法学硕士

法学硕士（LLM）为学生提供超过170门课程，涵盖26个专业法律领域。该课程仅面向法学毕业生开放，您可以从墨尔本法学院硕士项目提供的所有课程中自由选择，从而根据您的职业抱负和个人需求定制学位。

The course requires satisfactory completion of 100 credit points from the subjects available in the Melbourne Law Masters. Students who have a law degree that is not from a common law jurisdiction are required to complete Fundamentals of the Common Law. Minor Thesis option The Master of Laws includes a Minor Thesis option. To undertake this option students complete four subjects drawn from the subjects prescribed by the Law School as part of the coursework program and a minor thesis (50 credit points of study) on a topic approved by the Law School. Subject timing and format The Melbourne Law Masters program has been designed around the busy schedules of working professionals. Subjects are offered from February to December each year. Most subjects are taught intensively over five days, with some subjects taught for two hours each week during the semester. Subjects delivered online will have a combination of pre-recorded lecture content, live sessions and discussion boards among other resources. On-campus subjects involve interactive, seminar-style classes in the Law Building in Melbourne. Online subjects International students may take no more than two online subjects (25 credit points). Duration Full-time students enrol in 50 credit points per semester (or half-year period) and have an expected course duration of one year. Part-time students enrol in 25 credit points per semester (or half-year period) and have an expected course duration of two years. Semesters without enrolments require a student to apply for a leave of absence. Part-time enrolment is for domestic students only. Part-time students may reduce their study load to 12.5 credit points per half-year period and thus have a maximum course duration of four years. Study abroad at Oxford Students enrolled in the Master of Laws also have the opportunity to study abroad at the University of Oxford. For detailed course and subject information, see the Handbook: Master of Laws. Explore the subjects you could choose as part of this degree. The course requires satisfactory completion of 100 credit points from the subjects available in the Melbourne Law Masters. Asian Law subjects Biotechnology in Asia-Pacific is advancing at an unprecedented pace with major economies like China and Japan implementing ambitious national biotech strategies. This introductory subject offers an accessible yet comprehensive examination of biotechnology regulations across the region, requiring no scientific background. Students will explore legal frameworks governing healthcare and pharmaceutical safety, agricultural biotechnology, GMO and gene-edited food regulations, intellectual property, data governance, and economic security, with a focus on international cooperation in commercial development and national economic security considerations. Through comparative case studies, we will examine how Asian jurisdictions balance innovation, ethical considerations, and national security while responding to public health emergencies and biosecurity incidents. Indicative list of principal topics: The foundations of biotechnology regulation The medical and pharmaceutical biotechnology framework Agricultural biotechnology governance Biosecurity and biodiversity protection Biosecurity and public health systems Data governance Intellectual Property regimes Economic security dimensions 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 a focused analysis of selected legal and practical issues from comparative and economic perspectives. In order to facilitate comparative analysis both across and within the common law and civil law traditions, this subject will focus on commercial law in the four jurisdictions of China, Hong Kong, Singapore and Taiwan. Basic economic principles will be introduced and utilised to evaluate the efficacy of the respective legal rules. Covered topics will include contract, business associations, corporate finance, and taxation. The subject will be of interest to those interested in doing business in Asia. Indicative list of principal topics: contract business associations (including corporate governance) corporate finance taxation Comparative Constitutional Studies is an important field of study and research in our times. It involves the study of different constitutions from across the world. This subject will cover the broad field but also focus specifically on the experience of Asian nations. The title of this subject indicates that its focus is not just on the study of constitutional texts, but also on constitutional politics. At the start of the subject, we will seek to gain an understanding of the broader field of comparative constitutional law/studies, and its approaches and methods. With this background, we will seek to understand aspects of constitutionalism in Asia. The field of comparative constitutional studies has had, since 2010, to grapple with the rise of authoritarianism around the world. In this course, we will focus on the phenomenon of ‘Caesarism’ which seeks to bring some clarity to concepts such as authoritarianism/populism/constitutional retrogression that are generally used to describe politics in the contemporary period. A specific issue of scrutiny will be how courts and constitutional adjudication in particular are affected by the rise of Caesarist forms of politics, and how they, in turn, have sought to respond. Students taking this subject will be able to first obtain an understanding of broader issues and debates in the field of comparative constitutional studies before undertaking individual research projects on topics they will choose to work upon under the supervision of the instructor. Indicative list of principal topics: Introduction to comparative constitutional studies and research methods The history, theory and practice of Constitutions Varieties of Constitutions/Constitutionalism Constitutions/Constitutionalism in Asia Constitutions in authoritarian regimes Constitutional Adjudication, including in authoritarian regimes This subject explores the legal and policy implications of digital and AI-generated evidence in contemporary legal systems, with a particular focus on Asian jurisdictions. As technologies such as social media, digital surveillance, algorithmic decision-making, and generative AI become increasingly embedded in social and institutional life, courts and legal professionals must grapple with new evidentiary challenges. This course provides students with the tools to understand, critically assess, and apply principles relating to the collection, presentation, and admissibility of such evidence. Our subject begins with foundational concepts, including the definition, preservation, and authentication of digital evidence, and moves toward more complex issues involving AI systems—such as explainability, reliability, and fairness. Students will examine how digital and AI-based evidence is used in both criminal and civil proceedings, and how legal systems are adapting through new rules, practices, and institutional arrangements. Indicative list of principal topics: electronic discovery, metadata, deepfakes, algorithmic risk assessments, expert evidence in digital forensics, and comparative approaches to AI governance. Our subject addresses broader ethical and policy concerns, such as privacy, bias, and accountability in automated decision-making. Emphasis is placed on doctrinal analysis and real-world case studies, with flexibility to adapt the depth and scope of topics based on student engagement and understanding. This is a five-day intensive subject taught in English. While the course is comparative in scope, special attention is given to legal developments in Asian jurisdictions including mainland China, Singapore, Japan, Taiwan, and South Korea. This subject explores the dynamic interaction between Islamic law (Shari‘a) and contemporary social contexts in both Muslim-majority and minority societies. Moving beyond doctrinal or purely theological analysis, the course situates Islamic law within the lived realities of diverse communities—examining how Shari‘a is interpreted, negotiated, implemented, or contested across various legal, cultural, and political environments. A central focus is the operation of Islamic law within plural legal systems, including those based on common law, civil law, and customary traditions, as well as its engagement with international legal norms. Students will examine case studies that highlight the complexity of these interactions and the varying responses of states and societies. Through this subject, students will gain both regional and global perspectives on Islamic law and develop a critical and nuanced appreciation of how law, religion, and society intersect—especially in legally plural and culturally diverse settings. Indicative list of principal topics: family law, gender rights, constitutional frameworks, criminal law, Islamic finance, halal certification, and the role of Islamic law in both democratic and authoritarian states. These themes equip students to critically engage with diverse interpretations, contemporary debates, and reform movements within Islamic legal traditions, as they unfold across a range of political and cultural contexts. Important information about enrolling This subject is available only for Melbourne Law Masters students.Juris Doctor students should instead enrol in the equivalent Juris Doctor subject LAWS90344. Banking and Finance subjects Insolvency laws have developed significantly over the past few decades. No one still believes, as Napoleon did when discussing the French Commercial Code in 1807, that all insolvencies can simply be eradicated. However, insolvencies remain both a sign and consequence of economic turmoil, and insolvency processes can be optimised to reduce costs, save businesses and jobs, and even—on a wider scale—protect national economies. Insolvency law has therefore become as crucial for economists as it is for lawyers, with considerable attention given to improving insolvency tools. This has resulted in global convergence of insolvency systems—in fact, all EU member states have recently reformed their insolvency laws by adopting common law-based principles. At the same time, legislators have recognised the importance of early intervention and prevention. Our field moves quickly and involves significant psychological impacts for people facing economic difficulties. This subject aims to give you the skills and tools necessary to understand the main concepts behind insolvency procedures. We will focus on current problems and strategies in typical insolvency procedures, covering the main mechanisms that make insolvency systems efficient. We take a special perspective on EU systems with a focus on French law, while also making brief excursions into US law. CSIRO’s Data61 digital research network describes blockchain technology as ‘a revolutionary new approach to database management’ that will prompt ‘significant changes in existing Australian industries’. Yet, despite significant investments of time and money by institutions around the world, we still lack robust proof of social or commercial benefit. Several years have passed since Bitcoin’s ‘Genesis Block’ was mined, but that foundational use case—digital cash without traditional intermediaries—has not challenged the legacy payments infrastructure. Where blockchain-based assets are used as monetary instruments rather than investments, those transactions are atypical in subject-matter and frequency. All of this begs the question: if the goal of blockchain technology is to eliminate ‘trusted third parties’, why is that something to aspire to? Is the answer to that question commercial or political? And, most importantly, is it correct? The aim of this subject is to answer these questions, and to do so by situating cryptoassets in their global context—as a matter of law, economics, politics and society. Impact investing is a hot topic, championed as well as vilified globally. From charities to large fund managers, investors are looking beyond purely financial returns to tangible and sustainable impact. What does it take to be a responsible investor? What is the role of a lawyer with an impact fund, and what are the responsibilities of investors and managers? This subject explores both responsible and impact investing, highly dynamic and urgent topics in the transition to net zero and the challenge of the sustainable development goals. The subject has a distinctly practical approach and is designed to assist students in developing the skills to assess, prioritise and negotiate impact transactions. We dig into the structuring, negotiation and documentation of impact investing across a broad spectrum, ranging from venture capital, direct and co-investments to managed equity funds. We also explore challenging and live legal topics such as corporate responsibility, fiduciary duty, disclosure obligations and impact washing. Special attention is dedicated to how investors can generate meaningful and sustainable change in their engagement with investee companies and impact funds. Seasoned practitioners from across the market provide their insights as part of a valuable diversity in perspectives. Indicative list of principal topics: Exploring impact and sustainability across private equity in the broadest sense, from venture capital and direct investments to managed funds. The wave of (hard and soft) relevant regulation, taking our cue for instance from EU sustainable finance directives on corporate responsibility and disclosure, to public policy and increasingly principles and best practices driven by market participants. Engagement of responsible (as well as activist) investors with investee companies and impact funds. Investor stewardship to help and drive change. The role of major institutional investors and sovereign wealth funds alongside NGOs. Reviewing and critiquing impact funds in practical case studies, lessons learnt from recent failures, and the toolbox of the responsible investor. Challenges to the credibility and growth of the impact investment market, and the role of market supervisors. The risk of ‘impact’ washing litigation for both investors and managers and how to mitigate or exploit it. This subject involves the study and analysis of the structure, purpose and key provisions of market standard cross border lending documentation, including large syndicated credit agreements (governed by New York or English law). Students will focus on anticipating potential concerns and tensions in the negotiation process and will have the chance to review and study the key agreements and documents such as the credit agreement, guaranties, other ancillary documents, schedules, and document deliveries that they will encounter in practice. Students will also study the structure and standard documents used in the cross-border repo market and the securities lending market, two important international capital markets. Over the past three decades, Professor Christian Johnson has taught and lectured on cross-border lending and capital markets in Australia, Europe, Asia, the Middle East, Africa, and North and South America. Currently, he is the Commonwealth Professor of Law and Business Advising at Widener University Commonwealth School of Law. Professor Johnson has presented and lectured at sovereign wealth funds, central banks, multilateral development banks, the University of Oxford, the London School of Economics, the National University of Singapore, and other prominent institutions. Professor Johnson graduated with his law degree from Columbia University, practiced for global law firms in New York and Chicago, and worked as a certified public accountant for Price Waterhouse prior to law school. Indicative list of principal topics: The various structures and purposes of different cross-border lending transactions The key provisions and clauses found in cross-border lending documentation The key interbank credit markets The key differences between New York, English law and Australia in lending transactions The key clauses found in Australian/New York/English guarantees The key legal, credit and business issues in repo and securities lending transactions. The Challenge of a Decade, if not our Generation. Can sustainable finance be the answer to climate change, poverty and inequality? The purpose of this subject is to immerse students in sustainable finance in international practice, from sustainable lending, green bonds, renewable energy, innovative structured products and impact investing. Across these markets, key legal concepts, structural features and documentation are covered in detail. By engaging in-depth, through term sheet negotiations, and pitches 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 organisations, to help you become ‘more than a lawyer’. Indicative list of principal topics: The Sustainable Development Goals, the evolving regulatory framework of sustainable finance, and implementation by banks, development institutions, funds and corporates in international practice Understanding the structural features of sustainable lending, including sustainability-linked loans (SLLs) as well as inclusive finance, along with the relevant principles and contentious issues in negotiation Thoroughly analysing and comparing the green, blue, orange, social and sustainable bond structures and terms, including social impact bonds, bond linked to sustainable performance, as well as their challenges in practice Negotiating and mastering the negotiation of key terms of renewable energy project finance The implementation of impact investing in fund management and private equity, in day to day practice How structured finance can further sustainable goals, for instance through refugee finance, vaccine bonds, drought risk transfer and microfinance securitisation The litigation challenges in sustainable finance for both investors, issuers and ‘green’ rating agencies, for instance the risk of mis-selling ‘green’ products, and how to address this and other risks in documentation as well as through strategic means. 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' loans supported by security interests and guarantees to more complex title-based transactions, including assignments, leases and securitisations, and the use of credit derivatives. The subject also discusses the Australian Personal Property Securities Act. Indicative list of principal topics: 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 Communications Law subjects 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. Indicative list of principal topics: 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 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 Whilst the High Court has recognised and applied an implied constitutional guarantee of freedom of governmental and political communication, speech on matters of public interest in Australia remains subject to a wide range of legal limitations, many of which would be struck down as unconstitutional in other common law jurisdictions. This subject explores the limitations on free speech that arise as a result of proceedings and processes initiated by arms of the state and prosecutorial authorities: legislative, executive and judicial, and from censorship of sexually-explicit material to restrictions applying to the advocacy of terrorism. Those restrictions profoundly affect the material that may be published by the media. It is the impact of the current restrictions on free speech on both the media and on non-media elements of civil society that are the focus of this subject. Taken individually and collectively, these regimes limit the access of Australians to speech that matters. This subject provides an examination of Australian law affecting the media’s ability to report the courts, the executive and parliament. This subject examines legal aspects of entertainment,an industry that has become largely internationalised. Technology now allows even local performers and distributors to reach audiences around the world, raising important issues and questions about which law applies in which jurisdictions. While some of these legal issues can be addressed in advance through agreements, doing so requires lawyers to have a firm grasp of the legal options available across multiple legal systems. Consider the performer Rosé, born in New Zealand and raised in Australia. She is a member of the globally active K-Pop group Blackpink based in South Korea. As a group member and a solo artist, she operates across a range of legal environments and activities. Her legal team, and the lawyers for those with whom she works, must navigate complex international choice-of-law questions. This subject pays particular attention to the United States, given its significant influence on global entertainment practices, while also examining questions of law in Australia and other jurisdictions. Case studies and examples are drawn from the fields of music, book publishing, visual and performing arts, and the various digital and physical media through which artistic content is distributed. A central theme will be the relationship between artistry and industry – how creative expression is supported, shaped, and constrained by commercial imperatives. Entertainment lawyers typically represent either the artists or the business interests behind their work. The two sides’ short-term goals may differ, but they share the ultimate goal of bringing creative works to audiences while generating enough revenue to sustain the process. Indicative list of principal topics: Distinction between the artistic entity (example: a band) and the legal entity (example: a partnership) Stakeholders inside and outside the industry, including fans Intellectual property and misappropriations: copyright and neighboring rights, moral rights, trademark rights, publicity rights, passing off, trade secret protection, and unfair competition Contracting in the entertainment industry such as licensing, joint ventures, publishing, concert touring, and character merchandising Technological developments, especially those involving digitalization and online platforms Jurisdictional questions and choice-of-law issues Privacy and publicity: what’s the difference? Do all countries treat them the same? 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 who have had extensive practical experience acting for both providers and purchasers of such products and services. Indicative list of principal topics: Alternate dispute resolution of information technology disputes 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 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). A free and independent press is a core component of any healthy democracy. National security too is critically important: it ensures the continued existence of the state and safety of its people. Over the course of the 21 st century, however, the relationship between press freedom and national security has been placed under increasing strain. This is certainly the case in Australia, where more counter-terrorism laws have been enacted than anywhere else in the world, and we remain the only liberal democracy lacking codified national protection for free expression or, relatedly, press freedom. In Australia and elsewhere, governments face the challenge of protecting national security without unduly encroaching on free speech, press freedom and other basic rights and liberties. This course explores these challenges through a public law lens. By breaking down the nature and importance of press freedom (and related rights, liberties and democratic values) and national security, and understanding the processes and frameworks around each, this course equips students with the intellectual and research tools to critique the effectiveness and impacts of national security law and policy, and to advance arguments for and against reform. Core themes of central importance in the modern national security and media environments emerge for discussion and debate. Indicative list of principal topics: Who is the ‘press’? What is its role in a democracy, and what does press ‘freedom’ require? How far should governments go in protecting national security? How might basic values like free speech and public accountability be threatened and preserved in the national security context? To what extent does security require secrecy? Who should be responsible for determining what information ought to remain secret, and on what basis? Does the press have an oversight role to play in respect of national security agencies, actors and actions? How have, and should, governments respond to complex issues, including: The publication of leaked security-classified information; Public sector (including intelligence) whistleblowers; Criminal prosecutions based on sensitive national security information; Widespread use of encryption technologies (including by criminals and journalists), and; The prospect of journalism-based defences to national security offences; and The democratic need for government secrecy and accountability. Course content focuses on Australia, though will also be given to developments in a global context, including for the major research essay. The internet has given rise to new modes of communication. Services such as Netflix, Facebook and Google pose significant challenges for traditional models of communications regulation. At present, traditional media are arguably among the most heavily regulated sectors of the Australian economy, yet new media services go largely unregulated. This subject examines the conflict between traditional regulation of old and new media. Australia’s current regulatory arrangements arose in the 1990s and reflect the structure of the electronic communications industries at that time – focusing on the separate and highly prescriptive regulation of broadcasting and telecommunications. The current regulatory framework is fragmented and complex, and covers not only technical issues but also sector-specific competition, content and ownership rules. Since the 1990s, however, the communications environment in Australia has undergone a period of rapid and profound change. The emergence and ubiquitous adoption of the internet as a mass communications system has provided new opportunities for Australian publishers and audiences by dismantling traditional technological, economic and regulatory barriers to entry. From national security to sport, this revolution in communications has profound policy issues for national regulation in a global communications environment. Indicative list of principal topics: What is communications law? (including different regulatory approaches) Regulation of communications services, including radio, television and internet services Australian content rules Control and ownership of broadcasting and communications enterprises Pay TV and the anti-siphoning regime Competition in telecommunications (including regulation of anti-competitive practices, NBNCo and the structural separation of Telstra) Interconnection law and policy Spectrum allocation (including licensing and spectrum auctions) Consumer protection issues Regulation of internet content Regulation of new services and technologies, including convergence of media and Australian content requirements. 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 (including online programs of a similar episodic structure and duration expected by television audiences, but which are distributed by online streaming). 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 lecturers in the subject have worked as in-house counsel at an Australian television network, and in private practice acting for independent producers,adding to the practical relevance of the subject. Indicative list of principal topics: 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 Use of musical works and sound recordings 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. In this subject, you will 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. Indicative list of principal topics: 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. Competition and Consumer Law subjects 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. Important note on delivery The teaching and learning activities in LAWS90066 Abuse of Market Power run online across an 8-week extended study period. This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator. Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities. 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 explores the 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. Indicative list of principal topics: 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 Australian Consumer Law, Australian Securities and Investment Commission Act 2001 (Cth) and the National Consumer Credit Protection Act 2009 including: 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 This subject will provide students with an in-depth understanding of the legal rules and economic principles underpinning the review of mergers and acquisitions in Australia. Around the world merger law is topical, with concerns about increased concentration and acquisition of potential start-up competitors, particularly in the fast-evolving digital space. In this subject you will examine how the competitive effects of different types of mergers are assessed in Australia, including the circumstances in which mergers may be authorised. We will examine the processes involved in merger review, as well as the penalties for contravention. The subject will also examine proposals for reform of Australia’s merger review laws and processes. As the Australian Competition and Consumer Commission (ACCC) continues to advocate for substantial changes to our nation's merger laws, this subject presents a unique opportunity to delve into the nuances of Australian merger law's current and potential future application. Indicative list of principal topics: Merger law and processes The economics and analysis of horizontal, vertical, conglomerate and digital mergers and ecosystems Authorisation of mergers in Australia and other merger remedies Merger reform proposals Merger reform proposals Important note on delivery The teaching and learning activities in LAWS90287 Australian Merger Law run online across an 8-week extended study period. This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator. Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities. 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, dividing 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 in recent years. 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 considers the economic principles relevant to collusion (or horizontal restraints). 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. Important note on delivery The teaching and learning activities in LAWS90074 Cartels run online across a 4-week extended study period. This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator. Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities. This subject offers an in-depth examination of China’s competition law regime, with a particular focus on the Anti-Monopoly Law, its implementing regulations, and landmark enforcement decisions. Since its enactment in 2007—and subsequent amendment in 2022—China’s competition law has undergone rapid development, positioning the country alongside the United States and the European Union as a major global competition jurisdiction. Students will explore key areas of substantive and procedural competition law, including monopoly agreements, abuse of market dominance, merger control, administrative monopoly, and anti-monopoly procedures. This subject will also consider the application and the enforcement of competition law in evolving domains, such as intellectual properties and the platform economy. Case studies will include milestone decisions from China such as those involving Qualcomm, Tetra Pak and Alibaba; and from the EU including Microsoft and Google, as well as Google and Apple from the US. These will be used to illustrate the practical operation of the law and its economic and political implications. We will also take a comparative analysis throughout the subject, enabling students to contrast the Chinese approach with that of other major jurisdictions, particularly the European Union and the United States. This subject is designed to equip students with the critical tools necessary to navigate the regulatory landscape of China’s competition law—an increasingly indispensable competency for legal professionals engaged in global commerce and regulatory practice. Most important, it also aims to deliver student a comparative perspective on the major developments across the world. Indicative list of principal topics: General introduction to competition law Monopoly agreements Abusing dominant positions Merger control Administrative monopoly and fair competition review Competition law enforcement Competition law and intellectual properties Competition law and platform economy Digital markets are affecting many aspects of our lives, transforming products, services, terms of trade, and even employment markets. The rising importance of big data, algorithmic decision-making, and online platforms create complex regulatory challenges for ensuring that the digital markets increase welfare. Competition law has an important role to play in this digital eco-system. Accordingly, this subject explores the complex challenges that digital markets pose to competition law. To do so, this subject will first analyse the unique characteristics of the digital environment and how they affect market dynamics. It will then analyse the main challenges to competition law, including coordination through algorithmic interactions, market power based on big data, abusive conduct by platforms and intermediaries, and defining markets and market power in digital eco-systems. It will also explore the intersection between competition, consumer protection and privacy, which is raising important institutional questions for the allocation and coordination of regulatory responses. This subject will explore global developments in this complex and fast-moving field. Drawing on the latest literature and major cases and inquiries, it will equip students to critically engage with and meet the challenges posed for business and its advisors and for policymakers, regulators and law enforcers in digital markets. This subject is led by two of the world’s competition law experts, with particular expertise in the regulation of digital markets. indicative list of principal topics: Analysing the special characteristics of digital markets and the unique market dynamics they create, including: Defining Big Data Analysing the dynamics of Big Data markets, including entry barriers and network effects Exploring advancements in algorithmic decision-making, including machine learning and deep learning Debating the competitive significance of algorithmic decision-making based on Big Data Exploring the role of digital intermediaries, including platforms, in the digital eco-system Analysing the unique challenges that digital markets pose to competition law enforcement, including: Increased coordination through algorithmic interactions Market power based on big data Abusive conduct by platforms and intermediaries Defining markets and market power in digital eco-systems Big Data and merger review Challenges created by the bundling of different products and services in the digital eco-system Analysing the intersection between competition, consumer protection and privacy 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. Important information about this Subject This subject is a pre-requisite for some competition and consumer subjects in the Melbourne Law Masters. We recommend students enrol in this subject when they first start their program of study. Students who do not have a law degree from a common law jurisdiction must also complete Fundamentals of the Common Law (LAWS70217). It is strongly recommended this subject be taken towards the start of the course. Important note on delivery The teaching and learning activities in LAWS90065 Competition Law and Economics run online across an 8-week extended study period. This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator. Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities. 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 course will cover the interface between international trade and competition policy and include a discussion of the various initiatives 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 to reform the World Trade Organisation, the Comprehensive and Progressive Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership and the Regional Comprehensive Economic Partnership will be discussed. Indicative list of principal topics: 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. In addition to lectures, group discussions and student presentations, case studies drawn from the WTO Dispute Settlement Body will be used to show “real world” examples of the challenges policy makers face in resolving cross border trade and competition issues. In this capstone subject students will conduct in-depth research and produce a substantial research paper on a topic relevant to competition and consumer law. Students will be individually supervised in their research by a subject coordinator, including in relation to the identification of their research topic and methodological design. It will be open to students to formulate topics and draw on methods aligned with their disciplinary background and interests. Students will be expected to undertake a project that investigates research questions and draws on research methods informed primarily by their particular disciplinary background. Students will master sophisticated research and analytical techniques in conceptualising research frameworks, drawing on and synthesising extensive theoretical and comparative material to enrich their analysis and conclusions and exploring at an advanced level the legal, economic and practical implications of their findings. The subject will involve students in presenting their research project and being tested by an expert on their research methods, analysis and conclusions in an online workshop. Note: This capstone subject is only available to students admitted to the Master of Global Competition and Consumer Law or the Master of Laws who have completedCompetition Law & Economics LAWS90065 and at least three other subjects from the Global Competition and Consumer Law specialisation. Important note on delivery The teaching and learning activities in LAWS90073 Research in Competition & Consumer Law run online across an 8-week extended study period. This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator. Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities. Construction Law subjects 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. Indicative list of principal topics: 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. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. 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. In this class we discuss the active resolution of disputes in construction projects by mediation and other alternative dispute resolution processes, as well as international and domestic arbitration and litigation processes. Our subject also involves guest lecturers who have specialist, cutting-edge experience in dispute avoidance and alternative dispute resolution techniques. Indicative list of principal topics: 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. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. Australia is one part of a global movement toward clean energy, including energy generation, supply chains and transportation. The kinds of projects being delivered are diverse, including those required to produce clean energy, and all ‘supporting’ projects crucial to the energy transition such as storage and mining. A few examples include: ‘big batteries’, both artificial (such as lithium-ion battery terminal stations), natural (such as pumped hydro) and hybrid (such as compressed air energy storage) storage solutions hydrogen generation and supply chains ancillary industries including electrolyser manufacturing and ammonia production facilities wind farms, both onshore and offshore industrial scale solar arrays carbon capture and storage technologies increased transmission interconnectivity, including overland transmission lines and subsea transmission cables projects which combine these elements (eg solar or wind farms in a remote location, linked to the place of supply by subsea cables). The law (private and public) and practice relating to the successful planning, procurement, risk allocation and delivery of these projects is equally diverse and evolving. Certain aspects of that law and practice is unique to Australia, however Australia's clean energy future is part of global technological ecosystems and supply chains, and global trends continue to influence the legal and practical issues arising from these kinds of projects. This subject seeks to provide students with an understanding of the private and public law affecting these projects individually, and the overarching themes that connect these projects as part of a global trend. This subject seeks to equip lawyers and industry professionals with the expertise required to provide appropriate advice, or suggest regulatory reforms, in relation to projects in the clean energy transition. In particular, it will explore the issues which arise due to the untested technologies implemented in this transition, a new and evolving landscape of regulatory frameworks, and ancillary issues such as supply chain security, local community engagement and the rise of governments mandating ‘friend-shoring’. The subject will take students through a life cycle of a clean energy project from initiation through to resolving disputes and decommissioning. Indicative list of principal topics: Introduction to the clean energy transition and overview of the kinds of projects that are involved. Project funding, equity and ownership structures, insurance issues on projects involving nascent international supply chains and cross-border joint ventures. Planning, approvals and environmental regulation, and project envelope, including various Australian state/territory and Commonwealth environmental and planning regulatory regimes, land rights and water access issues, and potential application of royalty regimes. Procurement and contracting models, risk allocation issues and delivery risks on a project type-by-type basis, including hypothetical risk scenarios and lessons learned from Australian and international jurisprudence. Transmission and connectivity issues, such as high-voltage above ground transmission, subsea cables, trucking and pipeline reform, such as State-based pipeline legislation and Commonwealth Heavy Vehicle National Law and Regulations. OH&S framework, including Safety on-site: construction sites, sites involving handling of dangerous substances, and Australian state/territory-based dangerous goods legislation. International investment and trade, including Investor-state dispute settlement and international shipping standards for nascent assets (eg, liquified hydrogen) and the UN Convention on the Carriage of Goods by Sea. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. This subject is designed to develop and enhance students’ abilities to draft, analyse and administer construction contracts at an advanced level. It does this by reference to three themes. The first theme is the common law approach to written contracts. This begins with the techniques that courts and arbitrators use to interpret express contractual terms. It extends to the processes that courts and arbitrators follow to determine whether a contract includes any implied terms. This knowledge is vital throughout the life of construction projects, from negotiations, to contract administration, to formal disputes. Students will explore the relevant law by close reference to leading cases from Australia and the common law world. The second theme is good legal writing. The focus is plain language drafting and its principles of structure, simplicity and clarity. These principles apply to formal contractual drafting, but also to the drafting of contractual specifications and everyday correspondence. There will be opportunities for students to apply these principles. The final theme is the rigorous study and comparison of standard form construction contracts, including a Standards Australia contract and a FIDIC contract. Students will be expected to take a critical approach to the drafting and risk allocation of each contract. The main areas of risk allocation considered will include: Performance security Latent conditions The superintendent Quality and defects Time Variations Payment Dispute resolution Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. 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. Indicative list of principal topics: 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. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. 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. Indicative list of principal topics: 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. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. This subject provides a detailed overview of construction law, practice, and dispute resolution 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 advanced understanding of the key features of these topics in 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 jurisdictions with reference to: Foundations of international business operations, infrastructure development, financing, and legal frameworks, with a focus on Asian markets and global dispute resolution trends. Hong Kong's legal and contractual landscape, dispute resolution mechanisms and the NEC (New Engineering Contract). Singapore's business, legal, and development landscape, public-private collaborations, and sustainable practices. Taiwan’s legal framework, risk management, procurement, and dispute resolution mechanisms. Korean construction law and practice, industry fundamentals, procurement and contracts, civil law, and public-private partnerships. Legal, regulatory, and operational aspects of doing business and carrying out construction projects and resolving disputes in China. Detailed case studies on financing, construction, and dispute resolution for the Beijing No. 4 Metro Line, Seoul's Anhwa school project in South Korea, New Engineering Contract (NEC) water and road projects in Hong Kong, Taiwan's High-Speed Rail project connecting Taipei and Kaohsiung, and the Singapore Sports Hub project. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. Risk and insurance are at the heart of all construction projects, yet their role and detailed provisions are often misunderstood, leading to significant losses and disputation. The already-sophisticated contracting landscape has, in recent years, been made significantly more complicated by the introduction of proportionate liability reforms. This subject will examine these issues with particular emphasis on how risk can be managed to minimise losses. The lecturers are expert navigators in relation to these complex issues. They have leading-edge expertise in advising on risk, security for performance and insurance in the construction context. Indicative list of principal topics: Identifying risk in a construction project and how various industry participants (including principals, contractors, designers, professional advisers, insurers, security providers, and statutory and government authorities) may bear responsibility Philosophies and commercial drivers affecting risk allocation in construction contracts and consultancy agreements, and how these are reflected in standard forms Security for performance mechanisms, including cash retentions, unconditional undertakings, parent guarantees, insurance bonds, adjudication bonds and other instruments Insurance products available to the construction industry (including public liability, works insurance and professional indemnity insurance) and the law relating to them, including regulation by legislation, common law principles and treatment under standard-form construction contracts and consultancy agreements Proportionate liability regimes (including Part IVAA of the Wrongs Act 1958(Vic)) and their impact on contract risk allocation. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. Increasingly, construction lawyers and professionals earn their living working internationally. In so doing, they not only transition legal systems and encounter different approaches to their practice, they also become exposed to the challenges of working with stakeholders from different national cultures. National culture is seen as a contentious, intangible and immutable phenomenon, particularly in the international construction sector, and is often only considered at a superficial level and very often consigned to the “too difficult tray”. This subject provides an in-depth understanding of the influence of national culture in the context of a number of troublesome issues that repeatedly manifest themselves on construction projects whether in relation to procurement strategies, commercial risk management, time and money claims or dispute resolution. The subject explores the necessity for national culture (and culture more broadly) to be considered in the adoption of potential solutions to these troublesome issues; explores the hegemonic theories relating to national culture and explain why these theories are of limited efficacy in relation to many of the troublesome issues on international construction projects; unravels the tangle of national culture complexity that industry practitioners often experience on international construction projects and will provide students with a theoretical construct to enable them to manage these troublesome issues more effectively; and sets out a theory, grounded in industry, that enables students to understand whether or not national culture is the root cause of the problem and, if not, what the potential solutions to the problem might be. Using innovative teaching and learning approaches (including Object Based Learning and 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 draw extensively upon authentic research and industry experience that captures global perspectives on the subject matter including the use of live case studies from projects in Asia, Europe, the Middle East and South America. Indicative list of principal topics: National culture and the tribal nature of the international construction industry. 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. More effective approaches to the preparation and evaluation of time and money claims on international construction projects including forensic delay analyses. The potential of the digital transformation, in terms of, for example, Smart Contracts, Building Information Modelling (“BIM”) and other digital / sociolegal interventions to change the culture of the international construction industry in a construction law and practice context and how the digital transformation and these interventions could be utilised to avoid and resolve disputes. The influence of national culture on the commercial and legal aspects of international construction projects and the application of a constructivist grounded theory approach to enable practitioners to manage the perceived challenges of national culture more effectively. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. 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. Indicative list of principal topics: 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 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 and collaborative contract models) 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. If this area of study interests you, LAWS70139 International Construction Law, LAWS70450 Global Perspectives on Construction Law and LAWS70314 Principles of Construction Law have both been designed to cater to students from a variety of backgrounds. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. Delay and disruption are endemic in the construction industry and lead to time and cost overruns. No construction project or construction professional is immune to the effects. When delay or disruption occurs, the issues of establishing the parties’ respective liabilities and entitlements, quantifying the period of delay, the effects of disruption, and the quantification of the resulting financial loss in accordance with the contract and applicable law is complicated. This subject is designed to give students an advanced and integrated understanding of the law in relation to delay and disruption in construction and engineering projects in Australia and internationally. Indicative list of principal topics: Delay and disruption – the distinction Extensions of time regimes and liquidated damages (including cross-jurisdictional perspectives and reform opportunities) Purpose and benefit of an extension of time Notices Time at large The prevention principle Float Types of delay (excusable, non excusable and concurrent) Delay analysis What is delay analysis? Methods of delay analysis Quantification of loss caused by delay Direct additional costs Preliminaries / site overheads Off-site / head office overheads Loss of profit Inflation Finance charges / interest Interest Quantification of loss caused by disruption What is disruption? Entitlement to payment for disruption Methods to assess loss caused by disruption Acceleration Record keeping in relation to delay and disruption, including deployment of modern technologies Global claims for delay and disruption What are global claims Are global claims permissible Causation based on inference Proving a global claim Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. The delivery of major infrastructure, 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. Indicative list of principal topics include: Project scoping from feasibility to design, including examination of recent studies on procurement practices and a simulated workshop on procurement models and how they respond to risks and opportunities 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 planning and strategies 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. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. 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. Indicative list of principal topics: 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. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. This subject is designed for construction law students without prior legal training (the alternate subject LAWS70176 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. Indicative list of principal topics: 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). Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. 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 infrastructure industry and its legal advisers. This subject is designed to equip students to respond to this challenge. Indicative list of principal topics: Historical perspectives on private involvement in the delivery of public infrastructure, how it has changed over time and lessons learnt. The PPP family, and the different categories of PPPs within the family. The differing objectives of the various participants in a PPP. The benefits and challenges associated with privately financed PPPs, and how PPPs can be improved. The role of Australian governments (Federal, State and Territory) in PPPs. How PPP policies fit within the broader government policy framework for investing in and managing infrastructure assets. The role of government in developing nations in creating a PPP enabling environment. Funding and financing mechanisms, including government funding, private finance and value capture. PPP risk allocation, including how it is evolving in response to current trends and pressures in the Australian market. The matrix of contractual documents required for a privately financed PPP, including Government Project Agreements, Debt Financing Document, Equity Documents, Sub-Contracts, Tripartite Deeds, Interface Agreements and the like. The procurement process for PPPs, including how to manage a PPP bid. Dispute resolution on PPP projects, including linked claim provisions and equivalent project relief provisions. Other legal issues unique to PPPs including the legal enforceability of abatement regimes, the application of security of payment legislation, ipso facto provisions, transparency and disclosure obligations. Managing PPP contracts through the delivery, operation and handback phases. Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. Construction projects produce difficult legal questions about remedies. Practitioners need to be confident in their understanding of the remedies available under many causes of action. This understanding is greatly beneficial in construction disputes, but also in the negotiation and drafting of construction contracts. The lecturers’ experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers. Indicative list of principal topics: Damages for breach of contract (including for defective work) Penalties (including liquidated damages) Remedies under the Australian Consumer Law Quantum meruit claims Remedies for proprietary torts Equitable remedies for breach of fiduciary duty Temporary injunctions Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. Every year, about half of the value of construction activity in Australia relates to the construction and renovation of dwellings. The law relating to this activity is complex and multi-layered, involving difficult policy questions and significant statutory and regulatory intervention. These impact throughout the community. Despite this, residential construction law has, until recently, received relatively little attention from the majority of construction law practitioners. This subject seeks to address this deficiency and introduce students to an evolving area of construction law in a comparative context. Its focus is on Australia (primarily Victoria) but perspectives are offered from other members of the common law family of legal systems. The subject lecturers are Dr Matthew Bell (whose PhD was on residential construction regulation) and Suzanne Kirton (Judge of the County Court and Vice President of VCAT, with extensive practising experience in residential construction law). Indicative list of principal topics: The regulatory problem of residential construction Common law rights and remedies The legislative and regulatory response The contractual matrix for residential construction Key issues in bringing residential construction claims How a residential building dispute is resolved in Victoria Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. This subject will explore construction project risk in an expansive and holistic way, offering students the opportunity to understand the political and commercial drivers that not only inform the allocation of risk but, also, influence the culture of the construction industry more generally. As many recent studies have highlighted, it is these cultural issues which are at the heart of many of the ills faced by construction procurement; this subject provides a uniquely valuable opportunity to diagnose those ills and to consider ways of addressing them. Students will study what construction and project risks are, as well as (often overlooked) behavioural and documentation risks. Students will develop an understanding of the various approaches – philosophical, theoretical and commercial – for measuring and allocating risks between the parties involved in a construction project. The subject encourages students to contemplate reform in the way that the construction industry approaches risk by interrogating whether current construction law, construction contracts and habits and behaviours are adequate and appropriate for the efficient and cost-effective management of risks. Indicative list of principal topics: What is ‘risk’? Philosophy of risk allocation Stakeholder views of risk (private sector principal’s, government’s, economists’, contractors’, consultants’, financiers’ etc) Collaborative risk management ‘Megaproject’ risk (including public private partnerships) The insurance interface Emerging risks (eg pandemics, climate change, trade wars) Industry behaviour and culture Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide. Corporate Law subjects This subject focuses on the legal context and considerations of property, crime and financial liability insurance, including categories of loss and liability, disputed coverage and claims handling issues. The course is relevant to operational business risk management and will cover insurance products such as material damage and resultant business interruption, public and products liability, professional indemnity, errors and omissions, crime and trade credit insurance. This subject has an Australian focus. Indicative list of principal topics: What is insurance and how does it work? How does it compare/contrast with other modes of risk transfer/funding? Commercial property and business interruption insurance Public and product liability insurance: the nature of "occurrence-based" liability insurance Financial liability insurances, professional indemnity and directors & officers insurance (PIDO), errors and omissions insurance (ENO), civil liability Trade credit, insolvency insurance and cyber-risk insurance Strategies and tactics for dealing with insurers: resolving underwriting and claim disputes Corporate governance is of national and international importance. This subject examines 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. It has a focus on listed companies and the relationship between governance and control. Indicative list of principal topics: The role of industry corporate governance guidelines including the Australian Securities Exchange (ASX) Corporate Governance Principles and Recommendations ESG Disclosure Remuneration The division of power between the board and the general meeting Corporate control and governance Directors’ duties, including: 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 Duties to avoid conflicts of interest and account for secret profits Statutory duties Consequences of breach and relief from liability 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. But several parliamentary and other enquiries have highlighted its shortcomings, and the effectiveness of recent law reform initiatives remains to be seen. This subject is of particular relevance to practitioners whose work involves insolvency and related issues—whether from the ‘back end’ (eg litigators) or ‘front end’ (eg transactional, banking or property lawyers). Indicative list of principal topics: Foundations of insolvency law: history, philosophy, policies and principles The meaning of “insolvency”; winding up, the powers and functions of liquidators Distribution of assets: pari passu; the ranking of claims; priority creditors; the effect of security Avoidance of antecedent transactions; combatting “phoenix” activity Insolvency of corporate groups: directors’ duties; insolvent trading; pooling Voluntary administration and deeds of company arrangement (DOCAs) Receivership: intersection with other insolvency regimes Restructuring and rescue: schemes of arrangement, DOCAs, and informal mechanisms. As well as the subject prerequisites, students are expected to have some background knowledge of the subject matter before enrolling. Prospective students should have previous study in corporations law or have undertaken substantial pre-subject reading. It is recommend that students have a general familiarity with the formal regimes (i.e. liquidation, administration and receivership) and relevant statutory provisions as a backdrop against which to consider the topics and issues we will cover. This subject focuses on the law and practice of complex corporate transactions, including debt and equity financings, amalgamations, acquisitions, divestitures, schemes of arrangement, and corporate restructurings. Special emphasis will be placed on the analytical, drafting, and negotiation skills central to serving as a transactional attorney. The jurisdictional focus will be Australia, Canada, and the United States, as well as other common-law jurisdictions. Notwithstanding this subject’s practical orientation, discussion and materials will also address legal, economic, and even political theories that can help us understand how corporate transactions are structured and executed. Indicative list of principal topics: corporate governance; corporate finance; venture capital; mergers and acquisitions; asset and share purchase agreements; amalgamations and schemes of arrangement; takeover bids; defensive tactics; further market considerations. This subject examines the law governing the registration, regulation and termination of corporations in Australia. It will explore a range of theoretical and practical issues concerning the corporation and its participants, with a particular emphasis on corporate law in practice. Indicative list of principal topics: Introduction to the historical, theoretical, legal and constitutional basis of corporations and corporations legislation The corporate constitution Financing the corporation Directors’ and officers’ duties Shareholders’ remedies Aspects of corporate insolvency. 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. Indicative list of principal topics:: 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. Digital Law and Technological Innovation subjects Algorithms are used by public and private bodies to make decisions that govern our lives in significant ways: our healthcare and social welfare entitlements; our educational achievements, jobs, and pay; whether we are subjected to increased police scrutiny, or sent to prison (and for how long). Those algorithms often draw upon patterns in data about large groups of people to predict the future actions, needs or characteristics of specific persons. A great deal has been written about the risk of bias and discrimination, understood as the systematic propensity to single out individuals or groups for poor treatment. But what do we really mean when we use those terms? Are there other reasons to worry about predictive algorithms that are not about equality or relative treatment – reasons, for instance, to think that we should not punish people on the basis of facts about their family history or social circumstance? This subject considers what’s at stake for individuals when we are subjected to automated decisions, and the role that the law plays or can play in helping to ensure that algorithms are not used to create or perpetuate injustices. Indicative list of principal topics: Relevance - What does it mean to make a “good” decision? Equality - Why does inequality matter, and how do algorithms fare? Choice - How do algorithms affect the control that we have over our lives? Transparency - Can we really figure out whether algorithmic decisions are just? Privacy - Do algorithms cross the line? The “administrative state” is the combination of many agencies and bureaucratic institutions exercising the practical power of government. It is traditionally aligned with the executive branch, and is subject to administrative law. But the administrative state is undergoing significant change in many Western liberal legal systems, due to the rapid uptake of algorithmic tools and decision support systems. For example, the United Kingdom’s Home Office used an automated system to make initial decisions on people’s visa applications, in a process that was later found to introduce racist discrimination. Where will these changes lead us? How does the turn to artificial intelligence (AI) further the aims and activities of the executive branch of government? In what ways does AI introduce tensions and conflicts, and how is it connected with broader transformations—intended and unintended? In this subject, students will gain knowledge of the technical systems being deployed in the administrative state today, as well as a broad overview of the impacts of algorithmic technologies. These include changes to decision-making, organisational change, the evolution of administrative processes, and involvement in transformative ideas like “government as a platform”. These changes will be considered in light of emerging public law and broader regulatory frameworks, including shifts in public law doctrine and fundamental principles. Students will also have the opportunity to consider bigger-picture effects on the rule of law, legitimacy and authority, public values, and changing modes of evaluation that accompany hybrid human-machine systems. The administrative state has always been a hybrid of political, technical and legal form – combining professional bureaucracy, scientific management and efficiency goals with political and normative theory, doctrinal law and resonant social values. Amidst contemporary debates over AI ethics, fairness and safety, the administrative state is a uniquely important site for examining the impact of data-driven algorithmic technologies on democratic institutions and public values. We will make regular reference to the Australian content, but examples and issues for discussion will be drawn also from the UK, USA, and the EU. Cybercrime law covers both the substantive law governing crimes committed using a computer and the procedures through which investigators can collect digital evidence. Cybercrime offences include computer misuse crimes and traditional crimes that are facilitated using a computer, such as fraud, theft, and possession of child abuse materials. The globalised nature of the internet raises numerous jurisdictional issues concerning which state should investigate and prosecute cybercrime as well as issues for evidence gathering in the digital environment. This subject primarily focuses on Australian law and international cooperative instruments, particularly the Budapest Convention on Cybercrime, which is aimed at controlling cybercrime and facilitating digital investigations across borders. This subject also considers comparative laws in the UK, EU, and USA, especially within the context of international cooperation on policing cybercrime and digital investigations. Indicative list of principal topics: The Australian legislative framework for regulating cybercrime Computer-integrity offences, including illegal access, illegal interception, and illegal devices Computer-facilitated offences, including fraud, forgery & theft; intellectual property offences; indecent materials and child abuse Communications offences and online safety Digital investigations and investigatory powers Challenges for digital investigators, including computer, network, and device forensics and encryption International cooperation in coordinating prosecutions, extradition, and evidence gathering New international cooperative agreements for cross-border digital investigations, including the Australia-US Agreement under the CLOUD Act, the EU e-Evidence Regulation, and the Second Protocol to the Budapest Convention. This subject critically explores the intersection of international law and Artificial Intelligence (AI). We conceptualise AI as an ‘Algorithmic Leviathan’ – a powerful force reshaping global power, economies, and societies. Rather than a regulatory void, the course examines how existing international legal frameworks (in trade, human rights, humanitarian law, etc.) grapple with AI’s multifaceted impacts – from its resource-intensive creation and data extraction to its deployment in autonomous systems and decision-making. You will critically analyse attempts to govern AI, considering the interplay between states, corporations, and the risks of ‘regulatory capture’. The subject also explores AI’s potential to serve international law’s goals, such as enhancing access to justice, while remaining vigilant about biases and ethical challenges. Through lectures, discussions, and hands-on AI tool exercises (no coding background needed), you will develop a sophisticated understanding of how international law is responding to, and being reshaped by, AI’s advance. Indicative list of principal topics: Introduction: AI as a Force to be Governed? (Concepts, History, Critical Framing) International Law’s Encounter with AI: (Sources, Subjects, Responsibility, Jurisdiction) AI's Material Costs: (Resource Extraction, Environment, Labour, Trade Law - for example, China - Rare Earths) AI's Data Demands: The Data Mine (Information Extraction, Privacy, Data Flows, Human Rights Law) Governing AI: Regulation, Competition, and Capture (Global Governance Models, EU AI Act, Treaty Efforts) AI on the Battlefield: Autonomous Weapons, Targeting, and International Humanitarian Law Rules as Data: AI, Treaty Interpretation, and Legal Knowledge Management AI and Information Warfare: State Responsibility and Human Rights Implications Algorithmic Justice? AI in International Adjudication, Decision-Making, and Bias Mitigation AI Futures: Collective Rights, Deliberative Democracy, and the Evolving Role of the International Lawyer Generative AI has rapidly emerged across society, with much speculation about the opportunities and threats it poses. As a technology that fundamentally accepts natural language instruction, has an ability to reason on that language, and provides natural language output, there are parallels with the work performed by legal practitioners— who receive client instructions, apply legal expertise with the intent to achieve some outcome, and ordinarily provide a written output in the form of a contract, an advice or a submission. Advancements in tools that abstract away a lot of the underlying complexity mean that you no longer need to be a "software developer" to develop powerful, practical programs. Increasingly the focus is on having the domain expertise and imagination, rather than the technical skill. To best make use of the current capabilities of this technology, and to form a view on where it might lead, there is no substitute for lifting the hood and using the core components to build practical outputs. This provides a depth of understanding that cannot be obtained by theoretical study alone. Society will require legal practitioners who are able to understand, build, and critique the machinations of programs that use artificial intelligence (in particular, Generative AI). Accordingly, this timely and hands-on subject provides a much-needed set of tools for those engaged with law and technology: it steps through how to build Generative AI based programs for legal solutions, giving students an opportunity to put that learning into practice and become leaders in AI within their chosen career area. Indicative list of principal topics: Programmatic Access to Large Language Models Information Architecture Developing Applications Measuring and Improving Performance Online platforms are under increasing amounts of scrutiny, with states increasingly seeking to regulate the digital sphere. Online harms are a key target of these legislative interventions and pose unique challenges in the regulation of online content. Campaigns of disinformation and manipulation have plagued democratic elections, instances of ‘fake news’ have caused harm to public health, charities and governments alike have struggled to deal with the increase in online violence and abuse, and technologies pose new methods for bullying and harassment. However, regulating harmful content online is not a straightforward task. The global nature of the internet, the relative dominance of platforms, the volumes of content posted, and the complex and disparate nature of the different types of harm has made it difficult to develop effective regulatory frameworks. Regulatory approaches must be balanced against fundamental rights such as the right to freedom of expression and other policy interests, such as promoting competition and protecting data privacy. This subject will enable you to develop a critical understanding of the framework of laws regulating online harms, considering legal, policy, social, and ethical interventions. The subject will look at several overseas jurisdictions to assess wider patterns in online harms regulation and consider future developments, both in Australia and around the globe. Indicative list of principal topics: The development of online harms regulatory frameworks in jurisdictions including Australia, the UK, EU, USA, and Singapore. The responsibilities of private actors in the regulation of online harm. Key techniques which are mobilised to address harmful and illegal content, including content moderation and the use of algorithmic recommender systems. Challenges to the regulation of online harms presented by technologies such as encryption and age verification. How the law distinguishes between illegal and harmful content. How breaches of online harms regulation are enforced and what sanctions may result. Dispute Resolution subjects 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. Indicative list of principal topics: 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. Negotiation is an essential skill-set for lawyers and the legal profession. Due to negotiations by lawyers, many civil and criminal law cases are settled before the parties even enter the courtroom. Lawyers negotiate on behalf of their client with other lawyers as well as third party non-lawyers. Lawyers must also negotiate internally with their own client as well as other parties to reach consensus. Negotiations also occur in various forms, from traditional settings such as conference rooms and courtrooms, to non-traditional settings such as e-mail and social media communication. Thus, the ability for lawyers to develop and utilise a negotiator's toolbox to negotiate within and among a broad array of environments are essential elements of the legal profession. Indicative list of principal topics: Sources and dynamics of conflict in domestic and international business contexts Strategic approaches to negotiation and deal-making Negotiation planning, objectives and measures of success Distributive, integrative and mixed-motive negotiation Negotiation theory and its application in professional practice Bias, influence and decision-making in negotiations Value creation, trade-offs and negotiated outcomes Negotiation tools, techniques and professional confidence The role of contractual terms in commercial negotiations Verbal, non-verbal and cross-cultural communication Perspective-taking, empathy and relationship management Ethical, cultural, economic, psychological and emotional dimensions of conflict and dispute resolution 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. Indicative list of principal topics: 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. This subject introduces the techniques and institutions used to manage and resolve international disputes, focusing on both diplomatic (negotiation, mediation, inquiry, and conciliation) and legal (arbitration and judicial settlement) methods. Students will explore historical and topical examples to analyse when, how, and with what effect states, corporations, and individuals have resorted to different forms of international adjudication or arbitration to settle disputes, and consider the extent to which powerful states such as China, France, Russia, the UK, and the US have embraced international dispute settlement. The subject analyses key issues that have arisen in cases across various substantive areas of international law, including decolonisation, investment, trade, climate change, human rights, nuclear testing, the law of the sea, the use of force, and territorial sovereignty. Students will become familiar with different dispute settlement bodies and mechanisms, including the International Court of Justice, investor-state dispute settlement mechanisms, the dispute settlement systems established by the World Trade Organization and the UN Law of the Sea Convention, and international human rights courts and tribunals. The subject concludes by examining and identifying emergent trends in, and challenges to, international dispute settlement. Indicative list of principal topics The broad historical and political context of international dispute settlement The international obligation to settle disputes by peaceful means The role of diplomatic procedures, such as negotiation, mediation, and conciliation The International Court of Justice, including issues involving state consent to jurisdiction, reservations to the optional clause, the evaluation of scientific evidence, and the Court's advisory jurisdiction Investor-state dispute settlement, including issues relating to jurisdiction, the use of precedent, and the recognition and enforcement of awards WTO dispute resolution procedures and the challenges facing the Appellate Body Dispute settlement under the UN Law of the Sea Convention International human rights courts and tribunals Backlash against and reform of international dispute settlement mechanisms This subject will provide an interdisciplinary framework to discuss various aspects of the intersection between law, human behaviour and justice. The first part will be dedicated to developing a basic familiarity with the relevant principles of psychology and law and discuss the ways in which they interrelate. In the second part of the subject we will discuss different real life examples, involving judicial decision making, witness reliability, negotiations and more, in which the study of psychological concepts in the legal world plays out. 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 Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS), 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 two-thirds of Australian Mediator and Dispute Resolution Accreditation Standards training, under the auspices of the Resolution Institute, which will offer students the opportunity to study the remaining third required for AMDRAS accreditation. Indicative list of principal topics: Mediation within the broader context of dispute resolution Moving from positions to interests Standard AMDRAS 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 AMDRAS structure and Standards Setting the scene – the opening statement Mediation challenges – complexity and ethical issues Optimising mediation in cross-cultural disputes Mediation as a career. Note, all enrolled students will be expected to demonstrate a high level of English language proficiency in order to actively and effectively engage in interactive class discussions and activities. This highly interactive subject will give students practice-relevant skills for negotiation and dispute resolution. Negotiating effectively involves being able to change the conversation, introducing collaborative approaches alongside competitive ones. 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 learn 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, construction and human rights. Drawing on current interdisciplinary literature and case examples from practice, students will: Learn a proven, research-informed framework for dispute analysis and negotiation to address a range of disputes Understand the dynamics of intractable or complex disputes and a range of tools to address them Heighten their awareness of personal strengths and weaknesses as a negotiator and identify a personal path of development 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, engagement 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. Employment and Labour Relations Law subjects 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. Indicative list of principal topics: The historical development of the law relating to workplace bargaining Relevant international legal principles and Australia’s obligations in this respect 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. 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. Indicative list of principal topics: 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, trauma informed principles of investigation, 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 and have also been the subject of a number of very significant cases. Indeed, whilst Australian labour law has become increasingly dominated by statutory provisions, the common law contract of employment continues to provide the fundamental principles that govern the individual employment relationship. 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 lectures consider several key questions. These include determining employment status and type; express and implied contract terms and how they are construed; employer and employee duties; non-compete clauses; termination and damages. The subject also looks at the interaction between employment contracts 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. Indicative list of principal topics: The scope of employment regulation: which work relationships are covered? The regulation of independent contracting, such as agency relationships Determining the type of employment: full time, part time and casual work The content of the employment contract: express terms The content of the employment contract: implied terms Non-compete clauses and restraints of trade 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, age 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. Indicative list of principal topics: A study of the framework and key features of federal and state legislative provisions dealing with equality and discrimination in the employment context, including the Equal Opportunity Act 2010(Vic), the Racial Discrimination Act 1975(Cth), the Sex Discrimination Act 1984(Cth), the Disability Discrimination Act 1992(Cth) and the Age 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. 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 sexual harassment and 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. Indicative list of principal topics: 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. Work Health and Safety Law has grown in scope over the past decade, particularly since 2010 when most Australian governments implemented nationally-uniform laws about work health and safety. Victoria has, however, continued, with a similar but different model, and has a particularly active regulator. This subject examines in detail the content of Victorian law, as well as the national laws, considering the operation of work health and safety law in its historical and industrial setting, as well as the likely practical operation of the regulatory regimes. The subject examines the application of safety laws to both physical risks and psychosocial risks, such as bullying and sexual harassment. The lecturer is a practitioner with over 20 years’ experience in work health and safety, and guest lecturers from employee representative bodies and safety regulators will also present. Indicative list of principal topics: The problem of work-related injury and disease The history of the legal regulation of health and safety at work The duties owed by employers and other parties under Victorian and 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 application of work health and safety legislation to psychological health, bullying and sexual harassment How health and safety law has adapted to new ways of working and new challenges, such as remote and hybrid work, and COVID-19 Energy and Resources Law subjects The energy transition – a key plank in achieving Australia's net zero targets – represents a generational challenge for energy markets. Transitioning Australia's energy system to renewable energy and storage involves a complex group of stakeholders, with policy makers, regulators, investors, energy providers and consumers grappling with multiple – often conflicting – objectives. This subject aims to give students a clear understanding of the structure and principles of Australia's energy markets in the context of achieving the energy transition. Focusing on the Australian electricity sector, it will examine the foundations of our energy markets and the pathway for renewable energy, together with the nature and scale of the energy transition and current policy debates. Key legal elements of the subject include the structure and legal framework for the electricity supply industry and markets, the legal framework supporting investment in renewable energy, principles and policy frameworks underpinning the energy transition, the role of government and electricity market reform initiatives. This subject has an Australian-focus and is aimed at students with an interest in energy law and legal practice, energy markets, energy regulators and energy policy and reform. Indicative list of principal topics: The structure of, and key participants in, the electricity supply industry across generation, transmission and retailing Legislative and regulatory framework for the National Electricity Market, including market bodies and rulemaking Key principles of the wholesale and retail electricity market, including typical wholesale market contracting and trading The legal framework for investment in renewable energy and storage The nature, scale and objectives of the energy transition Key principles underpinning the development of renewable energy and storage, including government support contracts Key principles in the regulation of electricity transmission systems, including regulated pricing, open access principles and renewable energy zones Legal principles and policy frameworks underpinning energy transition steps, including the role of government Legal issues in implementing a just transition Current electricity market policy debates and reform initiatives 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 lecturer is a leading practitioner in this area and will 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. Indicative list of principal topics: 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. Indicative list of principal topics: 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. Environmental Law subjects 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, climate finance and litigation, to federal and state legislative responses, through to local effects including relating to Indigenous peoples. The lecturer is active in research and advice in climate change law and governance in the international and domestic law spheres. Indicative list of principal topics: 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 Climate finance and 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 Bio-sequestration and carbon capture and storage The nature of climate change litigation Climate change is increasingly necessitating systemic change to the structure of the global economy and financial system. This subject will examine the interaction between climate change law and policy and these systemic changes. It considers a range of legal, policy and financial tools that governments around the world have used to try and manage responses to climate change, such as carbon pricing, green fiscal spending, climate risk disclosure and emissions regulations. It critically evaluates these legal, financial and policy approaches, and the economic theory underpinning them. Our subject introduces students to these climate change legal and policy approaches through case studies across different themes (carbon markets, sustainable finance, energy, transportation) and geographies. Guest speakers with legal, sustainable investment and public policy backgrounds will join the course to speak to some of these case studies. By drawing together economic theory and practitioner-informed case studies, we will provide students with the knowledge, tools, and networks to critically assess and participate in the future development of regulatory regimes, policies and financial mechanisms which might help arrest global warming. Indicative list of principal topics: An introduction to climate science, Key debates in climate change economics International and domestic law frameworks Market-based legal mechanisms: pricing carbon externalities Information based regulatory approaches to carbon emissions Emerging legal risks – greenwashing, climate litigation and investor actions Green industrial policy, state-owned enterprises and innovation ecosystems Emissions caps, performance standards and other forms of regulation Environmental law deals with pressing legal and social issues within Australia and internationally that range from biodiversity protection to waste reduction. This subject provides an overview of fundamental environmental law concepts and principles, such as the precautionary principle. It charts the evolution of Australian environmental law in response to global environmental challenges, such as climate change, as well as national regulatory reforms. The subject equips students with a thorough grounding in 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 ecological protection– including market mechanisms and offset models. This subject introduces international environmental law; dealing with issues such as trans-boundary harm and World Heritage protection, that have shaped Australian environmental law. Indicative list of principal topics: The 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 from the common law through direct regulation to market measures and community engagement. These themes are illustrated by case studies in the following areas: Environmental law: Principles and concepts Environmental actors, including public interest litigation with a focus on biodiversity protection The procedures and substantive law governing impact assessment and development approvals. Legal and regulatory tools used in environmental law, including duty of care concepts in pollution laws. The interaction of law and science, with a focus on the precautionary principle Implementation, compliance and enforcement in Environmental Law International environmental law, including biodiversity protection, world heritage cases and climate change governance. In national legal systems, much of environmental law consists of legislative schemes. To practice environmental law requires a mastery of public law. This subject introduces students to the public law skills needed to work in the specialised field of environmental law. The subject focuses on environmental laws in a range of common law jurisdictions and the skills that the course fosters can be deployed in any legal system. Each topic is taught through in-depth focus on legal materials, particularly case law. Indicative list of principal topics: A basic framework of environmental law The distinctive nature of different types of environmental problems and how those features require the development of a particular type of legal expertise. The role that law (legislation and common law) plays in framing and defining environmental problems and the legal significance of this. The classic types of legal obligations and duties in environmental law and how they are enforced. The ways in which environmental law gives rise to a range of public law questions concerned with constitutional and administrative governance. The types of legal and other disputes that environmental law gives rise to and the implications for courts and tribunals How accountability in environmental law operates. Each topic is taught through a focus on a particular topic in environmental law including climate change, water quality, waste, environmental assessment, natural resource management, air quality, and nature conservation. International environmental law is the field of public international law concerned principally with the protection of the natural environment. 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. Indicative list of principal topics: 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 as well as environmental issues relevant to finance, human rights and international trade. 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, environmental, social and economic aspects that bear upon decision-making under the Victorian planning system. The subject will also address the interaction of the Victorian planning system with a number of other statutory processes relevant to the development of land within Victoria, including those contained within the Environment Protection Act 1970(Vic) and the Subdivision Act 1988(Vic). Indicative list of principal topics: 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 key processes under the Planning and Environmental Act 1987(Vic). Chemicals have reconfigured the material foundations of our economies. Yet an unintended consequence has been the widespread toxification of the planet and the growing chemical burden on our bodies. Exposure to hazardous substances presents serious risks to both human and environmental health. In response, the international community has developed a range of legal instruments targeting specific threats, and most countries have enacted laws and regulations to control pollution and to manage chemicals and waste. In this subject, we explore the evolving international and comparative legal landscape of this ‘chemicals and waste’ cluster. We will provide insights into global governance processes, accountability mechanisms as well as opportunities for legal reform - including the main international treaties, non-binding instruments, ongoing international negotiations, and national level laws and regulations. Drawing on the teacher’s experience as the UN Special Rapporteur on toxics and human rights, the subject also examines environmental harm and the human rights dimension, including access to information, participation in decision-making, and justice in cases of toxic exposure. Students will engage with real-world case studies—such as litigation over PFAS, shipbreaking, and gold mining—and develop practical skills to advise stakeholders across public, private, and civil society sectors. Indicative list of principal topics: Transboundary movement of hazardous waste and the Basel Convention Persistent organic pollutants and the Stockholm Convention International trade in chemicals: Rotterdam Convention and current reform proposals Mercury governance under the Minamata Convention The human rights dimensions of toxics, including jurisprudence and the right to a healthy environment Litigation and accountability: a ‘toxic tort’, human health and environmental justice Emerging developments: Adoption of the Global Framework on Chemicals and plastics treaty negotiations 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. Indicative list of principal topics: International and comparative 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. Government Law subjects This subject canvasses a wide range of the most challenging current questions in comparative constitutional law. It does so from a global perspective, which appreciates the diversity of constitutional arrangements across the world while acknowledging their interconnections and their many shared problems. The issues on which the subject focusses in 2025 range across questions of method to problems of substance and will be explored both conceptually and empirically. Each seminar is led by a comparative scholar affiliated with Melbourne Law School, drawing on the resources of one of the leading comparative constitutional law centres in the world. Indicative list of principal topics: The challenges of constitutional comparison Democracy and its discontents Legal and constitutional pluralism Comparative Indigenous constitutionalism Interpreting Constitutions Constitutional cultures Federalism in the Global South Constitutional amendment and change Fourth branch institutions Political parties Knowledge institutions Constitutions and climate change International leverage and national constitutions The subject coordinators will ensure interlinkages between seminars and will draw the subject together in a final seminar on future directions. The subject should be of considerable interest to Australian and international students from all regions of the world. From one of the earliest concerns of political philosophy to the subject of a treaty ratified by almost every country in the world, corruption has played a fascinating role in human affairs. Corruption’s importance as a matter of law and policy has grown in recent decades, thanks to increasing awareness of its devastating effects on development efforts, human rights, democracies, economies, and environmental protection efforts. Responding to that growing importance, this subject provides an overview of domestic, regional, and global approaches to corruption. Although this seminar provides an overview of many aspects of anti-corruption law and policy, it covers issues of political corruption in greater depth, such as bribery of public officials, campaign and party financing, lobbying, and conflicts of interest. It also covers in greater depth several current issues in Australian anti-corruption law—including the ideal role of the recently-established National Anti-Corruption Commission—and several “global pressure points”—including the effects of corruption on climate change mitigation efforts. The domestic approaches examined in this subject include those undertaken by Australia, New Zealand, and the United States, as well as several Latin American and Asian countries. The regional approaches targeted include those sponsored by the Organization of American States, the Asian Development Bank, Asia-Pacific Economic Cooperation, Council of Europe, the Organisation for Economic Co-operation and Development, and the World Bank. Finally, at the global level, this seminar covers the United Nations Convention Against Corruption (UNCAC). Entering into force in 2005 and obtaining 191 States Parties by August 2024, UNCAC has brought about a comprehensive, global approach to corruption. This subject explores the five pillars of that approach—international cooperation, preventative measures, criminalisation and law enforcement measures, asset recovery, and technical assistance and information exchange—and their relationship with domestic and regional initiatives. A major question at this stage will be UNCAC’s ability (or potential) to improve those pre-existing initiatives. At each of its three levels of legal inquiry (domestic, regional, and global), this seminar examines questions of substantive law (what conduct is targeted), procedure (how are suspected violations of the law exposed and addressed), institutions (how is each legal framework administered and modified), and effectiveness. This subject addresses not only the merits of anti-corruption law, but the criticisms and dangers of it as well. Although this subject relies primarily on legal analysis, it also applies perspectives and findings from the fields of economics, history, and political science. That interdisciplinarity enables the consideration of the broader questions that inform anti-corruption law. Those questions include: How are definitions and patterns of corruption changing over time? What effects does corruption have on development, businesses, local economies, and global capitalism? What effects does it have on human rights, democratisation, elections, and lawmaking? What lessons have been learned about the effectiveness of different legal approaches to corruption? How could domestic, regional, and international anti-corruption initiatives be improved? indicative list of principal topics: What is corruption? How is corruption defined by different legal regimes? How does corruption manifest in distinct environments, including campaign and party finance, elections, lawmaking, law enforcement, government procurement, business, international development and climate change mitigation efforts, and banking and finance? What are corruption’s economic, political, and social effects? What are the regulatory challenges involved in preventing, exposing, and punishing corruption in its distinct environments? To what extent have domestic, regional, and international legal regimes been successful in meeting those challenges? How could those laws and institutions be improved? In particular, what are the main successes and shortcomings of the UN system for preventing and combating corruption? What are its prospects for improvement? What are the different roles that lawyers play in addressing corruption? What skill sets do they employ? This subject focuses on the effectiveness of legislation. Legislation plays a fundamental, and ever more significant, role in our legal systems. Many lawyers and policy analysts advise on proposals for legislative change. But this is often done without explicit frameworks for assessing the effectiveness of legislation, the ways in which legislation has failed or risks failing, and strategies and design options for reducing the risk of failure. This course explores what it means for legislation to be effective. It takes as its starting point the critical analysis of failed laws, identifying common process errors and design flaws that contribute to such failures. It explores some common criticisms of legislation: that it is too uncertain, too prescriptive, too inflexible, too complex. It moves on to explore law reform strategies and legislative design options that can reduce the risk of failure, and the institutional prerequisites for those design options to be effective. Particular attention is paid to the challenges of designing legislation in the context of imperfect information and a changing environment, including the implications of technological change and the opportunities and challenges of automated decision-making, including use of algorithms and AI. The subject will be of considerable interest to Australian and international students with an interest in the law reform and policy process. It is especially well suited to students with practical experience in these fields. Indicative list of principal topics: What it means for legislation to be effective, Approaches to assessing the effectiveness of legislation, Analysing the nature and causes of legislative failure, Understanding interdependencies between legislation and the institutions that apply it, Strategies for enhancing the effectiveness of legislation, Complex legislation: causes of complexity and design options for reducing complexity, Designing legislation for an uncertain and changing world. The executive is the branch of the constitutional order we associate with ‘the government’, as well as the branch whose conduct we primarily have in mind when we speak of the demands of ‘the rule of law’. The executive is also the most fluid and elusive branch of the constitutional order, in the sense that determining who or what is ‘the executive’ presents conceptual as well as practical puzzles. Executive branch actors and activities in Australia today, for example, feature a complex mix of logics and institutions inherited from the twentieth century ‘welfare state’ and ‘neoliberal’ and ‘managerial’ tools and commitments that have gained dominance since. The aim of this subject is to bring these puzzles into focus by examining different conceptual, legal and practical expressions of the contemporary executive branch, in theory and practice. We begin by interrogating the location and role of executive branch actors and activities within the constitutional order and their relation to law and the ideal of ‘the rule of law’. We then examine the key ideas, objectives, features, operational logics and institutional structures typically associated with nine different expressions of the executive branch: bureaucracy, provider of social welfare, administrative decision-maker, algorithm, market facilitator, manager, contractual party, regulator, and lawmaker. Insights taken from these studies are then brought to an investigation of two Australian case studies to provoke reflection on the implications of the legal, conceptual and practical complexity of contemporary executive branch actors and activities for relationships between people and their governments and commitment to the ideal of ‘the rule of law’. Indicative list of principal topics: · Introducing ‘the executive branch’ The executive branch and ‘the rule of law’ The executive as bureaucracy The executive as provider of social welfare The executive as administrative decision-make The executive as algorithm The executive as market facilitator The executive as manager The executive as contractual part The executive as regulator The executive as lawmaker Case study #1 (eg, outsourced prison management Case study #2 (eg, social housing reform and regulation) This subject canvasses a series of cutting-edge issues in public law at an advanced level that requires deep analysis and critical thinking. While its primary focus is public law in Australia, many of the issues are relevant in common law systems elsewhere and comparative experiences are used to throw light on Australian law and practice. The issues range widely across constitutional and administrative law. Each seminar is led by one of Melbourne Law School’s leading experts in the field. Indicative list of principal topics: Judicial and merits review Non-statutory executive power Parameters of responsible government in Australia Treaties and agreements with Indigenous peoples Judicial power and punitive measures Citizenship Resource and environmental management in the Australian federation Political communication in a digital era Statutory bills of rights Climate change litigation Constitutional concepts of property External dimensions of the Australian Constitution ‘Fourth branch’ institutions. The subject coordinators will ensure interlinkages between seminars and will draw the subject together in a final seminar on future directions. The subject should be of considerable interest to Australian students, to international students from common law countries and to all students curious about the latest developments in public law from a common law perspective. This topical subject deals with the interface between private law and public law in common law systems from the perspectives of history, doctrine, theory and practice. It will explore the traditional absence of such a division in the common law, and the reasons for this, as a basis for understanding the relevance of the distinction in the contemporary legal system. The subject will critically assess the distinction from a theoretical perspective, testing whether the idea of a distinction between public law and private law can withstand scrutiny. A range of cutting-edge doctrinal issues will be examined and placed in wider context. These include whether public law principles should extend to the activities of non-governmental entities such as private firms and charities; whether the law should recognise a special set of rules to regulate public contracts; whether public authorities should be governed by the ordinary law of tort or a set of special administrative liability principles; procedural divisions between public law and private law; the role of the public interest in private remedies and of private remedies in public law cases; and whether public law issues should be heard by specialist administrative courts. The subject should be of interest to lawyers working in any field in a common law legal system and to those trained in the different traditions of the civil law who are interested in better understanding the structures and assumptions of the common law. Indicative list of principal topics: History of the concept of public law in common law legal systems Concepts of public and private Implications of a distinction between public law and private law Law applicable to non-governmental entities Legal framework for public contracts Liability of public authorities Remedies Specialist or generalist courts. Royal commissions and other forms of public inquiries are used by all governments. Inquiries such as the Royal Commission into Institutional Responses to Child Sex Abuse, the Hayne Banking Royal Commission and the Covid-19 Hotel Quarantine Inquiry 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 National Anti-Corruption Commission. 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. Indicative list of principal topics: 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. 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 many changes. 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 by seeking to have students consider basic questions about legal thought and legal reasoning and then apply those lessons to the tasks of construction and application. Indicative list of principal topics: Legal thought and legal reasoning – Framing the right question, assembling and stating relevant arguments and reaching a concluded view 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 and Medical Law subjects This subject examines gender and health law. It takes an international comparative perspective – examining case studies across the globe in Europe, Asia, Australia, North and South America, etc. It draws on international law, such as the Convention on the Elimination of Discrimination Against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD) and incorporates World Health Organisation guidelines and documents. It will also engage students in analysis at the domestic level for various jurisdictions – including Australian commonwealth and state/territory government regulation and civil society reports. It also explores the effect of intersecting forms of marginalisation on health rights; for example, women and gender minorities (trans and gender diverse people, intersex people, non-binary people, and others) that are members of other marginalised groups, such as disabled people, racial minorities and/or religious minorities. This subject is relevant for students who are interested in understanding modern issues of gender and health law and for those interested in exploring how to improve health law to ensure positive impacts for women and gender minorities. Indicative list of principal topics: Decision-making denial to women and gender minorities in health and medical related choices (history and modern legal impacts), Absence of gender diversity in health and medical research (history and modern legal impacts), Access to health and medical care in relation to gender and intersectional identities (human rights lens), Gender-related medical interventions and the law, including in relation to minors (regulation of gender affirming surgery, treatments, etc.), Reproductive choice (women and gender minorities), Gaps in health and medical care in relation to gender-specific health and medical issues – and the role of the law (human rights lens) – for example, endometriosis and menopause, Gendered harms from health care drugs and devices. For example, vaginal mesh, breast implants, IUDs, and thalidomide. Following a five year inquiry and the 2017 release of the report of the Royal Commission into Institutional Responses into Child Sexual Abuse after, the issue of child sexual abuse in institutional settings gained extensive attention from the public, political representatives and legal commentators. The inquiry contributed to new understandings of the incidence and extent of physical, sexual, psychological and emotional abuse in a range of institutional settings, including schools, hospitals, churches, sporting organisations, foster homes and other accommodation services. The debate on how the law may best respond to the abuse continues, with judicial attention to the now current law, and some political attention to law reform. There are many challenging issues associated with the legal redress of child abuse, including time limits for claims, liability for the criminal acts of others, the onus of proof, and the appropriate compensation regime. This subject examines the relevant tort law in Australia and the challenges of its application to abuse situations, recent and proposed tort law reforms, and Australian ‘Redress Scheme’. Bill Madden is a lawyer specialising in injury compensation including intentional torts and the overlays provided by statutory reform and statutory schemes. He is a regular writer and presenter on tort law topics. Indicative list of principal topics: Findings of the Royal Commission Liability of perpetrators Direct liability of organisations Vicarious liability Non-Delegable duty Damages Limitation laws Applications to stay proceedings Setting aside earlier settlements Statutory reforms The Redress scheme Challenges Note: This subject includes reference to material which some participants may find confronting or difficult at a personal level. Students may have differing views on some of these topics, but they do form part of the subject and may be discussed in class. Universities are neutral places for objective study and rational discussions. Any discussions on such topics in class must be respectful of differing views. The University of Melbourne Counselling and Psychological Services (CAPS) provides free, confidential, short-term professional counselling to currently enrolled students and staff, as well as a range of workshops, mental health training, and helpful resources. The importance of health to the functioning of societies has never been more apparent than it is today. Nor has the global nature of health. Today’s major risks to health are global in nature, including the rapid spread of pathogens across borders in our highly interconnected world, and the commercial practices of multinational corporations that market harmful products. These health risks cannot be combated without international cooperation, including in preventing / limiting the spread of pathogens and regulating harmful commercial practices. Law – at all levels, from international to national and sub-national – has a fundamental role to play in global health. It can be among the most powerful tools for protecting and promoting health, but it can also fall well short of achieving its potential, or even actively contribute to harm, if poorly designed or implemented, or where it pursues other policy objectives in ways that conflict with those of health. This subject is called ‘Law and global health’ rather than ‘Global health law’. This reflects the reality that, while there are a range of international instruments (including both legally binding and non-legally binding) that are specifically designed to protect and promote global health, global health can be equally influenced by international instruments across diverse areas such as human rights, climate change and environment, biodiversity, animal health, intellectual property, international trade, and international investment. While the subject will focus primarily on the instruments and organisations that are explicitly dedicated to health, it will examine the critical connections with other relevant areas of law, policy and practice. The subject will cover both communicable diseases (including pandemics such as COVID-19, and other international health emergencies) and non-communicable diseases (such as heart disease, stroke, cancer, diabetes and chronic lung disease). Indicative list of principal topics: An introduction to global health priorities, including infectious diseases, noncommunicable diseases, and climate change Global health narratives, concepts and approaches An introduction to the World Health Organization Global governance of infectious diseases, including the International Health Regulations (2005) and the new pandemic treaty Global governance of noncommunicable diseases, particularly the WHO Framework Convention on Tobacco Control, as well as international approaches to addressing alcohol use, unhealthy diets and the health effects of air pollution An overview of trade, investment, intellectual property and health 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.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. Professor Julian Savulescu is the Head of the Centre for Biomedical Ethics, Yong Loo Lin School of Medicine, National University of Singapore, the Uehiro Chair in Practical Ethics at the Uehiro Oxford Institute, University of Oxford and Distinguished International Visiting Professor, Melbourne Law School. He is a recognised world leader in medical ethics. The subject will cover recent ethical controversies arising from the COVID-19 pandemic, including triage of patients for ventilators, the ethics of lockdown, discrimination, antibody passports, vaccination, and accelerating research. Indicative list of principal topics: 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 Having recently passed 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 developments are at the core of individual importance - birth, reproduction and personal autonomy. The legal issues are wide-ranging, covering the existence of duties, what should be considered to be a breach of duty, the challenges of legal causation and the determination of 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. Indicative list of principal topics: The 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 the loss of a chance The changing framework of expert evidence Privacy and confidentiality issues Alternatives to fault based compensation Associated regulatory issues 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. Indicative list of principal topics: 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. Over the past few years there have been profound changes in the regulation and registration of the health professions. Fifteen professions are now included in a national scheme and others may join them. All of the registered professions are covered by the same legislation for accreditation, registration and the monitoring of practice, to ensure that standards are maintained to protect the public. More than 700,000 health practitioners are registered under the national scheme and, when it was adopted in July 2010, 66 acts of parliament were repealed and about 85 health professional boards were abolished. This subject will provide a detailed examination of the scheme, which has centralised the disciplinary process, with the state and territory registration bodies acting under delegated authority from the federal board. The subject will also provide an understanding of how health practitioners, their employers and educators can report ‘notifiable conduct’ of practitioners to the national regulator, and how healthcare consumers (patients) can lodge a ‘notification’ about the practice of a health practitioner. The course will scrutinise the concept of revalidation, and the health, fitness/character, performance and conduct pathways, analysing the factors that lead to different forms of disciplinary findings and determinations for different forms of problematic conduct, including sexual misconduct and serious error. It will examine what differentiates permissible from impermissible advertising, will evaluate how unregistered practitioners are now regulated and will explore how registered, unregistered and deregistered practitioners’ conduct is regulated by consumer protection legislation. Indicative list of principal topics: Legal requirements for accreditation, registration and monitoring of practice of health practitioners in Australia The process and grounds for disciplinary action An examination of specific disciplinary proceedings against health practitioners, looking at issues of conduct, health, performance and fitness A comparison of disciplinary proceedings and other legal action against health practitioners Analysis of the regulatory mechanisms applicable to unregistered practitioners An evaluation of the new registration scheme and its operation to date A review of consumer protection actions that can be taken against health practitioners, both those who are registered and those who are not. Human Rights Law subjects The ageing of world populations and the increased longevity of individuals has significant political, cultural and economic consequences. Ageism, the marginalisation of and discrimination against ‘older persons’, in particularly subgroups of older persons, is widespread, and involve systematic human rights violations on the ground of” older age’. This subject will review the historical development and current state of international human rights law as it applies to human rights and older age. Indicative list of principal topics: Ageing historically and in the modern world – demographic trends and their significance Theories of ageing, the social construction and cultural significance of older age and nature, extent and importance of ageism Ageing and human rights: human rights of older persons or human rights in older age; intersectionality and life course approaches Age and international human rights law; past coverage and current developments Older age and domestic law and policy (Australian and comparative perspectives), including human rights dimensions of aged care Intergenerational equity and human rights law The private sector represents one of the most important and daunting challenges facing human rights law and practice. 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. Shareholder activists, NGOs, social movements, the media and governments are demanding greater transparency and reporting on human rights from a wide range of companies, from Facebook to Kmart to Lafarge. The United Nations, the Organisation for Economic Co-operation and Development 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. Indicative list of principal topics: 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 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. This subject focuses on the re-imagination of human rights from a gender and women’s rights perspective. The traditional human rights canon has been challenged in important ways by its deficiencies in the protection of the rights of women and sexual and gender minorities. The primary focus on violations by state actors was shown to obscure and make invisible violations against women in the private sphere of family and home, in particular gender-based violence. The partial and contingent protection of sexual and reproductive rights under international human rights law has revealed persistent gendered limitations. Meanwhile, the adherence to date of international human rights law to the male/female binary has proven exclusionary to the promotion and protection of the rights of sexual and gender minorities. This subject considers these critiques and examines their explanatory force. It considers ways in which the international human rights system has responded to critiques and demands of feminist, gender and queer scholars and activists. The subject will focus, first, on the international system for the protection of women’s rights, in terms both of ‘mainstream’ guarantees of non-discrimination and the specialised system for the protection of women’s rights, most notably CEDAW. Second, the subject will focus on certain emblematic violations of women’s and gender rights (gender-based violence, reproductive rights and the rights of sexual and gender minorities) and critically examine developments in the recognition and redress of such violations under international human rights law. Third, the subject will consider the relationship between the formal mechanisms of the human rights system and the mobilisation of human rights ideas and values by social movements and non-governmental organisation. It will consider the role and value of international human rights norms in underpinning diverse social movements working in alliance for the improved protection of women’s and gender rights. Indicative list of principal topics: An overview of the protection of women’s rights and rights of sexual orientation and gender identity under the so-called ‘mainstream’ system for the protection of human rights A discussion of feminist, queer and postcolonial critiques of the international human rights system Analysis of specialised treaties and instruments responding to these critiques, most notably CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women) Critical reflection on the particular role of the CEDAW Committee in monitoring and interpreting women’s and gender rights under international human rights law Analysis of developments for the enhanced protection of the rights of women to live free from violence, including the debate about the need for a new dedicated human rights treaty for the prevention of violence against women An examination of developments across the mainstream and specialised human rights systems for the protection of reproductive and sexual rights An understanding of the limited progress made to date under international human rights law for the protection and promotion of rights of sexual and gender minorities A review of sustained critiques of the human rights regime by scholars such as Ratna Kapur, Dianne Otto, Christine Chinkin and Hilary Charlesworth Examination of human rights in practice, focusing on the way these ideas are mobilised by women’s movements, queer activists and human rights advocates to deal with local issues such as gender violence, reproductive rights and discrimination on the basis of sexual orientation and gender identity. Developments such as the decision to appoint a UN special rapporteur on human rights and climate change are significant milestones in the long-time efforts by international institutions and advocates to recognise and address the impacts of greenhouse gas emissions on the enjoyment of human rights. UN institutions and international treaty bodies responsible for human rights and environmental matters have over many years taken steps to deal with the serious impacts that climate change has on the rights to life, culture, health, food and an adequate standard of living for individuals and communities across the world. Advisory opinions of the International Court of Justice and the Inter-American Court of Human Rights have also provided insights on these matters. Meanwhile, advocates have initiated proceedings before courts and other complaints bodies claiming that human rights have been violated as a result of climate change. In the process, existing human rights have been repurposed towards environmental ends, and rights to a healthy environment and a safe climate have emerged for international recognition. This course will introduce and explore the main concepts, laws, institutions and policies at the intersection of international human rights law and international law on climate change. Through an examination of treaties and case law, it will consider how international law and policy is being developed to protect human rights affected by climate change. Indicative list of principal topics: The human rights of particular groups – including Indigenous Peoples, children and displaced people – affected by climate change. The different responsibilities of nations and businesses to address the human rights impacts of climate change. Key developments in UN bodies, treaty institutions and courts dealing respectively with human rights and environmental protection, including existing and emerging human rights such as the right to a healthy environment. Critical perspectives on the use of human rights law and procedures to tackle harms arising from greenhouse gas emissions. The international movement on rights of nature as part of the context in which international human rights law is evolving to address climate change. 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. Indicative list of principal topics: 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? 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. Indicative list of principal topics: 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. 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. Indicative list of principal topics: 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. Unfortunately this subject is no longer running in 2026, and is now intended to run in early 2027. Confirmation will come when the Handbook opens for 2027 re-enrolment. More-than-human rights has emerged as part of the broader ecocentric turn in law. Borrowing from David Abram’s work on the “more-than-human,” more-than-human (MOTH) rights locates human rights within a broader landscape of concern for the rights and well-being of the living world. In doing so, it builds off the rights of nature but also constitutes an evolution in two dimensions. First, by making use of the term “more-than-human,” MOTH rights moves beyond the nature-culture binary implied by the linguistic dichotomy established between human rights and rights of nature. Second, substantively, by locating human rights squarely within the ambit of rights for the larger living world, more-than-human rights bridges human rights, animal rights, and nature rights, creating a legal paradigm which exceeds the sum of these parts. Our subject explores the legal philosophy, rulings, and practice which are shaping the articulation and advancement of more-than-human rights. Adopting a global perspective, students will examine how legal theorists, judges, and lawyers have grappled with extending legal personhood and rights to natural entities, including ecosystems and animals. This includes deep dives into precedent-setting cases, like the ruling of the Spanish Constitutional Court affirming the legal personhood of Mar Menor; landmark legislation, like that in New Zealand / Aotearoa recognising the Whanganui River as a legal person; constitutional provisions, like those in Ecuador granting rights to nature; and soft law declarations, like that proffered by Polynesian Indigenous leaders on the rights of cetaceans. In short, this subject equips students with a firm understanding of the legal foundations of more-than-human rights and new directions in this quickly evolving field of legal scholarship and practice. Indicative list of principal topics: The More-Than-Human turn in law, science and philosophy Eco-centric critiques of human rights Rights of Nature in Practice: Constitutions, Legislation and Case Law Future Directions for More-Than-Human Rights This subject takes a deep dive into statelessness, a serious but little understood human rights issue affecting millions of people around the world, including in the Asia Pacific region. Key related concepts of citizenship, statelessness and legal identity will be discussed, as will the debate around the limits of State sovereignty when it comes to the right to nationality. The causes and consequences of statelessness will be unpacked, with a focus on the human impact of statelessness. We critically examine the international legal framework established to address statelessness, and we scrutinise past, present and possible future manifestations of statelessness with a view to understanding how these may be prevented or resolved. Indicative list of principal topics: Key concepts and definitions: citizenship, statelessness, and legal identity, The right to belong? Ethical and Political Dimensions, Causes, consequences and the human impact of statelessness, The international legal framework governing statelessness, The protection of stateless persons in a migratory context, Solutions to statelessness: citizenship as the panacea?, Contemporary and future problems of statelessness: including ‘Citizenship stripping’ and climate change and nationality, International Development: Identity Management, Legal Identity and Human Rights. Intellectual Property Law subjects 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. Indicative list of principal topics: 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. This subject will be delivered via a 'flipped classroom' model. The substantive content delivery will occur largely outside the classroom, with videos and notes provided to students via Canvas modules. Class hours will be spent applying and debating these principles (and related policy) in order to develop higher level cognitive, problem-solving, advocacy and reasoning skills. 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), 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’. Indicative list of principal topics: 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 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 studying 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 laws protecting IP, with reference to New Zealand IP laws. IP laws, including patent, design and copyright laws, are directed at the encouragement and protection of innovations in science, technology and cultural goods. IP laws, like trade mark and unfair competition laws also protect brands, reputations and other important commercial interests. The subject will also introduce the international framework of treaties under which the owners of IP from one country can seek protection in another country. The subject will be taught by: four ‘pre-teaching’ weeks conducted online (outside the classroom) one-week intensive conducted on-campus (in the classroom) This subject is delivered using a ‘flipped classroom’ approach. You will spend the pre-teaching period studying readings and viewings provided via Canvas modules to learn the key principles and policies. Then, in the on-campus seminars, we will discuss, debate, and apply these principles and policies to cultivate higher level cognitive, problem-solving, advocacy, and reasoning skills. Indicative list of principal topics: The concept of IP Rationales for IP laws Copyright, including protection and infringement Registered designs, including protection and infringement Trade marks and related laws, including protection and infringement Patents, including protection and infringement Protection of confidential information and trade secrets under general law Traditional knowledge International IP treaties 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. Indicative list of principal topics: 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. Teachers’ Note: This subject is an accredited subject towards qualification as a Trans-Tasman Patent Attorney by the TTIPAB. Students participating in this subject are mostly training patent attorneys who work in the intellectual property industry and have day-to-day contact with patent specifications as part of their job roles. Students who do not have such external exposure to patent specifications will find it challenging to pass this course. This subject focuses on Intellectual Property (IP) protection in the Asia-Pacific region. Fuelled by its rising geopolitical importance, the region presents a complex and evolving landscape for IP rights. In this subject we will undertake a critical and comparative analysis of IP laws across key economies like China, India, Japan, and Southeast Asian countries. Our analysis will encompass large, developed economies and smaller, developing ones. Furthermore, we will explore how recent trade agreements, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), alongside various free trade agreements within the region and with major players like the US and EU, are shaping not only the regional but also the international landscape of IP protection. Indicative list of principal topics: Comparative IP Law: This will be the core focus, examining similarities and differences in legal frameworks for IP protection across key Asian economies. It will include patents, trademarks, copyrights, trade secrets, and potentially other forms of IP. Impact of Trade Agreements: The subject will explore how recent agreements like RCEP, CPTPP, and various free trade agreements within and beyond the region (US, EU) affect IP protection in the Asia-Pacific. Emerging Issues: The subject will examine current challenges and opportunities in the region, such as IP enforcement, technology transfer, and the protection of traditional knowledge. Practical Applications: The subject will provide practical insights for practitioners seeking to advise parties who want to protect and commercialise their IP assets in the Asia-Pacific market. Intellectual property (IP) occupies a central, if actively contested, place in international trade and political relations. The COVID-19 pandemic saw widespread calls for international IP rules to be effectively suspended in the interests of global equity, while its defenders claimed the IP system was critical to a global response to the pandemic. National security issues and the fallout from geopolitical shifts are accentuating tensions over IP, which has become more than a trade or economic issue. Major disputes have arisen between the world's three major trading economies, China, the European Union and the United States, over how effectively IP should be protected. Developing countries contend with political and economic pressure when seeking to maintain and exercise policy space in their IP systems to pursue national development priorities. Australia has defended its tobacco plain packaging measures over how to reconcile IP protection with public health , with wider implications for how the public interest is to be balanced with private rights. Formal dispute settlement has had to address the relationship between national IP laws and measures for national security. The significance of IP as an investment asset has seen increasing prospect for disputes under investment treaties. International disputes over IP are an unavoidable consequence of the much stronger focus on IP 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 Organisation (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 Organisation (WIPO). Yet TRIPS has been 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, through transparent multilateral procedures, faces a renewed challenge. The WTO's dispute settlement system is partially paralysed: the formal avenue for appeal remains in suspension, and governments seek to bridge their differences over reform proposals. This subject enables students to navigate this complex legal landscape and to deal with its consequences from three interlocking perspectives: the practice of dispute settlement practice, the legal principles and public policy implications, and international governance and the management of trade and political relations at a time of tension. 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 course will examine the implications of the COVID-19 pandemic and the international response to it, including proposals for a waiver of TRIPS obligations, and will address the public health dimension of dispute settlement. We will also consider the implications of the increasing reference to national security considerations in relation to IP law and policy, and recent disputes concerning enforcement of patents in critical areas of information and communications technology. Indicative list of principal topics: 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 perspectives and sustainable development goals 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 tobacco plain packaging cases, and cases touching on national security and critical platform technologies. The implications of the WTO Ministerial Decision on TRIPS in response to the COVID-19 pandemic and of proposals for a pandemic waiver of TRIPS obligations. 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. This subject consists of a survey of the economic, legal and political elements and forces that shape the international IP system. Indicative list of principal topics: 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. Indicative list of principal topics: 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. 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. The instructional sessions provide students with an understanding of the fundamental principles of patent law, with a particular focus on the requirements for the grant of a valid patent and infringement of a patent. In the workshop sessions, students apply these principles to actual patent claims, prior art and infringing embodiments. Consideration is also given to the protection of trade secrets through the action in equity to restrain a breach of confidence. While the focus of the teaching will be on Australian law, the differences between this and New Zealand law will be identified and explored throughout the subject. Comparative reference will also be made to the law of the United States and countries that are members of the European Patent Convention. Successful completion of this subject satisfies the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for ‘Topic Group E’. Indicative list of principal topics: Rationales for patent law Patentable subject matter Requirements for patentability – novelty, inventive step and utility Specification requirements – clarity, support, disclosure and best method Acts constituting infringement of a patent Interpreting the scope of the claim for infringement Ownership of patent rights Assignment and licensing of patent rights Trade secrets protection (breach of confidence) 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. It covers the relevant aspects of New Zealand trade mark procedures and practice where these are different from those in Australia. Thus, this subject is 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 mark procedure and practice. The subject will be taught by: four ‘pre-teaching’ weeks conducted online (outside the classroom) one-week intensive conducted on-campus (in the classroom). Indicative list of principal topics: 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 attorney and a trade marks 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’. Indicative list of principal topics: 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. The conventional intellectual property (IP) system has historically been shaped by Western and European concepts of innovation, creativity, and originality, with implications for the theoretical structures and practical application of IP law. Responding to recent globalising trends in IP law, , developing countries and Indigenous communities have called into question the foundational principles of IP law, advocating greater recognition and respect of traditional knowledge (TK) systems and forms of cultural expression, and equity in the use of genetic resources (GR). This reframing of IP challenges the assumption that such material had 'fallen' into the public domain, free for exploitation without recognition or benefit sharing, akin to terra nullius. This reframing of IP law and policy has had diverse influence at theoretical and practical levels, spurring policy debate, international negotiations and legislative reforms, and influencing judicial decisions and IP office practice. International debate has probed the relationship between IP conventions, notably the WTO TRIPS Agreement, and other areas of public international law like human rights (UN Declaration on the Rights of Indigenous Peoples), environmental law (Convention on Biological Diversity), and cultural heritage law (UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions). In May 2024, the World Intellectual Property Organisation concluded the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, linking the patent system with GR and TK and recognising Indigenous Peoples and local communities. Developing countries have also integrated TK protection into recent trade agreements. Domestically, many countries are revising IP laws or developing sui generis laws to protect TK and traditional cultural expressions, to govern access to GR, and to recognise Indigenous People's collective rights. Several initiatives in Australia are reshaping the interaction between IP and Indigenous knowledge systems, including practical tools for recognising Indigenous knowledge and customary laws and protocols, applying principles of prior informed consent, and equitable benefit sharing. These developments have increasing practical implications for the practice of patent, trademark and copyright law. In this subject we will review the international legal and policy framework for TK and GR protection and survey domestic laws, mechanisms, and policy processes, with case studies from the Asia Pacific and Australia. We will also analyse tools within patent, trademark, and copyright law, critically utilise research databases. We will also feature guest lectures from Indigenous experts and representatives. Indicative list of principal topics: The context: respect, recognition, preservation and protection of traditional knowledge systems and genetic resources. Survey of traditional knowledge systems and related customary law and protocols. Indigenous experts' perspectives on the justice, equity, policy and practical dimensions of the protection of traditional knowledge. The international legal framework: human rights, environmental, cultural and intellectual property instruments. Genetic resources and traditional knowledge in the patent system. Indigenous and traditional communities and the law of trademarks and geographical indications. Indigenous and traditional cultural expressions and copyright law. Comparative analysis of current and proposed sui generis forms of protection of traditional knowledge. International Economic Law subjects Commercial Aspects of International Law highlights the growing importance of public international law for transnational commercial activity. It will examine how public international law may apply and have practical use in a wide variety of international business matters. The subject will introduce students to the basics of relevant public international law principles (e.g. sources of international law, individuals as subjects of international law, state responsibility for wrongful acts and sovereign immunity). Thereafter, the majority of our subject will be devoted to topic areas in which public international law impacts commercial rights and obligations (e.g. the role of international law in contracts, double tax treaties, environment and climate change regulation, free trade agreements, investment protection treaties, UN sanctions, corporate social responsibility and business and human rights). Our classes will take the perspective of the rights and obligations of commercial enterprises under public international law. 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. Indicative list of principal topics: 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 two poorly understood international organisations. Both are key components of the international monetary and financial architecture. They also play a vital role in national economies (as seen for example in the IMF's involvement in the Euro-zone crisis or in addressing the economic dislocations caused by global events and its analytical work on the prevention and resolution of financial and sovereign debt crises) 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. The subject provides a valuable insider's perspective on the 'Bretton Woods' institutions. 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. Indicative list of principal topics: 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. Indicative list of principal topics: 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. We begin with a 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. We then consider 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. 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 also evaluates the impact of investment law across a range of core values, including public health, environmental regulation and the protection of human rights. indicative list of principal topics: Nature, evolution and context of international investment law 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 Arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention The objective of this course is to provide an understanding of contemporary development issues and the relationships between development policies and international trade law in the context of a globalised world economy. The course begins with a review of some of the most prominent theories of economic development, describes approaches and definitions of economic development, tools and strategies for making development goals achievable, and explores views about the nature of economic, social and human prosperity. Students will undertake a comprehensive examination of development policies from the protectionism of the 1960s to the Post ‘Washington consensus’ paradigm, the challenges of mainstreaming development in the WTO (‘WTO’), and the current crisis facing the Multilateral Trading System; the emergence of mega regional trading blocks, and the current debate on future International Trade Agreements will be a focus of the course. Contemporary trade and development policy issues such the evolution of global value chains (‘GVCs’) and their consequences for free trade agreements, beyond the border regulations, state-owned enterprises (‘STEs’), and inequalities in opportunities and income will be examined from a perspective of international trade law and development policy, using case studies as appropriate. The course then present the rationales for free trade & protection, the distributional consequences of trade, the impact of trade on employment and growth and the challenges presented by deeper international economic integration. The next sections of the course consider the World Trade Organization (WTO) and explore negotiation mechanisms and principles, the rules relating to market access, fair trade, safeguards and the system for dispute settlement and retaliation. The final section considers major issues facing the multilateral trading system and the role of developing countries in building a new international economic architecture. Indicative list of principal topics: Goals, scope and measurement of economic development; International Law and Development; Developing countries in the world economy; The Multilateral trading system and the developing counties; International Trade law and their Effects on economic development; The participation of developing countries in the Mega Regional Trade Agreements; The Emerging Mega Regional Trade Agreements and the Future of the WTO Selected case studies on trade and development from the WTO Dispute settlement Mechanism. The rules governing international trade and investment are 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 for parties in one country to invest in another, and they are all predictably flavoured by the issues that arise when different legal systems interact. This subject gives an overview of the private international law issues that arise when goods are traded from one country to another, and considers the public international law issues that arise when governments try to influence the subject of international trade as well as the international and regional framework that exists for this purpose. The goal of the subject is to examine the international legal frameworks governing trade. Indicative list of principal topics: Commercial trading relationships International sale contracts and the law governing them Framework agreements Payment mechanisms The impact of 2020s technology (trade in data, blockchain verification, etc) Long-term trading relationships Antitrust/pro-competitive concerns about exclusive distribution arrangements Parallel importing in relation to products protected by intellectual property rights Compulsory licensing GATT/WTO The framework as designed, including dispute settlement The framework in the 2020s, including (particularly) dispute settlement The impact of regional trade agreements and bilateral free trade agreements on the multilateral ‘rules-based’ trading system The law of export controls and trade sanctions is emerging as a key area of legal specialisation. This area of law was traditionally focused on trade in arms and military equipment but has gained prominence in recent years with expansions into new areas such as semiconductors, 5G technology, artificial intelligence, quantum computing, and cross-border data flows. With this rapid expansion and the high stakes of non-compliance, many multinational companies are implementing policies to ensure continuing conformity with this complex and evolving area of law. This subject offers a comprehensive introduction to the law of export controls and trade sanctions, including both the international framework (e.g. UN instruments, Wassenaar Arrangement, the Australia Group) and the domestic rules of major jurisdictions (US, EU, UK). Students will explore the substance and coverage of the rules in this legal regime, including key concepts such as “dual-use” products, “technology transfer”, “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement and violations. Students will also examine the role of major institutions involved in the governance of these regimes. This subject is not about the "right" answers – rather, in light of the descriptive nature of the subject, students will be asked to think critically and develop their own thinking about the existing rules and governance, including the differing perspectives on whether they are fit-for-purpose and capable of adequately addressing new subjects such as critical minerals and advanced technologies. Students will also consider the Australian-specific context, such as how AUKUS is changing the domestic legal landscape. This subject is suitable for those interested in developing their understanding of this emerging area of law, as well as those interested in practicing in the commercially-relevant field of export controls and trade sanctions. Please note that this subject does not encompass WTO law and is not related to the work of the WTO, and knowledge of WTO law is not required. indicative list of principal topics: a comprehensive introduction to the law of export controls and trade sanctions, which comprises a collection of rules from international treaties and arrangements (e.g. UN instruments, Wassenaar Arrangement, the Australia Group), and the domestic legal frameworks of major jurisdictions (e.g. United States, European Union, China, United Kingdom, Australia); the coverage and scope of these varying rule-sets (e.g. ITAR, EAR, and FACR in the US, and their counterpart legislation in Australia and other major jurisdictions) as well as how these varying rule-sets interact with one another, and the role of major institutions involved in the governance of the regime (e.g. OECC, BIS, OFAC); key concepts in this legal regime such as “dual-use” products, "strategic goods lists", “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement mechanisms and the consequences of violations; challenges faced by the existing legal regime, particularly whether it is fit-for-purpose in the modern world amidst allegations of worldwide smuggling/evasion networks, and whether it is capable of adequately addressing new areas such as critical minerals, forced labour, and outbound investment; the Australian-specific context, such as how AUKUS is changing the domestic legal landscape and the foreign military sales (FMS) framework, and how Australia is leveraging and regulating its position as a key supplier of critical minerals. This subject examines the law and economics of globalisation. Economic globalisation is at the centre of ongoing debates in areas as diverse as sustainability and climate change, national security, fair and balanced economic growth, and the very restructuring of international relations that seems to be underway. This subject offers a sophisticated understanding not only of contemporary globalisation, but also the reactionary trends that continue to emerge in varied forms: so-called ‘trade wars’ between major economies, unilateral climate measures, restrictions on trade in critical technology like semiconductors or 5G, concerns around forced labour or weak environmental standards, concerns around data protection and cybersecurity in the new digital economy, repatriating foreign supply-chains to the domestic economy, concerns around currency undervaluation by export-driven States, and issues around the so-called ‘State-led’ capitalist model in economies like China. We offer a detailed analysis of these phenomena and how States are using existing and new legal instruments to manage the risks and impacts of globalisation as it evolves and adapts in this new environment. The course caters both to practitioners looking to build expertise in the highly commercially-relevant areas of trade remedies and export controls, as well as to those looking to deepen their understanding of the modern dynamics of globalisation and its intersection with law. The subject begins with an overview of economic impacts of trade liberalisation and lays out why there are winners and losers. It proceeds with a discussion of current trends in globalisation and relates them to the evolving geopolitical context. It then examines the legal instruments available to States to manage economic pressures resulting from increased globalisation and to counter (potentially) trade-distorting practices of their trade partners. These include the existing legal instruments at the international level under the WTO treaties, such as anti-dumping/anti-subsidy measures and safeguards, as well as more recent innovations at the domestic level relating to matters like currency undervaluation, cybersecurity and “data sovereignty”, transnational subsidies, foreign investment screening, differences in environmental/labour standards, and distortions arising from economies and sectors with substantial government involvement. The compatibility of such innovations with WTO and other international rules is untested and, accordingly, this course does not express views on the “right” answers. Rather, it seeks to equip students with the knowledge to form their own views and to facilitate their own understanding of possible intersections between these domestic innovations and international rules. Indicative list of principal topics: The economic rationale behind international trade agreements, the economic benefits of globalisation, the distributional impacts of trade liberalisation, and the role of regulatory frameworks that facilitate adjustment to international competition; Current issues in global economic relations and trade policy, and the reasons States resort to legal instruments to manage risks or negative impacts of globalisation, such as concerns around unfair trade practices; an evolving geopolitical context; supply-chain resilience; and "global commons"- and related issues such as climate change. The primary legal instruments that States use to address negative economic impacts of trade liberalisation, particularly the ‘trade remedy’ tools under the WTO treaties (anti-dumping, anti-subsidy, and safeguard measures), as well as recent domestic innovations with these tools in areas like transnational subsidies and currency manipulation; New and emerging legal tools at the domestic level in jurisdictions like the EU, US, Australia and India to manage perceived geopolitical risks and impacts of globalisation, such as: national security concerns around supply chains and critical products cybersecurity and data protection in the new digital economy; foreign investment screening; lower environmental/labour standards; and concerns around forced labour. 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 subject 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. Indicative list of principal topics: 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 World Trade Organization (WTO) is at the centre of ongoing debates concerning sovereignty and development. Its dispute settlement system has been active in resolving a wide range of international disputes, with jurisdiction over some of the largest and most significant matters arising today. This subject offers a sophisticated understanding of the WTO and its dispute settlement system, including a detailed analysis of the fundamental principles and jurisprudence of WTO law. Indicative list of principal topics: History and objectives of the WTO WTO dispute settlement Core obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994): Tariff bindings Non-discrimination (most-favoured nation (MFN) and national treatment) Prohibition on quantitative restrictions Exceptions to WTO obligations, eg environment, health, public morals, culture, preferential trade agreements, national security, and special and differential treatment for developing countries Other WTO agreements, eg: General Agreement on Trade in Services (GATS) Agreement on Technical Barriers to Trade (TBT) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Trade remedies (countervailing measures, anti-dumping measures and safeguards) and subsidies Current developments in the WTO International Law subjects Corporations appear in an increasing number of international legal domains, from trade and investment to development, human rights and environmental law. In each of these domains, international law seeks to facilitate corporate activity or hold corporations accountable for their actions. The subject seeks to offer students the historical and theoretical foundations to understand and critically analyse the engagement between international law and the corporation. Students will be introduced to competing theoretical accounts of the corporation and guided in developing an understanding of the way different conceptions of the corporation shape the development of international law, and the prospects for holding corporations accountable. Students will also gain a broad understanding of how different domains of international law treat and understand the corporation. This subject will also offer a foundation in the history of international law and corporations, from the historical involvement of corporations in imperialism to the way corporations continue to be implicated in drivers of social and economic inequality both within and between nations today. Students will be given the tools to identify how corporations have sought to influence international law, and how international law – and states – have sought to engage with the corporation. Indicative list of principal topics: The history of the relationship between companies and States. Conceptions of the Corporation. Corporations and Development. Corporations and international legal regimes, such as Trade, Investment, Human Rights and Environment. Corporate Influence in international institutions. Business Associations as International Actors. Today, international law and its institutions are being called upon to respond to and redress multiple, intersecting global crises, including climate change and its manifold consequences; global instability and conflict, including amongst nuclear powers; ‘trade wars’; rising inequality between and within states; and new technologies, including Artificial Intelligence. Understanding these developments requires knowledge in and across various distinct domains of international law, including the peaceful settlement of disputes; international environmental law, the use of force and the laws of war; international economic law; law and development; international migration law; and global health law. This subject considers these crises, and their mutual imbrications, examining the role of international law in addressing them by drawing on these distinct but related subject legal domains. It aims to think across these crises and domains to identify points of contact, co-constitution and rupture, and to consider both the potential and limitations of international law. At the same time, international law remains deeply implicated in the very social problems and transformations that imperil humankind and the planet – and that threaten to make this century its last. As a mode of thought and governance, ‘crisis’ is not new to international law. As Judge Hilary Charlesworth famously observed, international law is a ‘discipline of crisis’: throughout its history ‘crises’ have both empowered and shaped and the field - giving it purpose, while also limiting its imagination and capacity for reflexivity. This subject critically examines the historical and theoretical role that global crises – real and imagined – have played in the formation, development and functioning of international law. Indicative list of principal topics: Global Crises and International Law: A history Thinking through crises Climate change and ‘just transition’ Global Conflict The new New International Economic Order Migration and/as Decolonisation Pandemics Technological transformation The Geographies of ‘crises’: for whom, where? This highly topical subject analyses the rights of Indigenous peoples in Australia, Canada, the United States and New Zealand. Topics are discussed within a framework of encounter and include land and resource rights; doctrine of discovery; Aboriginal title; human rights; treaties; role of cultural institutions in state narratives; and constitutional freedoms. The subject is taught from a critical perspective, comparing and assessing law’s responses to and attempted control of Indigenous peoples in a global context. Indicative list of principal topics: History of the concept of Aboriginal title and the doctrine of discovery Concepts of sui generis agreement-making between Indigenous peoples and governments Encounters between governments, public cultural institutions, and Indigenous peoples Implications of government constitutional obligations and Indigenous rights Human rights and their influence on Indigenous rights Historical experience demonstrates that, without justice, it is exceedingly difficult to establish an inclusive and lasting peace. And yet, while States pay significant lip service to the importance of accountability, all too often it is the victim of - or is otherwise shaped by - real politik. For this reason, an expert international criminal lawyer must be a master of both law and politics. With this in mind, this subject will explore why, how and when individuals can be held individually criminally responsible for serious international crimes by the International Criminal Court (ICC), other international mechanisms, and national jurisdictions. In addition to considering the substantive rules of international criminal law, students will explore a range of legal policy issues relating to the prosecution of serious international crimes, and critiques of the international criminal justice project, including through case studies on Afghanistan, Palestine, the Rohingya, ISIS and the crime of aggression. Drawing on the lecturer’s experience in relation to the practice of international criminal law, and the insights of other senior practitioners, the subject is focused throughout on contemporary issues of international criminal law that are of real relevance to practitioners and scholars alike. Indicative list of principal topics: The nature of law, war and crime, and the relationship between peace and justice; The development of international criminal law, including the contribution of the ad hoc international and mixed criminal tribunals; The Rome Statute crimes (genocide, war crimes, crimes against humanity and the crime of aggression) and their relationship to customary international law; The modes of individual criminal responsibility and the defences recognised by international criminal law; The ICC’s personal and temporal jurisdiction; The proceedings and practice of the ICC; The stakeholders of international criminal law (including victims, witnesses and defendants); The role of new ad hoc criminal mechanisms (such as the International, Impartial and Independent Mechanism for Syria); and The prosecution of international crimes in national jurisdictions, including on the basis of universal jurisdiction. The implementation of the legal rules governing the conduct of military hostilities is literally a matter of life and death. 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? Indicative list of principal topics: 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 the application of human rights law, the law of occupation and emerging technologies. 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, jurisdiction and immunities, and the use of force. 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. Indicative list of principal topics: The nature, purpose and language of international law Sources of international law International legal personality, statehood and sovereignty Jurisdiction of states and jurisdictional immunities The responsibility of states for violations of international law Peaceful settlement of disputes and the functions of the International Court of Justice Regulation of the use of force in international relations (jus ad bellum) This subject provides an introduction to the basic concepts and norms of the public international legal order. It is designed for those with no (or very limited) background in international law. Students who have completed an undergraduate subject in international law or have some professional experience are advised to consider other international law offerings. Important information about this Subject This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend part-time students enrol in this subject when they first start their program of study. For full-time students, Principles of International Law (LAWS90295) is the alternative five-day intensive offering. All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law(if you don't already have prior professional or educational background in public international law): Master of Environmental Law Master of Human Rights Law; Master of Law and Development; Master of Public and International Law; Graduate Diploma in Environmental Law Graduate Diploma in Human Rights Law Graduate Diploma in Environmental Law Graduate Diploma in International Law. More information oncourse planning in the Melbourne Law Masters. This subject will examine the ways in which geopolitical concepts and arguments relate to various fields of international law, and the way in which they are given expression in legal doctrines, principles and practice. Together we will explore the way in which geopolitical contests, such as those associated with the Cold War, have led to the formation of ‘international frontiers’ in both geographical and disciplinary terms. We will explore examples of these contests, and examine their effects on international legal doctrines (such as the use of force, intervention, sovereignty and statehood), and on the formation of new legal regimes (such as the deep sea bed, and the law of outer space). The purpose of th is subject is to offer a contextual reading of the role of international law in both resisting and giving expression to the geopolitical dimensions of the long history of contestation over material and spiritual values in the world today. Indicative list of principal topics: An introduction to the ‘science’ of geopolitics and its relationship to international law. An analysis of the relationship between geopolitical frontiers and national borders, and their constitution in international law A study of the emergence and effects of such geopolitical frontiers in the following fields of international law: Statehood and self-determination (especially ‘divided’ states) Borders and frontiers (including land and maritime borders, armistice lines and spheres of influence) The use of force, intervention and regional security The Law of the Sea and the regime of the deep sea bed The Law of Outer Space An examination of various ‘case studies’ such as the status of Taiwan and North Korea, the conflict in Ukraine, contestation over the South China Seas, and current proposals for the exploitation of the resources of the deep sea bed and outer space 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 provides a normative architecture for – the practice of international diplomacy. The course will be taught by Gerry Simpson, Chair of International Law at the London School of Economics, and Richard Rowe, former senior officer of the Department of Foreign Affairs and Trade and currently an Honorary Professor in the ANU College of Law, Governance and Policy. Indicative principal topics include: International courts and organisations The politics of international law The “liberal rules-based order” The role of Legal Advice and Advisors in the practice of international diplomacy The history of international law in diplomatic practice Treaty design, negotiation and implementation Techniques of diplomacy and law Friendship and diplomacy. The questions that arise from the use of force are amongst the most controversial both in international law and international relations. Different states, civil society and international lawyers have held over time diverse opinions about the legality and the legitimacy of events such as Russia’s invasion of Ukraine in 2022, the bombing of Iraq and Syria (by the US, UK, France, Australia and others) in the war against the ‘Islamic State’ and affiliates, the use of drone strikes globally in the ‘War on Terror’ since 2001, the exercise of the 'responsibility to protect’ by the ‘international community’ 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. The question of what amounts to ‘force’ has also been contested by States since at least 1945, and the emergence of new technologies of warfare have reinvigorated these debates. Finally, the question of what to do about the unlawful use of force (including criminal and economic sanctions) has been the focus of renewed attention since Russia’s invasion of Ukraine and annexation of Crimea. 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 legal regime established since the promulgation of the UN Charter in 1945. We will examine the specific arguments states and international organisations (such as the UN, NATO, the European Union or the African Union) have used in order to justify the resort to force, and the responses of states, international organisations, courts and other groups (especially those at the receiving end of this violence) to these justifications. For example, this subject will consider questions such as the legality of 'humanitarian intervention’, the possibility of lawfully launching 'pre-emptive strikes’ against a perceived threat, 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 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 the turn of the century and the ‘War on Terror’. 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. Indicative list of principal topics: Historical approaches to the legal regulation of the use of force (including the relationship between the jus ad bellum and the jus in bello) 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 Case studies on legality of the Russian invasion of Ukraine, the NATO bombing in Kosovo, Coalition of the Willing intervention in Iraq and the global ‘War on Terror’. The development and prosecution of the crime of aggression The law of the sea relates to the allocation of jurisdiction and peaceful uses of the seas and oceans, the equitable and efficient utilisation of marine resources, and the study, protection and preservation of the marine environment. Historically concerned with the ‘freedom of the seas’ for sovereign states, the law of the sea must also address contemporary and emerging challenges such as climate change, marine species preservation, pollution, overlapping territorial claims and national security. The overarching legal regime of the United Nations Convention on the Law of the Sea (UNCLOS) is supplemented by specific agreements as well as market techniques and supply chain oversight. This subject provides an overview and critique of the established and newly forming international regimes – and their interaction – and is informed by an institutional approach that acknowledges the influence of dispute settlement systems, non-state participation and transnational and administrative practices. The lecturers have published widely on fisheries law, trade law, the law of the sea and on the interaction between international legal regimes. Indicative list of principal topics: The Law of the Sea Convention and associated instruments, including the Fish Stocks Agreement Divisions of jurisdiction within the Law of the Sea, including key notions of the territorial sea, exclusive economic zones (EEZ), areas beyond national jurisdiction (high seas) and the sea-bed area Regime of straits The International Maritime Organization and regulation of global shipping. Critical marine infrastructure (cables and pipelines). The Agreement on the Conservation and Sustainable Use of Biodiversity in Areas Beyond National Jurisdiction (BBNJ Agreement). Seabed mining in the AREA and related issues. Climate Change and the Ocean. The Convention on the International Trade in Endangered Species (CITES) and other multilateral environmental agreements (MEAs). Marine pollution, including microplastics. Relevant dispute settlement bodies, including the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), arbitral bodies and the WTO. Advisory Opinions addressing law of the sea, including whaling. Other topics may include: Marine protected areas, including efforts to create a new legally binding international agreement on Biodiversity Beyond National Jurisdiction (BBNJ) Freedoms of the seas in contested areas of jurisdiction (such as Sea Shepherd and Greenpeace’s Arctic Sunrise) Overlapping maritime claims such as the ruling on the South China Seas issued by an arbitral tribunal based at the Permanent Court of Arbitration The role of indigenous rights, subsistence and artisanal practices Selected regional approaches to fisheries management The influence of legal approaches to climate change, especially with respect to low-lying island coastal states. This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide 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 global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations. Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society. The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters. Indicative list of principal topics: The nature, purpose and language of international law; Sources of international law; International legal personality, statehood and sovereignty; Jurisdiction of states and jurisdictional immunities; The responsibility of states for violations of international law; Peaceful settlement of disputes and the functions of the International Court of Justice; and Regulation of the use of force in international relations (jus ad bellum). Important information about this Subject This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students,International Law (LAWS70173) is the alternative five-day intensive offering. All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law): Master of Environmental Law Master of Human Rights Law; Master of Law and Development; Master of Public and International Law; Graduate Diploma in Environmental Law Graduate Diploma in Human Rights Law Graduate Diploma in Environmental Law Graduate Diploma in International Law. More information on course planning in the Melbourne Law Masters. The United Nations (UN) is probably the boldest experiment in international relations in the modern era. It is a body of critical importance in the international political and legal arena, particularly with respect to its primary purposes of maintaining international peace and security; maintaining friendly relations among nations; facilitating international cooperation and providing a centre for harmonising the actions of nations in achieving these common ends. This subject aims to give students an understanding of the UN's role, structure and operation, from both a legal and a practical standpoint. To this end, the subject will examine the law and operation of the UN with reference to relevant case studies. These case studies will be used as examples to illustrate the successes and failures of the UN since its inception, and as a basis for examining the challenges that the UN may face in the future. indicative list of principal topics: The history and evolution of the UN The structure of the UN The law and practice of the General Assembly and Security Council The role of the UN Secretary-General The role of the UN in maintaining international peace and security Law and Development subjects 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. Indicative list of principal topics: 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. This subject provides a conceptual, historical and theoretical frame for students undertaking Master of Law and Development in which to situate and critically assess learning in other subjects. For students in other courses, this subject will help you understand the importance of the concept of development to our understandings of international law and appreciate development’s central role in the construction and maintenance of contemporary global orderings. Legal Leadership subjects This subject will provide students with an understanding of key concepts in the field of leadership and enable them to more effectively assume leadership responsibilities within organisations, legal practices and/or the community more broadly. The subject aims to give students not only a theoretical understanding of leadership but practical skills and approaches that they can enact both during the course and subsequently to enhance their careers and impact. The subject focuses on the particular challenges and opportunities for lawyers seeking to have impact in modern organisations and the community through leadership. The modes of instruction will include experiential learning, transformative learning, collaborative learning and guest speaker presentations. Students will draw on their own experience of leadership (as both leaders and followers) as well as biographical and hypothetical case studies in leadership. This subject is designed for students who have worked in organisations or legal practices and who have an interest in assuming leadership responsibilities. Indicative list of principal topics: A brief modern history of leadership (tracing the evolution of leadership from the industrial age to the present) Lawyers as leaders (the role of advocacy, emotional stability, expertise and objectivity in modern leadership) Harnessing human motivation Authority and leadership Leading in complexity Leading change The psychology of judgment and decision making (as individuals and in groups) Self as leader (preferences for behaviour, emotional intelligence, self-awareness and cognitive flexibility) Sustainable leadership Students in the Melbourne Law Masters program who would like to take this subject as an elective should have a minimum of 2-5 years relevant legal work experience. This subject will provide students with an understanding of key concepts in the business of law, that is, the fields of strategy, culture, leadership, marketing, human resources and legal technology. 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 firms, community legal practices, in-house legal teams or any other type of business advisory practice. Indicative list of principal topics: Practice economics Organisational culture and change management Strategy formulation and implementation Managing people Partner remuneration, roles and performance management Marketing, brand and reputation-building Business development, pricing and client relationship management Generative AI impact on the business of law Improving operational efficiency and effectiveness Business planning and measurement Why some firms fly. Private Law subjects 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; and assignment) 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. 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. Indicative list of 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. 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. 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 in important judicial decisions affecting commercial dealings. This subject considers some of the more pressing points of convergence between equitable doctrine and commercial practice, drawing throughout comparisons with the law in Australia and that in England and Wales. In doing so, our 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 lecturer is an internationally recognised expert in the commercial applications of equitable doctrines and remedies. Indicative list of principal topics: The role of equity in commercial transactions Recipient liability Accessory liability Undue influence Vitiating factors and banks Quistclose trusts Proprietary and promissory estoppels Proprietary restitution (unjust enrichment) Proprietary restitution (wrongdoing) Contract interpretation is one of the most important topics in 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 teacher 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. 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. Indicative list of principal topics: 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. 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 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. Indicative list of principal topics: 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 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 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. Indicative list of principal topics: 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. Tax subjects 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. Indicative list of principal topics: The capital revenue distinction 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 rollovers 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, China, Germany and the US, with some reference to the UK) 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. Indicative list of principal topics: 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 income taxation. Following an introduction to the foundations of international tax systems, 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. This discussion will include the multilateralised bilateralism established by the tax treaty models of the OECD and UN, which form the basis for the more than 3.500 existing tax treaties. Based on a deeper understanding of those building blocks, the different perspectives of various nations with regard to the fair allocation of taxing rights, especially in the globalised and digitalised economy, will be explored. We will include a focus on the recent and ongoing (multilateral) attempts to stabilize the international tax system, such as the OECD Base Erosion and Profit Shifting (BEPS) project, the OECD Two Pillar Solution, ongoing transparency efforts, and work on the UN Framework Convention. It will also address the relationship between international trade and investment law and tax law, particularly amid rising trade tensions. Our subject equips 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 and will shape international income tax systems. This knowledge is directly applicable to analysing international tax problems in any country. Indicative list of principal topics: Broad trends in international tax policy and structure across countries; Jurisdiction to tax (residence and source) and the impact of tax treaties; Taxation of foreign income of residents, including elimination of double taxation; Taxation of non-residents, including the scope of source taxation and "fair" allocation of taxing rights; International anti-avoidance rules, including controlled foreign company rules, thin capitalisation rules/interest barrier rules, indirect transfer rules, and transfer pricing; OECD and UN initiatives in international taxation, including BEPS, Two Pillars, UN Framework Convention, Global Forum); The relationship between international trade and investment law and tax law. 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. Indicative list of principal topics: 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 advanced corporate tax subject provides an in-depth analysis of the tax rules for Australia‘s largest public and private consolidated corporate groups, and the rules for use of losses by companies and corporate groups. It includes detailed discussion of the latest reforms in these highly technical areas of corporate tax practice, in light of tax policy applicable to companies and consolidated groups operating in Australia today. This subject is co-taught by experienced lecturers who combine academic and practitioner experience to deliver this advanced and commercially essential subject. Indicative list of principal topics: The rules for membership and formation of a consolidated group in Part 3-90 of the Income Tax Assessment Act 1997 (Cth) Operation of a consolidated group through normal trading operations, including the single entity rule, treatment of assets and liabilities, tax payment obligations, tax-sharing agreements and the company shareholder imputation system for consolidated groups Tax cost setting on joining and leaving of subsidiary members of a consolidated group, including group-to-group transactions Tax rules for multiple entry groups owned by foreign investors in Australia The interaction of consolidated group tax rules with other tax rules Tax rules for losses in companies and consolidated groups, including loss integrity rules, in Divisions 165 and 166 of the Income Tax Assessment Act 1997 (Cth). 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. Indicative list of principal topics: 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 Tax avoidance and evasion, and the general anti-avoidance rule. Important information about this Subject All international students are required to undertake Foundations of Tax Law. This subject provides a necessary grounding in Australian common law and statutory law of taxation, enabling a comparison with students’ home country tax systems. It provides the foundation for successful study in the other tax subjects studied in the course. This applies to students enrolled in the following courses: Master of International Tax Master of Tax Graduate Diploma in International Tax Graduate Diploma in Tax Specialist Certificate in Tax More information oncourse planning in the Melbourne Law Masters. 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. Indicative list of principal topics: 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; and a legislative overview of the Australian GST treatment of the “difficult to tax” issues: real property and financial services. an analysis of rulings and cases that are relevant to the operation of, and compliance with, Australia’s GST in practice; and reference to the value-added tax systems in other jurisdictions such as the European Union, United Kingdom, New Zealand and Singapore. This subject extends the study of international tax from fundamental principles to a range of advanced topics affecting inbound and outbound investment by companies, other entities, and individuals. The subject examines tax design and policy as well as the technical operation of Australian tax law. Recurrent themes include international tax avoidance, counter-measures developed through the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project, Australia’s legislative and treaty responses to BEPS, and the counterpoint of avoiding or relieving international double taxation. The subject includes a critical examination of the policies underlying Australia’s rules and whether their technical implementation achieves their policy objectives. It also considers the ongoing reform of international tax rules, particularly through the BEPS Project. BEPS reforms are redefining the rules for countering international tax avoidance. This subject enables scholars and practitioners working in international tax to be aware of how international tax rules are being developed and reformed both globally and in Australia. Indicative list of principal topics: Australia’s CFC rules, studied in depth Transferor trust rules The multinational anti-avoidance law (MAAL) The diverted profits tax (DPT) Thin capitalisation rules Hybrid mismatch rules Tax treatment of unfamiliar or hybrid entities Treaty-related anti-avoidance rules Exchange of information and other administrative assistance between tax administrations This core international tax subject is of central importance given Australia’s ever-growing role in the modern, global economy. and contemporary reforms intended to address the effects of digitisation and base erosion and profit sharing 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. It also examines measures to prevent tax avoidance, such as controlled foreign company rules. 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. Indicative list of principal topics: Principles of international taxation Rules for determining residence and source Rules for the taxation and avoidance of double tax of residents’ foreign income including foreign income tax offsets and exemption of foreign income Rules for the taxation of non-residents’ Australian source income (business income, interest, dividends and royalties) Introduction to accruals taxation of controlled foreign corporations. Note: Advanced treatment of tax treaties, controlled foreign corporations and trusts, thin capitalisation, transfer pricing, base erosion and profit shifting will be provided in the following suite of advanced and specialist international tax subjects. International Tax: Anti-Avoidance Transfer Pricing Tax Treaties Current Issues in International Tax Chinese tariffs and tax law and policy play an important role in doing business with China. This subject offers a general introduction of the Chinese tariffs and tax regime, and also addresses the core elements of Chinese tariffs, value added tax, individual income tax, enterprise income tax, anti-tax avoidance measures and tax treaties which usually are the key factors influencing international trade and investment when involving China. Furthermore, the subject will bring you up to date through exploring the impact on China by the ongoing trade war and the international initiatives to tax digital economy, both of which are of high attention from business. Indicative list of principal topics: A general introduction to the Chinese tariffs and tax regime: source of law, main players, tax mix, tax administration and dispute resolution. China’s tariffs law and policy: WTO, free trade zones, anti-dumping and anti-subsidy, and impact by the trade war. China’s Value Added Tax: the governing laws, taxpayers, calculation, and tax invoices. China’s Individual Income Tax: the governing laws, taxpayers, calculation, and filing. China's Enterprise Income Tax: the governing laws, taxpayers, source rules, tax rates, calculation and filing obligations, and tax incentives. China's tax treaties: bilateral tax treaties and multilateral conventions, taxing business profits, permanent establishment, taxing dividends, interest and royalties, credit method. China's anti-tax avoidance measures and tax cases: transfer pricing rule, thin capitalisation rule, CFC rule, GAAR and taxing offshore indirect shares transfers. Impact on China by the G20-OECD BEPS Project and the Two-Pillar Solution to address the tax challenges arising from the digitalisation of the economy. Effective tax administration is at the heart of making tax policy work in practice. This subject takes you inside the workings of the Australian tax system — and beyond — to explore how laws are applied, enforced, and interpreted in the real world.We will examine the central role of the Federal Commissioner of Taxation and the Australian Taxation Office (ATO), uncovering how they exercise their powers, make decisions, and interact with taxpayers, tax professionals, and other government bodies at home and abroad. This subject offers a rare opportunity to view tax administration from multiple perspectives — as a taxpayer, a tax professional, a regulator, and a policy-maker — giving you a deeper understanding of how the system really works and how to navigate it successfully. Indicative list of principal topics: How the tax system operates under Australia’s self-assessment regime The ATO’s structure, governance and internal checks and balances Compliance strategies, information-gathering powers and investigations The ATO’s advice and guidance to taxpayers — and how to use it effectively The Commissioner’s general and remedial powers The relationship between the ATO, the tax profession, and the Tax Practitioners Board Taxpayer rights, including challenging ATO decisions Oversight and scrutiny of the ATO by Parliament and other government agencies The ATO’s role in shaping tax policy and legislation The ATO’s engagement with global bodies such as the OECD This subject is taught by Professor Ali Noroozi who has more than 32 years of experience spanning government, private practice, and academia. He offers a unique insider’s perspective on tax administration. As Australia’s Inspector-General of Taxation from 2008 to 2018, he led an independent agency reviewing the actions of the ATO and the Tax Practitioners Board, driving reforms that shaped the modern tax landscape. His earlier career included senior roles in leading law and accounting firms in Australia and the UK. Students benefit not only from his deep technical expertise but also from the wealth of real-world insights and practical strategies he brings to the classroom. 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. Indicative list of principal topics: 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. Indicative 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. 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. Indicative 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 critically examines and provides students with a deep understanding of the legislative frameworks, judicial doctrines, and administrative practices that govern the taxation of employment income and personal services income in Australia. It also touches on broader employment and labour law concepts, in understanding more deeply the relevant taxation consequences relating to human capital and personal exertions, and from the perspective of all relevant parties. This subject has an Australian focus. Indicative list of principal topics: Fundamental tax principles relating to salary/wages/commissions/bonuses Fringe Benefits Tax Superannuation Guarantee / Superannuation Guarantee Charge Payroll Tax (in all States/Territories) The distinction between employees and contractors Taxes relating to expatriates and income equalisation Employee share schemes Employment termination payments All governments need robust tax systems capable of funding them. Modern tax systems have also taken on other public policy roles, in income distribution and economic activity, and become integral to governments’ social and economic policies. Tax policy design thus entails a challenging mix of economic, social, legal, accounting and administrative policies - which has become more complex in a world of increasingly mobile capital and labour. This subject looks at Australia’s tax system and experience with reform over recent decades, comparing it with other countries. The subject will analyse the available tax bases, the interactions between the tax and transfer systems and issues of tax law design and administration. Indicative list of principal topics: Introduction to economics, fiscal policy and the processes of government Principles, objectives and main concepts in tax policy formulation Analysis of the main tax bases in Australia Major issues in tax reform in Australia, including in relation to revenue adequacy, economic efficiency, social equity and administrative simplicity Interactions between the tax and transfer systems The potential of the tax system to pursue environmental objectives 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. Professor Richard Vann has advised the OECD 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. Indicative list of principal topics: 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. 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. Indicative list of principal topics: 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 private trusts, such as unit trusts and family discretionary trusts. Indicative list of principal topics: Definition and types of trust at law and for tax purposes and framework of trust tax rules Taxation of trust income to beneficiaries and trustees, present entitlement, income, net income and flow-through of tax attributes, such as franking credits and capital gains Trust losses Anti-avoidance and integrity rules Capital gains for trusts, including formation, distributions, termination, unit trusts and deceased estates Dividend imputation for trusts. 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. Indicative list of principal topics: 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. Minor Thesis To undertake the Master of Laws minor thesis option, students complete 50 credit points drawn from the subjects prescribed by the Law School as part of the coursework program and a minor thesis (equivalent to 50 credit points of study) on a topic approved by the Law School. The minor thesis allows students to develop highly specialised expertise in a selected area of law, carrying out independent research to produce a substantial thesis that makes a distinctive contribution to knowledge and the literature in the relevant legal field. Students will develop an advanced understanding of research methods and principles, will be supervised by one of the Law School’s leading academics in their chosen field of research and, at the completion of the minor thesis, will have the satisfaction of having produced a piece or pieces of legal writing worthy of publication in a learned legal journal. Completion of the minor thesis demonstrates a critical application of specialist knowledge and should make an independent contribution to existing scholarship in the area of research. Important information about enrolling Upon successful completion of three coursework subjects with a minimum of 75% in each, and having completed at least one research paper of 5,000 words or more, candidates admitted to the Master of Laws can seek approval to enrol in the minor thesis. Candidates are required to submit a thesis topic and outline. Then Melbourne Law School will seek an appropriate supervisor before final approval can be granted. More information about the application and enrolment process can be found on the Minor Thesis option webpage. The minor thesis allows students to develop highly specialised expertise in a selected area of law, carrying out independent research to produce a substantial thesis that makes a distinctive contribution to knowledge and the literature in the relevant legal field. Students will develop an advanced understanding of research methods and principles, will be supervised by one of the Law School’s leading academics in their chosen field of research and, at the completion of the minor thesis, will have the satisfaction of having produced a piece or pieces of legal writing worthy of publication in a learned legal journal. The minor thesis demonstrates a critical application of specialist knowledge and makes an independent contribution to existing scholarship in the area of research. The minor thesis should consist of: A major article or articles suitable for publication in a learned legal journal of a standard approved by the Law School; or Be an empirical study of the operation of particular legal doctrines or legislation; or Draft legislation with an appropriate commentary; or Any other type of research work approved by the law school. Important information about enrolling Upon successful completion of three coursework subjects with a minimum of 75% in each, and having completed at least one research paper of 5,000 words or more, candidates admitted to the Master of Laws can seek approval to enrol in the minor thesis. Candidates are required to submit a thesis topic and outline. Then Melbourne Law School will seek an appropriate supervisor before final approval can be granted. More information about the application and enrolment process can be found on the Minor Thesis option webpage. Further subjects relevant to this course This is a foundational subject in the Melbourne Law Masters (MLM) which is compulsory for graduates of disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia. The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice. The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer. Indicative list of principal topics: How to read and analyse a case The concept and use of precedent Evolution of a common law principle Common law issues: judicial activism, separation of powers The role of the High Court and an overview of the Constitution The relationship between the Constitution, case law and statute law Influences of other sources of law on the common law How to read and analyse statutes Approaches to statutory interpretation Legal writing skills and expectations in the MLM program. Important information about this Subject This subject is an important foundational skills-based subject for many common-law focussed subjects in the Melbourne Law Masters. We recommend Masters students needing an introduction to the common law enrol in this subject when they first start their program of study. For most graduate diploma students, Australian Legal Process and Legal Institutions (ALPLI) is the alternative intensive offering. All students enrolled in the following common-law focussed Masters courses are strongly recommended to take LAWS70217 Fundamentals of the Common Law (if you don't already have prior professional or educational background in the common law): Master of Banking and Finance Master of Commercial Law Master of Construction Law Master of Employment and Labour Relations Law Master of Energy and Resources Law Master of Health and Medical Law Master of Intellectual Property Law Master of Private Law Master of Laws (if you wish to focus on one of these common-law areas above) More information oncourse planning in the Melbourne Law Masters. International Legal Internship allows students to gain credit for undertaking advanced legal research and analysis on an approved international internship of at least five weeks of full-time work in an approved international institution or organisation. This subject is focused on providing students with an opportunity to engage with legal and policy issues in contemporary society through work experience and further develop oral and written communication skills. Students are required to secure and fund their internships personally. Students are encouraged to discuss their internship proposals with the subject coordinators. Students who successfully enrol in International Legal Internship must arrange a meeting with at least one of the subject coordinators both prior to their internship and upon completion, to develop a better understanding of research and the role of international institutions in international law and relations. Important information about enrolling This subject is not available for self-enrolment but is an application-based enrichment subject, which means prospective students must apply to enrol. More information about the application process can be found on the MLM International Legal Internship webpage. The ability to influence and persuade is a key skill for policymakers and public managers whether it’s presenting advice to senior decision makers, influencing a group in a meeting or building support with stakeholders. This subject provides a practical introduction to persuasion, exploring both classical and contemporary theories and ideas. It draws on the art of rhetoric and the fields of social psychology, communication and management. Students will be introduced to the key concepts and tools underpinning persuasion and learn how to influence, build rapport and trust. The use of persuasion will be explored in a range of scenarios at the individual and group level through case study analysis and practice-based tasks which will develop students’ hands-on skills.