Law (LAWS)
This is an introductory law subject designed to introduce the fundamentals of law in a commercial context. The subject introduces students to the basic principles of law and the legal system as well as examining some of the major areas of law that impact on commercial dealings. This subject examines the legal system, the way law is made and the main areas of law relevant to starting and running a business including contracts, negligence and consumer protection.
This is an introductory law subject designed to introduce the fundamentals of law in a commercial context. The subject introduces students to the basic principles of law and the legal system as well as examining some of the major areas of law that impact on commercial dealings. This subject examines the structure of the legal system, the way law is made, and the main areas of law relevant to starting and running a business including contracts, torts and consumer protection.
This subject provides students with the fundamental legal skills required to succeed in the study and practice of law. Students will be introduced to the Australian legal system, legal study skills, academic integrity, how law is made, how cases and statute interact, the Australian court hierarchies, case analysis skills, statutory interpretation skills, an introduction to the role of legal professionals in Australia.
This subject introduces students to the Australian legal system. It considers the historical and legal factors which influenced its development and the key institutions and processes which have resulted. It considers the impact of Australian law and legal system on Indigenous Australians and their laws. The subject introduces students to legal method: legal reasoning and statutory interpretation. Students will also develop academic literacies, including study management, writing and referencing in a legal context.
The subject exposes students to the contexts that affect how law is made, some of the institutional limitations on law and justice and the impact of globalisation on law. It introduces theories about the nature and function of law in historical, political, social, economic, cultural, ethical and international contexts. The connection between race, gender, culture and law is examined within the context of the Australian legal tradition, legal history, and the impact of the Australian legal system on Australian First Peoples. The subject introduces students to the processes of critical evaluation of arguments, legal communication and logical and critical problem solving involving statutory interpretation and precedent.
LAWS 1006
Alternative Dispute Resolution (ADR) processes are no longer 'alternative' but a major part of the contemporary justice system. Modern legal practice requires lawyers to negotiate settlements on behalf of clients and advise clients how to resolve disputes without litigation. Non-adversarial processes offer many benefits to parties, professionals and the community. This subject will introduce you to the theory and practice of alternative dispute resolution processes and provide you with the opportunity to develop key ADR practice.
LAWS 1006 OR
LAWS 1006
Contracts covers the formation of contracts, the requirement of writing, privity of contract, contractual terms and their interpretation, breach of contract, discharge of contractual obligations and elements vitiating its formation such as misrepresentation, misleading and deceptive conduct, mistake, undue influence, unconscionability, duress and discharge. Statutory developments are also considered such as the Contracts Review Act 1980 (NSW) and the Australian Consumer Law, as are the historic and theoretical aspects of the development of the law of contract.
LAWS 1003
This subject introduces students to the basic principles of criminal law and criminal responsibility and the criminal justice process as located in its broader social and political context, including the impact of the criminal justice system on Indigenous Australians. Students will engage in collaborative class learning with a particular focus on legal problem solving and participate in a mock bail application.
LAWS 1003
Financial services is one of the fastest growing sectors of the Australian economy. This is an essential subject to understand legal, compliance and regulatory issues relating to the financial services sector in Australia. Students will be introduced to the licensing requirements for entering the financial services sector and the obligations for marketing and offering financial products and financial services to retail and wholesale clients. Students are then introduced to the main techniques of financial services regulation: disclosure, licensing, prohibitions or insider trading and market manipulation, self-regulation and powers of investigation and enforcement.
First Peoples and the Australian Legal System provides students with a grounding in the central legal issues associated with the historical and contemporary interaction of First Peoples with the Australian legal system.
Government and Public Law introduces students to the field of public law and the operation of government in Australia. The subject has four key focus areas: Public Law in Australia, How Government Works, Government Accountability and Integrity, and Individuals and Government. The subject is intended to provide an overview of government and public law in Australia. The subject provides a foundation for the later study of Administrative Law and Constitutional Law.
LAWS 1006
This subject deals with legal issues concerning the creation and control of companies and compares this structure with other forms of business organisations, such as joint venture, partnership, trusts and sole traders. This subject will provide students with an appreciation of partnership, and companies and a practical operation of a scheme of corporate regulation in the Australian federal system.
LAWS 1001
This subject aims to provide business students with the foundations for identifying, establishing and developing an organisation's regulatory risk and compliance framework. To achieve this, the subject will analyse current theory, international best practices, as well as key commercial law obligations, which Australian businesses are expected to comply with.
LAWS 1001
The subject introduces students to the legal principles and policy of a variety of torts, defences and remedies. The subject also introduces students to the generic legal skills of case reading and, analysis and note taking, statutory interpretation and legal problem solving, as well as placing the law in the wider political and social context.
LAWS 1003
This subject covers the ethical and legal issues associated with medical practice and research, including issues raised by new developments in biotechnology. Topics covered include the following: the nature of moral thinking, issues of life and death, experimentation and research involving human subjects, genetic technology, new reproductive technologies, consent and confidentiality.
This subject examines the nature of the legal profession and its role in society. It deals with the professional, legal and ethical responsibilities legal practitioners owe to the law, the courts, their clients and to fellow practitioners, as well as the state and society at large. Students will be able to explain and evaluate the law and practice of legal practitioners, by reference to key topics, such as: professionalism; legal ethics; the history, structure and regulation of the legal profession; and the interpersonal, psychological and cultural factors affecting lawyers. Guided by an ethical decision-making model, students will demonstrate their ability to use primary legal materials to answer legal ethical problems.
200977 Fundamentals of Australian Law
This subject introduces students to the Australian laws governing transactions involving the transfer, registration and use of property. Focusing on commercial applications students will consider laws governing real, intellectual and personal property including topics such as registration requirements under the Torrens title system and the Personal Property Securities Act (PPSA) as well as enforceability and alienation of proprietary interests, leases and deeds, and subsidiary interests such as covenants and easements.
This subject provides a practical framework around complex family law matters and builds upon the skills obtained in 200633 Family Law. This subject provides the students with the opportunity to obtain practical skills in taking instructions from clients, drafting orders, making urgent applications, children's matters including complex family dynamics, child dispute services, Family Reports, Magellan matters, drafting documents, Relocation Cases, Hague Convention Cases and Contravention Proceedings, Property Matters including assets and values, financial disclosure, conciliation conferences, contributions, expert evidence, spousal maintenance and enforcement proceedings, as well child support and running undefended hearings.
Advanced Torts and Civil Wrongs examines in detail the basic principles and current issues in selected areas of torts law and civil liability.
This subject imparts basic courtroom trial skills giving practice in applying substantive law, practice, procedure and evidence in a simulated courtroom. It also explores both professional and ethical issues involved in the courtroom. There is a limit on enrolment in this subject because of the teaching method adopted.
This subject provides students with a practical understanding of Australian anti-discrimination and equality law, including relevant state and federal legislation, and significant cases. It encourages the development of critical perspectives on the operation and effectiveness of existing regulatory responses to discrimination. Starting with a conceptual and historical overview, this subject considers the key grounds/attributes, types of conduct, and activities (areas of public life) that are protected under current Australian anti-discrimination law. Relevant defences, exceptions and exemptions are also considered, along with procedural requirements for bringing a discrimination complaint, remedies and costs.
This subject examines the main competition law provisions of the Competition and Consumer Act 2010 (Cth). Specifically, it examines the key concepts and economic principles that form the basis of competition law, the relevant case law, the available statutory remedies, and enforcement powers of the Australian Competition and Consumer Commission. This subject will provide students with an in-depth understanding of the theoretical basis of competition law as well as a practical understanding of how the competition provisions (including restrictive trade practices and cartel provisions) are applied.
This subject examines the main statutory provisions of the Australian Consumer Law. Specifically, it examines key concepts and principles of Australian Consumer Law, relevant case law, and statutory remedies that are available. The subject will provide students with not only an understanding of the theoretical basis of Australian Consumer Law, but also a practical understanding of how the provisions are applied.
This subject examines the Australian financial system and capital markets in the context of the banker customer relationship, commercial lending and security (including the Personal Property Securities Act 2009 (Cth)). The subject also introduces students to key financial instruments which are used in general banking and finance practice such as letters of credit and performance guarantees. Finally, students will examine key legal concepts in lending and structured finance including securitisation covered bonds and derivatives.
The subject introduces students to the different legal systems of the world: the common law and civil law traditions, indigenous legal systems, religion-based legal systems and legal systems in Asia. It aims to provide an understanding of how they have developed in particular legal and cultural contexts. It also examines and evaluates the impact of the introduction of western legal systems in non-western countries. We will study the systems of both at the general level and in relation to specific laws, such as family law, torts and contracts, dispute resolution and procedure. The subject is also concerned with the nature and function of comparative law as a discipline. Students will be encouraged to undertake individual research and to evaluate legal information derived from a variety of different sources and perspectives.
Conflict of Laws (also known as Private International Law) is about resolving legal questions involving more than one jurisdiction. Conflict of Laws issues may arise between the Australian States and Territories or between nations. The globalisation of economic activity, and ease and affordability of travel and telecommunications have contributed to the recent dramatic increase of trans-national dimensions in personal and commercial litigation. This subject provides an introduction to the sources of conflict of laws, the international jurisdiction of domestic courts, the recognition and enforcement of foreign judgements and decrees, and the problem of choice of law as it arises in various situations.
Through an interdisciplinary approach, this subject explores the place and role of the modern for profit business corporation in advanced and emerging capitalist economies. It examines the public and private role of public and private companies (and their equivalent in non-common law jurisdictions), their external and internal orientation, and issues relating to their accountability, responsibility, and transparency.
The world is being transformed by digital technologies. The same technologies that make life more comfortable for some can unleash violence and destruction for others. Cyber war and cyber terrorism offer new risks for the international community. Bullying, identity theft and bank fraud, on a more local level, are given a new life in the cyber world. Cyber technologies also provide enhanced opportunities for detecting and apprehending criminals, resolving disputes and modernising justice processes. New social spaces are opened up (social media networks, the 'dark web'), and new identities made possible (online grooming profile, avatars). How does the law keep up with the emergence of new crimes and technology-enhanced versions of old ones, and how do the cultural worlds of hackers, crackers and trackers work? The subject examines how justice processes and spaces, as well as criminal networks and strategies, are being reimagined to take advantage of the new technologies.
This subject examines law relevant to an aging community. The legal issues are examined in a broad social, cultural and ethical context. Issues of legal capacity relevant not only to the law of contracts but also to medical treatment and end of life decisions are considered. Similarly the law relating to areas of special importance to the elder community such as age discrimination, pensions, retirement villages, wills and estate planning are also discussed.
This subject focuses on the law that regulates individual aspects of employment relationships, including the contract of employment. It aims to place an examination of the development, nature and scope of relevant legal principles in the context of the key features of the contemporary Australian labour market.
This subject examines the principles of the law of equity and trusts in Australia. The primary emphasis is on the nature and development of the law of equity and students are also introduced to fundamental principles in the law of trusts. Topics include the nature and application of principles and maxims of Equity, the trust, the types of trusts and introduction to express trusts.
The subject aims to provide a detailed study of laws which impact on estate and succession planning, with a focus on identifying practical and strategic planning opportunities and outcomes. The subject forms part of the elective stream of a sub-major in financial planning. Some issues considered in this subject also have an impact in respect to investments, insurance and risk management, retirement, superannuation and taxation consequences.
This subject develops mediation skills and understanding of family dispute resolution. It builds on LAWS 3023 (200633) Family Law to deepen student knowledge of and capacity to assist separated parents to resolve disputes about their children and property. Particular attention is given to processes concerning children and processes to assist families who present with highly complex family dynamics, including the presence of family violence. This subject develops students’ skills to recognise and understand the drivers of conflict for separating couples, and how to conduct family dispute resolution in both the court and non-court context.
This subject aims to graduate students who will become reflective, ethical and effective family lawyers and/or family dispute resolution practitioners. This subject adopts a range of perspectives to critically evaluate developments in theory, laws, policies and practices concerned with the legal regulation of intimate relationships, particularly after separation. Family law balances the competing rights, obligations and interests of partners, children and others following separation, often in the context of complex family dynamics. In addition to having a sound grasp of family law, family lawyers must also appreciate the social, political, psychological and economic contexts that influence separating families.
LAWS 1003
An LLB alternate subject, Foundations of Chinese Law is taught intensively at a selected Chinese university. The subject introduces students to the basic structure of the Chinese legal system, its laws and the legal culture. Through seminars and field trips to Chinese courts and law firms, the subject aims to develop your understanding of how the Chinese legal system has developed in its political and cultural contexts. It covers the Chinese legal systems at the general level and in relation to specific law, such as contracts, foreign investment law, dispute resolution and procedure.
This subject is taught intensively at selected Indian university law schools. The subject introduces students to the basic structure of the Indian legal system, its laws and the legal culture. Through seminars and field trips to Indian courts and law firms, the subject aims to develop student understanding of how the Indian legal system has developed in its political and cultural contexts. It covers the Indian legal systems at the general level and in relation to specific law, such as contracts, human rights and labour law, Corporate Social Responsibility, Indian Stock Exchange and Trading Law, Corporate Governance and Board Diversity.
This subject aims to provide students with an understanding of the key principles and foundations of corporate governance. By applying an interdisciplinary approach, this subject explores how companies across key jurisdictions (US, UK, Japan, China and Australia) are directed and steered. On completion of this subject, students are expected to have acquired an understanding of various theories and models of corporate governance, as well as international best practices.
LAWS 1001
This subject examines the theory and practice of international human rights law through the framework of specific, current human rights issues. The Subject examines the moral and political justification for human rights; the foundations and historical development of key human rights instruments and institutions; the domestic, regional and global organisations that contribute to the promotion and protection of human rights; and challenges to realising human rights in different economic, cultural and religious contexts. Through a focus on contemporary issues and debates (which might include for example, the scope of the right to privacy; the effectiveness of measures to prevent genocide; the vulnerability of women and children in conflict situations) the Subject encourages a critical examination of the interconnectedness of rights and the way international human rights law is deployed to expand (or constrain) possibilities for social change and justice. The subject integrates the experience of the teachers as active human rights practitioners and academics in a range of institutions such as with National Human Rights Institutions, Human Rights NGOs, and Subjected Nations bodies to interrogate the range of ways in which human rights can be used to advance the equality and dignity of humanity.
LAWS 1006
This subject examines the place of regional human rights systems in the global architecture of human rights. Concepts of universalism, relativism and the 'Asian values' debate are examined. The record of human rights treaty ratification and compliance in Asia and the Pacific is examined within the context of the international treaty system as well as the ASEAN regional human rights regime. The development and implementation of international and domestic human rights protections in criminal law, constitutional law and institutional construction are examined across the region. The role of civil society, non-governmental organisations and networks, and middle powers in impacting the politics, law and institutions of human rights protections across the Asia-Pacific region is examined.
LAWS 1003
This subject provides an introduction to immigration and refugee law principles in Australia. Students will be introduced to the basic statutory machinery and policy principles that guide legal practitioners in resolution of immigration and refugee law problems in Australia. The subject will also provide an introduction to the historical, political and theoretical framework which underpins this area of the law, and explore some of the more prominent Australian cases associated with immigration and refugee law.
This subject examines the operation of information technology for online data collection, information privacy and data governance laws and regulation. The subject focuses on the right to privacy, the protection of individuals with regard to the processing of personal data and the free movement of such data and the legal framework for information protection. The framework for information privacy and data governance is established by both international and domestic law and regulation. The subject introduces the basic legal framework for information privacy protection and governance under the European Union's Commission, the OECD Guidelines for the Protection of Privacy and Trans-Border Flows of Personal data and under the Australian Privacy protection framework. The subject compares the information governance policy and framework in the European Union and the United States with that in Australia.
The laws regulating insolvency administration have developed over time into an integral component of the legal system, domestic and international. By purposive analysis of the Australian and cross-border legislative provisions, this subject introduces the law and public policies by which regulators administer insolvent corporate entities and persons, and examines potential outcomes, including restructuring proposals.
This subject provides an introduction and overview of the legal principles of intellectual property law, and traces the development of this law in Australia. It is designed as an introductory survey subject for undergraduate law students. Students will be considering the nature of intellectual property, the legal framework which contains it, the ways in which it can be protected and the reasons why it might seem important to our society to uphold intellectual property rights. The modules will cover the four major intellectual property regimes of trademarks, copyright, designs, and patents as well as issues relating to traditional knowledge of Aboriginal and Torres Strait Islander Peoples.
This subject is designed to be taught offshore as well as in Australia. It examines the legal regimes governing international business; international sales transactions; licensing, and investment arrangements; build, operate and transfer schemes; what lawyers do when negotiating and drafting international trade; what needs to be taken into account when dealing with developed, developing, and non-market economies; and the interplay of law, politics and culture in these contexts.
This subject analyses the current state of international criminal law and its place in the modern international legal system in light of important recent developments. It discusses why States should reform their national criminal laws to accord with international developments. It focuses on both the substantive and procedural law. It examines relevant international legal concepts, general principles of international criminal law, and how international criminal tribunals function. It considers particular international crimes, participation in such crimes, defences, and important recent cases such as Pinochet and Slobodan Milosevic.
This subject aims to train those students selected to represent the School of Law,Western Sydney University, in international law Mooting Competitions in litigation and advocacy before international courts. Depending on the circumstances at the time, the possible competitions will be one or more of the following: Jessup International Law Court Competition; Jean Pictet International Humanitarian Law Competition; Manfred Lachs Space Law Moot Competition; Stetson International Environmental Law Competition. Other alternate competitions may be chosen in the future. For several of the competitions, the majority of the work will be conducted over the summer months and students will be required to undertake that they will devote sufficient time during that period to properly undertake all required tasks. Students will be provided with a grounding in issues including jurisdiction, admissibility, interim measures, principles of state responsibility and remedies. The course will focus on the International Court of Justice. The course will also have a practical component aimed at enhancing the advocacy skills of participants and applying the theory to the practical aspects of the conduct of international advocacy. Students will be involved in the preparation and presentation of a hypothetical case before the ICJ and will be given the opportunity to develop their advocacy skills, including the preparation of written submissions and delivery of oral submissions, in a non-competitive context.
This subject examines the legal regime governing the international exchange of goods, services and capital. The focus of the subject will be the WTO and the GATT, GATS, and TRIPS agreements with attention given to the interaction of trade and investment issues, and the interplay of law, politics and diplomacy in regulating these issues. Topics include: the international legal framework for international trade and investment, structural and transactional aspects of international trade and investment, dispute settlement, bilateral and multilateral trade agreements, the impact of national and foreign trade policies on world trading activities, the role and interest of Australia as a trading nation, and trade as a political issue.
This subject will examine the law, principles and practice governing international business transactions, including such issues as foreign investment law, the UN Convention on Contracts for the International Sale of Goods (CISG), the means of cross-border payments in international business and international banking and finance, and international anti-corruption regulations. The subject will also examine the enforcement of international business agreements, including alternative dispute resolution in an international context.
LAWS 1001
This subject explores the intersection between Islamic law, international law and human rights. The subject begins with providing a theoretical framework introducing international law and human rights from a secular and Islamic perspective, providing an overview of how classical and contemporary Muslim scholars engage with the human rights discourse. The second part of the subject will discuss human rights from the perspective of nation states, examining the legal framework (in the context of Islamic and secular law) of key nation states, as well as that of some international organisations (including the Organisation of Islamic Cooperation and the Arab League). Students will examine whether there is an ideal governance framework to protect human rights and discuss core international human rights treaties including Islamic Human Rights instruments (i.e. the Universal Islamic Declaration of Human Rights, the Cairo Declaration on Human Rights in Islam and the Arab Charter on Human Rights). Students will discuss specific human rights issues including Islam and gender, Islam and freedom of expression, Islam and freedom of religion and Islamic criminal law. When examining these topics, students will be encouraged to engage with various interpretations of Islamic law, as well as critically examine the human rights framework.
This subject introduces students to Islamic legal theory, its sources and principles, and its application by different schools and scholars to derive religious verdicts. Students will study efforts to 'streamline' Islamic law through a number of Sunni and Shiite schools, various conceptions of shari'ah, and modern attempts at law reform through dynamic scholarship and ijtihad (independent judgment). Upon completion, students should be able to explain developments in Islamic legal thought within their socio-historical contexts, and identify key debates among Muslim scholars. Using current case studies, students will also study Islamic law issues affecting Muslims today, especially Muslim minorities.
LANG 2017
This subject engages students in the critical analysis of modern law through reflection on the major traditions and contemporary practices of legal theory. The subject encourages students to examine and question key legal concepts that inform the law, such as power, morality and truth. Students will interpret, analyse, justify and critique issues and ideas using tools of critical reflection drawn from texts in legal philosophy, ancient to modern. In this way, they will develop tools that allow them to understand and uncover the foundational ideas and assumptions on which we base our view of the law and its consequences, leaving students well-placed to embark upon systematic inquiries in legal reform and further studies in legal theory.
This subject gives students an in-depth treatment of various aspects of the law relating to the transfer of land and interests in land. Transactions dealing with land are examined from both a commercial and residential perspective. These matters form an integral part of the practice of law and are approached from a practical perspective. Topics include the standard agreement for sale of land, the law and practice relating to different title systems, mortgages, leases, easements and covenants.
This subject examines the link between law, public policy and social reform and adopts a range of social, political and legal perspectives to examine the policy process and its interaction with law. It invites students to engage, study and reflect on discourse and activism around the 2023 referendum proposal to change the Australian constitution to include a First Nations Voice to Parliament. The subject will (i) deepen students’ legal knowledge about the constitution and the process of constitutional amendment (ii) expand students’ awareness and understanding of the political and social processes that underpin legal change (iii) provide an architecture within which students can create forums for the exercise of deliberative democracy at the local and community levels (iv) provide a space for students to debate, discuss and reflect upon various modes and mechanisms of change (v) provide an opportunity for students to creatively engage in change processes using social media and other tools to influence constructive debate.
This subject deals with issues that arise in relation to the selection of appropriate structures for the conduct of non-profit and commercial dealings. Students examine the legal and practical requirements involved in creating, operating and winding up associations, partnerships and corporations. Emphasis is on the creation and operation of corporations, and the duties and liabilities of directors and officers, as well as the rights and obligations of shareholders.
This subject focuses on the law that regulates individual aspects of employment relationships including the contract of employment. It aims to place an examination of the development, nature and scope of relevant legal principles in the context of the key features of the contemporary Australian labour market.
This subject examines the structure and functions of the world's major transnational organisations. The subject extends students' understanding provided by Public International Law by examining the reality of international action and cooperation. Given that the European Union is the most highly evolved transnational organisation in the world today, the course will be centred around this organisation, while comparing it with other major international organisations such as the UN, the WTO and regional transnational organisations such as the African Union and the Organisation of American States. The Brexit process currently taking place in the EU will be analysed as a disruption to the trend of transnationalism.
This subject will introduce students to the rules regulating the principle uses of the world's oceans. It will highlight historical development of the law of the sea, the sources of the contemporary law of the sea and the adoption of the 1982 Convention on the Law of the Sea (UNCLOS). Legal regime of various maritime zones including territorial sea and contiguous zone, continental shelf, the exclusive economic zone and the high seas will be studied. Various sources of marine pollution, fisheries, marine scientific research, maritime spatial planning, deep sea bed mining and dispute settlement will also be explored in this subject.
This subject examines various aspects of the laws that regulate the media. The central content of the subject consists of defamation, contempt, privacy and surveillance and a selection of other laws impacting upon this industry. Throughout the subject we will also explore two key themes. The first is whether, as a question of policy, current legal restrictions to media freedom appropriately balance the protection of free speech with various other interests, including protection of reputation, personal privacy and the effective administration of justice. The second theme asks whether media laws that were developed to regulate traditional mass-media organisations apply to individuals who publish their own content online, particularly via social media, and, if so, whether this application is appropriately balanced. Analysis of the application of existing media law principles to a range of new technologies will be featured throughout the subject.
This subject aims to provide knowledge and understanding of Australian medical law, including some cutting edge legal and policy issues that arise in this field. The legal issues are examined in broad social, cultural and ethical contexts, including critical perspectives on medical law and policy relating to Indigenous people. Medical law is an exceptionally vibrant and challenging field, underpinned by the rapid pace of scientific and social developments that generate new issues for medicine and for the law. Many of the more challenging issues for the law are at the core of policy — birth and reproduction, choice and responsibility, life and death.
This subject is designed to give students an introduction to the interface between the disciplines of psychiatry and law. It examines how the empirical research and theories of psychiatry intersect with the application of legal principles and practices. As a result of successfully completing this subject, students should be able to translate personal and social issues concerning the study of mental illness and mental health into the practice of mental health law and critically evaluate different perspectives and contemporary debates about mental illness and mental health.
This subject aims to train students in mooting conducted before an appellate court or tribunal. Students will be provided with a grounding in issues including jurisdiction, admissibility, and remedies. The subject will focus on one or more areas of domestic substantive law and will include a research component. The subject will also have a practical component aimed at enhancing the advocacy skills of participants and applying the theory to the practical aspects of the conduct of appellate advocacy. Students will be involved in the preparation and presentation of a hypothetical case before an appellate court or tribunal and will be given the opportunity to develop their advocacy skills, including the preparation of written submissions and delivery of oral submissions, in a non-competitive context. Undertaking this subject would be useful for students seeking to participate in one or more law mooting competitions, representing Western Sydney University such as the Sir Harry Gibbs Constitutional Law Moot, Sir John Peden Contracts Moot, Shine Lawyers Torts Moot, AAT Moot, and the Law Council of Australia Family Law Moot.
This subject seeks to achieve a balance among theory, policy and practical issues in its approach, and it incorporates a strong interdisciplinary component in the introductory phase. It examines the planning laws in the state of New South Wales. Topics covered include an analysis of the functions of the relevant ministers, State government departments, and local councils; the role of public agencies; the effect of environmental planning instruments; and the impact of the planning system.
LAWS 1003
This subject is delivered by the Public Interest Advocacy Centre, an independent, non-profit legal and policy centre. The subject introduces students to systems advocacy and public interest law and exposes them to organisations that are directly involved in public interest and pro bono litigation and activities.
This subject provides an introduction and overview of the legal principles of intellectual property law, and traces the development of this law in Australia. It is designed as an introductory survey subject. The modules consider the different forms of intellectual property including copyright (including moral rights and performers protection), designs, patents, plant breeders rights, trade mark law, passing-off and related actions, domain name law, confidentiality, and circuit layouts.
LAWS 1004
This subject considers various legal issues related to population health. This area of law is relatively new and continually developing and expanding. This subject is primarily concerned with how law has and should respond to various health dilemmas at the population level. These include State protection of the community from death (for example requiring road users to wear a seatbelt or helmet) and disease including both communicable disease (for example immunisation, quarantine and managing disease outbreaks) and non-communicable disease (for example smoking, alcohol, obesity, diabetes and cardiovascular disease). This subject also considers frameworks for evaluating whether public health laws are justifiable regulation, taking into account the balance between public good and the autonomy of individuals.
LAWS 1003 OR
LAWS 1006
This subject lays the foundation for an understanding of the international system of law, how it works and its relationship with domestic Australian law. It will challenge students to critically analyse the system and suggest ways in which the rules and principles can and should develop in the future in order to accommodate the changing needs and values of the international community of nations. It also represents the foundation for students to move on to the study of other International Law subjects offered by the School of Law.
This subject aims to provide a study of the laws which impact on advice and decisions relating to retirement planning, with a focus on identifying practical and strategic planning opportunities and outcomes. It forms part of the elective stream of financial planning. Some issues considered in this subject also have an impact in respect to investments, insurance and risk management, superannuation and taxation consequences.
This work integrated learning subject builds upon the knowledge base of 200019 Revenue Law to provide industry experience for later year Law students. Students who have successfully completed 200019 Revenue Law with a Credit or above result will be eligible to apply for this industry experience. The placement will consist of a full time four week placement at the Australian Tax Office or other suitable workplace approved by the School of Law. Students will work in various practice areas with an emphasis on technical legal issues and will be supervised by senior staff members. The subject will provide students with practical and real-life work experience and will provide students with an appreciation of the professional responsibilities essential for 21st century legal practitioners.
This subject provides students with the requisite skills to provide comprehensive financial advice, particularly within the context of an individual being able to choose a superannuation fund or create a self-managed superannuation fund (SMSF). The subject will provide students with an understanding of the implications of self-managed superannuation funds and the use of the trust structure, which are essential components for professionals in this area.
This subject examines the underlying legal principles that regulate the use, exploration and exploitation of space, and how International Law can and should be applied to the many different State and private commercial uses of outer space. It examines the existing international legal regime - the five United Nations Space Treaties and key Declarations of Principles related to space activities - as well as a number of domestic regulatory systems, including the Australian legal regime. The subject also concentrates on the (many) uses and proposed uses of space for which the legal framework may not be particularly well suited.
This subject examines the Commonwealth statutory regime to the Goods and Services Tax and the NSW statutory regimes relating to Payroll Tax, Land Tax and Stamp Duty. It provides the framework to critically assess proposals for reform of these taxes.
This subject covers the constitutional basis of taxation, the process of determining income tax liability, the concept of income tax and allowable deductions, taxation of fringe benefits, taxation of certain entities (partnerships, companies and trusts), tax accounting, trading stock provisions, tax administration and practice, taxation planning and avoidance, and the Goods and Services Tax.
Wills and Succession is that body of law that deals with the devolution of property upon death. The subject encompasses inter alia the law relating to intestacy, the making of a valid will, the administration of the estate and what is known as testator's family maintenance. This subject is of particular importance to those students who intend to practice either as a solicitor or barrister as Wills and Succession forms a significant part of private practice.
This subject examines the different means in which the law protects workplace safety in Australia. The primary focus will be on the work health and safety regulatory framework and its underlying policy. The arbitrary nature of standard setting in the early systems of safety regulation is compared with later legislative models. The workings of these legislative strategies are illustrated by a series of selected issues relating to contemporary health risks in workplaces. Students will also examine issues surrounding enforcement and compliance and corporate governance in the safety context. Other topics include workers compensation and employment law.
This elective work integrated learning subject builds on the knowledge base of 200632 Elder Law to provide work experience for later year Law students. Students who have successfully completed 200632 Elder Law will be eligible to apply for this industry experience. The placement will consist of a full time ten day placement at selected industry workplaces with supervision by experienced legal practitioners. The subject will provide students with real-life work experiences in the legal issues associated with the practice of elder law and with an appreciation of the professional responsibilities essential for a 21st Century legal practitioner.
This subject provides an internship opportunity for later year law students. Students will spend twelve days throughout the semester at selected courts and tribunals under the supervision of magistrates, judges or tribunal members. The subject will provide students with an opportunity to observe the courts and tribunals first hand, to be mentored by a judicial officer, to engage in practical assistance to the relevant court or tribunal, and to appreciate the professional responsibilities essential for a 21st Century legal practitioner and judicial officer. Entry is competitive and will include a written application and interview. The subject includes a class schedule with the requirement of regular reflection in order to learn deeply from the experience and teach students how to engage in ongoing lifelong learning.
This subject of study explores the central organising ideas for our present understanding of law. What do these ideas amount to? What, according to these ideas, is significant about us from the legal standpoint? Can the proponents of these ideas deal with their critics? What are the similarities and differences between the legal subject and other ways of thinking about ourselves, such as from a moral or political standpoint? How should we understand the connections between these three separate realms? What is the character of the legal sphere in comparison with these other spheres? What is the character of legal, moral and political reasoning?
This subject enables students to proactively adapt to the transforming nature of the legal profession. Students will engage with the technology and innovation expectations of contemporary business, legal practice and community engagements - including the concepts and areas of Big data and Artificial Intelligence and machine learning, Blockchain, legal task automation, e-contracts and smart contracting, technology assisted review, e-Courts, FinTech and RegTech, law tech start-ups, chatbots, and the capacity to develop legal, ethical and regulatory digital literacies. The curriculum will offer insights from a number of innovative and technology focused legal industry experts.
This subject provides an internship opportunity for later year law students in host organisations (including NGOs and public interest organisations, community legal centres, government departments, corporations, barristers' chambers or private law firms). Internships provide students with invaluable access to opportunities to understand the law in context, to apply their formal learning about legal principles, to develop essential professional skills and to gain exposure to different career pathways. Students who successfully complete orientation requirements will spend twelve days throughout the semester at a host organisation. This will usually be done on a one- day (7 hours) per week basis. An intern's duties will generally consist of a combination of substantive tasks relating to law, policy and practice. Depending on the host organisation, these may include a combination of research, preparing background materials, briefing papers or research reports, liaising with other organisations, assisting in the provision of legal assistance and advice, observing interviews with clients, conferences with Counsel or in court proceedings, undertaking project and advocacy work, preparing/ giving presentations and assisting with administrative and editing work. The School will seek expressions of interest for the number of placements available with the School's partner host organisations each semester. Students are also able to arrange their own internships at organisations that are not currently host organisations, subject to the approval of the Clinical Director and the agreement of the host organisation to complete the attendance and assessment requirements of the subject.
This subject introduces students to the foundational structures of Taiwan's legal system, its economy, and its socio-legal culture and practices. Students will participate in an exchange experience and will be intensively taught at selected Taiwanese university partners. Through engagement with Taiwanese academics, legal professionals (both in Australia at pre-departure programs and in Taiwan through engagements with leading Taiwanese law firms, courts and economic organisations), students will develop commercially relevant knowledge and contemporary practical legal skills to develop as global citizens. Students will examine diverse content areas including Taiwan's Constitutional Court, leading human rights cases, intellectual property protections, the Taiwanese electoral system, and Taiwan's innovative approaches to corporate social responsibility, big data analytics, and new technologies. Where travel to Taiwan is not possible, the subject will be offered online with the program of study to be offered 3-hours a week over a semester and supported online by university and industry partners in Taiwan. Where travel is possible, this online program will be supplemented by a week-long excursion to Taiwan. Interested students should contact the Subject Coordinator to confirm expected costs to the student (e.g. airfare, accommodation, meals, et cetera) and travel dates and requirements.
In this subject, students engage with and propose solutions for complex legal, industrial, ethical and societal problems. Students are required to work individually and as teams to identify and analyse contemporary transdisciplinary problems. The subject follows an innovation process including the processes of ideation, conceptualisation and the development and evaluation of solutions towards implementation, preparing students for the future of work. Students will be mentored by external partners. At the end of the subject, students will propose solutions and reflect advantages and disadvantages of different responses.
Street Law Clinic provides students with the opportunity to work with peers under the supervision of a Street Law solicitor to research, prepare, and deliver community legal education to partners including secondary schools and/or community organisations on legal topics chosen by these external stakeholders. Students will generate innovative resources to be added to the Street Law digital repository of resources available to the community. Community legal education is a core skill for all lawyers wanting to improve access to legal information for all members of the community. Students will collaborate with the Street Law solicitor and external stakeholders to identify the mode of delivery and content that best meets the stakeholder needs and context. Students will consolidate existing technical legal knowledge, learn new areas of law, develop advanced interpersonal and collaborative communication skills, and enhance their ability to explain complex legal information to diverse audiences.
This subject examines the legal principles regulating the exercise of power by the executive arm of government in its various manifestations; ministers, government departments and officials, regulatory bodies, tribunals, inferior courts and local councils. This is examined in the context of Australian constitutional arrangements and it is taught in the context of constitutional themes and principles that underpin the law in this area. The exercise of power examined includes decision making, the exercise of discretion, delegated legislation and the decision making procedure of the major administrative tribunals. The focus is on the principles of judicial review developed by the courts, standing and remedies. There is also an examination of major non-judicial avenues of review by the major tribunals such as the Commonwealth Administrative Appeals Tribunal, and the Ombudsman. The subject will also examine Freedom of Information legislation.
200814 Commercial Transactions Law
This subject deals with concepts of property and the nature of property rights including the boundaries between property and other rights and the boundaries between different forms of property. The subject’s content includes the doctrine of tenure and estates, native title, and legal and equitable interests in land. Specific topics to be covered include personal property and securities, mortgages, leases, easements and profits a prendre, co-ownership, systems of statutory registration of interests in property and the principles for resolving conflicting proprietary interests (priorities).
200011 Contracts
This subject examines the way in which law and gender interact to produce gendered outcomes. The subject draws on feminist and queer theories to challenge traditional concepts of gender and notions of law as gender neutral. The subject will consider the way in which gender constructs influence the development and application of law. Students will study historical and contemporary legal issues to examine the way that gendered norms emerge and operate within the legal system, reproducing and reinforcing socially and politically constructed understandings of gender and sexuality. Students will be encouraged to think about the potential for law as a site of change and a means to promote gender equality.
This subject will explore the relationship between law and literature. Students will examine how works of literature reflect the law and its social context, with the objective of developing a facility with research and critical and analytical skills, as well as fostering a broader appreciation of the role of law within our society. It will also involve textual analysis of legal documents, judgments and literary writings to encourage students to develop both a greater understanding of the language of the law and the ability to communicate persuasively and effectively in legal contexts.
This subject will consider the full spectrum of the international law that governs armed conflict involving States and non-State (rebel) armed groups. The subject will first explore the international law that governs the initiation of armed conflict (jus ad bellum), including the prohibition of the use of force under customary international law and the UN Charter (1945), self-defence, use of force authorised by the UN Security Council, humanitarian intervention, peacekeeping and the maintenance of international peace and security. The subject will then explore the international law that governs how armed conflict is conducted (jus in bello), namely, international humanitarian law/law of armed conflict in international and non-international armed conflicts.
This subject introduces students to legal risks related to construction processes and processes for risk mitigation. Students will examine the liabilities and responsibilities of various parties in construction contracts and different types of dispute avoidance, management and resolution mechanisms. Students will engage with subject-matter specialists to enhance their learning experiences in this subject.
This subject focuses on the general principles of law that play a significant role in sport. ‘Sport law’ is considered to be an emerging and developing subject area of law. This has been recognised in Europe where the ‘specificity of sport’ refers to the inherent characteristics of sport that set it apart from other economic and social activities. Sport is a global industry and one of the most popular pastimes and activities in Australia. Students will learn about world sports law or lex sportiva, which is regarded as an autonomous body of rules having a specific character. Students will engage in activities that develop their understanding of this body of law in practice. This subject will foster critical perspectives on discrimination in sport and the contribution of Indigenous people to sports law and policy in Australia.
This subject introduces students to the legal and technical concepts required to understand the specialised area of construction law. Students will examine the key issues, concepts and topics that are specific to construction law from project preparation, through to contract formation, regulation, procurement methodologies, and finally to dispute avoidance and management. Students will engage subject-matter specialists to enhance their learning experiences in this subject.
Children’s Rights: Local and International introduces students to the rights of children at domestic and international level. Students are introduced to the rationale and the development of children’s rights as well as the international and the Australian legal framework for their protection. Amongst the selected topics discussed in more detail are juvenile justice; families and child protection; First Nations children and the law; the exploitation of children; access to justice and governance (domestic and international) and the rights of children. The subject exposes students to multidisciplinary approaches to socio-legal issues and develops their analytical skills to help them conduct research that involves international and comparative legal materials.
This subject builds upon the compulsory subject Constitutional Law, and provides a deeper and broader understanding of Australian constitutional law. It examines the constitutional aspects of Australian parliamentary democracy and citizenship, the constitutional powers of the Commonwealth Executive Government, constitutional issues relating to the raising and spending of government revenues and the complexities of the relationship between the Commonwealth and State as independent polities. The subject also examines the limited way in which the Australian Constitution operates to protect particular rights, liberties and freedoms.
Advanced Taxation law broadens and deepens the student's knowledge of taxation and revenue law by building upon existing knowledge of, and adding new topics to, those covered in 200187 Taxation Law and 200019 Revenue Law. Such topics include consideration fo the tax policy framework, superannuation and also further aspects of income, deductions, entity tax, tax administration, aspects of international tax and Goods and Services Tax.
The subject is designed to provide an understanding of the law, the theoretical underpinnings and the underlying policy issues, in the areas of evidence and criminal procedure.
This course is about international climate law examining both the current international legal frameworks and discussion of future scenarios. It will explore the legal, political and scientific challenges in addressing and responding to climate change. It will illustrate how international climate law interacts with national law including private sector involvement but its principal focus is not on domestic law regimes. Various market and non-market mechanisms will be examined including emission trading systems, carbon taxes, new technologies and renewable energy targets.
This course provides a general introduction to international environmental law and policy. We will begin by exploring the economic, political, and legal concepts relevant to international environmental treaty regimes. We will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as ozone depletion, transboundary air pollution, freshwater resources, marine pollution, world heritage, human rights, biodiversity and habitat loss. The course focuses principally on the dynamic of treaties, negotiations, and state and non-state actors in the international arena. Comparative approaches to national implementation, on selected issues, will also be covered.
Revenue Law introduces you to the underlying principles of the Australian taxation system, with a particular focus on Commonwealth taxes. The subject of study is essential for all students intending to embark on a career in tax, law, business, commerce or the public sector. The subject covers the system of taxation; provides a critical analysis of the fundamental concepts of income and capital; and examines the key topics of taxation of remuneration, allowable deductions; taxation of entities, tax avoidance and aspects of tax administration.
This subject is designed to equip students for professional practice by providing them with an understanding of what it means (and takes) to be and think like a transactional lawyer in practice and how to 'add value to the deal' and think like a deal lawyer. Students will also be introduced to a range of structured financing transactions including lending arrangements, securitisation (RMBS, CMBS and CDOs), straight vanilla bonds, convertible bonds, covered bonds, asset based financing, managed investment schemes and swaps and derivatives (ISDA). Students will then be introduced to the legal building blocks of those transactions, including the law relating to representations and warranties, covenants, guarantees, subordination, set-off, commingling, trusts, security interests and insolvency. Students will work in teams to analyse and dissect a range of structured financing transactions. Real-life examples from international and domestic practice are discussed.
This subject will teach students how to design and build an application using expert system software. This subject will provide students with a clinical legal experience by providing access to a community based client to ascertain their needs and undertake collaborative work to provide a solution that requires applied legal research, teamwork, innovative and creative design thinking, and the capacity to manage a project. This subject will teach students how to identify, design and build appropriate legal information systems for use in generating legal documents from precedents and assisting users to navigate solutions to legal problems. Students will be exposed to a variety of automated legal tasks and various legal and practical issues associated with their use, including issues of professional regulation. This will include guest lectures from those working on legal expert systems and related technologies. After learning the necessary skills, students will work in small groups to design and build a legal information system. This subject does not require students to have any pre-existing skills or experience in expert systems or computer programming. Instead, the subject itself includes instruction on how to use an expert system software.
This subject comprises the continued research and writing of a research dissertation of between 8,000 and 12,000 words on an approved topic in law that was developed in unit LAWS 4016 Legal Research and Methodology with an approved research proposal and supervisor. The subject is only open to students who have successfully completed LAWS 4016 Legal Research and Methodology and are enrolled in a Bachelor of Laws (Honours) program. The subject provides an opportunity for law students to further develop and refine their legal research and writing skills and to explore and analyse a legal topic chosen in consultation with the School of Law Honours Coordinator, in order to produce a high-quality piece of academic work. This subject can only be commenced in Spring Session.
In the First Nations Peoples’ Access to Justice Clinic you will gain real life lawyering experience, working under the supervision of the Clinic solicitor one day a week for the semester. You will work collaboratively with students from other disciplines on advice, casework, policy or project work shaped by community stakeholders and you will critically reflect on the role of law, and of lawyers, in advancing social justice for First Nations Peoples. You will work with individual clients on their legal and non legal issues to provide assistance to resolve these issues. You will consolidate your existing legal knowledge, learn new areas of law, develop key professional and interpersonal skills, and the ability to work in inter-disciplinary collaborative teams. You will gain an understanding of your ethical and professional responsibilities as a lawyer in legal practice. You will learn practical legal skills through the seminar program and assessment items as well as your participation in direct legal service delivery. As a condition of enrolment, students must be available to attend a twelve day placement.
This subject provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure. This Subject examines the major roles and practices governing court supervised processes which are involved in superior court litigation as well as key aspects of arbitration. This subject will include a selection from the following or similar topics: characteristics of an adversarial system, case management procedure, the rules of pleadings, jurisdiction and joinder, service, discovery and Interrogatories, means of gathering evidence at pre-trial including subpoenas and notice to produce, judgment and appeals, enforcement and costs, and arbitration.
AND LAWS 1009 Legal Analysis and Critique OR LAWS 1008 (200007) Law Foundation
LAWS 3008 Civil Procedure and Arbitration
This subject examines the principles of the major common law, equitable, restitutionary and statutory remedies available in Australia to wronged parties in a variety of circumstances. Emphasis is on the analysis of practical and theoretical advantages and disadvantages of various remedies. Topics include the effectiveness of common law, equitable and statutory remedies and the law of restitution and the scope of each of these remedies.
LAWS 3064 Remedies
This subject introduces the legal rules and doctrines governing State and Commonwealth Constitutional systems in Australia. Topics covered include: Principles of State and Commonwealth Constitutions; Characterisation of Commonwealth Laws; The scope of Commonwealth legislative power; Relations between the different Commonwealth and States laws; Intergovernmental Immunities; Separation of Powers; Spending government revenue; and Express and Implied rights under the Australian Constitution.
This subject provides an opportunity for law students to further develop and refine their legal research and writing skills and to explore and analyse a supervised and structured legal research project. It includes advanced training in legal and inter-disciplinary research methodologies, exploration of theoretical frameworks leading to the development of a research proposal or project. This subject is a requirement for students who are intending to undertake the Bachelor of Laws (Honours) program. However, this subject is open to all law students seeking to further refine their legal research and writing skills who do not wish to join the Bachelor of Laws (Honours) program.
Access to Justice Clinic is an experiential learning program in which students work for 12 days a semester at the Western Sydney University Justice Clinic (WSUJC). Students work under the supervision of the Clinic Principal Lawyer and Clinical Director to gain practical lawyering experience while critically reflecting on the role of law and of lawyers in advancing social justice. This subject provides students with an invaluable opportunity to use and reflect on their study of law in an interactive, legal service environment working on advice, casework, policy or project work. The specific placement activities/ opportunities will align with clinic projects each semester and therefore cannot be advised in advance. Places are limited and enrolment is based on proximity to graduation.
This subject focuses on the law that regulates individual aspects of employment relationships including the contract of employment. It aims to place an examination of the development, nature and scope of relevant legal principles in the context of the key features of the contemporary Australian labour market. Students will further develop essential problem solving and professional communication skills to enhance high level professional practice, including the experience of First Nations peoples.
This subject examines the planning laws in the state of New South Wales and at the Commonwealth level that have a bearing in NSW. Topics covered include an analysis of the functions of the relevant ministers, State government departments, and local councils; the role of public authorities; the effect of environmental planning instruments; and the impact of the planning system, legal processes of plans and planning controls within the development context. This subject has the balance among theory, policy and practical issues in its approach and a strong interdisciplinary component in the introductory phase.
Students will explore real-world scenarios where international commercial disputes arise under the guidance of experts in the fields of building and construction practice. This subject is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by Australian and international courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. This subject considers the jurisdiction of the Australian courts and the recognition and enforcement in Australia of judgments granted by the courts of other countries. Students will analyse both the Brussels I Regulation and the so-called traditional rules, jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The subject also examines the rules which determine whether Australian law or the law of another country is applicable to a given situation. This examination includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The subject also includes consideration of international aspects of insolvency and an analysis of the legal aspects of international commercial arbitration. In particular, students will consider the powers of the Australian courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the Australian courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards.
This subject aims to provide students with advanced and integrated understanding of how the law protects workplace safety in Australia by introducing the work health and safety regulatory framework and its underlying policy and history impacts on First Nations peoples. Students will also examine issues surrounding enforcement and compliance and corporate governance in the safety context. Other topics include workers compensation and employment law.
This subject introduces students to the foundational legal and technical concepts required to understand the specialised area of construction law practice. Students will examine the key issues, concepts and topics that are specific to construction law from project preparation, through to contract formation, regulation, procurement methodologies, and finally to dispute avoidance and management. Students will engage with construction practitioners to enhance their learning experiences in this subject.
This subject will examine the relationship between law and literature. Students will critically analyse works of literature that reflect the law and its social context, with the objective of developing research and analytical skills, as well as fostering a broader appreciation of the role of law within our society. In addition to providing students with an understanding of the historical development of the legal system through literary studies, it will also involve textual analysis of legal documents, judgments and literary writings to encourage students to engage with the language of the law and the ability to communicate persuasively and effectively in legal contexts.
Children’s Rights: Local and International provides students with the opportunity to critically analyse the rights of children at domestic and international level. Students will examine the rationale and the development of children’s rights as well as the international and the Australian legal framework for their protection. Selected topics discussed in more detail are juvenile justice; families and child protection; First Nations children and the law; the exploitation of children; access to justice and governance (domestic and international) and the rights of children. The subject develops multidisciplinary approaches to socio-legal issues and provides opportunities to apply analytical and research skills to special interest projects involving international and comparative legal materials.
LAWS 7057 Government and Public Law AND
LAWS 7027 Legal Philosophy and Methodology AND
This subject examines the link between law, public policy and social reform and adopts a range of social, political and legal perspectives to examine the policy process and its interaction with law. It invites students to critically engage, study and reflect on discourse and activism around the 2023 referendum proposal to change the Australian constitution to include a First Nations Voice to Parliament. The subject will (i) deepen students’ legal knowledge about the constitution and the process of constitutional amendment (ii) expand students’ awareness and understanding of the political and social processes that underpin legal change (iii) provide an architecture within which students can create forums for the exercise of deliberative democracy at the local and community levels (iv) provide a space for students to debate, discuss and reflect upon various modes and mechanisms of change (v) provide an opportunity for students to creatively engage in change processes using social media and other tools to influence constructive debate.
This subject introduces students to legal principles and concepts required to analyse how the parties’ respective liability is established and how impacts of delay and disruption are assessed in construction projects in Australia and internationally. Students will examine key issues, concepts, topics that are specific to delay and disruption investigation, analysis and resolution.
The subject aims to deepen student understanding of the nature utility of remedies in construction projects. The subject will explore the interaction between the technical, commercial and legal aspects of remedies in construction and procurement disputes. Practitioners in the field of construction require a working understanding of the remedies available in response to different claims that might arise in disputes. The nature and scope of remedies is a matter of constant development and refinement in Australia and abroad. This unit will explore a diverse range of remedies including damages in contract and in tort, the rule against penalties, quantum meruit, injunctive relief and remedies under the Australian Consumer Law.
This subject provides practical insights into legal risks related to construction processes and devise associated risk mitigation measures. Students will also examine the liabilities and responsibilities of various parties in construction contracts and different types of dispute avoidance, management and resolution mechanisms. Legal risks related to construction processes and devise associated risk mitigation measures are also covered. Students will examine approaches and strategies to proactively manage legal risk in construction projects.
The subject will provide students the opportunity to synthesise a number of areas of law in a practical way that enhances their employability and professionalism. It focuses on an emerging and developing subject area of law. This has been recognised internationally where the ‘specificity of sport’ refers to the inherent characteristics of sport that set it apart from other economic and social activities. Sport is a global industry. Students will master an understanding of world sports law or lex sportiva, which is regarded as an autonomous body of rules having a specific character. Students will engage in professional learning activities to demonstrate their application of this body of law in practice. This subject will foster critical perspectives on discrimination in sport and the contribution of Indigenous people to sports law and policy in Australia.
This subject examines the international financial system and capital markets in the context of the banker customer relationship, commercial lending and security. The subject also introduces students to key international legal issues that are relevant to international banking and securities practice. Finally, students will examine transactional practice in the context of transactions with an international element to it.
This subject analyses Australian medical law. The legal issues are examined in broad social, cultural and ethical contexts, including critical perspectives on medical law and policy relating to Indigenous people. Medical law is underpinned by the rapid pace of scientific and social developments that generate new issues for medicine and for the law, many of which are at the core of policy— birth and reproduction, choice and responsibility, life and death. Students will engage in professional learning activities to demonstrate their application of this body of law in practice.
LAWS 7027 Torts Law
LAWS 7057 Government Public Law
LAWS 7048 Criminal Law
This subject analyses law and policy relevant to the devolution of property upon death. The legal issues relating to wills and succession are examined in their social, cultural, and ethical contexts. The subject encompasses topics such as the law relating to intestacy, the making of a valid will, the administration of the estate and testator's family maintenance. This subject is of particular importance to those students who intend to practice either as a solicitor or barrister as Wills and Succession forms a significant part of private practice. Students will engage in professional learning activities to demonstrate their application of this body of law in practice.
This 40 credit point subject consists of twenty days of clinical work within a legal practice environment. Students are mentored by experienced legal practitioners to develop and apply knowledge and skills in legal practice. Students are responsible for organising their placements with legal services or practices working in areas of interest to the student and the proposed placement must be approved by the School of Law. Students are required to perform professional tasks in the legal service or practice setting and to undertake self-directed study including completing a self- directed research report on a work- related project and workplace reflections. These together with a Professional Performance Report from their workplace supervisor/mentor, will comprise assessment for the subject on a satisfactory/unsatisfactory basis. Students are supported in this through the provision of supporting materials. Advanced Clinical Legal Placement may be undertaken in any study period and may, by agreement, be organised in ways which suit the workplace supervisor/mentor and the student and as agreed with the Subject Coordinator. This may include, for example, undertaking the 20 day clinical work placement as a four week block or distributed over the session parallel to their program of study.
This subject provides students with a structured examination of issues common to all Australian visas, including public health criteria, implications for family members of visa applicants and visa conditions. The subject further provides a close analysis of issues common to some Australian visas, such as matters of sponsorship, assurances of support, family violence provisions, provisional visas, English language requirements, skills assessment and exclusion periods and other public interest requirements.
This subject explores a number of substantive Australian visas, including those relating to work, doing business in Australia, study and visiting Australia (medical treatment, tourism, business, visitors). This subject focuses on providing students with a practical approach to addressing the eligibility criteria for relevant visa streams, lodgement of visa applications and processing considerations. Students will learn to evaluate pathways and options open to clients, determine strategies and formulate submissions.
This subject addresses the balance of visas in the Australian immigration system, including those related to bringing family to Australia, former resident and resident return visas, humanitarian program (onshore and offshore), bridging visas and other miscellaneous visas (Act-based visas and resolution of status visas). This subject also addresses the regime for review of immigration decisions, including informal review, merits review and judicial review. This subject provides an overview of ministerial intervention and cancellation powers under Australian immigration law. This subject also provides a brief overview of Australian citizenship laws.
The Australian Legal System and Common Law introduces students, from non-common law jurisdictions, to the Australian legal system and the common law tradition. The subject aims to develop the understanding of how the Australian legal system has developed in its historical and cultural contexts, and its impact on Australia's First Peoples. It also covers the Australian laws in specific areas, such as contracts, torts, trusts and dispute resolution. This subject includes field trips to various Australian courts and legal institutions. Students are encouraged to undertake individual research to evaluate and compare legal institutions and laws in Australia and their home jurisdictions.
This subject provides students with an introduction to Australia's immigration system. It provides students with a broad overview of sources of Australian migration law, explores the role of government policy in migration law, and outlines the key components of Australia's migration program. The subject gives students a strong grounding in key terminology used in Australian migration law, and introducesto Australian visas. The subject explores the regulatory regime for losing a visa and addresses immigration offences.
This subject explores a range of ethical and legal issues in public health, biomedical research, biotechnology and medical practice.
In this subject, students learn about the concepts of law, its impact on businesses, and how to apply the law to solve practical legal problems that arise in business. The subject is designed to help you identify where potential legal issues or problems can arise in business. It deals with concepts of Australian law and commercial legal obligations that are of importance both to professional practice and to studies in later subjects. The subject topics are: Australian Legal Institutions and Sources of Law, Case Law and Doctrine of Precedent, Legislation and Statutory Interpretation, The Australian Federation and Concepts of Constitutional Law, Principles of Tortious Liability, the formation, vitiation, performance and discharge of contracts, forms of business structure, consumer transactions, consumer protection and agency.
This subject mainly deals with legal issues concerning various aspects of companies: incorporation, regulation, membership and capital, company management, corporate officers, meetings, relations of the company with outsiders, accounts, reports and other disclosures, arrangements and reconstruction, receivers and winding up, and share acquisition and takeovers. It also considers public policy issues underlying the law in the above areas. Other forms of business organisation, such as partnership, trusts and sole traders, are also dealt with.
This subject is designed to increase student knowledge of the Australian taxation law, including capital gains provisions in the income tax legislation. Students will learn how to apply the professional guidelines for tax agents and offer practical advice to clients about their responsibilities and obligations under the law. For example, advice scenarios and potential outcomes with respect to tax evasion and/or avoidance behaviour by clients, incapacity planning contexts, wealth transfer and small business concessions. Student actions and advice will be supported, tested and challenged through a range of case studies, hypothetical client contexts and simulated online examples.
This subject examines how the globalisation of financial markets, relaxation of investment restrictions and liberalisation of the goods and services markets have impacted on the traditional role played by the State and by international organisations on the one hand, and in the increase in power and influence of multinational corporations (State owned or otherwise), private foundations and private interest groups on the other. Examined in this context is the retreat of the State in its role as a regulator of activity and an increase in reliance on private enterprise to provide services as well as the infrastructure needs to the community, in some countries defence and ancillary needs, as well as the adoption of extra judicial dispute settlement processes in resolving disputes between its nationals and non-nationals. These developments have seen the emergence of a wide array of non-governmental actors as providers, arbiters, and countervailing forces providing voice. All of these developments raise issues of accountability, responsibility, transparency, as well as legitimacy.
This subject examines the place of regional human rights systems in the global architecture of human rights. Concepts of universalism, relativism and the 'Asian values' debate are examined. The record of human rights treaty ratification and compliance in Asia and the Pacific is examined within the context of the international treaty system as well as the ASEAN regional human rights regime. The development and implementation of international and domestic human rights protections in criminal law, constitutional law and institutional construction are examined across the region.
This subject focuses on the right to privacy and examines the legal framework for information privacy protection and data governance that are established by both international and domestic law and regulation. This subject introduces students to the theoretical approaches to information privacy and data governance law and policy. In particular, the subject focuses on the European Union Directives and Regulation; the OECD Guidelines for the Protection of Privacy and Trans Border Flows of Personal data and the impact of international laws and regulation on information privacy and data governance regulation and policy in Australia. The subject explores some of the challenges in providing effective information privacy protection and data governance in cyberspace as existing laws adapt to new and advanced information technological developments and their use.
This subject is replaced by LAWS 6005 International Banking and Finance Law from Summer 2022/2023. This subject is set in the background of the aftermath of the Global Financial Crisis of 2008. It examines the role of financial institutions, financial instruments, financial regulators, and national and international regulatory efforts in a borderless world. Topics covered include: international banking and capital markets, infrastructure of financial markets including the payment and clearance system, derivative instruments (SWAPS, futures, and Options), Asset securitisation, Mutual and Hedge Funds, secured credit, syndicated loans and project financing, and the role of Central Banks and the Bank for International Settlements and the capital adequacy requirements.
This subject examines the current international legal frameworks and discussion of future climate change scenarios. It will explore the legal, political and scientific challenges in addressing and responding to climate change. It will illustrate how international climate change law interacts with national law, including private sector involvement, but its principal focus is not on domestic law regimes. Market and non-market mechanisms such as emission trading systems, carbon taxes, new technologies and renewable energy targets will be examined.
The subject studies the evolution and transformation of the concept of corporate governance over the last five decades. Its focus is on the role of the large modern corporation in its economic and social setting, and it will in this context examine the challenges of ensuring the economic efficiency of the corporation while being responsive to the needs of the social environment it operates in. Examined will be issues of accountability, responsibility, and transparency of the corporation and its managers, to its investors, employees, consumers and society generally, the role of corporate social responsibility, enlightened shareholder value, and the notion of Accountable Capitalism. Also examined will be the role and responsibility of institutional investors, block holders, and other arbitrageurs of corporate control. While the primary focus of the study will be on the Australian, UK, and US models, comparisons will also be made with the German, Japanese, and Chinese systems of corporate governance.
This subject analyses the state of international criminal law and its place in the modern international legal system in light of important recent developments. It discusses why a State's national criminal laws should accord with international developments. It focuses on substantive and procedural law and examines relevant international legal concepts, general principles of international criminal law, and how international criminal tribunals function. It considers particular international crimes, participation in such crimes, defences, and important recent cases such as those of Augusto Pinochet and Slobodan Milosevic.
This subject provides an overview of international environmental law and policy. It investigates legal and policy measures for managing and protecting the environment in a sustainable manner. The subject will begin by exploring the economic, political, and legal concepts relevant to international environmental legal regimes. It will then apply these concepts to concrete regimes designed to deal with specific international environmental problems, such as climate change, ozone depletion, air pollution, hazardous waste, freshwater resources, marine pollution, world heritage, human rights, biodiversity and habitat loss. The subject focuses principally on the dynamic of treaties, negotiations, and state and non-state actors in the international arena. Special attention will be given to 21st Century environmental problems. Appropriateness of the present environmental legal regimes and challenges for the future will also be mooted in the subject.
This subject comprises the preparation of a research dissertation, of between 6,000 to 8,000 words, on a novel and/or in-depth study related to International Governance. The subject provides an opportunity for Master of Laws students to further develop and refine their legal research and writing skills and to explore and analyse a legal topic of international governance. It also requires the student to undertake a literature review, submission of a research proposal, upon acceptance of which the dissertation is written under supervision. The dissertation should be of sufficient quality for acceptance for publication in the online Journal of International Governance, hosted by WSU School of Law.
This subject examines the foundations of the concept of human rights under international law, how international law became concerned with the rights of individuals and the development of international measures for the protection of human rights. It examines the extent of compromise of international human rights where sovereignty, cultural relativism and political resistance preclude comprehensive incorporation of some fundamental human rights principles in domestic law. Instruments such as The Charter of the United Nations, The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights are also examined.
This subject examines the rules regulating the principle uses of the world's oceans. It explores the historical development and sources of contemporary law of the sea and the adoption of the 1982 Convention on the Law of the Sea (UNCLOS). Legal regimes of various maritime zones including territorial sea and contiguous zone, continental shelf, the exclusive economic zone and the high seas will be studied. Various sources of marine pollution, fisheries, marine scientific research, maritime spatial planning, maritime safety and security, mining of deep sea beds and dispute settlement will also be explored in this subject.
This subject examines the underlying legal principles that regulate the use, exploration and exploitation of space, and how International Law can and should be applied to the many different State and private commercial uses of outer space. It examines the existing international legal regime - the five United Nations Space Treaties and key Declarations of Principles related to space activities - as well as a number of domestic regulatory systems, including the Australian legal regime. The subject also concentrates on the (many) uses and proposed uses of space for which the legal framework may not be particularly well suited.
This subject introduces the idea that law is value laden and has a symbiotic relationship with the philosophical, social, political, and economic fabric of society. This subject equips postgraduate students with a solid understanding of theoretical and methodological approaches to studying law and encompasses essential aspects of the legal research process including accessing relevant sources, defining a research question, selecting appropriate research methodologies, and presenting a research project.
This subject focuses on the practical processes involved in migration practice as a registered migration agent in Australia. The subject covers topics such as the interview consulting process with clients, the regime for lodging valid visa application (including the methods of lodgement and preparation procedures) and Freedom of Information requests and practical aspects of communicating with the Department. This subject also provides students with the opportunity to undertake a capstone practical training placement with a registered migration agent business. NOTE: All students must attend a mandatory onsite intensive one day workshop to address practical aspects of the Occupational Competency Standards of the department of Immigration and Border Protection. Students must also undertake a five day Capstone Practical training Placement to gain professional experience in the migration agent industry.
This subject explores the nature, role and characteristics of international law; the concepts of statehood; sovereignty and jurisdiction; the relationships between domestic and international law; the role of law and treaties; and the role of international organisations such as the United Nations and International Court of Justice. The subject also examines contemporaneous and contentious issues of international law.
This subject provides an overview of the Australian taxation system as it affects the financial planning environment. Many financial planning decisions have a tax impact. Further, some financial products and much financial advice derive at least some of their value from their taxation consequences. Key topics covered include aspects of tax administration, tax planning concepts, the constitutional basis of taxation, assessable income concepts, international tax issues, the taxation of capital, allowable deductions and offsets, and taxation of such entities as partnerships, trusts, companies and shareholders. The course will also address other taxes that impact the financial advice environment including the FBT and the GST.
This subject provides an introduction and overview of the legal principles of intellectual property law in Australia. Students will consider the nature of intellectual property, the legal framework which contains it, and the ways in which it can be protected. The modules will cover the four major intellectual property regimes of trademarks, copyright, designs, and patents as well as issues relating to traditional knowledge of Aboriginal and Torres Strait Islander Peoples. Students will research the theoretical underpinnings of Intellectual Property Rights and whether they are fit for purpose in contemporary society.
Students enrolled in 2826 Juris Doctor must have successfully completed the prerequisite subject LAWS 7027 Legal Philosophy and Methodology and LAWS 7047 Contracts
Students enrolled in this subject will complete an original research project with a focus on a topic area of key interest from their studies in International Criminology, and in such fields as human rights, transnational crime, violence, terrorism, international criminal justice and global law enforcement. Topics will be negotiated and agreed between individual students and the subject coordinating staff, and will allow students to plan, undertake and report on a specific aspect of practice in the context of the field.
This subject focuses on practical aspects of migration practice as a registered migration agent in Australia. The subject covers the practical role of migration agents in professional practice, the fundamental function of the Office of the Migration Agents Registration Authority (OMARA), the registration process involving migration agents, and provides a close analysis of the Code of Conduct. The subject provides a close examination of various aspects of running a migration agent business, including fees, client accounts, record keeping and the appointment and termination of services. The subject also provides an overview of the complaints and disciplinary regime involving registered migration agents.
This subject focuses on the practical processes involved in migration practice as a registered migration agent in Australia. The subject covers topics such as the interview consulting process with clients, the regime for lodging valid visa applications (including the methods of lodgement and preparation procedures) and Freedom of Information requests and practical aspects of communicating with the Department. This subject also provides students with the opportunity to undertake a capstone practical placement program with a registered migration agent business in Australia. NOTE: All students must attend a mandatory onsite intensive two-day weekend workshop to address practical aspects reflected in the Occupational Competency Standards of the Department of Home Affairs. Students may also undertake a five day capstone practical placement program to gain professional experience in the migration agent industry in Australia.
This subject addresses the balance of visas in the Australian immigration system, including those related to bringing family to Australia, former resident and resident return visas, humanitarian program (onshore and offshore), bridging visas and other miscellaneous visas (Act-based visas and resolution of status visas). This subject also addresses the regime for review of immigration decisions, including informal review, merits review and judicial review. This subject provides an overview of ministerial intervention and cancellation powers under Australian immigration law. This subject also provides a brief overview of Australian citizenship laws.
This subject gives a detailed overview of the origins, development and contemporary debates about principles and institutions of international criminal law and justice, including the global circulation of ideas about human rights, war crimes, genocide and other "crimes against humanity" and the activity of the International Criminal Court (ICC). It will draw out the strengths of these developments, as well as their limits in addressing the needs of victims and the attainment of social justice. Furthermore, the subject will focus on Australia's often contradictory position in these changes and its own response to issues of global human rights and justice.
This subject examines the regulation of provision of financial advice within the Australian financial services sector - including the regulatory and legal obligations relating to financial advice that arise under Chapter 7 ("Financial Services and Markets") of the Corporations Act 2001 (Cth) and the reporting and notification requirements under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) and the Anti-Money Laundering and Counter-Terrorism Financing Rules (AML/CTF Rules). The main object of Chapter 7 is to promote: confident and informed decision making by consumers of financial products and services while facilitating efficiency, flexibility and innovation in the provision of those products and services; fairness, honesty and professionalism by those who provide financial services; fair, orderly and transparent markets for financial products; and the reduction of systemic risk and the provision of fair and effective services by clearing and settlement facilities. Businesses that are required to comply with the AML/CTF Act are also required to comply with the Privacy Act 1988 (Cth) when handling personal information collected for the purposes of compliance with their AML/CTF Act obligations. The subject examines the role of the Australian Transaction Reports and Analysis Centre (AUSTRAC) which is the Australian Government agency responsible for ensuring compliance with the AML/CTF Act. The subject critically evaluates the reasons for regulation in the context of contemporary and evolving events which affect the financial services sector including the overarching Australian Privacy Principles (APPs) set out by the Privacy Act 1988 (Cth). The subject also examines the Tax Agent Services Act 2009 (Cth) (TASA) requirements for tax (financial) advisors and the role of the Tax Practitioners Board (TPB) in enforcing the requirements under TASA. The subject examines the professional and ethical obligations in providing financial advice and the consequences of failing to comply with these obligations with a particular focus upon the critical importance of professional ethical conduct, the consequences understanding the need to put the clients interest first, the importance of identifying and resolving conflict of interest, and the need to identify and avoid instances of professional misconduct and unsatisfactory conduct. This subject is available as a standalone bridging subject which is accredited by the Financial Adviser Standards and Ethics Authority (FASEA) having met the FASEA curriculum and standards requirements.
This subject examines the legal principles regulating the exercise of power by the executive arm of government in its various manifestations; ministers, government departments and officials, regulatory bodies, tribunals, inferior courts and local councils. This is examined in the context of Australian constitutional arrangements and it is taught in the context of constitutional themes and principles that underpin the law in this area. The exercise of power examined includes decision making, the exercise of discretion, delegated legislation and the decision making procedure of the major administrative tribunals. The focus is on the principles of judicial review developed by the courts, standing and remedies. There is also an examination of major non-judicial avenues of review by the major tribunals such as the Commonwealth Administrative Appeals Tribunal, and the Ombudsman. The subject will also examine Freedom of Information legislation.
This subject examines how conflict arises and engages students to apply the main theories related to conflict and its resolution within diverse practical environments. Students will analyse and synthesis negotiation theories, skill-sets and studies, and will evaluate their respective usefulness as future legal professionals. Students will develop a value-laden negotiation toolbox and will grow in confidence in negotiations within a broad array of environments essential to the legal profession. Students will examine written scholarship, engage in negotiation simulations involving role- scenarios, case hypotheticals, experimental games, and will become intricately involved in other negotiation-related scenarios. Classes will include presentation of conceptual and strategic theories, simulations and role-playing scenarios applying these theories, and de-briefing of the theoretical and practical components of legal negotiation.
This subject imparts basic courtroom trial skills giving practice in applying substantive law, practice, procedure and evidence in a simulated courtroom. It also explores both professional and ethical issues involved in the courtroom. Students will engage with advocacy techniques and problem solving and reflect on advocacy problems such as those in leading cases and trial transcripts. Enrolment in this subject is limited owing to the practical nature of the subject.
Alternative Dispute Resolution (ADR) processes are no longer 'alternative' but a major part of the contemporary justice system. Modern legal practice requires lawyers to negotiate settlements on behalf of clients and advise clients how to resolve disputes without litigation. Non-adversarial processes offer many benefits to parties, professionals and the community. This subject introduces students to the theory and practices of alternative dispute resolution processes and provide students with the opportunity to develop key ADR practice. Students will employ cultural awareness and appropriate communication strategies required for professional practice in dispute resolution, particularly in relation to Aboriginal and Torres Strait Islander peoples.
This subject provides a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure. It examines the major roles and practices governing court supervised processes which are involved in superior court litigation as well as key aspects of arbitration. This subject will include a selection from the following or similar topics: characteristics of an adversarial system, case management procedure, the rules of pleadings, jurisdiction and joinder, service, discovery and Interrogatories, means of gathering evidence at pre-trial including subpoenas and notice to produce, judgment and appeals, enforcement and costs, and arbitration.
Constitutional Law introduces the legal rules and doctrines governing Commonwealth Constitutional systems in Australia. Topics covered include: Commonwealth Constitutions; legislative powers of the Commonwealth and State governments; Executive; the separation of powers doctrine; the legal relations between State and Commonwealth laws; Constitutional freedoms and restrictions on Commonwealth legislative powers; First Nations peoples and Constitutional change.
This subject deals with legal principles related to the development and application of contract law with an awareness of broader political, social, economic, cultural and ethical considerations. Contracts covers the formation of contracts, the requirement of writing, privity of contract, contractual terms and their interpretation, breach of contract, discharge of contractual obligations and elements vitiating its formation such as misrepresentation, misleading and deceptive conduct, mistake, undue influence, unconscionability, duress and discharge. Statutory developments are also considered such as the Contracts Review Act 1980 (NSW) and the Australian Consumer Law, as are the historic and theoretical aspects of the development of the law of contract. Students will collaborate in problem/case-based learning, engage with online learning materials, and participate in a Moot and viva voce to develop knowledge and skills in authentic ways.
This subject examines the principles and aims of criminal law and criminal procedure. Students will engage with the definition, elements and application of crimes in the context of fatal and non-fatal offences against the person, the major sexual offences, property offences, and relevant defences. Students will analyse the elements of offences and apply the principles of statutory interpretation of offence provisions. Concepts of criminal responsibility and strict liability, the roles of principal agencies in the criminal justice system, and the central elements of the criminal process and sentencing are examined. Students will be introduced to the institutional arrangements of criminal procedure and their respective legislative and policy rationales. Students will engage with contemporary and historical considerations of criminal law, criminal responsibility and the impact of the criminal justice process in a broad social, political and economic context with a particular focus on issues including domestic violence and the impact of the criminal justice system on Aboriginal and Torres Strait Islander peoples. Students will be engaged with a range of practice-oriented exercises including Bail Applications.
The subject is designed to provide an understanding of the law, the theoretical underpinnings and the underlying policy issues, in the areas of evidence and criminal procedure. This subject deals with principles and stages of civil and criminal procedure in order to comply with the formal requirements for admission to legal practice, themes and theories of procedural law, identification and interpretation of the key legislative provisions and key stakeholders, and techniques of statutory interpretation including comprehension of the interpretation of statute through case law and academic commentary. It is expected that the students will be able to solve hypothetical problem questions through the application of procedural legislation and precedent.
This subject will teach students how to design and build an application using expert system software. This subject will provide students with a clinical legal experience by providing access to a community based client to ascertain their needs and undertake collaborative work to provide a solution that requires applied legal research, teamwork, innovative and creative design thinking, and the capacity to manage a project. This subject will teach students how to identify, design and build appropriate legal information systems for use in generating legal documents from precedents and assisting users to navigate solutions to legal problems. Students will be exposed to a variety of automated legal tasks and various legal and practical issues associated with their use, including issues of professional regulation. This will include guest lectures from those working on legal expert systems and related technologies. After learning the necessary skills, students will work in small groups to design and build a legal information system. This subject does not require students to have any pre-existing skills or experience in expert systems or computer programming. Instead, the subject itself includes instruction on how to use an expert system software.
Whilst Elder Law has been an acknowledged speciality for many years in countries such as Canada and the United States of America, it is only in the last two decades that it has gained recognition in Australia. This subject examines law, theories and issues relevant to an ageing community. The legal issues are examined in a broad social, cultural and ethical context. Issues of legal capacity relevant not only to the law of contracts but also to medical treatment and end of life decisions are considered. Similarly, the law relating to areas of special importance to the elder community such as age discrimination, pensions, retirement villages, wills and estate planning are also discussed.
This subject builds on the knowledge base of Elder Law (Juris Doctor) to provide work experience for Juris Doctor Law students. Our industry partners provide the opportunities for students to apply their knowledge and skill to work in various practice areas, with an emphasis on Elder Law related issues. This subject is designed to allow students to gain valuable experience in ethical and professional responsibility, in a workplace, while undertaking academic assessment. Students will also improve their legal and research skills which will assist them in the transition from university to the workplace. The placement will consist of a full time ten- day placement at selected industry workplaces with supervision by experienced legal practitioners. The subject will provide students with real-life work experiences in the legal issues associated with the practice of elder law and with an appreciation of the professional responsibilities essential for a 21st Century legal practitioner.
This subject examines the principles of Equity and the law of trusts in Australia. The primary emphasis is on the nature and development of equitable principles and introduces students to fundamental principles in the law of trusts. Topics include the nature and application of principles and maxims of Equity, the trust, the types of trusts and introduction to express trusts. The subject emphasises contemporary applications of the rules, principles and remedies of Equity, including the operation of the principles of Equity in relation to First Nations peoples. It also explores issues that are presently unresolved and the subject of contention. Students will be able to use a range of legal research tools to select high quality and relevant primary and secondary legal information to support the construction of solutions to hypothetical problems and theoretical legal issues that indicate a deep comprehension of Equity and trusts.
Foundations of Chinese Law is taught intensively at a selected Chinese university. The subject introduces students to the basic structure of the Chinese legal system, its laws and the legal culture. Through seminars and field trips to Chinese courts and law firms, the subject aims to develop your understanding of how the Chinese legal system has developed in its political and cultural contexts. It covers the Chinese legal systems at the general level and in relation to specific law, such as contracts, foreign investment law, dispute resolution and procedure. Students will compare and reflect on key themes in Chinese and Australian law and practice.
Foundations of Indian Law is taught intensively at a selected Indian university. The subject introduces students to the basic structure of the Indian legal system, its laws and the legal culture. Through seminars and field trips to Indian courts and law firms, the subject aims to develop your understanding of how the Indian legal system has developed in its political and cultural contexts. It covers the Indian legal systems at the general level and in relation to specific law, such as contracts, foreign investment law, dispute resolution and procedure. Students will compare and reflect on key themes in Indian and Australian law and practice.
This subject provides students with the fundamental legal skills required to succeed in the study and practice of law. Students will be introduced to the Australian legal system, legal study skills and the importance of academic integrity for law students, how law is made, how cases and statute interact, the Australian court hierarchies, , case analysis skills, statutory interpretation skills, an introduction to legal ethics and justice, and an introduction to the impact of the Australian legal system on Australian First Peoples.
Government and Public Law is designed to provide an overview of government and public law in Australia and a foundation for the later study of Administrative Law and Constitutional Law. It introduces students to the principles and structures that underpin constitutional and administrative law in Australia. The subject. The subject has four key focus areas: Public Law in Australia, How Government Works, Government Accountability and Integrity, and Individuals and Government. Students will collaborate in problem/case-based learning and engage with online learning materials to develop knowledge and skills in legal research and communication enabling them to address critical contemporary public law challenges.
This intensive subject provides students with an introduction to the discipline of law and inducts students to the Australian Legal System, the School of Law, the legal profession, and the wider legal community. The subject surveys the fundamentals of the Australian legal systems and introduces students to a range of key legal concepts and debates. Students will be introduced to legal problem-solving methodology, the classifications of law, and skills needed to succeed in the study law. Students are introduced to the intellectual skills of fact-finding, critical analysis, logic, reasoning, evaluation and communication. Students will attend excursions to courts, tribunals, law firms and community legal centres. Students will reflect upon their emerging professional profiles to foster and develop career aspirations.
This subject provides an internship opportunity for later year law students. Students will spend twelve days throughout the semester at selected courts and tribunals under the supervision of magistrates, judges or tribunal members. The subject will provide students with an opportunity to observe the courts and tribunals first hand, to be mentored by a judicial officer, to engage in practical assistance to the relevant court or tribunal, and to appreciate the professional responsibilities essential for a 21st Century legal practitioner and judicial officer. The subject will assist students in advancing their legal and research skills and deepen their experience of the social, practical and ethical complexities encountered by the legal profession. The subject will also assist students in their transition from university to the profession. Entry is competitive and will include a written application and interview.
This subject deals with issues that arise in relation to the selection of appropriate structures for the conduct of non-profit and commercial dealings. Students examine the legal and practical requirements involved in creating, operating and winding up associations, partnerships and corporations, and their relationship to broader social, economic and political contexts. Emphasis is on the creation and operation of corporations, and the duties and liabilities of directors and officers, as well as the rights and obligations of shareholders. It is expected that students will be able to propose solutions to legal problem questions and issues relating to commercial associations with a focus on corporate law displaying a clear and coherent argument that evidences legal research, legal reasoning and professional judgement in responding to issues relating to commercial associations with a focus on corporate law. This subject will critically analyse key ethical issues arising in the law of associations and consider different stakeholder perspectives.
This subject introduces students to the processes of critical evaluation of arguments, legal communication and logical and critical problem solving involving statutory interpretation and precedent. Students will have the opportunity to explore how law is made, some of the institutional limitations on law and justice, and the impact of globalisation on law. It introduces theories about the nature and function of law in historical, political, social, economic, cultural, ethical and international contexts. The connection between race, gender, culture and law is examined within the context of the Australian legal tradition, legal history, and the impact of the Australian legal system on Aboriginal and Torres Strait Islander Peoples. Students will use logical and critical skills to develop solutions to problems involving statutory interpretation and the application of precedent; and articulate legal thought effectively and persuasively in written formats for lay and expert audiences.
This is a 20 credit point year-long subject taken over two terms (10 credit points in each term). This subject provides students with a capstone research experience in relation to a supervised legal dissertation. Students develop and refine legal research and writing skills by analysing a legal topic chosen in consultation with an academic supervisor. This subject includes training in research methodology and requires the student to undertake a literature review, to develop a research proposal, to present on the proposal and finished work, and to submit a dissertation. This year long subject can only be commenced in Autumn semester and lasts the equivalent of two consecutive semesters. The research project areas will principally focus upon those areas identified by the School of Law in its Research Strategy.
This subject provides students with a capstone research experience in relation to a supervised and structured research project. Students will develop and refine their legal research and writing skills by exploring and analysing a legal topic chosen in consultation with a member of the academic staff in pursuing a particular research interest. Working closely with a supervisor, students will compose a research paper of 5,000 words on an approved topic in law and will provide a 20-minute class presentation based upon the completed project. The research project areas will principally focus upon those areas identified by the School of Law in its Research Strategy.
This subject provides students with a capstone research experience in relation to a supervised and structured research project. Students will be required to reflect on their earlier research projects and to apply learning from these to enhance this unit's research outcomes. Students will develop and refine their legal research and writing skills by exploring and analysing a legal topic chosen in consultation with a member of the academic staff in pursuing a particular research interest. Working closely with a supervisor, students will compose a research paper of 5,000 words on an approved topic in law and will provide a 20-minute class presentation based upon the completed project. The research project areas will principally focus upon those areas identified by the School of Law in its Research Strategy.
Students will participate in mooting conducted before an appellate court or tribunal. Students will be provided with a grounding in issues including jurisdiction, admissibility, and remedies. The subject will focus on one or more areas of domestic substantive law and will include a research component. Students will prepare and present a hypothetical case before an appellate court or tribunal and will be given the opportunity to develop their advocacy skills, including the preparation of written submissions and delivery of oral submissions. Undertaking this subject would be useful for students seeking to participate in one or more law mooting competitions representing Western Sydney University.
This subject provides students with the opportunity to critically reflect on the legal, statutory and ethical principles and standards that underpin the professional obligations of legal practitioners. Students will also analyse ethical issues that commonly occur in professional legal practice in contemporary multicultural Australia, particularly with Aboriginal and Torres Strait Islander peoples. It deals with the professional, legal and ethical responsibilities legal practitioners owe to the law, the courts, their clients and to fellow practitioners, as well as the state and society at large. Students will be able to explain and evaluate the law and practice of legal practitioners, by reference to key topics, such as: professionalism; legal ethics; the history, structure and regulation of the legal profession; and the interpersonal, psychological and cultural factors affecting lawyering. Guided by an ethical decision-making model, students will demonstrate their ability to use primary legal materials to answer legal ethical problems, and explore the relationship between personal and professional attitudes and values by reflecting on their own views and observations.
Students will learn about the concept of property and the nature of property rights including the boundaries between property and other rights and the boundaries between different forms of property. The subject content includes the doctrine of tenure and estates, native title, and legal and equitable interests in land. Specific topics to be covered include personal property and securities, mortgages, leases, easements and profits a prendre, co-ownership, the Torrens system of statutory registration of interests in land, and the principles for resolving conflicting proprietary interests.
This subject examines the nature, goals and structure of private law remedies, and is organised around the remedial goals of compensation, perfection, vindication, disgorgement, restitution, and punishment. Both judicial and non-judicial remedies in Australian private law are examined including the principles of the major common law, equitable, restitutionary, and statutory remedies available to wronged parties in a variety of circumstances. Emphasis is on the analysis of practical and theoretical advantages and disadvantages of various remedies in a culturally diverse society. The subject explores how and why different remedial goals are accorded differing priority and are given effect in different ways across different areas of private law thereby deepening the student's understanding of remedies and the nature of each of these substantive fields of private law. The content of this subject elucidates the principles relating to the assessment of all forms of damages under common law and statute as well as the judicial approaches to the grant of injunctions and other non-monetary relief.
This subject examines the legal basis for the Australian taxation system and its application. It will cover taxation of income from personal exertion, business and property, as well as the taxation of fringe benefits provided in the context of employment and the goods and services tax (popularly known as the GST). Lectures and tutorials cover the constitutional basis of taxation, income tax assessment and the concepts of income tax, allowable deductions, other federal and state taxes, taxation of business associations (partnerships, companies, trusts and primary producers), taxation accounting, administration and practice, taxation planning and avoidance.
This work integrated learning subject builds upon the knowledge base of 201071 Revenue Law (Juris Doctor) to provide industry experience for later year 2826 Juris Doctor students. Students who have successfully completed 201071 Revenue Law (Juris Doctor) with a Credit or above result will be eligible to apply for this industry experience. This subject is designed to allow students to gain valuable experience in ethical and professional responsibility in a workplace, while undertaking academic assessment. Students will also improve their legal and research skills which will assist them in the transition from university to the workplace The placement will consist of a full time four-week placement at the Australian Tax Office or other suitable workplace approved by the School of Law. Students will work in various practice areas with an emphasis on technical legal issues and will be supervised by senior staff members.
This subject enables students to proactively adapt to the transforming nature of the legal profession. Students will engage with the technology and innovation expectations of contemporary business, legal practice and community engagements - including the concepts and areas of Big Data, Artificial Intelligence, machine learning, Blockchain, legal task automation, e-contracts and smart contracting, technology assisted review, e-Courts, FinTech and RegTech, law tech start-ups, and chatbots. Students will be able to develop legal, ethical and regulatory digital literacies and personal professional strategies to maintain and use these literacies innovatively. The curriculum will offer insights from a number of innovative and technology focused legal industry experts.
Torts Law will provide students with the opportunity to critically analyse the key principles of Australian torts law and its impact within the broader legal context. The topics covered include legal principles and policy of a variety of torts, defences and remedies. The subject also introduces students to legal skills, statutory interpretation and legal problem solving, as well as placing the law in the wider political and social context. Students will be able to search for, analyse, and evaluate cases, statutes, and theoretical writings relevant to torts law to resolve legal problems.