Electives Guide 2023

ELECTIVES GUIDE 2023

Editor's Note

After an extended absence and much anticipation surrounding its impending return this year, it is my absolute pleasure to introduce the UNSW Law Society 2023 Electives Guide!

The diversity of the electives offered by the UNSW Faculty of Law and Justice, combined with the limited places available in each course, makes narrowing down and selecting your courses for each trimester a difficult, yet exciting, process. The 2023 Electives Guide is your comprehensive resource to all things electives, with insights direct from some of our esteemed lecturers on their courses and a breakdown of all the information you need to know.

Electives signify the final phase of your law degree and the opportunity for you to take control of your studies and pursue your passions, whether it is in international law, family law, a career in the courts or anything in between. It is our ultimate hope that the Electives Guide will allow you to make wellinformed decisions based on a range of factors, including assessment structure and your aspirations beyond graduation, to ensure that you are both intellectually stimulated and challenged as you complete your final courses within your UNSW Law School journey.

With the Electives Guide being one of the key initiatives I hoped to bring back in my tenure as Vice President (Education), I would like to extend my sincere gratitude to everyone who has shown their support towards the revitalisation of this resource - I hope it exceeds your expectations.

All the very best with your elective studies!

Emily Calbert

Vice President (Education) | UNSW Law Society 2023

Thanks

Executive Editor

Emily Calbert

UNSW Law Society Vice President (Education)

Publications Team

Charlotte Fang Hendro

Ashley Pak

Mandy Peimin Li

Minrui Li

Special thanks to

Kristie Leavai

School Manager, Faculty of Law and Justice

Contributing Lecturers

A/Professor Amelia Thorpe

A/Professor Ann Kayis-Kumar

A/Professor Daniel Joyce

Charlotte Steer

Chris Pearce

Dr Daniel Mcloughlin

David D. Knoll AM

Professor Jill Hunter

Professor Justine Nolan

Professor Michael Legg

Professor Prue Vines

Professor Rosalind Dixon

A/Professor Scott Donald

Simon Kozlina

A/Professor Weihuan Zhou

Disclaimers: Every best effort has been made to ensure that the content presented in this Guide is accurate. Please note that assessment structures are based on the 2023 assessments for each elective. Elective offerings for 2024 are subject to change at Faculty’s discretion.

2024 Electives Offerings

Indicative Experiential Learning

/ Prescribed Offerings

*Please note that the above table is based on 2023 elective offerings compiled by Vice President (Education) in absence of formal documentation provided by the UNSW Law and Justice Faculty

*Students must study 6UOC (one) of the following courses

Legal Theory

Assessments

20% Course Participation

30% Mid-Term Research

Essay (1500 words)

50% Final Research

Prerequisites

Completion of 24 UOC in Laws or 72 UOC in JD courses

Essay (3000 words)

The course invites students to take a reflective interest in the study of law and its relationships with other disciplines, including ethics, morality, philosophy, politics and social theory. Students will develop a deeper understanding of the presumptions that inform law, legal institutions and professional practices through engaging with different theories, including Feminist Jurisprudence, Legal Realism and Natural Law to name a few.

Theories of Law and Justice

Prerequisites

Completion of 24 UOC in Laws or 72 UOC in JD courses

20% Class Participation

30% Mid-Session Assessment

50% Final Research Essay

The course seeks to understand the nature of law and justice, specifically the relationship between the two. Students will explore the enduring philosophical question of what constitutes justice from the perspectives of key thinkers, including Aquinas, Gadamer, Hume, Marx and the contemporary Frankfurt School’s theories of law and justice. Students will ultimately determine how each theory articulates the specific relation, or lack thereof, between law and justice.

LAWS2384/JURD7284

Legal Experimentalism

Assessments

20% Class Participation

20% Group Presentation (20-25 minutes)

60% Research Essay (3500 words)

Prerequisites

Completion of 24 UOC in Laws or 72 UOC in JD courses

The course aims to equip students with the ability to use legal skills and knowledge in innovative, creative ways. Students will have the opportunity to engage collaboratively in the creative rewriting of legal instruments, texts and institutions, as well as considering the potential development of new legal technologies and institutions. The course also will develop students’ understanding of the legal applications of new empiricism, realism and democratic experimentalism.

Law and Social Theory

Assessments

20% Class Participation

30% Short Research Essay (1500 words)

50% Final Research Essay (3000 words)

Prerequisites

Completion of 24 UOC in Laws or 72 UOC in JD courses

The course aims to introduce students to theoretical issues concerning the complex relationships between law and society. Topics include the social functions played by legal systems; how does the law intersect with other social systems, practices and forms of power; how the legal system is influenced by the economy and influences the economy in turn; and the factors responsible for driving change in the legal system. These questions are contextualised in both a historical and contemporary context, considering thinkers including Marx, Weber and Foucault.

LAWS3327/JURD7627

Commercial Law

Offered in Term 3 2024

Assessments

25% Class Participation

Prerequisites

Prerequisites

25% Mid-Term Take Home Advice Writing assignment

Completion of 78 UOC in Laws or 72 UOC in JD courses. Co-requisites

LAWS1091/JURD7224 Business Associations and LAWS2383/ JURD7283 Land Law

Completion of 78 UOC of Laws or 72 UOC in JD courses

David D. Knoll AM Testimonial

What the elective is about: Commercial Law is essential if you want to be a legal adviser to business. The course looks at sales transactions, agency and bailment.

Advice for students interested in this elective:

There are no exams - the course is practical and the assessments require students to write advices to clients at the level of a first year solicitor, and to express themselves cogently in class. Often the problems are not hypothetical but rather based on real commercial problems, and thus, students are taught how to advise clients in real situations. Student evaluations generally reflect two comments: the course is hard work, but is intellectually stimulating and rewarding.

50% Final Take Home Advice Writing assignment

How the elective will be relevant to students after graduating: Students will begin to acquire analytical and writing skills not available in other courses!

The best aspect or an interesting fact about the elective:

The teacher is a practising barrister, and not an academic, and so students are taught how to identify critical facts that help decide cases, and how to solve real commercial disputes. Also, the lecturer is always contactable via email and does answer student queries.

Any additional comments?

Ask former students who have taken Commercial Law for their advice.

Commercial and Charitable Trusts

Prerequisites

A/Professor Scott Donald Testimonial

What the elective is about:

Trusts arise in many guises in the real world - in charities, financing arrangements, investment and super funds and even in the family context. They are central to environmental and climate activism, to social impact and to financial markets. This course is designed to help students develop a more sophisticated and nuanced understanding of how the law of trusts works in those contexts.

Advice for students interested in this elective:

The course draws on a wide range of resources to support a variety of perspectives on the law of trusts: case law, government policy and law reform reports, academic and practitioner commentary. Students will learn how to work with all of those to develop their view on a particular issue.

10% Class Participation

30% Mid-Term Exam

60% Final Take Home Exam

How the elective will be relevant to students after graduating:

Trusts arise in almost all aspects of the practice of law in common law jurisdictions. This course is about teaching students how to think about trusts and about practical problems involving trusts in many of these contexts.

The best aspect or an interesting fact about the elective:

It has been common in the past (and hopefully into the future) to involve several leading practitioners in the delivery of selected parts of the course. Students often express surprise that the practitioners talk to them about ideas they have already encountered, or are about to encounter, in the course or in their studies more generally.

Competition Law

Prerequisites

What the elective is about:

The course provides an introduction to competition law, examining Part IV of the Competition and Consumer Act (CCA) and the parallel state provisions of the Competition Code. Competition regulation is based upon the assumption that a level-playing field for business competition will mean that the most efficient competitor is able to sell goods or services at the lowest price to consumers, in turn benefitting both consumers and the economy. The course will explore how the CCA regulates competition, with topics including anti-competitive agreements, criminal cartel regulation, mergers and misuse of market power.

Advice for students interested in this elective:

Pre-existing knowledge of commerce or economics is not essential for this course, as case analysis will allow students to understand the essential economic methodologies for applying the CCA to commercial conduct. The course does not address all provisions of the CCA, particularly the Australian Consumer Law (which is instead studied in LAWS3137).

How the elective will be relevant to students after graduating: Taking this course will particularly prove relevant to students who wish to pursue commercial law. A commercial lawyer needs to be able to spot competition law risks, particularly given the complexity of the provisions and the size of potential penalties. Whether you ultimately advise on the issue yourself or consult experts within your own firm or otherwise, as a prospective commercial lawyer you will need to be able to recognise risk areas and follow them up for your clients.

The best aspect or an interesting fact about the elective:

As competition law risks require analysis specific to particular businesses and industries’ circumstances and strategic outcomes, this area of law is never dry and is constantly evolving.

LAWS3137/JURD7337

Australian Consumer Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2371/JURD7271 Resolving Civil Disputes

What the elective is about:

The course deals with the consumer legislation introduced in the Competition and Consumer Act 2010, which includes provisions on unfair contract terms, product safety, consumer guarantees and misleading and deceptive conduct. The course considers topics such as misleading advertisements, layby sales and penalties for breaching the provisions.

Advice for students interested in this elective:

Students will be studying a recent reform to Australian legislation which signified a new era of Australian consumer protection. As well as the legislation itself being interesting, students will learn about their rights as the consumers at the heart of these national laws. Students who go on to study this elective often enjoyed the introduction to the ACL in LAWS1075 Contracts.

Assessments

20% Class Participation

30% Group Work

50% Research Essay

How the elective will be relevant to students after graduating:

The course is extremely relevant and usefuleven if students don’t use the ACL in their daily practice, the knowledge they gain through the course will serve them well as consumers.

The best aspect or an interesting fact about the elective:

The topic of the major essay is up for each student to decide, allowing students to focus on a facet of a course that particularly interests them.

Insolvency Law

Offered in Terms 1 and 2 2024

Assessments

20% Case Note

30% Mid-Term Exam (2 hours, in class)

50% Final Take Home Exam

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1091/JURD7224 Business Associations

What the elective is about:

The course examines topics including the various regimes of insolvency; the effects of insolvency on the debtor; how the law regulates the rights and claims of competing creditors; the role of insolvency practitioners; and the recovery and distribution of assets. The course further explores the interaction between insolvency law and other branches of law, in addition to the socio-economic implications of insolvency law.

Advice for students interested in this elective:

Students will gain an understanding of how to manage the rights and obligations of various stakeholders in the face of personal bankruptcy and corporate insolvency. Students will also learn strategies for managing, rescuing and dealing with individual and corporate estates that are either faltering or insolvent.

How the elective will be relevant to students after graduating:

Insolvency law is not limited to commercial law and interacts with every other type of law, including contract, succession and tort. The skills learned in this elective will be transferable irrespective of what career pathway students take after graduating.

The best aspect or an interesting fact about the elective:

Although actively encouraged, class participation is not quantitatively assessed in this course. The course is also relatively heavy on the application of statutory provisions, with the two main pieces of legislation being the Bankruptcy Act 1966 (Cth) and the Corporations Act 2001 (Cth).

Law of Banking

Assessments

20% Class Participation

30% Online Quiz

10% Research Essay Plan

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course provides an introduction to relevant legal principles and practical aspects associated with the practice of banking. Topics include the banker-customer relationship, financial services regulation and consumer, corporate and electronic banking. Contemporary banking instruments and transactions, such as bonds, syndicated lending, derivatives and asset securitisation, are also covered.

Advice for students interested in this elective:

Students do not need a background in finance or skills in accounting and mathematics to undertake this course - students who take this course will have a general awareness of the usual ways in which people deal with money from their own dealings with credit and debit cards and paying bills. The Law of Banking will fill in the background against which personal and business finance takes place.

40% Final Research Essay

How the elective will be relevant to students after graduating:

Almost everyone these days has some sort of account in which they keep money, usually with a bank. The law of banking is as such relevant to a broad range of financial activity beyond practice.

LAWS3751/JURD7751

Taxation Law (formerly Business Taxation)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses. Exclusion Course

TABL2751

A/Professor Ann Kayis-Kumar Testimonial

What the elective is about:

Tax touches almost every other area of law. This elective equips you with a solid foundation in national and international tax law and policy.

Advice for students interested in this elective:

This course offers a balance of black-letter tax law, tax calculations, and tax policy. From advising clients on complex financial matters to shaping the policies that drive economic and social policy, your expertise in tax law will set you apart.

How the elective will be relevant to students after graduating:

Tax systems are complicated, fast-changing, and critically important to the efficient functioning of a modern economy. To be an outstanding tax professional, it is no longer enough to be technically competent. You must also have a sound grasp of the basic tools of tax policy analysis. This course provides you with those essential tools and it uses an applied approach. It focuses on the Australian tax system and provides an opportunity to apply the tools to current ‘real-world’ tax issues. This will stimulate your thinking as to what constitutes a ‘good tax system’ and how Australia’s current system can be improved.

10% Class Participation

30% Research Essay

60% Final Exam

The best aspect or an interesting fact about the elective: This course is very useful for any law student intending to pursue a career in public policy or any area of commercial law. Students who have taken this course have consistently rated it very highly, with overwhelmingly positive student feedback, such as: “I really enjoyed how relevant the material was, and how it felt like I was learning a lot more, and doing a lot more than a university course. There were also a lot of engaging discussions, and my interest in tax has seriously increased tenfold!” (T1 2023).

Any additional comments?

I look forward to welcoming you to this course - and am confident you’ll find it both engaging and rewarding!

Advanced Criminal Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course provides the opportunity to study areas of criminal law that are not covered in Crime and the Criminal Process and Criminal Laws. As the course looks at a range of current issues in criminal law and criminology, the topics change from year to year based on what is relevant at the time. Previous topics include law reform pertaining to one-punch crimes, sexting, the use of mobile phones in classrooms, Commonwealth drug offences, justice reinvestment and the Australian Prison Projects.

Advice for students interested in this elective:

If you are interested in or passionate about criminal law, this course is a great opportunity to explore a broad range of topical issues in this area. Staying on top of readings is particularly essential to ensure that you can engage with the course, acknowledging how the topic for each class and its respective online forum is different every week.

Assessments

15% Class Participation

5% Research Essay Proposal

25% Reflective Notes (2x 500 words, 12.5% weighting each)

55% Research Essay (4000 words)

How the elective will be relevant to students after graduating:

Through the assessment requirement of 25% class contributions via posts on an online forum, the course provides students with the opportunity to ventilate what they agree and disagree with from the readings. Forming an opinion to really engage with the broader social issues is an important skill transferable to any career pathway.

The best aspect or an interesting fact about the elective:

The issues discussed are current at the time and relevant to the development of criminal law in the future, with class discussions being particularly driven by student interests. The research essay provides students with the opportunity to focus on an area of criminal law which they are passionate about..

Corporate Misconduct and White Collar Crime

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2371/JURD7271 Resolving Civil Disputes

Professor Michael Legg Testimonial

What the elective is about:

This course addresses enforcement of regulatory law governing corporations and individuals (primarily directors and officers). It starts with an overview of regulatory theory as it applies to enforcement and regulatory discretion. It then discusses methods of investigation, such as search warrants. The course then examines a range of enforcement tools, including civil penalties and criminal prosecutions with a focus on the ramifications of pursuing corporations and/or individuals. The course draws on a range of areas of law, including competition law, securities law, taxation and anti-money laundering.

Advice for students interested in this elective:

This course prepares students for practice in prosecuting or defending companies and individuals in the area of white- collar crime broadly construed (i.e. administrative, civil and criminal actions). The course teaches investigative techniques, civil and criminal procedure with a view to students comprehending the strategies available to regulators and the response from defendants.

20% Class Participation

30% Group Case Study

50% Research Essay

How the elective will be relevant to students after graduating:

White-collar crime prevention and prosecution, also known as regulatory litigation, is a growing area of practice that pits government regulators against often well-resourced corporations. The course engages students in the intellectual debates in the field and takes a practical approach to the topic to prepare students for advising and litigating in this area.

The best aspect or an interesting fact about the elective:

The course draws on a range of case studies to bring the doctrine and procedure to life. Students learn from real world examples.

Drug Law and Policy

Assessments

15% Class Participation

10% Essay Synopsis (500 words)

15% Reflective Notes (3x 350 words)

60% Research Essay

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course explores the complexities of both Australian and international drug laws through a multi-disciplinary approach. Students will learn about the historical process of the criminalisation of drugs, including the role of the United Nations in the prohibition movement; the consequences of drug prohibition; harm reduction policies; and alternative approaches to criminalisation.

Advice for students interested in this elective:

In addition to exploring the history of Australian drug laws and drug offences, the course addresses issues of law reform and social justice concerning drug addiction, prisoners and public health.

How the elective will be relevant to students after graduating:

The course has a focus on current research findings, drawing upon a wide range of historical, socio-legal, political and criminological research to explore the intersectionality of drug laws with other areas of law. The course will be especially relevant to students interested in pursuing a career in criminal or human rights law, policy or working towards law reform and social justice.

Sentencing and Criminal Justice

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course introduces students to sentencing law, practice and procedure. Topics include sentencing court procedure; sentencing policy; sentencing in the context of disadvantaged, vulnerable and Indigenous offenders; therapeutic justice principles; and alternatives to custodial sentences.

Advice for students interested in this elective:

Students learn about the sentencing process and will reflect on whether the goals of sentencing policy align with its practical application. As part of the course, students are required to attend a sentencing court for one day. In contrast to LAWS3623/JURD7633: The Criminal Trial, this course focuses on court procedures related to sentencing rather than the trial process more broadly.

Offered in Term 1 2024

Assessments

0% Court Attendance for a day (non-weighted but mandatory and required for other assessments)

10% Class Participation

30% Essay (2000 words)

30% Sentencing Brief

30% Group Mock

Sentencing Exercises

How the elective will be relevant to students after graduating:

The course will be particularly relevant to students intending to practise in criminal law, work in the courts or who are interested in social justice.

The Criminal Trial

Assessments

10% Class Participation

40% 2x Reflective Notes (20% weighting each)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1230/JURD7130 Lawyers, Ethics and Justice

Professor Jill Hunter Testimonial

What the elective is about:

This course focuses on bringing the reality of criminal trials and their associated processes into the classroom. It is issues-based, often practical, sometimes sociological, and picks up on contemporary topics, such as for 2023, Kathleen Folbigg’s experiences in the criminal justice system. Students also have the opportunity to spend a day sitting with a judge’s associate in a criminal trial.

Advice for students interested in this elective:

Students have the opportunity to learn about the reality of criminal trial processes. Guest speakers, typically in a Q&A environment, add a particularly important dimension. These include how advocates meet particular challenges (eg, preparing for trial), and how the human dimensions of a criminal trial, often hidden, raise particular challenges - eg, this might be vicarious trauma to judges, jurors and others from particular evidence; or who are/are not jurors and how they are/ are not supported.

50% Research Essay (up to 3000 words)

How the elective will be relevant to students after graduating: It will inspire students to become amazing criminal lawyers.

The best aspect or an interesting fact about the elective: Highlights are spending a day with a judge/ judge’s associate and the guest speakers.

Any additional comments?

For assessment, there are 2 broad essay choices - one based on spending a day in court with a judge’s associate in court and the other focusing on interrogating a specific miscarriage of justice.

Children and the Law

20% Class Participation

60% Final Exam or Research Essay (4000 words)

Prerequisites

What the elective is about:

The course focuses on how the law relates to children in a variety of contexts, beginning with the psychological aspect of children’s development and how this applies to children’s legal problems. Practical areas covered include the representation of children in court proceedings; adoption, care and protection; and juvenile justice.

Advice for students interested in this elective:

Classes are interactive, thought-provoking and often involve debates on topical and controversial issues, so it is important to complete the readings and come to class ready to participate. The course provides invaluable insights into the knowledge and skills required when working with children in family law, care and protection or criminal matters.

How the elective will be relevant to students after graduating:

The course will provide students with an understanding of a range of topics that will provide a solid foundation for many areas of practice. For example, the course allows for further exploration of how a range of areas of law, such as family law, medical law and Indigenous law, affect children specifically. The course is particularly relevant for students interested in pursuing a career in family law, child protection, juvenile justice, human rights or youth advocacy.

The best aspect or an interesting fact about the elective:

The course is usually held on Saturdays and is taught by Ananda Hall and Karen Shea, who are both experienced family law lecturers and accordingly have extensive knowledge of the course topics. 100% attendance is required for this intensive course.

Family Law

20% Class Participation

30% 5x Case Notes (6% weighting each).

50% Final Exam

Prerequisites

What the elective is about:

Family law covers the legal principles, processes and institutions applicable to different types of domestic relationships, especially those arising from marriage and various forms of unmarried cohabitation (heterosexual and same-sex) and between parents and children. The course covers topics including marriage and divorce; matrimonial property division; post-separation parenting; the legal status of children, including issues arising from assisted reproductive technology; and the role of both court proceedings and alternative dispute resolution.

Advice for students interested in this elective:

Students will be exposed to the social and cultural factors that influence family law, including changing societal norms, demographic trends, and political developments. Some family law topics can be emotionally challenging, although the content is thought-provoking and undeniably relevant to society today.

How the elective will be relevant to students after graduating:

Family law is a subject which arises across many disciplines of legal practice, meaning that this elective will benefit any student seeking to develop a broad legal education. The course is particularly relevant to students with an interest in the legal regulation of family relationships, including issues arising from sex and gender, or wish to go into specialised family practice.

The best aspect or an interesting fact about the elective:

The course largely covers topics which are not covered elsewhere in the law school curriculum and is designed to avoid overlap in content with related courses, such as LAWS3392/ JURD7492: Children and the Law.

LAWS3396/JURD7496

Family Law Advocacy and Practice

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses and LAWS3391/JURD7491 Family Law

What the elective is about:

The course is designed to introduce students to the basic skills required of an entry level lawyer in family law practice. Students will learn skills including how to work with family law clients, conducting client interviews, taking instructions, and drafting court documents. The course also addresses the ethical challenges in family law practice.

Advice for students interested in this elective:

Although not prerequisites, it is recommended that students have completed LAWS2371 Resolving Civil Disputes and LAWS2351 Court Process Evidence and Proof. As part of the course, students will prepare a reflective journal which will require them to observe an interim hearing in the Family Court of Australia or the Federal Circuit Court of Australia.

15% Reflective Journal

15% Letter of Advice

30% Draft Court Documents

40% Mock Trial

How the elective will be relevant to students after graduating:

Students will develop skills in advocacy, with the course being particularly relevant to students interested in practising either family or child protection law.

The best aspect or an interesting fact about the elective:

The course is realistic, highly practical and taught by experienced family law lecturers

Ananda Hall and Karen Shea. The course is taught in intensive mode, usually on Saturdays, and requires 100% attendance.

Older People and the Law

Prerequisites

What the elective is about:

The course will explore how the law is shaped by ageism and how this concept plays out in application to impact older people. Topics include age discrimination in employment; the right to housing and health for older persons; elder abuse; end of life decision-making; and considering both national and international human rights frameworks for dealing with the rights of older people.

Advice for students interested in this elective:

The course was only first offered in 2022 and will allow students to better understand the ways in which many areas of law are dealing with an ageing population. Each of the lecturers have particular expertise in relation to aspects of the course, ensuring that students develop a wellrounded understanding of elder law and how it works alongside other areas of law.

How the elective will be relevant to students after graduating:

Recognising how we live in an ageing society, elder law will only become more relevant in the future. Students also develop their understanding of other areas of law, including employment, human rights law, housing law and the medical sector, as well as how planning for death and dying affects the application of the law. Understanding the position that elderly and aged people find themselves in the legal system will allow students to become competent legal practitioners.

LAWS3393/JURD7493

Succession

Offered in Term 2 2024

Assessments

20% Class Participation (including participation in the ‘firm’ you are in for the whole term)

30% Take Home Exam OR Research Essay (2500 words)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2383/JURD7283 Land Law

Professor Prue Vine Testimonial

What the elective is about:

It is about how to smooth the transition of property ownership from one generation to another. It is a technical area, but fascinating because the succession law of any country always tells you what that country thinks really matters in terms of persons, property and things. We look at making wills, how they are limited and how property is distributed etc; what happens if you don’t have a will, and how these things work in Islamic, Talmudic, Italian and Indigenous law as well.

Advice for students interested in this elective:

The course is highly practical. It teaches you to draft documents working up to a full will. Learning about the psychological impact of death on solicitors and the detail of taking instructions and how to weave together your understanding of the clients you are dealing with with the law of inheritance.

50% Will-Drafting Assignment (Drafting Will and justifying each clause)

How the elective will be relevant to students after graduating:

Many students who do this course end up as specialists in Succession or Wills and Estates Practice. It is advanced property and equity in many ways so it can assist students with an equity bent. You can also draft wills for yourself and your family if you don’t do it professionally.

The best aspect or an interesting fact about the elective:

Some people change their mind about whether they are entitled to inherit from their parents after doing this course.

Any additional comments?

Just do it!

Conflict of Laws

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

Conflict of laws is widely regarded as the set of rules and laws which a jurisdiction will choose to apply to a case with connections to more than one jurisdiction. The course is divided into three main parts:

• Jurisdiction, which covers the circumstances in which a particular Court will assume jurisdiction over a particular dispute having regard to territorial considerations;

• Choice of law, which addresses which substantive laws will be applied in the case of conflict of laws; and

• Enforcement and recognition of foreign and interstate judgments, including dealing with when the rules of a court in one jurisdiction mandates compliance with the ruling of a court in another jurisdiction.

Advice for students interested in this elective:

This course will appeal to students with an interest in foreign law, with students developing a solid understanding of the rules which govern how courts approach private law disputes with an international or interstate character to them.

How the elective will be relevant to students after graduating: This course will be particularly relevant to students considering practice or further study with an international element.

The best aspect or an interesting fact about the elective: Students will learn about the tools that can be used by an international litigator, including antisuit and Mareva injunctions.

Forced Migration and Human Rights in International Law

What the elective is about:

The course introduces students to the international regime for forcibly displaced persons. The first aspect of the course focuses on the 1951 Refugee Convention, including who qualifies for refugee status, the protections afforded to refugees and the procedures for refugee status determination. The second part of the course considers the capacity of the current international legal framework to respond to displaced persons who do not fall within the Refugee Convention, such as internally displaced persons, persons fleeing human rights abuses or civil war, and those whose movement is a result of climate change or environmental catastrophe. In this respect, the course considers the ethical implications of States agreeing to protect certain categories of persons and not others.

Advice for students interested in this

elective:

Although the course largely focuses on how international law responds to issues of forced migration, consideration is also given to the relationship between the international legal regime and domestic law pertaining to forced migration regulation in Australia. The course is highly pertinent to ongoing issues in international law, with class discussions providing the opportunity to explore people’s opinions.

Opinion Proposal (1000 words)

60% Research Essay or Legal Opinion (5000 words)

How the elective will be relevant to students after graduating: Displaced and persecuted peoples around the world will continue to present enormous challenges to the international community. Understanding this area of law is important not just as law students, but as citizens of Australia and the international community. The course will allow students to grapple with the many complexities of forced migration both at home and abroad.

The best aspect or an interesting fact about the elective:

The course will allow students to methodically debunk common misconceptions about asylum seekers and refugees and develop a better understanding of Australia’s obligations to forced migrants under international law.

Indigenous Peoples in International Law

Prerequisites

Completion of 78 UOC in Laws or courses, including LAWS2270/JURD7220 Law in the Global Context

What the elective is about:

This course covers contemporary international law pertaining to the advancement of recognition of Indigenous rights, with a particular focus on the United Nations Declaration on the Rights of Indigenous Peoples. Other international mechanisms explored include the United Nations Working Group on Indigenous Populations, World Bank and the International Labor Organisation, as well as Indigenous peoples’ right to self-determination.

Advice for students interested in this elective:

Students will engage in complex theoretical discussions regarding the wider political and economic culture of law-making, with a specific focus on the different approaches that inform Indigenous law and its policy.

20% Class Participation

10% Rapid Reactions

10% Essay Plan

60% Research Essay (4000 words)

How the elective will be relevant to students after graduating:

Students develop skills in self-led investigation and critical analysis of current policy through an extended research essay, equipping them with skills transferable to a future career in the law. The course will be particularly relevant to any students interested in pursuing a career in Indigenous or native title rights and international human rights law.

International Criminal Law

Prerequisites

What the elective is about:

The course places international criminal law within the broader context of state sovereignty, international peace and security, post-conflict reconciliation and the rule of law. Although there is a particular focus on the International Criminal Court (ICC), the course more broadly considers other institutions, procedures and powers of international criminal law. Topics include state obligations to cooperate with the ICC, the importance of fair trial and victim participation, and the crimes covered by international jurisdiction such as genocide, war crimes and crimes against humanity.

Advice for students interested in this elective:

International criminal law is a discipline that has emerged within international laws in recent decades and accordingly is a constantly changing area of study. A basic awareness of international criminal law is expected from students and keeping up to date with both historical and current affairs will be very helpful for informing your understanding of the course.

Assessments

15% Class Participation

25% Mid-Term

Assignment (2000 words)

60% Research Essay (4000 words)

How the elective will be relevant to students after graduating:

Students with an interest in criminal law, criminology, human rights, international law or politics may find this course particularly interesting. Students who have previously studied this course have gone on to represent UNSW in the International Criminal Court Moot Competition in The Hague; completed internships at international courts; and pursued careers as barristers, prosecutors, government officials and junior academics both in Australia and internationally.

The best aspect or an interesting fact about the elective:

The elective is very practical, involving a lot of class discussion and in-class moots, allowing the area of international criminal law to be more interesting, easier to understand and enjoyable.

International Human Rights Law and Advocacy

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2270/JURD7220 Law in the Global Context

Professor Justine Nolan Testimonial

What the elective is about:

Understanding and applying international human rights laws and standards to real world problems. Some of the problems we will tackleWhat is the role of business in protecting human rights? Why did the genocide in Myanmar happen right next door to Australia with no intervention? What is the role of social media in addressing human rights abuses? Why is modern slavery increasing throughout the world? Is the UN fit for purpose? How will addressing climate change solve human rights issues?

Advice for students interested in this elective:

The goal is to provide students with a thorough understanding of the international human rights legal framework but apply and analyse it in a very practical way. Develop analytical skills to understand law as part of the social and political environment it exists in.

Assessments

20% Class Participation

30% Short Response (1000 words)

50% Final Essay (4000 words)

How the elective will be relevant to students after graduating: Whether you want to be a corporate lawyer or consultant or human rights lawyer - most firms these days are reporting and advising on social issues that involve human rights. Eg climate mandatory reporting, modern slavery reporting.

The best aspect or an interesting fact about the elective: Practitioners come into the class to talk about their work and their career path.

International Humanitarian Law

Prerequisites

What the elective is about:

The course provides an overview of the fundamental principles of the law of armed conflict. Topics include the principles relating to the protection of individuals during armed conflict; rules relating to methods of warfare; and the national and international enforcement of international humanitarian law. The course additionally considers the role of the International Committee of the Red Cross (ICRC) and the Red Cross Movement in armed conflict, alongside the work of governments, other international organisations and NGOs.

Advice for students interested in this elective:

In international law, there can be quite a substantial amount of ambiguity on particular issues. Resolving these issues can be challenging, especially considering how the intertwined nature of international humanitarian law can mean that a resounding authority on an issue is not available.

How the elective will be relevant to students after graduating: Regardless of whether students wish to practise in international or human rights law, the course invites students to engage in practical legal reasoning, where principles must be applied to humanitarian problems as they emerge in the news. Further, studying international humanitarian law allows students to understand, as future lawyers, a world which is marked by armed conflict.

The best aspect or an interesting fact about the elective: One of the most interesting aspects of this course is the tension between the two schools of thought on international humanitarian law: between the humanitarian lawyers who consider it ‘humanitarian law’ and military lawyers who regard it as the ‘law of war’.

International Trade Law: The Law and Policy of the WTO

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2270/JURD7220 Law in the Global Context

A/Professor Weihuan Zhou Testimonial

What the elective is about:

The world trading system with the World Trade Organisation at its core and the only system that provides rules and mechanisms for creating global trade norms and standards and settling disputes among governments.

Advice for students interested in this elective:

Knowledge about the world trading system and its role in the global economy; Skills to advance analysis of international trade rules and policy making; Ability to use the knowledge to engage in ongoing debates on emerging issues and challenges.

Assessments

20% Class Participation (online exercises, class discussions and group presentations)

10% Research Essay Plan

70% Final Research Essay (5000 words)

How the elective will be relevant to students after graduating: Research skills including independent research and academic writing; Practical skills including presentation, trade law practice and resolving contemporary issues.

The best aspect or an interesting fact about the elective:

It focuses on the needs of students and maintains the flexibility for students to choose what they feel like to do and want to achieve. The course is adjusted accordingly each time based on students’ backgrounds and expertise.

Public International Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2270/JURD7270 Law in the Global Context

What the elective is about:

The course provides an introduction to public international law including important institutions and treaties, as well as the interaction between the Australian legal system and international legal systems. Topics include the relevance of international law to current political and social developments at both international and national levels, and an introductory overview of various theoretical perspectives on the formation and operation of the international legal system.

Advice for students interested in this elective:

The course requires significant engagement with the interactions between different countries and jurisdictions, in addition to the subtleties and realities of international politics that impact the implementation of law on a global level. Students will be exposed to a legal system that operates in a completely different manner to any domestic legal system. As such, this course is best suited for students who are passionate about public law or interested in developing their understanding of the legal interaction between states.

How the elective will be relevant to students after graduating:

The impact of international law on the Australian legal system and globalisation means that a basic understanding of the terminology, institutions and substance of international law is not only worthwhile acquiring in its own right, but is also a necessary part of the skills and knowledge of any law graduate. Public international law is directly applicable when reading or watching the news and considering the rights and obligations of nations, whilst the increase of globalisation and the lack of a truly binding international legal system means that Australian lawyers must be familiar with public international law. Further, the course will be particularly relevant for students looking to work for the United Nations, in the government sector or in policybased work, and may open opportunities for internships with international organisations.

The best aspect or an interesting fact about the elective:

The course is interesting in the way it links the Australian legal system to the international legal sphere, looking at current events and breaking news headlines within the context of international laws. It aims to bring law out of the books and engage students’ understanding of the rights of nations in relation to one another.

Discrimination and the Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course examines Federal and NSW laws prohibiting discrimination on grounds including disability, sex, race and age from both a practical and theoretical perspective. Students gain a practical understanding of the operation and coverage of anti-discrimination legislation and the methods for resolving discrimination complaints, as well as being invited to consider the effectiveness of anti-discrimination laws as a means of overcoming social inequality.

Advice for students interested in this elective:

Students who are interested in human rights and social justice are likely to enjoy this course. Past students have remarked that the course surprised them, but in a really good way.

15% Class Participation

35% Mid-Session Quiz

50% Final Exam

How the elective will be relevant to students after graduating:

Students interested in pursuing a career in human rights will find that this course equips them with a solid understanding of Australia’s obligations under international human rights treaties. The skills in legal problem-solving and statutory interpretation which students develop in this course in the context of anti-discrimination laws will be relevant to a career in any area of law.

The best aspect or an interesting fact about the elective:

The course balances practical and theoretical perspectives, providing students with a wellrounded understanding of the laws prohibiting discrimination.

LAWS3073/JURD7773

Cities, Planning, Law and Justice

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2383/JURD7283 Land Law

A/Professor Amelia Thorpe

Testimonial

What the elective is about:

The course starts by asking: what does justice mean in cities? After considering a range of approaches to this question, we then consider a number of case studies in Sydney and other cities, examining the way the law shapes urban areas and makes them more (or less) just.

Advice for students interested in this elective:

We will cover the basics of planning law in NSW (primarily the Environmental Planning and Assessment Act 1979, but also parts of other laws such as the Heritage Act 1979). Planning is a contested field and one in which the law is updated frequently, so we will examine core principles, trends in law reform, and current developments (e.g. efforts to address the housing crisis; efforts to decolonise the planning system).

Assessments

20% Class Participation

30% Book Review (choose from a list or select your own)

50% Final Assessment (choose from a research essay or designing a walking tour)

How the elective will be relevant to students after graduating: This course is especially useful for students wanting to work in planning, property or environmental law. It is also useful for students wanting to understand the places they live. Cities are a fascinating topic for study. They are a major source of economic growth, creativity and innovation, but they are also sites of energy consumption, environmental degradation and social inequality. Australia is one of the most urbanised nations in the world, with almost 90% of the population living in cities.

The best aspect or an interesting fact about the elective: There are lots of opportunities for you to bring your own experience into this course. We will spend much of our time talking about Sydney, but we will also talk about cities in other places, and students’ experience and reflections on the way things work (or don’t) in other cities really adds to the discussion.

Any additional comments?

Take this course if you want to reflect broadly on the law and its connection to social, political, economic and environmental issues. It is a great opportunity to reflect on the way the law shapes the places we live, work and play – and perhaps also how those places in turn shape the law.

LAWS3361/JURD7361

Environmental Law

Offered in Terms 1 and 3 2024

Assessments

20% Class Participation

30% Mid-Term Essay

50% Final Take Home Exam

Prerequisites

What the elective is about:

The course covers areas of environmental law at the international, federal and at both the local and state level in New South Wales. Topics include climate change, development control, environmental planning, pollution control and protection of biodiversity.

Advice for students interested in this elective:

How the elective will be relevant to students after graduating:

The course will be especially relevant to students whose future career will touch upon environmental issues, including working as a lawyer or barrister, as a policy adviser in government or an environmental regulatory agency, or as an environmental advocate in an non-government organisation. On a more practical level, environmental regulations impact on almost every aspect of life and intersect with almost every field of law, including commercial, criminal and property law.

The best aspect or an interesting fact about the elective:

The course covers both the natural and built environment, with students developing a better understanding of one of the most pressing challenges facing human societies today.

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Food Law

20%

20% Research Synopsis or Presentation

60% Research Essay

Prerequisites

What the elective is about:

The course explores a broad range of issues relating to food arising from the industrialisation of modern agriculture, where people have been gradually replaced by corporations in the process of food production. Topics include regulatory models that affect food production and distribution; the relationship between the environment and food, including carbon emissions and waste; Aboriginal science and rights to food; and the challenges of urban agriculture, such as reconnecting urban populations with food growing and production.

Advice for students interested in this elective:

Interactive classes on a range of issues will allow students to develop a broad understanding of laws and policies relating to food. Students will hone their knowledge of a particular area of their choice through undertaking a research essay. 100% attendance is traditionally required as the course is intensive.

How the elective will be relevant to students after graduating:

There is a growing movement to reconnect with food production and to critically examine the ethicality of how food reaches our tables. Students will consider a broad range of legal and policy issues at both domestic and international level.

Health and Medical Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course aims to introduce students to the law relevant to the health system and the delivery of health services. Topics include patients’ rights both within domestic and international health systems; medical negligence; confidentiality and privacy; and access to medical records. Specific examples of health issues explored include genetics, HIV/AIDS and mental health.

Advice for students interested in this elective:

Students interested in the intersection between the health and legal sectors are likely to enjoy this course. The course will also invite students to consider the ramifications of scientific and technological developments on the legal regulation of the health sector, including assisted reproductive technology and end-oflife decision-making.

How the elective will be relevant to students after graduating:

Health and Medical Law is a relatively new and emerging discipline in Australia that does not cover a single area of law. The course will provide students with the opportunity to develop their understanding of torts, contract, equity, discrimination law, criminal law and administrative law.

Housing Law

Prerequisites

Charlotte Steer Testimonial

What the elective is about:

You will learn how to navigate housing legislation in NSW, and how to bring applications to the NSW Civil and Administrative Tribunal (‘NCAT’). We study the law about renting, and living in a boarding house, caravan park, strata building, retirement village or aged care facility. We look at the gaps in housing law and consider homelessness and the right to housing.

Advice for students interested in this elective:

You will leave the course with the ability to navigate legislation, to appear at NCAT, and to write and present policy submissions on law reform. These skills are practised in class so that you have the transferable skills that you will need when you begin working as a lawyer.

How the elective will be relevant to students after graduating: You will be able to assist clients, colleagues, friends, and family with practical advice and assistance about their housing issues. You are likely to be one of the few lawyers you meet who can do this!

The best aspect or an interesting fact about the elective: The best aspects are the collegiate nature of the class and the breadth of knowledge and skills you will acquire.

Any additional comments?

You will visit NCAT and write a reflection; write a law reform proposal and present it orally in class, and solve legal housing issues in your final take-home assignment: These are all very practical learning tasks! You will enjoy this course if you are a practical problem solver and creative thinker with a passion for social justice.

Indigenous People and the Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course aims to equip students with an understanding of both the legal matters and broader issues that arise in the relationships between Indigenous peoples, their own legal systems and non-Indigenous law. Topics include Aboriginal customary law and Indigenous governance; territorial issues, particularly involving land rights and native title; child protection and family violence; and constitutional change.

Advice for students interested in this elective:

The course builds upon students’ general knowledge from a number of compulsory courses, providing the opportunity to develop their knowledge and understanding of a range of Indigenous legal issues.

Assessments

25% Class Participation

10% Research Essay Plan

65% Research Essay (4000 words)

How the elective will be relevant to students after graduating:

The course covers areas of law including constitutional arrangements, criminal justice, human rights, property rights and intellectual property. Studying this course will allow students to develop a well-rounded legal education which will extend beyond the area/s of law they practise after graduation.

Sport and the Law

Prerequisites

What the elective is about:

Sport is a central part of modern Australian society and culture. As professionalism has become the norm, those involved with sport - be they players, managers, administrators and/or supporters - are increasingly looking to the law to protect their rights and resolve their problems. The course additionally invites students to consider ethical and policy issues facing key stakeholders.

Advice for students interested in this elective:

The course is demanding and assessmentintensive, but will allow students to gain an understanding of the developing role that the law is playing in the world of sport.

10%

How the elective will be relevant to students after graduating: The course touches on a number of different areas of law such as administrative law, business associations, contracts, criminal law, discrimination, industrial relations, intellectual property, taxation, trade practices and torts.

The best aspect or an interesting fact about the elective:

A number of former students have gone on to work within sporting organisations both domestically and internationally as in-house lawyers, or in special teams within firms.

Economic Analysis of Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Assessments

20% Class Participation

20% Media Diary

60% Take Home Final Exam (8 hours) OR Research Essay (5000 words)

What the elective is about: Applying economic ideas to a wide range of legal problems; developing basic familiarity with economic ideas, and for those with existing familiarity, encouraging their application.

Advice for students interested in this elective:

Key skills in economic and policy thinking.

How the elective will be relevant to students after graduating:

Helps increase confidence and skills in policymaking and legal contexts that intersect with economics and business.

The best aspect or an interesting fact about the elective: A dialogue between students with little or no and advanced economic knowledge.

Economic Analysis of Law aims to provide students with an introduction to the field of law and economics. By examining the application of economic principles to current areas of law, the course attempts to equip students with the skills to analyse the law from an economic standpoint. Topics covered include behavioural economics, contractual law and remedies, asymmetric information, game theory and public choice.

Professor Rosalind Dixon Lecturer

Law, Gender and Sexuality

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course explores how the law shapes, and is shaped by, legal responses to gender and sexuality. Students will explore feminist and queer theory to analyse the operation of the law in general, as well as in areas specific to gender and sexuality concerns, across a range of domestic, foreign and international jurisdictions.

Advice for students interested in this elective:

The course is traditionally very discussionintensive and topics covered can vary according to current debates in the field. Students will learn about the role of the law in creating and reinforcing identity categories that work to enfranchise or disenfranchise certain aspects of society, and in turn how law structures and organises power in relation to gender and sexuality.

Term 1 2024

Assessments

20% Class Participation

30% Judgment Outline (1000 words)

50% Feminist or Queer Judgment (3500 words)

How the elective will be relevant to students after graduating:

Topics in this course can cover various areas of law, including anti-discrimination law, health law, privacy law and the pathways individuals disenfranchised because of their gender and/or sexuality can take to political power.

The Politics of Human Rights: Theory and Critique

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including either: LAWS2320/JURD7223 Legal Theory, LAWS2326/JURD7236 Theories of Law and Justice, or LAWS2820/JURD7222 Law and Social Theory

What the elective is about:

Human rights are often proposed as the most important and powerful form of political discourse in the contemporary world for bringing about global social justice or for ending violence and discrimination. This course investigates the problems and limits of human rights as a type of law and a type of political strategy.

Advice for students interested in this elective:

Students will critically examine human rights, including their own beliefs in human rights, through a series of theoretical readings and case studies. It forces students to critically think about human rights, often leaving the classroom with changed perspectives on human rights, law, politics and the world.

Assessments

20% Class Participation

10% Short Reflective Notes

70% Research Essay (5000-6000 words)

How the elective will be relevant to students after graduating:

By posing questions of human rights, this course will allow students to develop a better understanding of the limits and the possibilities of human rights for global politics and social justice. Studies of human rights in operation covers areas including international development, security and terrorism,and humanitarian intervention.

The best aspect or an interesting fact about the elective:

Students are invited to consider human rights from a variety of philosophical viewpoints, ranging from the classical theories of Bentham, Marx and Burke to feminist and postcolonial critiques.

LAWS3442/JURD7942

The Will of the People

Prerequisites

Dr Daniel Mcloughlin Testimonial

What the elective is about:

The Will of the People is a theory course that examines the relationship between law, democracy, and radical social and political change. The first half of the course focuses on theories of popular sovereignty, a concept that justified the revolutions that gave birth to modern democracy, and which continues to underpin its legitimacy. The second half looks at the communist and anarchist traditions, which argue that capitalism has undermined the freedom and equality that are central to democratic theory, and that it is necessary to overcome capitalism and the state in order to realise them.

We read influential theorists of popular sovereignty, like Rousseau and Sieyes; critics of the concept, such as Burke and Arendt; and communists and anarchists like Marx, Bakunin, and Lenin. We also read a range of contemporary debates and thinkers who are grappling with the possibility of radical social, economic and political change today, and are wrestling with contemporary issues, including the rise of populism, racial justice, and the development of automation and immaterial labour. The main question that runs through the course is whether democratic aspirations are best realised through the system of representative and constitutional democracy, or through forms of politics that present a radical challenge to that system.

Advice for students interested in this elective:

Offered in Term 3 2024

Assessments

20% Class Participation

10% Short Reflective Notes

(4x 400 word notes based on the class readings)

70% Research Essay (5000-6000 words, topic of own choosing)

How the elective will be relevant to students after graduating:

The course was developed as a response to the tumultuous politics of the past decade. In this period, countries across the Global North have seen the development of what the economist Adam Tooze calls the ‘polycrisis.’ This involves simultaneous and overlapping crises of democracy (evidenced by the rise of populism) the environment (climate change/mass extinction) and the economy (stagnation, inflation, increasing inequality). Addressing these crises seems to demand some kind of systemic change. The same period has seen the emergence of a range of social movements demanding radical economic, social and political change, from Occupy Wall Street and The Tea Party, through the Arab Spring, populist movements of left and right, to Black Lives Matter, #Metoo, and the Climate Justice Movement. These movements have met with various levels of success; yet the systemic crises that we face remain unresolved.

Theory provides us with tools with which to better understand the world in which we live. The knowledge developed in this course will help students to navigate this difficult and uncertain terrain that we face today as well as the challenges to come; and to be a more thoughtful, ethical and responsible lawyer, citizen and human being. The skills in research, writing, and critical thinking that are developed through engaging with theory, class discussion, and the major research project, are also very useful for many of the kinds of work that a law degree opens for you, from lawyering, to policy work, journalism, or academia.

The best aspect or an interesting fact about the elective:

The best aspect(s) of this elective is the way that it engages with theory, which has a reputation for being ‘abstract’, to grapple with very concrete and current events; the way it gets students to ask ‘big picture’ questions about the legal system; and the central role that free-flowing discussion plays in the classroom.

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Theories of Law and Biology

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course explores the emerging complexity of the relationships between law and biology, recognising how law regulates what can be done (or undone) biologically and therefore has the potential to alter our own self-understanding. Law and Biology takes a theoretical approach which relates law to interdisciplinary fields of knowledge, including biopolitics, biotechnology, criminology, forensics and sociobiology.

Advice for students interested in this elective:

Although not a prerequisite, it is recommended that students have some knowledge in legal theory through having taken one of the legal theory prescribed electives before undertaking this course. Although the course is contextualised from the field of biology, no prior understanding of biology is required.

Assessments

20% Class Participation

20% Short Research Essay (1800 words)

60% Long Research Essay (4000 words)

How the elective will be relevant to students after graduating:

The course encourages students to think about law ‘outside the box’ and develop a rich interdisciplinary perspective on law across a range of fields, ranging from neurology to philosophy. Problem-solving and creative thinking are skills transferable to any industry and will set students up to pursue a career in any field of law.

The best aspect or an interesting fact about the elective:

The course does not focus on matters of litigation, but instead relies upon broader theoretical perspectives to explore the interrelationship between law and biology in the 21st century. Students will reflect on the scientific and ethical questions this interrelationship raises in the contemporary legal system.

Alternative Dispute Resolution in Practice

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2371/JURD7271 Resolving Civil Disputes

What the elective is about:

The course follows on from LAWS2371

Resolving Civil Disputes, investigating and providing practical experiences across a range of alternative forms of dispute resolutions including negotiation, facilitation, mediation and group process. Students will also investigate the role of group dynamics, behavioural preferences and cross cultural influences.

Advice for students interested in this elective:

Past cohorts of students have either reported they love or hate this course. The course is best suited to students who enjoy experiential learning, developing new skills, group-based activities and working in a field where there are no right answers. Many other law courses teach students to think in a very linear way, with this course challenging students to think ‘outside the box’.

20% Class Participation

30% Group Project

50% Research Essay

How the elective will be relevant to students after graduating:

Acknowledging how the costs and time associated with litigation means that it is not always the best way to resolve disputes, this dynamic course reflects where the practice of law is going. Skills in alternative dispute resolution are not restricted to the practice of law and will set students up for success irrespective of what career pathway they pursue. Strategic thinking encourages you to find durable solutions as a result of identifying and meeting parties’ interests, with creative problem solvers always being in demand across various industries.

The best aspect or an interesting fact about the elective:

The course is skills-based, involving a lot of group work with a focus on experiential learning. Recognising how skill training takes a building block approach of group discussion, preparation, performance and review, the course is delivered in full-day sessions with an introductory lecture at the beginning to allow students to get the most out of the skills-based learning.

Class Actions and Mega-Litigation

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2371/JURD7271 Resolving Civil Disputes.

What the elective is about:

The course focuses on the factors that give rise to cases being classified as ‘mega-litigation’ or ‘high stakes’, with an emphasis on class actions. Students will explore how complex civil litigation needs to be effectively managed with consideration being given to cost, delay, access to justice and efficiency. Topics include pleading in complex cases, case management requirements and techniques, and alternative dispute resolution in complex civil litigation.

Advice for students interested in this elective:

Students will consider how the rhetoric of the ‘just, quick and cheap’ resolution of disputes conflicts with the harsh reality of meta-litigation. 100% attendance is required for this intensive course, with the course being traditionally run over four full days.

Assessments

20% Class Participation

30% Group Assignment

50% Research Essay (5000 words)

How the elective will be relevant to students after graduating:

The topics of class actions, electronic discovery, expert evidence and resolving disputes via alternative dispute resolution to avoid litigation are very relevant to contemporary legal practice. Students will also gain an understanding of advanced principles of civil procedure and skills in the management and resolution of complex civil litigation.

The Essential Advocate: An Introduction to Advocacy

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1230/JURD7130 Lawyers, Ethics and Justice and LAWS2371/ JURD7271 Resolving Civil Disputes.

Co-requisite

LAWS2351/JURD7251 Court Process, Evidence and Proof

What the elective is about:

The course focuses on courtroom advocacy including the role of the advocate, the techniques of an advocate and the moral environment and ethics of advocacy. Topics include preparation for trial, case theory, evidentiary and procedural issues in practice and the running of a trial.

Advice for students interested in this elective:

Only take this course if you are prepared to participate and have a go - the course is extremely interactive and will not suit people who prefer passive learning. However, this doesn’t mean you shouldn’t study the course if you are a shyer student - some courage will just be needed to take on advocacy as a form of public speaking. The atmosphere in the classroom is very supportive to ensure that taking on the challenge of advocacy is fun and rewarding.

Assessments

15% Class Participation

- General

15% Class Participation

- Graded Oral

30% Essay (2000 words)

40% Project (3000 words)

How the elective will be relevant to students after graduating:

Advocacy is all about arguing a point of view and attempting to persuade others to that point of view. As such, the skills and psychology of advocacy can be applied in almost all areas of law amongst other industries and will be relevant to students for the rest of their lives.

The best aspect or an interesting fact about the elective:

The focus of the class is on advocacy and strategy, therefore less emphasis is placed on learning and applying the law that is common in most classes you will take throughout your degree.

Data Privacy Law

Assessments

20% Class Participation

20% Group Presentation (Pre-recorded, 8-10 minutes)

60% Research Essay (3500 words)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course provides an introduction to laws governing data privacy in Australia, as well as comparisons with data privacy laws in other jurisdictions. Topics include privacy and confidentiality under Australian common law; key statutory obligations concerning personal information; risks to data privacy in the digital age; and the introduction of ‘Open Banking’ and fintech.

Advice for students interested in this elective:

Students will be required to engage in critical analysis of current data privacy laws and contemplate the effectiveness of proposed reforms in addressing the issues raised by modern data problems.

How the elective will be relevant to students after graduating:

Recent domestic and international enquiries have highlighted the importance of strong data privacy protections in avoiding abuses of power, promoting competition and innovation, and advancing social welfare. With the increasing integration of technology into legal practice, data privacy law will only become more important as a means of protecting individuals’ privacy rights and preventing data breaches.

The best aspect or an interesting fact about the elective:

Recognising how data breaches have become more commonplace in the news, students will learn about the unprecedented reach of digital surveillance by ‘tech giants’. Students will be invited to reflect on how in subscribing to ‘tech giants’ and major companies, we are all susceptible to being subject to a data breach at any time.

Foundations of Intellectual Property Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses. Exclusion Courses

LAWS3046/JURD7446 Intellectual Property 1: Copyright and Designs, LAWS3248/JURD7448 Intellectual Property 2: Trademarks and Patents

What the elective is about:

The course covers all the fundamentals of Australian copyright law, introducing students to the law of copyright (including moral rights), registered designs, trade marks, passing off, consumer law prohibiting misleading and deceptive conduct, breach of confidence and patents.

Advice for students interested in this elective:

The course is taught from a practical perspective and aims to equip students with the knowledge and skills to deal with intellectual property issues when they enter practice. Students learn how to approach intellectual property issues in a practical, systematic manner and gain insight into the interrelationships between the various doctrines in intellectual property. After studying this course, students are likely to see things that they hadn’t noticed before and have a better understanding of how business and marketing work.

20% Class Participation

40% Class Test OR Problem Question

40% Class Test OR Problem Question OR Research Essay

How the elective will be relevant to students after graduating: Students will develop a good working knowledge of the fundamental principles of intellectual property law. The course aims to build solid foundations for lawyers who may or may not want to specialise in intellectual property, as well as those who might later undertake further studies to specialise in this area of law. In practice, intellectual property issues pop up from time to time in just about any area of law, which is only becoming more relevant with scientific and technological advancement.

The best aspect or an interesting fact about the elective: Just about anything that interests you is likely to be affected by intellectual property law - art, music, dance, theatre, literature, social media, downloading from the internet and so on is covered by copyright law, whilst fashion, cars and consumer products are often protected by registered designs law. Patent law is all about inventions, affecting cutting edge topics such as the development of new pharmaceuticals, genomic research and green technologies. Students with an interest in brands, celebrities or marketing are likely to be interested in trademark and passing off law.

Intellectual Property 1Copyright and Designs

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses. Exclusion Course

LAWS3021/JURD7321 Foundations of Intellectual Property Law Sister Course

LAWS3248/JURD7448 Intellectual Property 2: Trademarks and Patents. Please note that these courses can be taken independently or in any

What the elective is about:

Intellectual Property 1 covers two key aspects of Australian IP law: Copyright and Registered Designs. The course primarily provides an indepth examination of copyright law, from the basics of what copyright law protects through to the justifications of copyright and how it achieves these protections. Other aspects of intellectual property including registered designs and circuit layout are also covered.

Advice for students interested in this elective:

Classes are highly interactive and rely on a lot of audio-visual material, so it is important that students come prepared to class. Students will also be invited to engage in discussions both inclass and via online forums about policy issues and law reform proposals.

Assessments

20% Class Participation (both in-class and online contributions)

20% Reflective Note

60% Final Take-Home Exam

How the elective will be relevant to students after graduating: Each one of us creates and interacts with intellectual property every day of our lives often without realising (such as through books, music and films), with the course equipping students with the skills to understand the relationships that copyright and designs create. In practice, intellectual property issues pop up from time to time in just about any area of law, which is only becoming more relevant with scientific and technological advancement.

The best aspect or an interesting fact about the elective:

The content is very topical as copyright is a constantly evolving area of law, so be prepared to learn about cases that aren’t in the textbook.

Intellectual Property 2Trademarks and Patents

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses. Exclusion Course

LAWS3021/JURD7321 Foundations of Intellectual Property Law Sister Course

LAWS3046/JURD7446 Intellectual Property 1: Copyright and Designs. Please note that these courses can be taken independently or in any order.

What the elective is about:

The course focuses on three key aspects of Australian IP law - registered trademarks and related doctrines such as passing off; patents protecting new innovations; and the action for breach of confidence, which protects trade secrets and personal information. Students will learn about infringement and defences for each aspect of IP law.

Advice for students interested in this elective:

The course invites students to engage in policy debates over the scope of legal protection, particularly regarding emerging areas such as the protection of biotechnology. Students should choose this course if they are interested in learning about both patent and trademark law, as if you are only interested in learning about one of these you may find sitting through half of the course extremely tedious.

Assessments

20% Class Participation (both in-class and online contributions)

20% Reflective Note

60% Final Take-Home Exam

How the elective will be relevant to students after graduating: IP has become one of the most important areas of commercial legal practice in recent years and it is also vital to the marketing, advertising, entertainment, communications, science and technology industries. In practice, intellectual property issues pop up from time to time in just about any area of law, which is only becoming more relevant with scientific and technological advancement.

The best aspect or an interesting fact about the elective: Students will grapple with the importance of curiosity and creativity, with the areas of trademarks and patents being particularly fascinating in respect to where the line is drawn over certain aspects of a creative expression.

Media LawGeneral Principles

Prerequisites

A/Professor Daniel Joyce Testimonial

What the elective is about:

This course focuses on the principal legal areas affecting media content. An underlying theme of the course will be the relationship between free speech and the legal restrictions imposed upon the media. You will find also that the course builds on your knowledge of a variety of legal topics already studied in your program, such as, for example, torts, criminal law, and constitutional law, but requires you to rethink these areas from the perspective of how they impact upon media as they carry out their roles of reporting and commenting. The course will cover the core areas of media law and its general principles. We will also consider new frontiers and contemporary case studies involving digital and social media. The media landscape is transforming and we examine how media law frameworks can be reformed and/ or further developed to address the challenges involved.

Advice for students interested in this elective:

Please come to class ready to share your ideas and perspectives with each other, and with a sense of curiosity. This is a very enjoyable course which involves fascinating areas of law and connects with important social and political themes relating to democracy, human rights, technology and so on.

Assessments

10% Class Participation

30% Mid-Term Paper (1500 words)

60% Final Take Home Exam

How the elective will be relevant to students after graduating:

Media law is a specialist generalist subject which provides both critical analytical skills in areas like free speech, practical doctrinal skills in areas like defamation, and interesting examples of how law is adjusting to technological change. It has both public and private law qualities and draws also on the interaction between statute and the common law. Media, communications, technology, defamation and privacy are all fascinating areas in practice which continue to offer myriad professional opportunities.

The best aspect or an interesting fact about the elective: The content for this elective is updated every time it is taught to capture the changes in the media landscape and new modes of regulating digital and social media platforms. Media law is often in the news!

Regulation for Cyber Security

Prerequisites

Completion of 78 UOC in Laws courses

What the elective is about:

The course provides an introduction to cyber security, with a multidisciplinary focus that sees law students focusing on the role of regulation whilst working in collaboration with engineering students from COMP6441/COMP6481 Security Engineering and Cyber Security. Topics include cybercrime, authentication, cognitive biases, social engineering, privacy and open source intelligence.

The course structure deviates from other law courses, with students being required to attend a two-hour law seminar, a two-hour lecture on the foundations of cybersecurity with Engineering students, and a two-hour tutorial with Engineering students each week. In the classes attended with Engineering students, law students will serve as the ‘legal experts’ when collectively problem-solving policy and practical challenges.

Advice for students interested in this elective:

Technical computing skills are not necessary for taking this course; however, to get the most from this course, students will need to be independent and curious self-directed learners. For students who don’t particularly enjoy readings, the course has few readings and instead involves weekly online law and engineering activities to encourage ‘security thinking’.

Assessments

30% Portfolio, consisting of completion of weekly activities and Class

Participation in law seminars

30% Self-Selected Project

40% Final Exam

How the elective will be relevant to students after graduating:

The course draws upon contract law, consumer law, directors duties, national security, international law and tort law when considering pressing policy issues. Cyber security is a rapidly growing field and there is a growing need for both the law and legal professionals to regulate this space. The course’s multidisciplinary and collective problem-solving approach is also reflective of modern workplaces and will set students up to work effectively with engineers in a future career in cyberlaw.

The best aspect or an interesting fact about the elective:

The course is not a typical law course in its structure or assessment, instead truly compelling students to closely collaborate with their peers from both Law and Engineering degrees and think ‘outside of the box’.

Advanced Contract Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Simon Kozlina Testimonial

What the elective is about:

This course is all about exploring contract law in more depth than in the earlier courses Contracts and Principles of Private Law. We focus especially on the issues surrounding rights of termination, the interaction between common law, equity and statute, and the connection between ‘law’ and ‘practice’.

Advice for students interested in this elective:

This is a great elective if you’re interested in exploring contract drafting or the connections between contract law in theory and the reality of negotiation and litigation in a commercial context. The course also has a fairly significant research component, so if you like research or want to improve your research skills, then this course will be useful.

Assessments

20% Class Participation (including out-of-class CP tasks)

40% Research Essay (choice of topics, 3000-4000 words)

40% Final Exam (7 days, with essay and drafting-related questions)

How the elective will be relevant to students after graduating:

This elective is designed to be very much focused on professional practice, so should be particularly relevant for graduates in law or lawadjacent industries.

The best aspect or an interesting fact about the elective:

The readings for the course are very focusedone case for a class (although you have to read the whole case) or one article, etc. This course really rewards students who like to reflect on things rather than churn through hundreds of pages a week.

Any additional comments?

If you are looking for a change from the regular approach to black letter law, or if you are interested in reading different perspectives on contract law, or if you just want to see a ‘real’ contract and have a go at drafting a clause, then this elective is well worth considering. Plus it’s fun - truly.

Animal Law

20% Class Participation

20% Mid-Term Assessment

60% Research Essay (2000-3000 words)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course investigates the way both society and the law think about and treat animals and how well the law protects animals. Topics include the legal classification of animals as property and the implications of treating animals as property, the regulation of the use of animals for food, entertainment and research, live exports and companion animal laws.

Advice for students interested in this elective:

Students should be interested in animals and prepared to think outside the box about the law. Students should be prepared to engage in questions about jurisprudence and ethics, and to have some preconceptions about humans and animals challenged.

How the elective will be relevant to students after graduating: Animals are everywhere in our lives, yet we often don’t think about the role the law plays in regulating our treatment of animals. Lawyers have an important role in deciphering the legal framework that governs animals and engaging in creative ways of using the law to protect animals.

The best aspect or an interesting fact about the elective:

The classes are held on Saturday and taught by Tara Ward, the co-founder and Principal Lawyer at the Animal Defenders Office, a community legal centre that focuses on issues in animal law. 100% attendance is required for the course.

LAWS3135/JURD7435

Conveyancing (formerly Land DealingsResidential and Commercial Contracts)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2385/JURD7285 Equity & Trusts

Chris Pearce Testimonial

What the elective is about:

The elective is about the law of conveyancing. This course focuses upon contracts for the sale of land, and the process through which title is conveyed from the vendor to the purchaser. This includes matters such as vendor disclosure, warranties and deposits, as well as the remedies that may arise when a conveyance does not go so smoothly.

Advice for students interested in this elective:

Conveyancing is a commonplace transaction. Every small, medium and large firm in the country will have a property practice. The assessment in this course is directed towards you being able to leave with an understanding of how conveyancing actually works. Through class participation and a mid-term viva voce (oral assessment) you will be given the opportunity to show that you actually understand this area of law. There is no value in a lawyer who cannot effectively communicate the law verbally. Friends, family, clients, partners and judges will all expect you to be able to clearly and accurately communicate the law, and they won’t always give you 2 hours or 48 hours to go away and think about the answer - sometimes they’ll want it immediately.

Assessments

20% Class Participation

30% In-person Viva Voce (oral assessment - 20 minutes with additional 10 minutes for feedback)

50% Take Home Final Exam

How the elective will be relevant to students after graduating: Buying a home is not quite as much of a certainty in life as death or taxes, but it’s pretty high up on the list. When you graduate from law school you can guarantee that this will be a topic that friends and family will ask you questions about, and it’s likely to be something you may engage in yourself either personally or professionally. There are over 8 million lots of land in NSW - so there are plenty of conveyancing transactions that will need to be completed throughout your lifetime.

The best aspect or an interesting fact about the elective: In studying this course you will learn why you no longer need to wear a battle glove to convey title to land.

LAWS3028/JURD7328

Employment Law

in Terms 1 and 3 2024

Assessments

10% Class Participation

30% Mid-Term Quiz

60% Final Take Home Exam

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course studies individual employment relationships in Australia. Topics include the formation, duration and termination of an employment contract; the rights and liabilities of employees and employers under contract, legislation, awards and industrial instruments; and what remedies are available to employees and employers for any breaches of employment contracts, regulations or awards.

Advice for students interested in this elective:

To ensure that students find the course relevant, the course draws on case law, the use of hypotheticals and student experiences

How the elective will be relevant to students after graduating:

Employment law is and will be relevant to all students throughout their lives - even if students do not go on to practise employment law, an understanding of employee rights will serve them well in any employment contract they enter. Employment law also impacts on the practice of most other types of contracts, meaning completion of this course will allow for a well-rounded legal education.

Insurance in Australia

20% Class Participation

30% Essay

50% Final Exam

Prerequisites

What the elective is about:

The course is an introduction to the role, function and regulation of insurance in Australia at both federal and state/territory levels. Topics include how law and regulation applies to particular insurance products; the role and function of regulating bodies; and reforms introduced in recent years, including by the Insurance Contracts Act 1984 (Cth).

Advice for students interested in this elective:

Insurance is a broad and growing area of law, with there being a range of regulatory systems and rules that may apply. Students will learn about the different types of insurance and insurers in Australia, and the issues arising from claims handling and the enforcement of insurance contracts.

How the elective will be relevant to students after graduating:

Insurance is an essential part of both economies and communities in the twenty-first century covering a broad range of risks from different areas of law including construction, employment and property. Irrespective of whether students go on to practise insurance law, the knowledge gained through this course will allow students to better understand their own insurance policies.

LAWS3282/JURD7382

Advanced Administrative Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1160/JURD7160 Administrative Law

What the elective is about:

The course builds on students’ knowledge of administrative law by covering a range of advanced topics relevant to modern government legal practice in Australia. Topics include evaluating the different remedies which may be available against government decision-makers and how these remedies interact; the ‘centrality’ of government for public law and whether it remains an organising principle in light of the state’s increasing use of private sector bodies for governmental bodies; non-court based justice; and judicial review of private sector bodies.

Advice for students interested in this elective:

Students do not necessarily need to have excelled in the prerequisite of LAWS1160 Administrative Law to undertake this elective, and instead only require an interest in public law issues. People who are ready to form opinions and debate them tend to have enjoyed the course in previous years.

Assessments

10% Class Participation

10% Research Essay Plan (1000 words)

80% Research Essay (5000 words)

How the elective will be relevant to students after graduating: This course will prove invaluable for students intending to practise in any area related to government. However, even if you do not intend to practise in public law, having an expansive knowledge of public law issues will set you apart as a graduate lawyer, with public law issues invariably popping up in commercial practice.

The best aspect or an interesting fact about the elective:

The major piece of assessment is an extended research essay on an administrative law-themed topic of the student’s choice as discussed with the convenor. In this respect, the course can feel like doing a research thesis but with a lot more classmates. In the past, several of these essays have been of the highest quality and have gone on to be revised for publication in leading academic journals, including the Australian Journal of Administrative Law.

LAWS3281/JURD7581

Advanced Statutory Interpretation

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1160/JURD7160 Administrative Law.

Co-requisite

LAWS2371/JURD7271 Resolving Civil Disputes

What the elective is about:

The course combines theory and practice to examine how statutes are read by Australian courts. Students will learn about the process and formalities of enacting statutes; the principles invoked by courts to govern their interpretation; and the schools of interpretation. The course also covers contemporary debates concerning the nature of legislation and statutory interpretation, including the challenges posed by the increasing volume and complexity of legislation and what current approaches to statutory interpretation suggest about the relationship between the judiciary and the legislature.

Advice for students interested in this elective:

Students will examine key statutory interpretation cases and the principles and process of statutory interpretation in depth. The course is highly intellectually stimulating because of the difficulty of the subject matter students are required to grapple with.

Assessments

20% Class Participation

30% Assignment

50% Essay (2500 words)

How the elective will be relevant to students after graduating: Statutory interpretation is an increasingly important area for law graduates relevant to many fields of law. Students will learn how to navigate extrinsic materials, linguistic presumptions, interpretation provisions and other aids to construction to make arguments about how statutes should be interpreted.

The best aspect or an interesting fact about the elective: Readings usually consist of full High Court judgments, which takes time and effort to read to keep up with the course.

The High Court of Australia

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Professor Rosalind Dixon Testimonial

What the elective is about: Advanced constitutional law and constitutional theory; ideas about judging and judicial role; diversity and judicial biography.

Advice for students interested in this elective:

This course is an invitation to reflect on other courses you have studied and engage in a “capstone” study that is like a final year ILJ - i.e. conclusions to law and justice.

How the elective will be relevant to students after graduating:

A more critical view of the system and more confident view of how to navigate it.

The best aspect or an interesting fact about the elective:

Forming your own view of what the HCA should do!

30% Class Participation

10% Essay Presentation

60% Research Essay OR 4x Memorandum

The course explores the internal workings of the High Court and the Federal Court system, alongside its relationship to broader political and global development. It also explores key topics in advanced constitutional law, such as theories of constitutional interpretation and the law-politics distinction. Any students interested in advanced public law or who are contemplating undertaking a judicial associateship are likely to enjoy this elective.

Australian Immigration Law and Practice

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS2150/JURD7250 Federal Constitutional Law

What the elective is about:

The course teaches students about the operation of Australian immigration law, focusing on how the Migration Act 1958 and the Migration Regulations 1994 operate together to regulate entry and stay in Australia. Topics include the working of the visa system, the different categories of entrants and exploring the relationship between immigration, government policy and Australian citizenship.

Advice for students interested in this elective:

The course often enlivens debate about the current state of the law with respect to vulnerable migrants, inviting students to discuss different policy objectives and social consequences of legislative amendments. The course is particularly interesting because of ongoing media coverage and political developments in the area.

10% Class Participation (assessed via group work)

40% Mid-Term Problem Question

50% Final Take Home Exam

How the elective will be relevant to students after graduating:

The field of immigration is diverse and dynamic, touching upon many sectors of society. It is an area of law that is constantly undergoing change and heavily impacted by politics. Students will have the opportunity to gain in-depth knowledge about an area undeniably relevant to the wider community, affecting a great range of people and being discussed often but rarely well understood. The course will give students a solid understanding of the rules and regulations behind immigration laws and policies, allowing them to have an informed opinion about a topic that is frequently in the public eye. Students ultimately will gain general social awareness and be better equipped to contribute to public discourse on important issues.

The best aspect or an interesting fact about the elective:

Students should be prepared to engage with the legislation in a way that not many other courses do, recognising how legislation in this area of law is voluminous. Students will be given a step-bystep approach to the legislation to ensure they understand its operation in practice.

Comparative Constitutional Law

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

This course will provide students with an introduction to the study of constitutional law through a comparative lens. It will begin with an introduction to the field, exploring questions such as how do you study a “constitution”, what is the value of studying constitutions comparatively, and how do you decide which countries to study (including discussion of the ‘Global South’ critique within comparative constitutional studies). It will cover a range of topics in constitutional law from a comparative angle, including forms of government, federalism, democracy, rights protection, judicial review, and constitutional change, as well as exploring the transnational dimensions of constitutional law. A week will also be devoted to an exploration of contemporary constitutional changes, challenges and conversations taking place in our region, focusing on particular case studies in Asia and/or Oceania.

Assessments

25% Class Participation

25% Op-Ed/Blog Post

50% Response Memos

Advice for students interested in this elective:

This course is for students who are interested in deepening their understanding of constitutional law through comparative study. Students are encouraged to take Law in the Global Context and Federal Constitutional Law prior to or simultaneously with this course.

Public Interest Litigation - Origins and Strategies

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

What the elective is about:

The course will explore how to realise human rights and advance social justice through the practice of law. Students will learn about the emergence of the public interest litigation (PIL) movement by considering how law has been utilised to shape social policy in different jurisdictions, including America, Canada, India, Israel and South Africa. Students will then evaluate various litigation strategies adopted to advance public interest in Australia, such as test case litigation and representative proceedings, in addition to the barriers to conducting PIL.

Advice for students interested in this elective:

The course aims to encourage students to recognise both the values and limitations of public interest litigation. Students explore how PIL can be supplemented through developing parallel campaigns in policy, working with the media and weighing up alternatives to litigation. Students will be required to choose a topic of contemporary public interest and devise a litigation strategy to advance an issue of social importance.

Assessments

10% Class Participation

40% Group Presentation

50% Research Essay

How the elective will be relevant to students after graduating:

Students with a particular interest in public law broadly, human rights, law reform or social justice are likely to enjoy this course, with skills in advocacy being transferable to almost all areas of law.

The best aspect or an interesting fact about the elective:

The course invites students to narrow in on the effectiveness of advocacy when working with communities and public interest clients.

OVERSEAS ELECTIVES

LAWS3345/JURD7645

China International Business and Economic Law (‘CIBEL’) Summer School

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

20% Class Participation

10% Research Essay Plan

70% Research Essay

The course is an introduction to the legal system of the People’s Republic of China, with a particular focus on modern developments within China pertaining to international business, commercial law and economic law. Students will learn about the role that law plays in modern China through reference to its historical origins and how this is changing in the twenty-first century

Classes are held over a two-week intensive period at the Tsinghua University Law School in Beijing. Topics include an introduction to Chinese Business Law; Chinese civil procedure, company law, banking law and securities law; and international and Chinese intellectual property law. Beyond the theoretical components, students will attend field trips to Chinese legal institutions such as a Chinese court, a Chinese law firm, the Supreme People’s Procuratorate and/or an arbitration commission.

Further information and application forms are available on MyLaw.

Chinese Legal System (SJTU)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Assessments

20% Class Participation

10% Research Essay Plan

70% Research Essay (4000 words)

The course is an introduction to the legal system of the People’s Republic of China, with particular reference to modern developments in commercial law and other key legal areas following China only opening its market forces in the late 1970s. Students will learn about the role that law plays in modern China through reference to its historical origins and how this is changing in the twenty-first century.

Classes are held over a two-week intensive period at the Shanghai Jiao Tong University (SJTU). The course is taught in English and covers topics such as the elements and institutions of the Chinese legal system; areas of law including constitutional law, contract law, intellectual property law, foreign investment law, corporate and securities law and foreign trade law; and mediation, arbitration and civil enforcement procedures. Beyond the theoretical components, students will attend field trips to Chinese legal institutions including a Chinese court, a Chinese law firm and/or Shanghai International Arbitration Centre.

Further information and application forms are available on MyLaw

Law & Society in Asia

Assessments

25% Class Participation

25% Research Essay Proposal

50% Research Essay

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

The course provides students with an introduction to law and society studies in the context of Asia. Central to the study of law and society is the idea that law does not only exist in the books, but also in action. Students will be introduced to critical questions about law in postcolonial societies in Asia and required to reflect upon when and why law matters and in whose interests it matters. The course will primarily draw on the legal system within Indonesia for its comparative context. Core themes of the course include: the origins of socio-legal studies in Indonesia; Islam and the state; constitutionalism; human rights; the role of courts; processes of law reform; and legal pluralism.

Classes are held over a two-week intensive period and may be taught in either Sydney or Indonesia, providing students with a unique opportunity for a cross-cultural and immersive learning experience.

Law Schools Global League Summer School

Prerequisites

Completion of 78 UOC of Laws or 72 UOC in JD courses

The Law Schools Global League (LSGL) Summer School is an annual summer school taught by academics from LSGL member universities. Over two weeks, students complete four course modules which have historically covered areas of law including Climate Change, Justice and Courts, Comparative to Global Corporate Governance, International Taxation, and Trade and Investment Law. The modules change yearly depending on the academics in attendance. In 2023, there was a particular focus on the law on climate change, global perspectives on emerging technologies and sustainability, AI and sustainability, and corporate law in the tech-ESG area.

Students must be nominated by UNSW to attend.

LAWS3346/JURD7546

Law & TechnologyComparative Perspectives (Zurich)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

20% Class Participation

10% Research Essay Outline

70% Research Essay

Classes are taught at the University of Zurich, Switzerland. The host university alternates so that UNSW students attend classes with students from the University of Zurich in Switzerland one January, and 18 months later Swiss students attend UNSW in August.

The course draws on Australian, US and European perspectives to explore the interaction between law and modern technology. Whilst topics vary depending on the lecturers, the course may cover the regulation of disruptive technologies; patent and licensing issues; human rights, digital rights and controversial technologies, such as surveillance; Big Data, algorithms and traditional expectations for public and private decision-making; and the emergence of cyber crimes.

Students will gain an understanding of the legal frameworks and theoretical approaches regarding regulation of technologies in a global and transnational context. The course aims to nurture creative legal thinking when contemplating issues arising from emerging legal technology, including the possible regulation and promotion of technological changes.

Further information and application forms are available on MyLaw

LAWS3087/JURD7787

US Legal Systems (Berkeley)

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Professor Michael Legg Testimonal

What the elective is about:

This course is an introduction to the US legal system through an overview of the American form of government, with a particular focus on the US Constitution, and through the lens of American exceptionalism. The course then focuses on specific issues such as free speech, gun rights, death penalty, the 14th Amendment, civil and criminal litigation. The course also looks at the American legal profession and admission to practice.

Advice for students interested in this elective:

The course teaches US law by adopting a comparative approach. The main assessment is a research essay. Students can select their topic (subject to convenor approval) but it must adopt a comparative approach.

20% Class Participation

10% Research Essay Plan

70% Research Essay (5000 words)

How the elective will be relevant to students after graduating: Comparative approaches to law open up another legal system for study and inspiration. It may also suggest a career path that involves working or studying in the US.

The best aspect or an interesting fact about the elective:

The course is taught at the University of California, Berkeley just outside San Francisco. Students are able to immerse themselves in American culture and law.

LAWS3541/JURD7841

Pacific Islands Legal Systems

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Assessments

20% Class Participation

20% Class Presentation

60% Research Paper (4000 words) OR 40% Research Paper (2500 words) PLUS Reflective Journal/Media Activity/ Quiz

The course serves as an introduction to the merging legal systems of the Pacific Island states, covering topics such as the history, politics and constitutional development of these legal systems; customary law; land tenure regimes; and regional engagement between states. Students will consider the position of particular states, such as Fiji, Papua New Guinea and Vanuatu, as well as examining the nature and role of regional organisations, including the South Pacific Forum.

Classes are taught in conjunction with the Law Faculty of the University of the South Pacific at the Emalus Campus in Port Vila, Vanuatu.The course is taught in English intensively over two weeks. Beyond the theoretical components, students will attend field trips to local courts, law firms and to locations where customary law is observed.

Further information and application forms are available on MyLaw.

LAWS3445/JURD7745

Women & Gender Law ILS Pune

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Classes are taught at the ILS Law College in Pune, India.

Assessments

30% Class Participation

10% Essay Plan (1000 words)

60% Research Essay (5000 words)

The course considers the role of the law in creating and perpetuating gender inequalities. Students will learn about the historical development of feminist legal theory in both India and the West and its modern developments, as well as exploring a range of substantive issues of particular relevance to Indian society including child marriage, dowry and sex-selection. The course also focuses on a range of issues relevant to both Indian and Australian society, such as the economic empowerment of women, violence against women and sex work.

The course aims to equip students with skills in critical thinking through examining gendered constructions of law which can lead to inequality and discrimination. Beyond the theoretical components, students will undertake two field trips to local organisations in Pune.

Further information and application forms are available on MyLaw

LAWS3549/JURD7549

Child Rights Comparative Clinic Program: India

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Assessments

20% Class Participation

20% Reflective journal (1000 words)

10% Oral Presentation

50% Final Assessment (3000 words)

Classes are taught at VM Salgaocar College of Law in Goa, India. Students will undertake a 10day intensive comparative clinical program focusing on the legal framework for the protection of children’s rights internationally, with a comparative focus on India and Australia. Topics covered include child rights and law reform in India; the legal aid and child rights clinical program operated by VM Salgaocar College of Law; and learning more broadly about the Indian and Goan legal systems. Students will gain a deeper understanding of the complex issues involved in child rights protection and the importance of community-based legal services.

Further information and application forms are available on MyLaw.

Transnational Legal Studies

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses by the end of T1 for the Fall Semester and by the end of T2 for the Spring Semester

Assessments

100% Assessment - Note that each of the four courses (24 UOC total) is taught by a different Faculty member and the assessment structure / number of assessments for each course could vary. Further detail will be provided for each course by the host institution. Students must pass each course to be awarded the 24 UOC. The results from each course undertaken will be assessed by the UNSW Convenor for this elective to determine if students have satisfied the requirements to pass.

About

The course is a semester-long intensive program in international, comparative and transnational law taught by staff from 20 partner law schools at the Centre for Transnational Legal Studies in London (CTLS). The course is taught twice each year - a Fall Semester (31 August to 15 December) and a Spring Semester (1 January - 15 May), with students undertaking 24 UOC of courses.

Students from UNSW Law and Justice will join students from the 20 partner schools to undertake the following:

• One core subject;

• Three electives chosen from the electives on offer each semester;

• A participatory exercise to introduce students to each other and to the different perspectives that they bring to the CTLS; and

• A weekly workshop featuring some of the world’s leading scholars and practitioners of international, comparative and transnational law

Application Information

Applications will usually open in mid-February for the Fall Semester. For the first intake, as UNSW Law and Justice will not be sending students until the Spring Semester (commencing January 2025), applications will open in May 2024.

Three students from UNSW Law and Justice will be selected annually on the basis of academic merit and a 500-word personal statement explaining why you would like to join the course, including how it connects to your interests and future aspirations. Successful students can join either of the two semesters.

EXPERIENTIAL LEARNING

Internships, Clinics, Journals and Competitions

Key Dates and Application Information

Students must apply to the Faculty of Law and Justice to complete these courses. Application dates for 2024 are listed below. Note that dates are indicative and may change by a few days.

Summer Term 2024

Applications already closed

Self-organised internship deadline - Term 3, Week 9

Law internship extended deadline - Term 3, Week 9

Term 1 2024

Main Round

Applications open: 10am, Tuesday 5 September

Applications close: 8pm, Sunday 24 September

Secondary Round

Applications open: 10am, Tuesday 31 October 2023

Applications close: 8pm, Sunday 19 November 2023

Self-organised internship deadline - Term 3, Week 10

Law internship extended deadline - Term 3, Week 10

Internships available

LAWS3555/JURD7555: UNSW Law Internship (LLB and JD)

LAWS3183/JURD7383: Australian Journal of Human Rights

LAWS3777/JURD7777: UNSW Law Internship: Extended (LLB and JD)

Clinics available

LAWS3302/JURD7502: Land and Environment Court Clinic

LAWS3319/JURD7819: Police Powers Clinic

LAWS3303/JURD7303: KLC Community Law Clinic (intensive)

LAWS3304/JURD7304: KLC Community Law Clinic (non-intensive)

LAWS3240/JURD7540: KLC Family Law Community Education Clinic (non-intensive)

Term 2 2024

Main Round

Applications open: 10am, Tuesday 2 January 2024

Applications close: 8pm, Sunday 21 January 2024

Secondary Round

Applications open: 10am, Tuesday 27 February 2024

Applications close: Sunday, 17 March 2024

Self-organised internship deadline: Term 1, Week 10

Law internship extended deadline: Term 1, Week 10

Internships available

LAWS3555/JURD7555: UNSW Law Internship (LLB and JD)

LAWS3183/JURD7383: Australian Journal of Human Rights

LAWS3777/JURD7777: UNSW Law Internship: Extended (LLB and JD)

Clinics available

LAWS3319/JURD7819: Police Powers Clinic

Term 3 2024

Main Round

Applications open: 10am, Tuesday 2 April 2024

Applications close: 8pm, Sunday 21 April 2024

Secondary Round

Applications open: 10am, Tuesday 4 June 2024

Applications close: 8pm, Sunday 23 June 2024

Self-organised internship deadline: Term 2, Week 10

Law internship extended deadline: Term 2, Week 10

Internships available

LAWS3555/JURD7555: UNSW Law Internship (LLB and JD)

LAWS3183/JURD7383: Australian Journal of Human Rights

LAWS3777/JURD7777: UNSW Law Internship: Extended (LLB and JD)

Clinics available

LAWS3302/JURD7502: Land and Environment Court Clinic

LAWS3305/JURD7304: KLC Employment Law Clinic (intensive)

For further information, visit https://www.unsw.edu.au/law-justice/student-life/law-and-justicestudent-experience or contact the Faculty of Law and Justice.

LAWS3303/JURD7303; LAWS3304/JURD7304; LAWS3305/JURD7305

Kingsford Legal Centre (KLC) Internships

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1230/JURD7130 Lawyers, Ethics and Justice and LAWS2371/ JURD7271 Resolving Civil Disputes

100% Ongoing Clinic Performance

KLC is a community legal centre that is a part of UNSW Law and housed within the UNSW Faculty of Law and Justice Building. KLC provides free legal advice to members of the local community across a variety of matters, taking on cases in areas such as credit and debt, criminal law, domestic violence, motor vehicle accidents, tenancy and victim’s compensation. Students enrolled in LAWS3305/JURD7305 will specifically focus on employment law matters in their internship.

Students who successfully enrol in this internship will attend the KLC from 9am - 5pm and be given the responsibility of running legal files under the supervision of a staff solicitor. The internship will provide students with the opportunity to be involved in a range of tasks, including drafting affidavits, correspondence, court documents, letters of advice and statutory declarations; interviewing clients; and undertaking legal research.

A daily tutorial and a weekly class provide an opportunity for discussion and analysis of students’ experiences, and for instruction in legal procedure and skills. The attendance required at the KLC for each course is listed below:

• LAWS3303/JURD7303: Kingsford Legal Centre Community Law Clinic (Intensive): 2 days/week commitment

• LAWS3304/JURD7304: Kingsford Legal Centre Community Law Clinic (Non-Intensive): 1 day/ week commitment

• LAWS3305/JURD7305: Kingsford Legal Centre Employment Law Clinic (Intensive): 2 days/ week commitment

For further information, visit https://www.klc.unsw.edu.au/study/courses

LAWS3302/JURD7502

Land and Environment Clinic

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1160/JURD7160 Administrative Law and LAWS2385/JURD7285

Equity and Trusts

Students will gain practical experience of the law in action, critically analysing the effect of the law and legal policy on the environment in a court setting. Students will gain experience through engaging with a range of activities in court, including attendance at an on-site hearing and at a Registrar’s callover list; accompanying a commissioner to a conciliation conference on-site; and sitting in court to observe a judge hearing either a Class 4 (civil enforcement) or Class 5 (criminal matter). There may also be opportunities for students to be involved in research and policy work.

Students will spend one day (9am-5pm) at the Land and Environment Court each week for 10 weeks. There will be a compulsory induction program at both the Court and at UNSW, as well as interactive seminars throughout the course.

LAWS3319/JURD7819

Police Powers Clinic

Assessments

100% Ongoing Clinic Performance

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1022/JURD7122 Criminal Laws

The Police Powers Clinic is located within Redfern Legal Centre, an independent, non-profit community centre which provides a state-wide legal advice service on police powers. Students will assist solicitors with various tasks, including advising clients in making complaints against the police, and undertake work on policy, research and community legal education under the supervision of the Police Powers Clinic convenor. The Clinic provides the invaluable opportunity for students to gain practical experience of law and policing in action, including understanding the effect of police practices on disadvantaged clients in a community legal centre setting, whilst developing skills in advocacy, research, writing, problem-solving, independent judgement and teamwork.

Students will spend one day (9am-5pm) at the Police Powers Clinic each week of the trimester, excluding Flexibility Week. There will be a compulsory half-day induction program at Redfern Legal Centre, as well as a weekly two-hour seminar.

LAWS3555/JURD7555

UNSW Law Internship

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, including LAWS1160/JURD7160 Administrative Law and LAWS2385/JURD7285

Equity and Trusts

25% Reflection

Each successful applicant is allocated as an intern to a host organisation, working under the supervision of a supervisor within the host organisation. Students are required to attend their host organisation for a minimum of 70 hours (10 days).

Interns will engage in a broad range of tasks, including advocacy, administrative duties, editing, research and liaising with other organisations. The internship is complemented by academic coursework with a key emphasis on reflective practice. Throughout the course, opportunities for reflective practice are designed to promote discussion and reflection on a range of issues which may arise during the course of the internship, including ethical, legal and professional issues, whilst addressing the application of skills such as legal writing, legal research, advocacy and interviewing.

UNSW Law and Justice Internship partners include:

• Amnesty International

• AustLii

• Australian Human Rights Institute

• Australian Pro Bono Centre

• Diplomacy Training Program

• Gilbert + Tobin Centre of Public Law

• Grata Fund

• Justice Action

• Refugee Advice & Casework Service (RACS)

• Shopfront Youth Legal Centre

• Youth Law Centre

The UNSW Law Internship also allows students to self-organise internships.

LAWS3777/JURD7777

UNSW Law Internship: Extended

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses, and enrolment in LAWS3555/JURD7555 concurrently or consecutively

10% Course Participation

20% Project Brief

30% Project Report

20% Reflection

20% Placement Organisation Evaluation

The LAWS3777/JURD7777 course will build upon the LAWS3555/JURD7555 internship by introducing an in-depth applied research component. Students will accordingly have the opportunity to further develop professional workplace skills alongside engaging in deeper self-reflection of the experience as a stepping stone into a graduate career. By the end of course, students will have developed skills in conducting legal research and advocacy, written communication skills, and analytical engagement with subject matter.

Students must intern with the same organisation in both terms and for each elective. Enrolment for the extended internship, including the proposed research project, will require approval by the Director of Experiential Learning, Siobhan Ryan (s.ryan@unsw.edu.au)

LAWS3064/JURD7564; LAWS3065/JURD7565; LAWS3441/JURD7441

UNSW Law Journal

Prerequisites

Completion of 36 UOC in Laws or JD courses

• LAWS3064/JURD7564: UNSW Law Journal (Executive Editor)

• LAWS3065/JURD7565: UNSW Law Journal Editor

• LAWS3441/JURD7441: UNSW Law Journal (Issue Editor)

Assessments

100% Satisfactory Completion of the Editorship

Students can gain experience as Executive Editor, Production Editor or Issue Editor of the UNSW Law Journal. Please note these courses are elected positions. Students first must be selected to join the Editorial Board of the UNSW Law Journal in one of its biannual recruitment periods before running for any of these positions. To find out more about becoming a member of the Editorial Board, please visit the UNSW Law Journal website: https://www.unswlawjournal.unsw.edu.au/.

LAWS3183/JURD7383

Australian Journal of Human Rights

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Assessments 100% Satisfactory Completion of the Editorship

The Australian Journal of Human Rights (AJHR) is the only journal of its kind in Australia, being devoted exclusively to human rights development in Australia, the Asia-Pacific region and internationally. The AJHR aims to raise awareness of human rights issues in Australia and the AsiaPacific region by providing a forum for scholarship and discussion. Topics addressed in the Journal include children’s rights, disability standards, homelessness, immigration and racial vilification.

Students become Student Editors of the Journal for the relevant term, taking on the responsibility of managing all the operations of the Journal under close supervision of the Managing Editors. Duties include liaising with academics, organisations and members of the legal profession; undertaking research; and editing and proofing articles, interviews and book reviews. As Managing Student Editor, students may take on additional responsibilities such as ensuring articles comply with the style guide and briefing the Managing Editors on the status of the Journal.

LAWS3086/JURD7486

International Law Competitive Moot

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Assessments

The specifics of assessment change each term the course is offered.

This course is open to students who have been selected by the Faculty of Law and Justice to represent UNSW in one of the following International Mooting competitions (list current as of 2023 for 2024 competitions):

LAWS3086/JURD7486: International Law Competitive Moot

• Jessup International Law Moot (Washington DC, United States)

• Vis International Commercial Arbitration Competition (Vienna, Austria)

• Pictet International Humanitarian Law Competition (Oxford, United Kingdom)

• Oxford International Intellectual Property Law Moot Competition (Location TBC)

Each of these competitions is a prestigious international competition, with students having the possibility of representing Australia in final competition rounds overseas. Selection to represent UNSW requires a competitive application process consisting of a written application with supporting documents and an interview with a panel from the Faculty of Law and Justice. The Faculty determines who will represent UNSW at each competition based on a combination of academic merit, research and analytical skills, demonstrated ability in public speaking and/or relevant experience in mooting. The application process usually opens in the middle of the year prior to the competition (e.g. for 2025 competitions, applications will open around June 2024).

Students learn by experiential learning and are not required to attend courses. However, students interested in representing UNSW at an international competition should be aware that it requires a significant commitment from beginning to end, including over the summer months and during the trimesters which their moot is running. The International Law Moot will require students to engage in extensive analysis of fact scenarios, research and preparation of written submissions, followed by participation in oral rounds.

LAWS3510/JURD761

International Commercial Mediation Competition

Prerequisites

Completion of 78 UOC in Laws or 72 UOC in JD courses

Assessments

20% Mediation Plans

30% Preparation and Training Sessions

30% Written Materials for Competition

20% Performance at Competition

This course is open to students who have been selected by the Faculty of Law and Justice to represent UNSW in one of the following International Mediation competitions (list current as of 2023 for 2024 competitions):

LAWS3510/JURD7610: International Commercial Mediation Competition

• International Chamber of Commerce Mediation Competition (Paris, France)

• IBA-VIAC Consensual Dispute Resolution Competition (CDRC) (Vienna, Austria)

These two offerings are both prestigious international competitions, with students having the possibility of representing Australia in final competition rounds overseas. Selection to represent UNSW requires a competitive application process consisting of a written application with supporting documents and an interview with a panel from the Faculty of Law and Justice. The Faculty determines who will represent UNSW at each competition based on a combination of academic merit, research and analytical skills, demonstrated ability in public speaking and/or relevant experience in mediation. The application process usually opens in the middle of the year prior to the competition (e.g. for 2025 competitions, applications will open around June 2024).

Students learn by experiential learning and are not required to attend courses. However, students interested in representing UNSW at an international competition should be aware that it requires a significant commitment from beginning to end, including over the summer months and during the trimesters in the lead up to the mediation. Students selected for an International Commercial Mediation Competition will engage in an intensive training program designed to build skills in the preparation for, conduct of and review of an effective mediation.

POSTGRADUATE ELECTIVES AND COURSES

PG Electives open to UG Students

UNSW Law allows Undergraduate students to enrol in a select list of Postgraduate electives each trimester. This provides Undergraduate students to enrol in and complete specialised Postgraduate electives which would otherwise be unavailable to them.

Applicable Rules:

• There is a maximum of 5 places in the select list of approved Postgraduate electives available to Undergraduate students.

• Students must have completed the majority of core law courses (minimum 78 UOC of core courses).

• Students must have a credit average (65 WAM) or higher in either Dual Law UG or JD program.

• Students must have no recorded ‘fail’ grade within the last year of study prior to applying.

• Students must meet any additional prerequisites and corequisites listed for the course they want to apply for, including obtaining the lecturer’s permission in some cases.

• A student’s total number of PG electives must not exceed half of their law elective requirements for their program (i.e. in any Dual Law Degree, the maximum of PG electives students can take is three or 18 UOC).

Enrolment:

UG students

• Enrolment in a PG elective for UG students is by Faculty Consent only.

• Students are required to complete a ‘Course Substitution Webform’ via The Nucleus to apply to enrol in a PG elective. Students are unable to enrol themselves via myUNSW.

• Student Services will endeavour to advise students prior to the commencement of the relevant trimester if they have been successful with their application to take the PG course.

JD students

• Students can directly enrol in the equivalent JD code for the postgraduate elective.

Disclaimers:

• The Faculty of Law and Justice reserves the right to cancel any PG courses at any time due to low enrolment.

• UG students can only apply to enrol in Postgraduate courses listed as accepting UG students. For advisory purposes, the 2023 offerings are listed on the following page.

2023 PG Courses Accepting UG Students

Term 1 2023

• LAWS8017/JURD7617: Intellectual Property Law

• LAWS8020/JURD7420: International Commercial Dispute Resolution

• LAWS8037/JURD7437: Surveillance, Security and Democracy

• LAWS8087/JURD7487: International Law and the Use of Force

• LAWS8092/JURD7992: Securities and Financial Markets Regulation

• LAWS8765: Complex Commercial Litigation

Term 2 2023

• LAWS8038/JURD7438: Chinese Corporate and Securities Law

• LAWS8040/JURD7440: Online Content Regulation

• LAWS8070/JURD7470: Renewable Energy Law: Structuring and Financing Renewable Energy Projects

• LAWS8078/JURD7478: Mediation in Practice

• LAWS8095/JURD7695: Corporate Insolvency

• LAWS8123/JURD7813: Indigenous Children and the Law

• LAWS8391/JURD7691: International Law of Equality and Discrimination

• LAWS8980/JURD7480: Principled (Interest Based) Negotiation

• LAWS8993/JURD7593: International Business Transactions

Term 3 2023

• LAWS8016/JURD7616: International and Comparative Intellectual Property

• LAWS8026/JURD7526: Banking and Finance Law

• LAWS8058/JURD7558: Managing Workplace Change and Conflict

• LAWS8075/JURD7475: Gender, Race and Justice

• LAWS8104/JURD7404: International Children’s Rights Law

• LAWS8174/JURD7774: Financial Law and Regulation in the Age of Fintech

• LAWS8185/JURD7685: Law, Urban Sustainability and the New Economy

• LAWS8212/JURD7812: Native Title Law, Policy and Practice

• LAWS8219/JURD7419: Competition Law and Policy

• LAWS8989/JURD7689: World Trade Law: Contemporary Issues and Concerns

Further information for each of these PG courses can be found in the UNSW Handbook.