be considered negligent, the challenges of legal causation and appropriate compensation- all against a background of insurance affordability, medical treatment innovations and dispute resolution process changes.

This subject examines the framework of medical litigation, current challenges and issues on the horizon. The subject coordinator Bill Madden is a lawyer specialising in medical litigation, a co-author of two health law texts and a regular writer and presenter on medical law topics.

Principal topics include:

• History and incidence of medical litigation
• The impact of recent legal and court-based reforms
• Duty, breach of duty and statutory defences / protections
• Consent, informed consent and treatment errors
• Factual and normative causation and loss of chance
• The changing framework of expert evidence
• Privacy and confidentiality issues
• Mandatory reporting impacts
• Coroners’ investigations and hearings.

This subject will analyse the relationship between psychiatry, psychology and law in contemporary Australia. It will address criteria and policy relating to involuntary status and the use of coercion in relation to those with mental illnesses and intellectual disabilities, focusing on the Mental Health Act 2014 (Vic) and the Disability Act 2006 (Vic); the role of the 2013 DSM-5; fitness to stand trial; mental impairment; sentencing of offenders with disabilities; expert evidence by mental health practitioners; mental harm litigation; the role of post-traumatic stress disorder (PTSD) in civil litigation; prediction of risk in criminal law; syndrome evidence in litigation; profiling evidence; and therapeutic jurisprudence.

Principal topics include:

• Involuntary status in contemporary Australia
• The role of the Chief Psychiatrist, the Mental Health Commissioner and the Mental Health Tribunal
• The role of DSM-5 and ICD-10
• Therapeutic jurisprudence
• Mental impairment
• Expert evidence by psychiatrists and psychologists
• Sentencing of offenders with mental illnesses, brain injuries and intellectual disabilities
• Fitness to stand trial under international criminal law
• Civil litigation and complaints against mental health practitioners
• Mental harm litigation
• PTSD in the law
• Prediction of risk evidence
• Syndrome evidence.

The private sector represents one of the most important and daunting challenges facing the human rights community. As the reach and influence of companies has grown – sometimes dwarfing the states in which they operate – their impact on human rights has become impossible to ignore. Human rights have become the currency of major brands, helping determine Citibank financing, Exxon-Mobil relations with communities and working conditions along Wal-Mart’s enormous supply chain. Shareholder activists, NGOs, social movements, the media and governments are demanding greater transparency and reporting on human rights. The United Nations (UN), the Organisation for Economic Co-operation and Development (OECD) and the multilateral banks have adopted human rights standards for companies, and a growing body of soft and hard law (domestic and international) is beginning to define the precise scope of corporate human rights obligations. This subject will explore the fast-growing field of business and human rights, highlighting the most critical legal and practical issues surrounding efforts to advance corporate responsibility and accountability.

Principal topics include:

• The history of the business and human rights movement
• The political and ideological challenge to applying human rights to business
• The legal framework and institutions for corporate human rights accountability
• The UN “Protect, Respect, Remedy” Framework and UN Guiding Principles
• The debate around a global treaty on business and human rights
• Multi-stakeholder initiatives and soft law human rights standards
• Key legal challenges: effective remedies, 'non-state actors', 'sphere of influence' and 'complicity'
• Litigating corporate human rights
• Non-judicial advocacy strategies
• Business and human rights case studies
• Business and human rights in the digital economy
• Climate change, business and human rights
• The business management perspective on human rights and implementation challenges.

Since 11 September 2001, there has been a global trend towards enacting new laws and adopting new measures against terrorism, reflected in developments on the national, regional and international levels. Many such counter-terrorism laws and measures have raised questions about the nature of human rights law, and the extent of its adaptability in face of security imperatives. Others have revealed clear human rights violations and exposed the fragility of respect for the rule of law. Responses by the courts and international mechanisms have had a role to play in redressing this reality in various ways, but they too have met challenges. This subject addresses the international law framework within which responses to terrorism, and to counter-terrorism, unfold. It considers human rights law in the context of other relevant areas of international law and practice, such as humanitarian law and the law on peace and security. It examines legal questions not in abstract but by reference to examples from practice, and in light of the many real-life challenges to giving effect to the law in the security context today. It provides a stock-taking review and questions the human rights implications of global counter-terrorism practice.

Principal topics include:

• What is ‘terrorism’ and how does it fit within the framework of international law?
• Do terrorists violate human rights, and can they be held accountable?
• Which human rights are affected by counter-terrorism measures by states and how they are affected in practice?
• Is the prohibition against torture absolute, and what have been the challenges in practice since 9/11?
• How has the criminal law adjusted, and expanded, in recent years and what are the implications?
• Have restrictions on freedom of expression, association and assembly been legitimate?
• How has terrorist listing and sanctions against individuals and entities developed and what human rights issues arise?
• What implications are there for refugee and immigration law in the era of terrorism?
• What is the phenomenon of ‘foreign terrorist fighters’ and legal responses to it?
• How has the right to privacy been eroded in the name of countering terrorism, and when is surveillance lawful?
• What are strategic approaches to preventing and combating terrorism, and what are the long –term implications of trends in counter-terrorism practice to date?

This subject examines current human rights issues in Asia, with particular attention to East and Southeast Asia. Human rights is a deeply contested concept, particularly in the countries of East and Southeast Asia where there is ongoing debate over which rights are to be recognised and the ways in which these rights might be given effect.

In this subject we will investigate the way human rights issues are named, framed, and contested within – and sometimes across – Asian states. We will examine domestic institutions, rules, policies and practices concerning human rights, and investigate how rights claimants and their advocates (including lawyers and civil society groups) seek to challenge and broaden the state understandings of human rights, which often give priority to security and development. All subject materials will be in English and no knowledge of an Asian language is required, but of course students are encouraged to use non-English research materials as appropriate.

Principal topics for class discussion will include:

• The ongoing debates about the meaning and scope of human rights
• Domestic institutions for the promotion and protection of rights
• Mobilisation for human rights: the role of civil society and the legal profession
• Struggles over socio-economic rights
• Environmental rights claims in developing states
• Gender and sexuality rights
• Expressive rights and control of the media
• The contested meanings of freedom of belief

Student research papers may investigate additional or different topics.

The field of international human rights law is today composed of a multitude of legal instruments, implementation bodies, special procedures, human rights NGOs and transitional justice mechanisms. This subject provides the opportunity to examine this field in many of its dimensions, equipping students to navigate the system and critically assess its fundamental features. It will be of interest to all students who want to develop a detailed understanding of how the international human rights law system operates, including those with limited or no background in the area. The two lecturers have significant experience across a diverse range of topics and issues within international human rights law, which they draw upon to create an engaging and thought-provoking subject.

Principal topics include:

• Human rights and the challenges posed by state sovereignty and national security
• The contested universality of human rights
• The international institutional framework for the protection of human rights, with a special focus on the Human Rights Council and treaty monitoring system
• The interpretation and application of selected rights from the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
• Domestic measures for the implementation of human rights, such as judicial implementation of economic, social and cultural rights
• The norm of non-discrimination as it relates to race, gender, sexual orientation and gender identity
• The contribution of truth and reconciliation commissions to the protection of human rights
• Human rights law relating to refugees and asylum-seekers
• The challenges posed by economic globalisation.

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Issues concerning children, whether they arise at the international, regional or local level, are increasingly being examined from a human rights perspective. Much of the momentum for this movement has been generated by the United Nations Convention on the Rights of the Child (CRC), which was adopted by the UN General Assembly in 1989, and has been ratified by every state in the world except the United States and South Sudan. This subject is designed to provide students with an understanding of the CRC and the idea of a human rights-based approach to matters involving children. It will be of interest to anyone who works in areas that impact on children, either directly or indirectly, at the international, regional or local level. The lecturer has extensive networks with civil society, international bodies and government agencies that he draws on to provide an appropriate blend of academic and practical content.

The subject consists of two parts. Part one involves a general discussion of:

• The notion of children’s rights
• The international framework for the protection of children’s rights, with particular emphasis on the United Nations Convention on the Rights of the Child
• The factors that impact on the implementation of the Convention, both in Australia and overseas.

Part two involves an examination of specific issues relevant to children and how the Convention and a rights-based analysis can be used to respond to these issues. The issues will be drawn from areas such as:

• Sexual exploitation, including trafficking, prostitution and pornography
• Child labour
• Juvenile justice
• Child refugees
• Violence against children
• Children in armed conflict
• HIV/AIDS and children
• Child poverty and homelessness.

This subject explores and examines the international legal regime for the protection of refugees. The essential premise of the subject is that refugee law should be understood as a mode of human rights protection, the viability of which requires striking a balance between the needs of the victims of human rights abuse and the legitimate aspirations of the countries to which they flee. The primary objective of the subject is to enable students to develop a comprehensive understanding of the international legal regime for international protection – the basis for being granted protection in 147 countries, including Australia. The subject will situate Australian refugee law and policy within the context of Australia’s international obligations.

Principal topics include:

• History of the international system of refugee protection
• Legal and institutional framework of international legal protection
• The implementation of the Refugee Convention in Australian law
• Refugee status determination: domestic and international dimensions
• Responsibility sharing and shifting
• Principles of treaty interpretation applied to refugee law
• The definition of ‘refugee’ in international law
• Exclusion from refugee protection.

In 2000 the United Nations (UN) Security Council for the first time considered the impact of war on women through the adoption of Resolution 1325 on Women, Peace and Security (WPS). This has been followed by eight further resolutions, thereby creating an institutional agenda that encompasses women's participation in conflict prevention and resolution, protection of women from sexual and gender-based violence in conflict, and humanitarian relief and recovery for survivors of sexual violence. This subject will critically examine the WPS agenda, its place in contemporary conflicts and its basis in international humanitarian law, international criminal law and human rights law.

The lecturer, Professor Christine Chinkin, has a long academic record in public international law, especially the human rights of women. She is currently a Professorial Research Fellow at the Centre for Women, Peace and Security at the London School of Economics and Political Science and has practical experience through advising UN and Council of Europe bodies and a House of Lords select committee on sexual violence in conflict, as well as having been a member of fact-finding missions in Gaza, Malawi, Mali and Colombia.

Principal topics include:

• The concepts of new wars and human security
• The evolution of the women, peace and security agenda
• The status of women, peace and security as a legal regime
• Women and war
• The four 'pillars’ of women, peace and security
• Participation of women in peace processes and peacekeeping operations
• Prevention of sexual and gender-based violence in conflict and in so-called peacetime
• Prevention of armed conflict
• Protection against sexual violence in conflict
• Post-conflict reconstruction
• Women, peace and security and countering violent extremism
• Implementation of WPS through national action plans
• Addressing sexual exploitation and abuse by peacekeepers.

The subject explores this Australian intellectual property regime in predominantly black-letter terms. It asks students to consider the doctrinal issues implicated by the various aspects of copyright law: subsistence, ownership, infringement, exceptions to infringement and remedies. Also integrated with the curriculum are moral and performers' rights, and the treatment of internet service provider liability as an intermediary between copyright owner and infringer. The subject is structured within an international framework, explaining the importance of treaty norms and with selective use of comparative law.

Principal topics include:

• The evolution and theory of the national and international copyright system
• The material protected by copyright
• The duration of protection
• The rights granted by copyright
• Infringement of copyright, including defences and available remedies
• Ownership, licensing and assignment of copyright
• Moral rights and their infringement
• Copyright law in international perspective.

Design plays a critical role in the production and marketing of goods. Adequate protection of designs is important in order to encourage the creation of innovative products and thus enhance the Australian and New Zealand economies. This subject is primarily concerned with the laws in both countries. It will focus first on the registered regimes for protecting designs under the Designs Act 2003 (Cth) and parts of the Designs Act 1906 (Cth), as well as the protection of designs as original artistic works under the Copyright Act 1968 (Cth). It will then deal with the differences of law and practice that arise under the Designs Act 1953 (NZ) and the Copyright Act 1994 (NZ).

This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group I’.

Principal topics include:

• Registrable designs: definition of design and registrability requirements
• Application and registration procedures and Designs Office practice
• Duration of registration and removal procedures
• Registration, examination, certification and infringement
• Defences to, and remedies for, infringement
• Validity and infringement of designs registered under the Designs Act 1906 (Cth)
• Ownership, transfer and exploitation of design rights
• Rectification and correction of the Register
• Artistic works protected by copyright and the designs/copyright overlap
• Relationship of designs protection to innovation patents under the Patents Act 1990
• The treatment of registered designs under New Zealand law and the availability of copyright protection for designs under New Zealand law
• International conventions and the protection of designs.

Fundamentals of Intellectual Property provides a good introduction to intellectual property (IP) for students wishing to pursue more specialised graduate studies in this area. It also provides a general overview of IP law for students who are seeking this as part of an overall commercial and trade law program.

The objective of this subject is to provide an introduction to, and general overview of, the various Australian and New Zealand legal regimes protecting IP. IP laws, including those with respect to patents, designs and copyright, are directed at the encouragement and protection of innovations in science, technology and cultural products. They also operate, through the laws of trade marks and unfair competition, to provide protection for the later stages of development at which these innovations are disseminated and marketed. There is a potential for conflict between these laws and competition laws, and this interface will be discussed, together with an introduction to the international framework of treaties under which the owners of IP rights (IPRs) from one country can seek protection in another.

Completion of the first day of this subject (Overview of Intellectual Property one day seminar) meets the requirements of the Trans-Tasman IP Attorneys Board (TTIPAB) for ‘Topic Group A2’.

Note: If you enrol in Fundamentals of Intellectual Property (LAWS90125), you do not need to enrol in Overview of Intellectual Property.

Principal topics include:

• Introduction to the concept of and rationales for IPRs
• Models used for the protection of IP (the patent model, the copyright model and variations of both)
• Patents for invention, including:
  • Registration process
  • Subject matter
  • Conditions for protection
  • Exclusive rights and infringement
  • Defences
  • Innovation patents
• Protection of confidential information and trade secrets under general law
• Registered designs
• Copyright and allied rights, including:
  • Subject matter protected - works and other subject matter
  • Conditions for protection
  • Duration
  • Exclusive rights
  • Exceptions
  • Licensing and exploitation
• Trade marks and unfair competition
  • Protection for unregistered marks and other indicia through common law and equity
  • Protection for registered marks
• Sui generis regimes of protection: geographic indications, plant breeder's rights, circuit layouts and other systems of protection
• International treaty framework for IPRs
• IPRs and competition law.

This subject teaches students the fundamental principles and basic skills of drafting patent specifications. It does so through a combination of in-class instruction sessions on a range of topics, in-class drafting exercises with review sessions, and out-of-class drafting exercises with tutorial review sessions. Students are assessed by two practical assessment tasks, undertaken individually outside the classroom. Passing the subject will satisfy the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for Topic Group G: Drafting patent specifications. The lecturers for this subject include a number of practising patent attorneys with substantial experience teaching drafting skills.

Principal topics include:

• History and nature of specifications and claims
• Approaches to claim drafting
• Interpreting claims
• Drafting basic claims
• Drafting product claims with reference to prior art
• Drafting process and method claims
• Preparing a description
• Consequences of drafting.

Intellectual property (IP) occupies a central, if actively contested, place in international trade relations. The world's two largest trading nations, China and the United States, are seemingly at loggerheads over how effectively IP should be protected. Australia recently defended its tobacco plain packaging measures against complaints from four developing nations over how to reconcile IP protection with the pursuit of the wider policy goal of public health. Disputes over IP now seem inevitable, as the interests lying behind this once recondite, technical area come to the fore in assessments of national economic and policy interests. But will these disputes be managed within the framework of the rule of law, or does economic and political power ultimately prevail? This is not a new question. From the mid 1980s, a growing perception that inadequate or unbalanced IP protection was undercutting the economic interests of major economies made disputation about IP inevitable. The resulting tensions were a critical factor behind the inclusion of IP standards in the World Trade Organization (WTO) system of multilateral trade law, in the form of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Rather than resolving disputes over IP protection through bilateral wrangling and unilateral pressure, the rule of law would be applied in a predictable, transparent and equitable way through the multilateral dispute settlement mechanism maintained by the WTO, building on the major conventions separately administered by the World Intellectual Property Organization (WIPO).

Yet TRIPS was followed by a sharp rise in the conclusion of bilateral and regional trade and investment agreements that establish alternative or complementary sets of standards on IP and mechanisms to resolve IP disputes. The result is an intricate array of overlapping substantive standards and parallel forums for dispute settlement. And the very notion of settling disputes with reference to a stable and agreed body of law faces a direct challenge. This subject enables the student to navigate this complex legal landscape and to deal with its consequences from the point of view of dispute settlement practice, from the perspective of legal principle and public policy impact, and in terms of international governance and the management of trade and political relations. This will cover key international cases, strategies for treaty interpretation and approaches to reconciling IP protection with other policy imperatives and with other legal and regulatory systems.

The lecturer offers insights from extensive experience as a senior official in both the WTO and WIPO, as an Australian official engaged in litigation and negotiation, as practitioner of IP law, and as a legal and policy analyst and scholar.

Principal topics include:

• A practical anatomy of international intellectual property conventions, standards and institutions, from the creation of the major multilateral systems within WIPO and the WTO, to the current trend towards bilateral and regional deals
• The political economy of international intellectual property: the economic, political and technological factors driving disputation over IP and the creation of competing dispute settlement mechanisms, and the contemporary challenges for the continuing rule of law as the basis for containing and resolving disputes
• The core principles of international IP law: IP principles and the idea of 'balance', the preservation of 'space’ for domestic law and policy, the integration of trade law and public policy principles into international IP law, and integrating human rights perspective into readings of IP conventions.
• The distinctive features of international IP dispute settlement: cause of action, sources of law, remedies and challenges for treaty interpretation
• Dispute settlement practice and emerging TRIPS Agreement jurisprudence under the WTO: a survey of TRIPS disputes and the use of TRIPS in cross retaliation, and a close analysis of landmark disputes, including the recent tobacco plain packaging cases
• The evolving architecture of bilateral and regional trade and investment agreements covering IP: the practical implications for treaty interpretation, for the initiation, management and settlement of IP disputes in multiple fora, and for domestic law and policy
• Compliance and monitoring of compliance: the institutional mechanisms, and the sources of information for practitioners and government officials, for legal and policy analysts and for scholars.

Over the past two decades, the protection of intellectual property rights (IPRs) globally has become a major issue both for right holders and users, and one that has had profound implications in a number of important areas of public discourse, such as international trade, public health, education and research, national development and the promotion of biodiversity. This subject seeks to engage with all these issues, and begins with a discussion of the sources of international intellectual property (IP) law, including the principal IP treaties and the general architecture of the international IP system. It then considers a number of case studies where particular IP issues arise and where international solutions are presently being negotiated. It will also examine the growing tension between the territoriality of IPRs and the global scope of IP exploitation, considering how this clash plays out in the key area of private international law. Both lecturers have had extensive experience in international intellectual property matters, and bring to the subject both academic and practical perspectives that add greatly to its interest and relevance.

This subject consists of a survey of the economic, legal and political elements and forces that shape the international IP system.

Principal topics include:

• Introduction to the international IP system, including the main producers and owners of IP, the institutional architecture and the treaty system, including those administered by the World Intellectual Property Organization and the World Trade Organization (notably the Agreement on Trade-Related Aspects of Intellectual Property Rights), and the emergence of bilateral and regional trade and investment protection treaties that have an impact on the protection of IP rights
• Instruments and strategies for obtaining protection internationally—the Patent Cooperation Treaty, Madrid System, Hague System and regional systems
• Human rights, IP and the development agenda
• IPRs and public health
• IPRs and food security
• Biotechnology, access to genetic resources and traditional knowledge
• Access to knowledge
• The protection of names, marks and other identifiers and content, with particular reference to the internet
• Dispute settlement and private international law issues.

Reading and interpreting patent specifications is a central part of a patent attorney's daily practice. It is also a critical feature of any patent litigation where both sides will be competing for alternative interpretations that favour their client. This subject is intended to hone these skills of analysis and interpretation, working on the basic legal principles that students seeking Trans-Tasman IP Attorneys Board (TTIPAB)accreditation have already obtained through their study of patent law and patent practice. It is taught by experienced attorneys and litigators, and meets the TTIPAB requirements for 'Topic Group H'.

This subject will be conducted with a number of case studies carried out by a team of practitioners to develop skills in the application of the rules of interpretation to patent specifications and in the application of Australian and New Zealand patent laws.

Principal topics include:

• The validity of Australian and New Zealand patents and patent applications under the provisions of Australian and New Zealand laws concerned with support, sufficiency of description and utility
• The validity of Australian and New Zealand patents and patent applications in the light of prior art information supplied, including through prior published specifications and prior user
• The scope for making amendments to patent applications
• The infringement of Australian and New Zealand patents by a competitor's product or process.

Technology transfer is a term used to describe the process by which skills, knowledge and intellectual property rights are moved from one person or organisation to another. Governments and businesses around the world now recognise the fundamental importance of innovation and the commercialisation of new technologies to economic prosperity. Here, technology transfer and in particular intellectual property licensing have a vital role. This subject looks at the legal and commercial issues relevant to technology transfer, with a focus on intellectual property licensing and the negotiation of licence agreements. The subject also includes the licensing of trade marks and software.

The subject lecturers have worked in the field of technology transfer for many years and bring practical perspectives to the topics covered.

Principal topics include:

• Licensing of:
  • Patents and know-how
  • Trade marks, including franchise agreements
  • Copyright, including computer software
• Impact of competition laws
• Payments and taxes
• Contractual and commercial issues
• Negotiation of licence agreements.

For at least 400 years, patent law has been the primary regulatory mechanism for optimising innovation. With more than two million patent applications filed annually around the world, the patent system is both highly complex and of great economic importance. This subject provides the foundational knowledge necessary for a professional understanding of patent law and the patent system. It does so through a combination of instructional sessions and hands-on workshop sessions. These provide students with a detailed understanding of the principles of patent law, with a particular focus on the requirements for the grant of a valid patent, and for infringement of a patent, under Australian and New Zealand law. In the workshop sessions, students apply the principles of patent validity and patent infringement to actual prior art, patent claims and infringing embodiments. The focus of teaching will be on Australian law, with the differences between this and New Zealand law identified and explored throughout the delivery of the subject. Successful completion of this subject satisfies the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for ‘Topic Group E’.

Principal topics include:

• Rationales for and alternatives to patents
• Trade secrets protection (breach of confidence)
• Patentable subject matter
• Requirements for patentability – novelty, inventive step and utility
• Specification requirements – clarity, support, disclosure and best method
• Fraud, false suggestion and misrepresentation
• Infringement, defences and remedies
• Inventorship, entitlement and ownership
• Duration and commercialisation of patent rights
• Future of the patent system.

This subject follows on from Patent Law (which is a prerequisite) and provides students with the basic knowledge and skills required for the filing, prosecution and maintenance of an application for protection under the Australian and New Zealand patents legislation, for both local and international inventions. The lecturers are a team of experienced patent attorneys and patent lawyers. The subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for 'Topic Group F’.

Principal topics include:

• Australian patent legislation and practice
  • Patents Act 1990; Patents Regulations 1991
  • Kinds of patent application: provisional, complete, standard, divisional, patent of addition, PCT national phase, convention, and innovation
  • Patent application filing and prosecution: searching, filing, examination, opposition, grounds, practice and procedures, grant and re-examination
  • Amendment of patent specifications and other documents: allowable amendments, clerical errors and obvious mistakes
  • Duration of patent protection: continuation and renewal fee requirements, lapsing and cessation, restoration of rights and extensions of term for pharmaceutical patents
  • The Register of Patents: recordal of assignments, licences, mortgages and changes of name and amendments to the Register
• New Zealand patent legislation and practice
  • Patent Act 1953 and Patent Act 2013; Patent Regulation 1954 and Patent Regulation 2014
  • Key practice differences from Australia including transitional provisions between 1953 and 2013 Acts, patentability exclusions, divisional practice, examination deadlines, double patenting, poisonous priority, self-collision, and prosecution strategy
  • Patent practice: kinds of patent application, filing, examination, opposition, grounds, practice and procedures, grant and re-examination, amendment of patent specifications, continuation and renewal fee requirements, restoration of rights, recordal of assignments, licences, mortgages, and changes of name
• International conventions and agreements
• Patentability overseas
• Basic considerations of United States and European patent law
• Applications under the Patent Cooperation Treaty, filing applications, international phase and entry of national and regional phase
• Circuit layouts legislation (Circuit Layouts Act 1989 (Cth))
• Plant breeder's rights legislation (Plant Breeder's Rights Act 1994 (Cth))

This subject builds on the material covered in the Trade Marks and Unfair Competition subject. Trade Mark Practice focusses on the procedures and practices of the Australian Trade Marks Office in obtaining and maintaining registered trademarks, and with the relevant aspects of New Zealand trade mark procedures and practice where these are different from those in Australia. This subject is thus particularly valuable for students wishing to prosecute trade mark applications through those offices. The rights, privileges and responsibilities of a patent attorney and a trade marks attorney are also covered in the wider context of attorneys’ professional conduct. The lecturers in the subject have extensive experience in the obtaining of trade mark registrations and the subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group B’ and ‘Topic Group D’.

The emphasis of this subject is on the documentation, procedures and practice of the Australian Trade Marks Office and the relevant aspects of New Zealand trade marks procedure and practice.

Principal topics include:

• The respective national offices, registers and official journals
• Determining the availability of a trade mark for use and registration, searching the Trade Marks Office database and other search options
• Applications for registration, including Madrid Protocol, Convention, divisional and series applications
• Examination and acceptance of applications
• Opposition to registration
• Initiating and opposing applications to remove a trade mark for non-use
• Amendment of applications and other documents; revocation post-registration
• Obtaining registration and renewal of registration
• Obtaining extensions of time
• New Zealand trade mark practice (relevant issues)
• Exploitation, including assignments and registration of security interests
• Parallel importations and Customs seizure
• International conventions and initiatives, and protecting trade marks in foreign countries
• The rights, privileges and professional responsibilities of a patent or trade mark attorney.

This subject is concerned with the laws in Australia and New Zealand that protect trade marks. Trade marks play a pivotal role in the marketing of goods and services, and generally are one of a trader‘s most valuable assets. The protection of trade marks is thus of critical importance to all traders but is also important to consumers, who rely on the information conveyed by trade marks. This subject concentrates on the trade mark protection regime provided by the Trade Marks Act 1995 (Cth), and involves a detailed study of the provisions of this Act and related case law, together with relevant aspects of the corresponding New Zealand laws and cases. The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth), and corresponding New Zealand statutory provisions, proscribing misleading and deceptive conduct are also covered.

This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group C’.

Principal topics include:

• The function of trade marks
• Registration of trade marks under Australian and New Zealand laws
• Infringement, defences and remedies
• Licensing and assignment, and other exploitation of trade marks
• Removal and cancellation of registration
• Management and maintenance of trade marks
• The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth) proscribing misleading and deceptive conduct and the corresponding provisions under New Zealand law
• Other protections for name and insignia, including the domain name system.

International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets.

This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.

Joshua P Meltzer is a Senior Fellow at the Brookings Institution in Washington DC and adjunct professor at the Johns Hopkins School for Advanced International Studies where he teaches international trade law. He is a leading scholar on digital trade issues, consults governments, the World Bank and the World Economic Forum and was appointed an expert witness in digital trade and privacy litigation.

Principal topics include:

• Overview of the globalisation of the internet including global trends in internet access and use
• The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
• What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
• What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
• Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.

The International Monetary Fund (IMF) and the World Bank are arguably the two least understood and most controversial international organisations. Both are key components of the international financial system. They also play a vital role in national economies (as seen for example in the IMF's involvement in the Euro-zone rescue and its analytical work on the historic rise in sovereign debt) and international development. This subject will focus on the IMF and World Bank while also providing students with a sophisticated understanding of the broader international financial system and its problems. It is taught by Katharine Christopherson, Assistant General Counsel in the IMF Legal Department, and Danielle Malek Roosa, Senior Counsel at the World Bank. The subject provides a valuable insider's perspective on the 'Bretton Woods' institutions.

Principal topics include:

• Key institutions of the global financial order, namely the IMF and the World Bank, including their history, powers, policies, practices and political and economic rationale
• The role of these institutions within the globalisation debate
• The linkages between these institutions and other institutions, including the World Trade Organization (WTO)
• The IMF, including its Articles of Agreement, IMF surveillance and conditionality
• The role of the IMF in the prevention and resolution of financial crises
• The institutions of the World Bank Group, their Articles of Agreement and their respective roles in promoting development
• The operational cycle of the World Bank, its financing instruments and policies
• The role of human rights and other ‘political issues’ in the work of the World Bank
• Current challenges to the IMF and the World Bank, and proposals for their reform.

This subject is a basic 'how-to' on international business transactions and is essential for those wishing to practise international trade law. The subject intentionally covers a vast array of related topics, with the focus being on the legal issues faced by practising lawyers in the field. Particular emphasis is placed on issues such as trade terms, international sales of goods, documentary credits, carriage of goods, customs and border regulations. This subject also considers several issues relating to international trade, such as intellectual property rights, licensing, franchising and governmental measures regulating investment. Such coverage ensures students are exposed to the most important and frequent issues facing the practising trade lawyer.

Principal topics may include:

• Basic trade contracts and common trade terms
• Choice of law and choice of jurisdiction in international trade contracts
• The Vienna Convention on International Sale of Goods
• Payment systems, including documentary credits and collections
• Customs law, including classification and valuation of the goods
• Import and export restraints
• Regulatory issues and red tape
• Franchising
• Intellectual property rights, including parallel importation of goods
• Foreign direct investment.

International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries.

Principal topics include:

• The nature of international arbitration
• Applicable law in international arbitration
• The Australian procedural regime and an introduction to the UNCITRAL Model Law
• Enforcing international arbitration agreements
• Appointment and qualifications of arbitrators
• Misconduct of arbitrators
• Privacy and confidentiality
• Enforcement and challenge of awards.

Newspaper headlines frequently concern global economic issues, from trade disputes between countries and investment claims by foreign investors against sovereign states, to countries facing balance-of-payments crises and seeking assistance from the International Monetary Fund (IMF). This subject examines the law governing global economic issues. It is designed both as a comprehensive introduction in its own right to this important field, as well as a foundation for further exploration through specialist subjects in the curriculum. It begins with a historical and theoretical background to the field before turning to focus on international trade law, particularly the rules and dispute settlement procedures of the World Trade Organization (WTO). It then discusses contemporary developments in international trade law and policy, including the negotiations for regional or bilateral preferential trade agreements. The subject then considers international investment law, examining key substantive obligations relating to investor protection and investor-state dispute settlement mechanisms (particularly through the International Centre for Settlement of Investment Disputes (ICSID)). Finally, the subject provides an introduction to the lending policies and practices of international financial institutions, particularly the IMF and the World Bank.

Principal topics include:

• Nature, evolution and context of international economic law
• The law of the WTO
• Dispute settlement in the WTO
• International investment law
• Investor-state arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention
• International financial institutions (particularly the IMF and the World Bank).

International investment law regulates the entry and operation of foreign investment and is one of the fastest-growing fields of public international law. This subject begins by tracing the historical, political and economic causes for the protection of foreign investment across custom, bilateral and regional investment treaties. It then focuses on the unique system of dispute resolution in this field, which gives private (foreign) actors the right to pursue claims for damages against states. This subject explores a series of case studies to evaluate the impact of investment law across a range of core values, including public health, environmental regulation and the protection of human rights.

Principal topics include:

• Nature, evolution and context of international investment law
• Overview of bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty and parts of the World Trade Organization (WTO)
• Scope of protection: definition of ‘investor’ and ‘investment‘
• Relative obligations of non-discrimination: most-favored-nation (MFN) and national treatment
• Obligation to accord foreign investors ‘fair and equitable treatment‘
• Expropriation and the quantification of compensation
• Contract claims versus treaty claims: the ‘umbrella’ clause
• Arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention.

International trade is of great importance to almost every country in the world. Many legal relationships are necessary for goods to be traded from one country to another, and they are all predictably flavoured by the issues that arise when different legal systems interact. This subject considers the private commercial legal issues that arise when goods are traded from one country to another, framework contracts such as agency and exclusive distribution, as well as public international law issues that arise when governments try to influence the subject of international trade. The goal of the subject is to give some sense of how the private commercial aspects of trade create issues for government-to-government relationships about trade, and vice versa.

Principal topics include:

• The contracts by which trade in goods takes place: sale, transport, payments and insurance
• Marketing and licensing structures: distributors, agency, franchising, licensing and transfer of technology
• The impact upon trade of international institutions and agreements: the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO)
• Impediments to, and regulation of, international trade: anti-dumping, duties and antitrust
• Conflict of laws issues in international trade
• Resolution of disputes in international trade litigation, arbitration, alternative dispute resolution and the recognition of foreign judgments and awards.

This highly topical subject analyses the rights of Indigenous peoples in Australia, Canada, the United States and New Zealand. Topics discussed include Aboriginal title and the doctrine of discovery, treaties, land and resource rights, self-determination, and Indigenous families and justice. The subject will be taught from a critical perspective, comparing and assessing the treatment of Indigenous rights in the four jurisdictions. In exploring these issues, the subject will also examine aspects of legal pluralism, and assess a variety of normative and political justifications for Indigenous rights.

Principal topics include:

• History of the concept of Aboriginal title and the doctrine of discovery
• Concepts of sui generis agreement-making between Indigenous peoples and governments
• Implications of distinctions between government obligations and Indigenous rights
• Overview of current practice
• Law applicable to Indigenous entities
• Legal framework for Indigenous governance
• Human rights and their influence on Indigenous rights
• Remedies.

This subject focuses on a set of diverse criminal law responses to atrocity, which form a field called international criminal law or international criminal justice. The suibject is divided into three principal parts, all of which should inform one another.

Initially, we will discuss the identity, history of theory of international criminal justice, providing a series of perspectives on the discipline, its past and aspirations for its future. We will then explore some of the core doctrinal concepts that make up the field. These include the scope of the various crimes said to constitute the field, including genocide, crimes against humanity, war crimes and aggression, as well as other concepts that shape the reach of the field. To end, we will explore the various institutions, national and international, that are capable of undertaking prosecutions of these sorts.

By drawing on these three areas, the lecturer aims to encourage symbiosis between theory and practice, a dialogue between critique of the field and its potential, and an insight into the many moving parts that make up a major political development in our lifetimes.

The implementation of the legal rules governing the conduct of military hostilities is literally a matter of life and death. This subject combines current international practice in the relevant law with acknowledged research and practical expertise. This subject briefly introduces the historical development of international humanitarian law and raises a series of questions around the effective implementation of the law.

• What is an armed conflict and how do we determine the legal character of a conflict?
• How do combatants distinguish between civilians and enemy combatants and how can protection for civilians in armed conflict—particularly women and children—be improved?
• Who can lawfully be targeted and killed and who can be detained?
• Which weapons are prohibited and which are permitted?

Principal topics include:

• The historical development of international humanitarian law and its rationale in a broader context
• The Geneva Conventions of 1949 and the Additional Protocols of 1977 and developments in customary international law
• The unique role of the International Committee of the Red Cross (ICRC) in armed conflict
• The relationship of international humanitarian law to other related areas of international law, such as arms control and disarmament, human rights, peacekeeping and international criminal law
• Implementation of the law through case studies
• Current issues for development of the law, such as emerging technologies, child soldiers, the protection of women in armed conflict and the law of occupation and terrorism.

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed as an introduction to international law and, therefore, provides students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of issues such as dispute settlement, self-determination, decolonisation, diplomacy, international criminal law and human rights law. Contemporary examples will be used to enrich student learning. Students will be encouraged to critically evaluate the position and relevance of international law in international politics and society by addressing past and current developments through case studies. The members of the teaching team are scholars in international law who have developed specific areas of specialisation in international law.

Principal topics include:

• The nature, purpose and language of international law
• Sources of international law
• International legal personality
• Jurisdiction of states and jurisdictional immunities
• The responsibility of states and individuals for violations of international law
• The role of the UN and regional organisations
• Peaceful settlement of disputes and the functions of the International Court of Justice
• Regulation of the use of force in international relations
• The relationship between international law and municipal law.

This subject will place international law in the context of the practice of international relations and, in particular, international diplomacy. The subject will introduce students to leading accounts of international law’s role in global political life while showing, too, how the international legal order intersects with and constitutes the practice of international diplomacy. It will be taught by Gerry Simpson, Chair of International Law at the London School of Economics, and Robyn Eckersley, Professor at the University of Melbourne's School of Social and Political Sciences.

Principal topics include:

• Treaty design, negotiation and implementation
• Use of international courts and organisations
• Politics and international law
• The history of international law in diplomatic practice
• Techniques of diplomacy and law
• Problems of diplomacy and law.

The question of the use of force is one of the most controversial both in international law and international relations. Different states, civil society and international lawyers have held over time (wildly) diverse opinions about the legality and the legitimacy of events such as the bombing of Syria by the US/UK/France in early 2018, Russia's annexation of Crimea in 2014, the exercise of the international community's 'responsibility to protect’ in Libya in 2011 and the 2003 invasion of Iraq, as well as debates over the possibility of a 'pre-emptive strike’ against North Korea or Iran. This subject provides a doctrinal, theoretical, and historical account of the relationship between international law and war that is centered on a wide range of case studies. On the one hand, we will focus on major contemporary debates about the regime established since 1945 and the promulgation of the UN Charter. Namely, we will examine the specific arguments states and international organisations (such as the UN, NATO or the African Union) have used in order to justify their resort to violence and the way other states, international organisations, courts or other groups (especially those at the receiving end of this violence) have responded to these arguments. For example, this subject is structured around questions such as the legality of 'humanitarian intervention’, the possibility of lawfully launching 'preemptive strikes’ against a perceived threat, the question of whether a state can invoke its right to self-defence against non-state actors, the use of nuclear weapons, targeted killing and the authority of the UN Security Council to authorise violence. On the other hand, this subject invites students to think contextually, historically and critically about these legal debates. We will discuss both earlier legal regimes pertaining to war (for example, that of the League of Nations) as well as arguments about the radical transformation of the relevant law since 9/11. We will also ask broader questions about the ways in which legitimate violence is allocated between different actors by international law and how this allocation shapes international and domestic politics.

Principal topics will include:

• Historical approaches to the legal regulation of the use of force
• The concept of 'force’ and exclusion from legal regulation of economic or political coercion
• Scope of the general prohibition on the use of military force in Article 2(4) of the UN Charter
• UN Charter framework for collective security and resort to force
• Scope of the right of self-defence, including anticipatory or collective self-defence
• Right to rescue nationals in foreign territory and right of humanitarian intervention
• International crime of aggression
• Legal analysis of the so-called 'War on Terror'
• Case studies on legitimacy of NATO bombing in Kosovo, Coalition of the Willing intervention in Iraq and the Georgia-Russia conflict
• The relationship between the jus ad bellum and the jus in bello.

This subject deals with the body of law and practice that applies to states as they emerge from conflict and try to build strong, prosperous and responsive communities. It lies at the intersection of several bodies of law including international law, international humanitarian law, international human rights law and domestic constitutional law. Many of the issues with which it deals are at the cutting-edge of these fields: the extra-territorial effect of constitutional law; the possibility of a ‘lex pacificatoria’ to govern the ambiguous character of intra-state peace agreements; the legitimacy of constitutions developed with international assistance; the notion of transformative military occupation. The two teachers in this highly innovative subject bring different bodies of expertise to bear on it. Professor Bruce Oswald is an international and international humanitarian law specialist; Laureate Professor Cheryl Saunders works in the area of comparative constitutional law. Both have practical experience of aspects of post-conflict state-building, which informs their approach to teaching and research in the field.

Principal topics include:

• The concepts inherent in post-conflict state-building
• International humanitarian law and the law of occupation
• Current trends in peace-building
• The relevance of constitution building to post-conflict state-building
• Role and use of human rights to protect vulnerable groups
• The relevance of context in post-conflict state-building programs
• Role and contribution of civil society.

In recent decades, cities have become a critical site through which contemporary international aspirations are pursued. Increasingly, cities are asserting themselves as international actors while also coming to be regulated by global lawmaking processes. This subject offers an in-depth inquiry into international law and global governance, viewed through the lens of the city. Relevant both to scholars and practitioners, the course critically assesses the international legal framework in which cities in the global north and south are coming to be enmeshed, with a focus on the city-scale governance of climate change, urban security, human rights and the financial sector.

The subject will combine interactive lectures with group presentations, invited speakers and the use of documentaries and new media. Readings will be drawn from law and a wide range of other disciplines, including international relations, history, geography, development, sociology, anthropology, architecture, planning and philosophy. The more theoretical texts will be complemented by primary sources allowing students to develop a close reading on one of the most topical developments in contemporary global governance and international law.

Principal topics include:

• Cities, International Law and Global Governance Today
• Cities and the Evolution of the International Legal Order: From State Sovereignty to a Transformation of the International Legal Order from Below
• Cities and Liveability: Human Rights and the Emergence of the Right to the City
• Cities and Climate Change: Between the Paris Agreement and the Local Realization of the Sustainable Development Goals
• Cities and Security: Law, Governance and the Architecture in Quest of Safe Spaces
• Cities and Finance: Governing the Financial Sector through and for Cities

The concept of development has been crucial to structuring international legal relations from the end of World War II to the present day. During that time, international law and institutions have taken on ‘development’ as a primary project. In both the public and economic domains, the vast majority of international institutions engage with the development project in some shape or form. This subject invites students to think about the nature and importance of development and its relation to international law. The history of development in relation to imperialism, decolonisation, the Cold War and globalisation means that this set of relations is complex and dynamic. Understanding it is crucial to understanding the place of international law, and the work development does in the contemporary world.

Principal topics include:

• Law and development as a field
• The ‘development’ concept and its precursors
• The relationship between the concepts of ‘law’ and ‘development’
• The institutionalisation of development
• Development, imperialism, decolonisation and the nation state
• Permanent sovereignty over natural resources and the new international economic order
• Debt crises and development(s) at the Bretton Wood institutions
• Trade and development
• Globalisation, governance and the rule of law
• Sustainability, democracy and human rights
• Resistance, alternatives and post-development
• The future: development and security.

This subject will examine the nature and capacity of international law to accommodate both environment and development objectives. It will explore the meaning of ‘development’, the legal basis for promoting development, and the ways in which states balance environment and development considerations in international law. The nexus between development and the environment in international law is complex. International laws protecting the environment have evolved to take account of development considerations. Environmental treaties such as the United Nations Framework Convention on Climate Change provide for different commitments from developing and developed countries. Meanwhile, international cooperation fostering development has been shaped by environmental protection. Economic instruments, such as those governing international trade, impact on environmental regulation, and development lending is often linked to environmental performance. The catch-all concept of sustainable development is invoked by states to combine consideration for environmental, economic and social development imperatives leading to contested outcomes.

Principal topics include:

• The historical evolution of the concept of ‘sustainable development’ in international law and the crafting of ‘Sustainable Development Goals’
• A critical appraisal of characterisations of ‘rights’ to a clean environment and to development in international law
• Case studies demonstrating how international laws to protect the environment take account of development considerations
• Case studies demonstrating how international economic instruments impact on or integrate environmental protection
• A critical assessment of the role of international law in states’ cooperative efforts to balance environment and development objectives.

International investment is today understood as a key element of successful development policy. However, both the historical and conceptual foundations of this apparent convergence demand careful investigation. While mainstream economic thinking asserts that foreign investment is beneficial for poor countries, critics have pointed out that it can be positive or negative depending on how it is regulated. Against this debate, investment treaties are typically weighted in favour of developed states, and as a matter of international law, poorer countries have increasingly limited regulatory tools at their disposal with which to govern the operations of transnational investors within their territory. Conflicts frequently arise between the needs of local communities and international investors over access to land, resources, and water, leading to displacement, loss of livelihoods and human-rights violations. The role of the state in regulating these conflicts is often complex, and the responsibilities of large multinational corporations are unclear. Using a historically-grounded case study-based approach, this subject will provide students with an opportunity to critically examine the relationship between international investment, local communities and the state within contemporary legal and institutional development policy and practice.

Principal topics include:

• Introduction to the contested meanings of international investment, regulation and development
• The links between investment, development and regulation, examined through case studies
• An examination of the historically contested role of international law in framing the terms on which multinational corporations access resources in developing countries, including investment treaties, business and human rights, as well as older initiatives
• An examination of the role of international institutions, including the World Bank and the International Monetary Fund (IMF), in governing investment and development
• The debate over global versus local labour standards and the dilemmas over monitoring
• The debates over ‘land grabbing’ and access to agricultural land in developing countries.

The subject considers key legal concepts employed in commercial law and the practical role they play in solving commercial disputes. Our focus is on key structures and relationships used in commercial transactions, and the question of how such structures and relationships may affect third parties. As commercial parties often need to decide what legal structure to adopt in a relationship, we consider and compare the differing legal consequences of different types of commercial transactions, looking at their effect on both contracting parties and third parties. In doing so, we look at how key conceptual building blocks of commercial law (such as agency; trusts; sale; assignment; and security) are applied in practice. Given the international nature of much commercial law, and the important ongoing influence of shared common law concepts, we consider both Australian and English materials.

The syllabus remains flexible to ensure that our focus is on recent developments and topics of current interest. In 2020, the core topics studied will be: (i) agency: its internal and external aspects; (ii) trusts and their use in commercial transactions; (iii) sale and the effect of passing property; (iv) assignment of contractual rights and the practical effects of non-assignment clauses; (v) the operation of good faith in commercial relationships. Broader themes to be discussed include: (i) the effects of different transactions on third parties, including the limits placed by the law on the parties’ freedom to determine such effects; (ii) the interaction of common law, equity and statute in commercial contexts.

Students taking this subject will be assumed to have a basic knowledge of the principles of contract law, property law, equity and trusts, as applied in Australia or other legal jurisdictions.

Principal topics:

• Agency: internal and external aspects
• The use of trusts in commercial relationships
• Sale and the effect of passing property
• The transfer and protection of intangible commercial rights, including assignment of choses in action
• The role of good faith in commercial transactions

Equitable doctrines and remedies lie at the heart of commercial conduct, transactions and private law litigation. They provide unique standards of conduct that restrict and guide commercial dealings and a raft of powerful personal and proprietary remedies that dictate defendant liability when transactions fail. Over recent years their influence has been seen not only in important judicial decisions affecting commercial dealings, but in the raft of legislation that now builds on those equitable foundations. This subject considers some of the more pressing points of convergence between equitable doctrine and commercial practice, and examines their ongoing relationship with key statutory counterparts. In doing so, the subject is tightly structured to ensure that students are exposed to cutting-edge legal theory concerning court-led equitable developments and to the ramifications of those developments at the coal-face of commercial practice and dealings.

This subject will be relevant to transaction lawyers involved in planning, initiating and drafting contracts, for corporate lawyers and regulators involved in consumer and banking law and for commercial litigators. The lecturers are internationally recognised experts in the commercial applications of equitable doctrines and remedies. They are also exceptional teachers, evidenced by the consistently outstanding results in the student experience surveys for this subject.

Principal topics include:

• The role of equity in commercial transactions
• The nature of the fiduciary obligations, including the avoidance and ‘management’ of fiduciary conflicts
• Undue influence, mistakes and the enforcement of domestic guarantees in banking contexts
• Quistclose trusts
• The role of estoppel in commercial transactions
• Equitable remedies for breach of obligation, with special reference to gain-based awards and constructive and resulting trusts.

This subject will be delivered online in 2020 over the scheduled dates.

The law of contract interpretation is one of the most practically important areas of commercial law. In recent years, interpretation disputes have come to dominate contract litigation. Because views can differ as to basic questions — such as whether particular words have a plain meaning, and what 'commercial sense’ dictates in a given situation — the outcomes of these cases can be difficult to predict. This subject will study the core principles of contract interpretation in Australian and English law. It will also examine the closely related principles concerning implied terms, rectification and estoppel by convention. Current issues and controversies will be considered. The common law approach to contract interpretation will be compared with those adopted in important international instruments such as the United Nations (UN) Convention on Contracts for the International Sale of Goods. The lecturer is a former commercial practitioner who has taught contract law for many years and has published widely on relevant topics.

This subject will examine the principles governing the interpretation of commercial contracts, and the closely related principles concerning implied terms, rectification and estoppel by convention.

Principal topics include:

• Contemporary approaches to interpretation
• The availability and relevance of extrinsic evidence
• Comparison between the common law principles of contract interpretation and those of international instruments such as the UNIDROIT Principles of International Commercial Contracts
• The role of contractual purposes
• The role of commercial commonsense
• Plain meaning, absurdity and unreasonableness
• The interpretation of limitation of liability clauses
• Implied terms
• The equitable remedy of rectification
• Estoppel by convention

Contract is central to the legal regulation of most commercial and economic activity, and underlies many specialist areas of legal practice. As market costs and values move, many contracts become increasingly valuable to one party and burdensome to the other. One party’s ability to terminate, or to successfully resist the termination of, a commercial contract is frequently a matter of considerable financial importance. The complex interaction between common law termination rights and rights to terminate expressly conferred by clauses in the contract in question is seldom properly understood, as illustrated by many of the cases from which this subject is taught.

This subject is taught from selected cases rather than textbooks. Principal topics include:

• Breach of conditions, including what makes a promissory term a strict condition
• Non-fulfilment of conditions precedent, and associated promissory obligations
• Breaches of intermediate terms, and what makes them sufficiently serious to justify termination
• Repudiation in its different forms
• Breach of time obligations, and the use and consequences of Notices to Perform/Complete
• Express termination clauses—the different principles concerning their operation, and ‘compare and contrast’ the principles concerning termination at common law
• Possible limits on an aggrieved party’s right to terminate through:
  • Election/affirmation
  • Estoppel
  • Breach or an absence of readiness, willingness and ability to perform on his/her own part
  • Relief against forfeiture
• Remedies accompanying effective or attempted terminations, including:
  • Principles of quantifying expectation damages at common law
  • Limited rights to damages on termination pursuant to an express clause
  • Contractual rights to remuneration accrued due prior to the termination
  • Exceptional limitations on the recoverability of contractual remuneration.

This subject will be delivered online in 2020 over the scheduled dates.

Negligence is one of the most heavily litigated causes of action in common law jurisdictions. It is of enormous practical importance in a very wide range of fact situations. It is also a dynamic area of law: the relevant principles are constantly being applied to new fact situations, and the courts are regularly forced to grapple with difficult questions about the scope of negligence liability. This subject examines key current issues and controversies in the law of negligence in the light of theoretical and comparative perspectives. The lecturers have both published widely on private law topics, including a range of issues in the law of negligence.

Principal topics include:

• An overview of the law of negligence, including theoretical and historical perspectives and the place of negligence in tort law and private law
• The duty of care requirement in general terms, including the distinction between duty in law and duty in fact, the approach to the duty question in novel situations and the role of public policy in duty decisions
• Liability for psychiatric injury
• Liability for pure economic loss
• Liability for omissions
• Liability of public authorities
• Current issues in the standard of care and its application, with particular reference to professional negligence cases
• The requirement of damage
• Factual causation, including recovery for loss of a chance
• Scope of liability (legal causation and remoteness)
• Defences (both common law and statutory).

This subject provides an introduction to the global law relating to international commercial contracts. A major focus will be on contracts of sales, as codified by the Vienna Convention on the International Sale of Goods (CISG). However, some issues of the general law of contract will also be covered in detail (eg formation, interpretation, third party rights, the duty of good faith and fair dealing). The treatment of some of these topics will be based on an examination of the 2016 UNIDROIT Principles of International Commercial Contracts (PICC). The approach is comparative. Examples will be drawn from the decisions of national courts as well as arbitral awards.

Principal topics include:

• Global commercial contracts
• Applicability and application of the CISG and the PICC
• Interpretation and supplementation of the CISG and the PICC
• Contract formation
• Interpretation of international commercial contracts
• Third party rights
• Obligations of sellers and buyers
• Contractual remedies
• Good faith and fair dealing
• Transnational commercial dispute resolution.

This subject examines the remedies commonly awarded in commercial litigation. All the major common law, equitable and statutory remedies will be covered, along with personal remedies, such as damages and proprietary remedies, such as the constructive trust. The strategic selection of remedies in commercial disputes will be considered and Australian law will be compared, where relevant, with the law of other major commercial law jurisdictions.

Principal topics include:

• Damages in tort (excluding personal injuries) and for breach of contract, including issues of concurrency, where both tort and contract damages are available. Expectation and reliance damages and the protection of the ‘performance interest’ in contract. The role of liquidated damages clauses, and the penalties doctrine, will be considered, as well as the principles governing the award of exemplary and nominal damages.
• Statutory damages awards, with particular reference to damages awarded under the Competition and Consumer Act 2010 (Cth)
• Equitable compensation for breach of equitable obligations, including breach of fiduciary obligation. Statutory damages under the Chancery Amendment Act 1858 (Imp) and equivalent Australian legislation
• Specific performance of contracts, with particular reference to the role of specific performance in common law and civil law jurisdictions
• Injunctions, including a study of the interests protected in injunction litigation. Interlocutory orders, including Mareva orders, will be examined
• The account of profits as a remedy for equitable wrongdoing, and debates about the availability of the account of profits as a remedy for breach of contract
• Proprietary remedies, with particular reference to the distinction between institutional and remedial constructive trusts
• A comparison of the role of the constructive trust, in commercial litigation, in Australia, the United Kingdom and the United States.

‘Player contracts’ is often the first thought that comes to mind when sports law is mentioned, but it is the framework of labour market rules concerning the likes of transfers, drafts and salary caps that constitutes one of the most engaging and unique aspects of the sports law landscape. The international nature of sport is reflected in this subject’s exploration of employment, labour market rules and the role of player associations and collective bargaining in major sports across three continents. This popular subject is for anyone interested in the representation of athletes and their employers. Between them the lecturers muster a vast knowledge and practical experience in this important field.

This subject will examine sports employment law issues internationally, particularly in Australasia, Europe and the United States. Attention will be paid to the major professional team sports in these different legal jurisdictions and the legal needs of key stakeholders. A prominent theme will be the unusual aspects of the sports labour market and industrial relations process.

Principal topics include:

• Commercial environment of the sports labour market
• General principles of employment law in sports
• Labour market controls in professional team sports and the role of competition law in Australasia, Europe and the United States
• Emergence and role of player associations
• Collective bargaining agreements
• The player/agent legal relationship and the regulation of agents
• Player marketing rights
• Selected issues in employment law, including selection, disciplinary measures, disability and workers’ compensation, termination and grievance procedures.

The resolution of sports disputes has become more formalised and complex over the past two decades, especially with the emergence of international bodies such as the Court of Arbitration for Sport. The importance of understanding the legal principles, processes and skills of sports dispute resolution has never been greater. The lecturers bring to this subject an impressive knowledge and experience in the theoretical and practical aspects of sports dispute resolution at national and international levels.

Principal topics include:

• The legal principles (substantive and procedural) that comprise the ‘ius ludorum’ (law of games)
• Types of sport resolution procedures (domestic and international)
• Techniques for effective advocacy and decision-making in sports dispute resolution.

Sport is both an industry of the modern age and a traditional activity that reaches to the core of the social fabric. Law and sport intersect in many and varied ways, some of which challenge established notions of thinking about law. Sports Industry and the Law is the flagship subject of the sports law program, surveying many areas of legal controversy in sport, with particular emphasis on the link between the commercialisation of sport and the emergence of sports law. This subject is the best place to start for students embarking on a program of sports law studies and, for the student with wider interests, the ideal subject through which to sample sports law.

The aim of this subject is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the subject focuses on legal doctrine, it will bear in mind sport’s historical, cultural, social and economic context, including the drama and colour of major sporting events and leading personalities. And although it is inevitably very much concerned with elite professional sports, it is not dominated by them and seeks to cover the widest possible range of sports, professional and amateur.

Initially, the subject addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known sometimes as “sports law” or lex sportiva. Thereafter, three main themes are identified: regulatory, participatory, and financial aspects of modern sport. The regulatory theme is dealt with in lectures that consider the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and criminal violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in lectures concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events.

In sum, the subject is designed to cover fundamental and topical areas of sports law:

• Sports law in general
• Sports bodies and the courts
• Arbitration in sport
• Corruption
• Doping
• Violence
• Civil liability
• Discrimination
• The commodification of modern sport
• The likely future of sports law.

This core tax subject examines the law, policy and structural features of capital gains tax (CGT) in Australia and considers and applies CGT rules in a number of different private and business contexts. The subject examines the operation of CGT in detail in the context of the treatment of information and goodwill, earn-outs, the application of CGT to non-residents, in relation to real estate transactions, litigation and the use of trusts and deceased estates.

Principal topics include:

• Structure of the capital gains tax system and its interaction with other tax provisions
• Selected CGT Events and their key concepts
• The CGT treatment of information and goodwill
• The CGT treatment of earn-outs
• The application of CGT to non-residents
• CGT and business structures, restructuring, available rollovers and the small business CGT concessions
• Capital gains tax problems in conveyancing and real estate development
• Capital gains tax problems in compensation payouts
• Capital gains tax problems in trusts and estates.

Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system—they must grapple with and question the operation of other corporate tax systems. This subject seeks to develop an ability to understand and analyse any corporate tax system and assess its impact on corporate decision-making. With a dedicated textbook (written by the presenter), this subject compares a number of influential and archetypal corporate tax systems (both common law and civil law) and assesses their behaviour in the context of practical problems. For tax professionals, this subject develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals.

This subject will compare and analyse corporate income tax law in selected countries (Australia, Germany, the US and the UK, with some reference to China) and consider how these laws interface with corporate law. Participants will be encouraged to discuss other jurisdictions with which they are familiar and students are permitted to cover other countries in their research paper. The approaches adopted are analysed by reference to various policy options available. There is a particular focus on problems caused by the artificiality of corporations.

Principal topics include:

• Identification of entities (including hybrids) subject to corporation tax
• Corporate groups and personal service companies
• Debt versus equity and relief from economic double taxation of dividends
• Cross-border corporate income and dividends
• Gains/losses on the disposal of shares, takeovers and sale of loss companies
• Corporate formation, share buy-backs and liquidation
• Bonus issues, convertible notes, mergers and demergers.

This subject will provide a detailed comparative analysis of the principal topics in international taxation. Following an introduction to comparative law theories and methods, the core principles of international income tax will be examined, with the different approaches taken by nations (developed, emerging, and developing countries) outlined and critiqued. The compatibility of international tax systems in dealing with international transactions will be examined, and key areas of mismatch and overlap identified. The ongoing reform of international tax rules under the O.E.C.D. Base Erosion and Profit Shifting (BEPS) and digital taxation projects will be considered. This subject will equip students to analyse international tax issues using a comparative approach and to acquire a deep understanding of the underlying structural, institutional, and policy influences that have shaped international income tax systems. This knowledge is directly applicable to analysing international tax problems in any country.

Principal topics include:

• Broad trends in international tax policy and structure across countries
• Jurisdiction to tax (residence and source)
• Taxation of foreign income of residents, including elimination of double taxation
• Taxation of non-residents, including the scope of source taxation
• International tax expenditures
• International anti-avoidance rules, including controlled foreign company rules, thin capitalisation rules, indirect transfer rules, and transfer pricing
• Tax treaties, including automatic exchange of information
• Transparency initiatives, including disclosure of beneficial owners and country-by-country reporting
• OECD and UN initiatives in international taxation, including BEPS issues, combatting tax evasion, and digital taxation issues

This subject will be delivered online in 2020 over the scheduled dates.

This core tax subject examines the policies, detailed rules and current practical problems involved in the taxation of companies and shareholders in Australia, particularly at shareholder level. The lecturers are leading practitioners and they will consider the tax rules that apply to shares, corporate distributions, Australia‘s imputation system and the debt-equity integrity rules.

This subject consists of a detailed examination of the tax rules applied to companies and shareholders in a domestic setting in Australia, with a focus on issues at the shareholder level.

Principal topics include:

• The policy and problems of taxing companies and shareholders
• Tax treatment of contributions of share capital and assets to a company
• Debt-equity classification
• The corporate shareholder imputation system
• Private company deemed dividends
• Franking credit and capital streaming and associated anti-avoidance rules
• Taxation of company distributions and dealings with interests in companies, including liquidations and share buybacks.

This core tax subject examines the fundamentals of taxation, with a focus on Australia’s most important tax: the personal income tax. It engages with the tax law that is most relevant to legal and tax practice for individuals and businesses.

This subject equips students to interpret statutory tax rules and apply judicial approaches, and to understand the policy and implications of tax reform in this fast-changing and challenging area of law. This subject is required for international tax students and is recommended for all masters students who have had little previous study or experience in tax law and wish to gain a solid grounding in the area

Principal topics include:

• Overview of federal and state taxes in Australia, how tax laws are made, sources of tax law, tax policy and design principles and reform
• The structure of the income tax, concept of income and tax rates
• Income tax law, including calculation of taxable income; definition of income from services, property and business, capital gains, deductions and treatment of business and investment assets
• Overview of income tax of business and investment entities
• Tax avoidance and evasion, and the general anti-avoidance rule.

This subject will examine Australia’s Goods and Services Tax (GST). The subject identifies the core legislative features in Australia’s GST contained in the A New Tax System (Goods and Services Tax) Act 1999.

The subject includes:

• reference to the value-added tax systems in other jurisdictions such as the European Union, United Kingdom, New Zealand and Singapore; and
• analysis of rulings and cases that are relevant to the operation of, and compliance with, Australia’s GST in practice.

Principal topics include:

• Introduction to the GST: the objectives of a tax on household consumption expenditure and the design features and legislative scheme of Australia’s GST
• GST’s ‘basic rules’ and the legislative building blocks contained in the GST law: the taxable person, consumption expenditure, tax value, registration, jurisdictional scope, supplies to and from offshore, exemptions, the destination principle (exports and imports) and input tax relief.
• A legislative overview of the Australian GST treatment of the “difficult to tax” issues: real property and financial services.

This core international tax subject is of central importance given Australia’s ever-growing role in the global economy. This subject covers the fundamental international income tax rules that apply where income or capital gains are derived in circumstances that have a connection with Australia. It considers Australia’s tax jurisdiction of residence and source, and relief from double taxation under domestic law and tax treaties. It also examines measures to prevent tax avoidance, such as controlled foreign company measures and transfer pricing.

This subject is designed to explore in detail the fundamental principles of Australia’s international taxation regime. The subject will examine both the issues of tax design and policy, and the relevant provisions in the legislation, cases and rulings.

Principal topics include:

• Principles of international taxation
• Rules for determining residence and source
• Domestic rules for the taxation of residents’ foreign income (foreign income tax offsets, accruals taxation of foreign income and exemption of foreign income)
• Domestic rules for the taxation of non-residents’ Australian source income (business income, interest, dividends and royalties)
• Introduction to tax treaties
• Introduction to thin capitalisation rules.

This subject provides an overview of United States (US) income tax rules for cross-border investments, transactions, and other activities, with specific relevance for Australians investing into the US and for US persons investing into Australia. The subject will incorporate the latest developments in United States international tax rules, including the 2017 provisions of the Tax Cuts and Jobs Act. It will examine rules, regulations, and administrative practices with an emphasis on case decisions new statutory provisions relating to taxation of foreign persons in the US, taxation of US persons investing abroad, the foreign tax credit, controlled foreign corporations, transfer pricing, and US income tax treaties.

The subject will examine the rules contained in the US Internal Revenue Code (Title 26 of the United States Code), as well as regulations, rulings, and other documents produced by the US Treasury Department and the Internal Revenue Service.

Students may find it helpful to consult International Taxation in a Nutshell (11th ed., Herzfeld and Doernberg eds.)(West academic Publishing), but this volume will not be assigned.

Principal topics may include:

• Entity classification rules
• The definition of 'foreign' persons
• The economic substance doctrine
• Source rules
• Statutory rules for taxation of foreign persons
• Taxation of foreign operations of US persons
• US tax treaties
• The foreign tax credit
• Transfer pricing
• Foreign currency.

The Australian states and territories levy various taxes on businesses and individuals, including payroll tax, land tax, duties on transfers and acquisitions, leases and workers’ compensation levies. Interpreting and complying with this multitude of taxes, only some of which are harmonised across state borders, poses significant challenges for Australian businesses and state revenue agencies alike. Many jurisdictions are enacting more comprehensive anti-avoidance and business entity rules in key state taxes - for example, those applying to trusts or corporate groups - and there is increasing litigation on state taxes in courts around the country. This subject will provide tax professionals with an advanced knowledge of the structure and practical operation of state taxes and duties in a commercial context, taking account of the most recent trends and developments in this field.

This subject will consider in detail the operation of various state taxes and duties, in particular:

• Duties
• Land tax
• Payroll tax and workers’ compensation levies.

Principal topics include:

• Analysis of duties, land tax, payroll tax and workers’ compensation levies legislation in Victoria and brief comparisons with other jurisdictions
• Consideration of Victorian duty liabilities on various dutiable transactions, landholder acquisitions and other business and commercial transactions
• Consideration of the key features and concepts relevant to how land tax is assessed in Victoria
• Consideration of the types of compensation that are subject to payroll tax and/or workers’ compensation levies
• The broad range of anti-avoidance provisions
• Exemptions from state taxes, duties and levies
• Administration of the state taxes system, including obligations to provide information and rights to object to assessments and appeal.

This subject examines both general and specific anti-avoidance provisions in Australia and in comparable jurisdictions. The subject will examine in detail the provisions of Part IVA of the Income Tax Assessment Act 1936 (Cth), as well as its Goods and Services Tax (GST) equivalent, and consider the differences between permissible tax planning and impermissible tax avoidance.

Principal topics include:

• Concepts of tax avoidance
• General anti-avoidance provisions
• Specific anti-avoidance provisions
• Judicial responses to tax avoidance
• Obligations of taxpayers and advisers in relation to tax avoidance
• Tax avoidance and consolidation.

This specialist subject taught by leading members of the Victorian Bar specialising in tax, teaches all of the legal principles associated with tax litigation. It addresses the system of tax appeals, administrative and judicial review of decisions made by the Commissioner, evidence-gathering and the preparation of objections, tax appeal statements, affidavits, expert reports and legal submissions in a tax case. It explains how tax cases are tried and how they are dealt with at appellate level. It also covers the rulings system, the imposition and review of penalties and the Commissioner‘s rights of recovery. The focus of the subject is on the practical, and not theoretical, application of these principles.

Principal topics include:

• Introduction and the appeals process under Part IVC of the Taxation Administration Act 1953 (Cth)
• Challenging an assessment, objections, objections decisions and appeal
• The audit process and the Commissioner‘s information-gathering powers
• Interlocutory steps for getting a case ready for trial, including the Federal Court Taxation Practice Note No.1
• Written advocacy—the different needs at various stages of the appeals process
• The hearing
• Use of expert witnesses
• Appeals to Federal, Full Federal and High Courts
• The rulings process
• Judicial review of decisions made by the Commissioner
• Recovery of tax.

Today, attention is increasingly focused on tax reform to deliver revenue for spending on public goods so as to achieve fair and sustainable economic development in countries across the globe. This subject examines tax policy to finance development goals and sustainable governments. The subject addresses budget laws; policy and law design principles for taxation, including equity, market efficiency and tax administration; and key taxes. It will analyse how national governments and international institutions such as the International Monetary Fund (IMF) and Organisation for Economic Co-operation and Development (OECD) engage in tax policy and reform and seek to establish global norms and cooperation in taxation. The subject will present topical case studies of high and low income countries. It will address topical issues including tax transparency and multinational tax avoidance, the role of tax in addressing inequality, and international tax competition and cooperation between nations. It will equip participants from tax, development and international law backgrounds to analyse critically the law and policy of budgets and tax systems and the interaction between the global, national and local levels in tax reform.

Principal topics will include:

• Budget policy and laws, including fiscal balance or deficit, transparency and accountability
• Tax mix, tax structures and types of tax
• Tax policy and design principles: sustainability, efficiency, fairness, simplicity and administrability
• Selected tax policy and law issues for key taxes including the personal and company income tax, sales tax and resource taxation
• Tax incentives for foreign investment
• Tax competition and cooperation, tax avoidance and tax havens
• The domestic and international processes of tax treaties, norms and reform.

Globally, countries have negotiated more than 3,000 bilateral tax treaties and the number of treaties continues to grow. Tax Treaties provides an in-depth examination of international tax treaties, regarding both inbound and outbound investment. This subject uses the Organisation for Economic Co-operation and Development (OECD) Model Treaty and Commentary and examines important tax treaties of Australia and its major trading partners.

Associate Professor Michael Kobetsky has advised the United Nations (UN) and country governments on these issues. This lively, engaging and relevant subject equips students to deal with the most topical and advanced issues of international tax in the application and interpretation of tax treaties, including the meaning of permanent establishment and taxation of business profits, residence and source, the treatment of investment income, exchange of information and avoidance of double taxation.

Principal topics include:

• The role of tax treaties in preventing double taxation and tax avoidance
• Interpretation of tax treaties
• Relationship between tax treaties and domestic law
• Impact of tax treaties on investing in Australia
• Impact of tax treaties on investing overseas
• Entities and tax treaties
• The mutual agreement procedure
• Tax treaties and tax avoidance.

This core tax subject is designed to explore in detail the fundamental principles of income tax, fringe benefits tax and capital gains tax in relation to business and investment. It will provide the requisite skills and knowledge to identify and better deal with income tax problems that arise in practice and in other tax subjects. The lecturers are leading practitioners or academics with extensive experience in the field.

Principal topics include:

• The structure of the Australian income tax system
• The structure of the legislation, interaction mechanisms and derivation
• Multi-step transactions
• Deferred payments
• Expense characterisation and calculation of cost
• Valuation and conditions of employment
• Reimbursements and apportionment of deductions
• Capital gains tax: dissecting receipts and part disposals
• Deemed disposals
• Capital allowances and cost-base write-down
• Creation of liabilities
• Reimbursement and recovery of expenses.

This subject is designed for tax professionals and government officials who wish to complete or update their education in corporate tax law and practice. Coordinated and taught by some of Australia’s leading tax advisers, it is focused around a series of topical issues. Using a detailed analysis of these issues, it provides students with in-depth, commercially relevant knowledge of the tax rules for mergers and acquisitions of public and private companies and consolidated corporate groups.

Topics include the application of rollovers that benefit shareholders and companies engaged in takeovers and mergers, especially involving consolidated groups, as well as applicable tax integrity rules and recent and ongoing tax reform.

Principal topics include:

• Corporate capital gains tax rollovers for mergers, acquisitions and disposals, including Divisions 124, 125 and 126 of the Income Tax Assessment Act 1997 (Cth), in particular scrip for scrip, demerger and various corporate restructure rollovers
• The interaction of tax rules relating to mergers, acquisitions and restructures with key elements of the tax rules for consolidated corporate groups in Part 3-90 of the Income Tax Assessment Act 1997 (Cth) including rules for tax cost setting on entry and exit, foreign-owned multiple entry consolidated groups, tax-sharing and payment, due diligence and corporate risk
• The interaction of tax rules relating to mergers, acquisitions and disposal with the imputation system and corporate financing tax rules.

Although relevant for all superannuation funds, this subject focuses heavily on self-managed superannuation funds (‘SMSFs’). This subject deals with the underlying policies, technical rules and current practical problems in relation to the taxation of SMSFs and their prudential management. In particular, it considers what investments and structures superannuation funds can use while still attracting concessional tax treatment along with how income is taxed, the treatment of contributions to those funds and the taxation of benefits paid. It also includes a detailed consideration of succession planning issues and how to apply those considerations in practice.

Principal topics include:

• The Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation Industry (Supervision) Regulations 1994 (Cth): Detailed consideration of the key investment and other prudential rules, the policy behind them and how to apply them in practice
• Taxation of superannuation: overview of policy and legislative framework for contributions, investment and the payment of benefits, as well as the different structuring options available to practitioners
• Succession planning: the key rules, where there often is a difference between what an SMSF member wants and what the rules allow, how best to seek to ensure that a member’s wishes are achieved and the interplay with tax (including stamp duty) efficiency.

This core tax subject will examine in depth the Australian income tax rules applicable to trusts, including significant new and ongoing reforms and policy developments. It will apply these rules to the range of applications of trusts, including private trusts such as unit trusts, family discretionary trusts, public managed investment funds, real estate investment trusts, nominee trusts, and stapled structures used by large businesses.

Principal topics include:

• Definition and types of trust at law and for tax purposes and framework of trust tax rules
• Trust distributions, beneficiaries and trustees, present entitlement, net income and flow-through of tax attributes, such as franking credits and capital gains
• Trust losses
• Anti-avoidance and integrity rules
• Capital gains tax for trusts, including formation, distributions, termination, unit trusts and deceased estates
• Managed investment and real estate unit trusts, public trading trusts, and stapled and other trust structures
• Trust tax reform and new developments.

International transfer pricing is the price charged for the cross-border transfer of assets or services between associated enterprises in a multinational enterprise group. Transfer pricing is consistently identified in international surveys of multinational enterprises as the most important tax issue they face. Multinational enterprises have to deal with demands from the various jurisdictions in which they operate as national tax agencies implement measures to protect their revenue from cross-border trade between associated entities.

This subject studies the Australian transfer pricing rules and their application. The Australian transfer pricing rules are based on the Organisation for Economic Co-operation and Development (OECD) Transfer Pricing Guidelines. This subject is designed for tax advisers, in-house tax managers and government officials, as well as those practising in transfer pricing. A background in transfer pricing is not required.

Principal topics include:

• OECD guidelines on transfer pricing
• Australia’s tax legislation and tax rulings on transfer pricing
• Australia’s tax treaties and transfer pricing
• Case law
• Transfer pricing methodologies—selection and application for the following transactions in respect of tangible goods, intangible assets, services and financial transactions
• Transfer pricing documentation requirements
• Performing a comparable search (benchmarking)
• Completing the transfer pricing section of the tax return
• Risk reviews and audit approach.

This subject will provide students with an understanding of key concepts in the fields of strategy, leadership, marketing, human resources and IT management. It will provide students with the ability to contribute more effectively to management decision-making. The subject aims to give students a greater appreciation of the keys to business success. The mode of instruction will include case study analysis, guest speaker presentations and interactive lectures. This subject is ideal for those working in any professional services context including law and accounting firms, in-house legal teams or any other type of business advisory practice.

Principal topics include:

• Practice economics
• Strategy formulation and implementation
• Managing people
• Marketing, brand and reputation-building
• Business development and client relationship management
• Improving operational efficiency and effectiveness
• Business planning and measurement
• Why some firms fly.