Electives Guide 2022

Electives Guide

editors Georgia Neaverson Education (Publications) Director

Alyssya Warty-Hasan Education (Publications) Director

Peter Markopoulos Education (Internal Engagement) Director

contributors

Credits

Dr Eugene Schofield-Georgeson Dr Anthea Vogl Professor Beth Goldblatt Professor Isabella Alexander Professor Penny Crofts Miranda Kaye Associate Professor Laurie Berg Dr Genevieve Wilkinson Vincent Collins Georgia Holmes Aamna Butt Lachlan Barker Simon Kendrick

designed by Tahlia Kho @tahlia_studio

special thanks Anthony Ayoub UTS LSS Vice-President (Education)

Erika Serrano UTS LSS President

The UTS LSS Electives Guide is published in Sydney annually by the UTS Law Students’ Society.

61 Broadway, Ultimo NSW 2007 UTS Central, Level 14, Room 104 Ph: (02) 9514 3448 Fax: (02) 9514 3427 www.utslss.com

Acknowledgement of People & Country The UTS LSS acknowledges the Gadigal People of the Eora Nation, the Boorooberongal people of the Dharug Nation, the Bidiagal people and the Gamaygal people upon whose ancestral lands our university stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands.

Where unspecified, all photos and images have been contributed by the UTS Law Students’ Society. © 2022 UTS Law Students’ Society This publication is copyright. Except where permitted under the Copyright Act, no part of this publication may form or by any means (electronic or otherwise) be reproduced, stored in a retrieval system or transmitted by any process without the specific written consent of the UTS Law Students’ Society. Enquiries are to be addressed to the publishers.

Disclaimer All expressions of opinion published in the UTS LSS Electives Guide are not the official opinion of the UTS Law Students’ Society or the UTS Faculty of Law unless expressly stated. The UTS Law Students’ Society accepts no responsibility for the accuracy of any opinions or information contained herein and readers should rely on their own enquiries to make decisions in their own interest. Please note that this information is not intended to replace advice presented by the UTS Faculty of Law. For the most up to date information, please refer to the Subject Outline or UTS Law Handbook.

Information contained herein is current as at 1 July 2022.

Contents introduction

Welcome Address.........................................................................4 Elective Overview........................................................................5

electives

Public Law....................................................................................7 Private Law.................................................................................10 Legal Theory, Systems and History.............................................14 Legal Practice and Dispute Resolution.......................................18 Intellectual Property, Media and Technology............................20 International Law, Human Rights and The Environment............23 Health, Families and Children.....................................................27 Electives Beyond the Classroom................................................30

3

Welcome Address President’s Welcome

Vice-President’s Welcome

Welcome to our inaugural UTS LSS Electives Guide!

Welcome to the inaugural UTS LSS Electives Guide!

UTS Law is a fantastic faculty that offers a diverse range of subjects to enable future-driven, practicalthinking students. In offering this variety, UTS students are better equipped to take on a multitude of legal careers in any area, ranging from the legal technology space to the social justice space.

This publication aims to bolster students’ understanding of the vast range of Elective subjects offered at UTS Law - filling a gap that the UTS LSS faced.

Erika Serrano

As a penultimate student, I can appreciate that factors including workload, assessment type and mode of delivery are critical when informing which subjects I choose to undertake. I hope that this Guide which offers a breakdown of each of these factors in addition to student feedback, will enable you to make an informed decision when picking what subjects you will choose to study to develop your legal knowledge.

I would like to extend a special thank you to our amazing Education Portfolio for all of their hard work on this brand new Guide, including our VicePresident (Education), Anthony Ayoub, our Education (Publications) Directors, Alyssya Warty-Hasan and Georgia Neaverson, and our Education (Internal) Director, Peter Markopoulos.

I would also like to thank our Faculty and student contributors for all of their valuable insights and our wonderful Education (Publications) Subcommittee for their fantastic dedication and teamwork in pulling this together.

Anthony Ayoub

The Guide will feature a brief overview of each subject’s objective, what Session it is offered, and encompass student and staff testimonials. This is particularly important as it renders diverse insights into a one-stop shop for what can be a thoughtprovoking decision.

I want to extend an enormous thank you to our Education (Publications) Directors, Georgia Neaverson and Alyssya Warty-Hasan, and to our Education (Internal) Director, Peter Markopoulos.

Each Director’s contribution and assistance has been flawless and unparalleled, spending countless hours in bringing what was originally an incomplete idea to fruition.

Special thanks also goes to our incredible Education (Publications) Subcommittee for their collaborative and supportive efforts. Further, to the UTS LSS President, Erika Serrano, for her ever-present counsel.

Finally, to our contributors who make this fantastic publication possible. The assistance of academic staff and students (listed on the Credit Page) allows the UTS LSS to showcase their fascinating and insightful perspectives as students transition throughout their degrees.

I hope you find great benefit from reading this publication. What are you waiting for? Sit back, relax and enjoy your reading!

4

Electives Overview Subject

Spring 2022

Summer 2022/2023

Autumn 2023

Spring 2023

Summer 2023

Public Law Advanced Criminal Law

✓

Advanced Revenue Law

✓

✓ ✓

Citizenship and Immigration Law Criminal Sentencing Law

✓

✓ ✓

Criminology

✓

✓

Law of Slavery and Human Trafficking Regulating Technologies

✓ ✓

Revenue Law Private Law Advanced Commercial Transactions

✓

Advanced Contracts

✓

✓ ✓

Banking Law Building and Construction Law

✓

✓ ✓

Competition Law Deceptive Trades Practices

✓

✓

Insolvency

✓

✓

Insurance Law

✓

Labour Law

✓

Personal injury

✓ ✓

Sports Law

✓

✓

✓

Succession Legal Theory, Systems and History

✓

Asian Law and legal Systems Gender and the Law

✓

✓ ✓

History and Theory of International Law

✓

Indigenous Peoples and the Law

✓

✓

Introduction to Chinese Business Law

✓

✓ ✓

Islamic Law ✓

Judgement and the Rule of Law Jurisprudence

✓

Legal Reasoning

✓

✓

✓

✓

✓

✓

Wickedness and Vice Legal Practice and Dispute Resolution Dispute Resolution Advocacy

✓

✓

Refugee Law and Practice

✓

✓ ✓

Disruptive Technologies and the Law ✓

Strategic Litigation Clinic

✓

Intellectual Property, Media and Technology ✓

Broadcasting & Telecommunications Regulation IP Commercialisation

✓

IP Copyright and Design

✓

✓ ✓

IP Trademarks Privacy and Surveillance Law

✓

✓

5

Electives Overview Subject

Spring 2022

Summer 2022/2023

Autumn 2023

Spring 2023

Summer 2023

International Law, Human Rights and The Environment Australian Private International Law ✓

Climate Law and Carbon Markets

✓ ✓

Environmental Law Environmental Planning & Development Law

✓

✓

International Commercial Transactions

✓

✓

International Environmental Law ✓

International Human Rights Law ✓

International Humanitarian Law International Organisations

✓

✓

✓ ✓

World Trade Law Health, Families and Children Biomedical law and Bioethics ✓

Children and the Law

✓

Disability & the Law ✓

Elder Law ✓

Family Law

✓

✓

Law and Mental Health Medicine and the Law

✓

✓

✓

Electives beyond the Classroom Moot

✓

Exchange Subject

✓

✓

✓

✓

✓

Local Internship

✓

✓

✓

International Legal Internship

✓

✓

International and Comparative Study in Law

✓

Jessup International Moot

✓

✓

✓

✓

✓

✓

✓ ✓

Oxford International Intellectual Property Moot

✓

Price International Media Moot

✓

Disclaimer:

6

✓

Please note that these subject offerings are subject to change or cancellation without prior notice. Timetabling decisions are made at the discretion of the UTS Faculty of Law.

Public Law Advanced Criminal Law — 76037 Offered: Spring 2022, Autumn 2023, Spring 2023

Assessment: A1 - Class Participation (10%) A2 - Research Essay (30%) A3 - Final Exam (60%)

Brief Overview: Advanced Criminal Law is the perfect subject for those who are contemplating entering professional practice in criminal law. If you enjoyed Criminal Law and Procedure, you are in for a treat. This subject considers content learned in Criminal Law and Procedure in further detail.

Advanced Criminal Law explores the major forms of crime that are affecting society today. Students will evaluate society’s response to these crimes, and consider current law and order politics. Students will also develop the ability to critically analyse and evaluate the criminal law and legal system.

Please note: 70218 Criminal Law OR 70114 Criminal Law and Procedure are prerequisites for this subject.

Advanced Revenue Law — 76016 Offered: Spring 2022, Spring 2023

Assessment: A1 - Presentation and Tutorial Presentation (25%) A2 - Written Advice (30%) A3 - 2 hour formal examination (45%)

Brief Overview: Advanced Revenue Law offers students an opportunity to build on pre-requisite subjects (7612) Revenue Law, (79017) Taxation Law and (70517) Equity and Trusts, as well as enhance their understanding of the Australian taxation system.

Practical knowledge is at the heart of this subject, with a focus on the complexities at the intersection between the commercial world and taxation in case law. Students apply a tactile approach while navigating issues such as competing taxation consequences, the income tax implications of trusts, and corporate entities and advanced capital gains tax topics.

This subject is ideal for students looking to become accountants, tax professionals or solicitors, or for those who simply want to extend their knowledge. This subject’s hands-on relevance is invaluable.

Please note: 76212 Revenue Law OR 79017 Taxation Law AND 70517c Equity and Trusts are prerequisites for this subject.

Citizenship and Immigration Law — 76048 Offered: Spring 2022, Autumn 2023, Spring 2023 Assessment: A1 - Short Critical Analysis Assignment (30%) A2 - Research Essay (60%) A3 - Seminar Participation (10%) Staff Contribution: Professor Laurie Berg Contests over migration and citizenship are constantly in the headlines: everything from the merits of a Big Australia, to detention of asylum seekers and exploitation of backpackers picking fruit on farms across the country. In this subject, we take on the major debates in immigration law and policy. We examine the legal and constitutional frameworks underpinning admission to and residence in Australia, as well as acquisition of citizenship. Our analysis of laws and policy provides a critical foundation for future professional work in migration law, and we hear from a range of guest speakers with different professional engagements in this field. But whatever their future plans, students hopefully come away with a sophisticated understanding of the boundaries of political membership in Australia and of key human rights issues that go to the core of our national identity.

Brief Overview: Citizenship and Immigration Law is the perfect subject for students wishing to research, analyse and explore a variety of perspectives regarding immigration law. Citizenship and the status of asylum seekers has long been controversial in Australia’s legal and political system. Students will explore citizenship rules and regulations, grounds for removal, and the court’s role in upholding the law. The core issues examined include the boundaries of political membership and asylum, just treatment of non-citizens, and population policies.

Students will undertake two analytical assignments and are also graded on their seminar participation. This subject has no required texts as all readings will be provided - an added bonus!

Please note: 70617 Administrative Law is a prerequisite for this subject.

7

Public Law (cont.)

Criminal Sentencing Law — 78030 Offered: Spring 2022, Spring 2023

Assessment: A1 - Written and Oral Submissions (50%) A2 - Leading class discussions (20%) A3 - Legal Research Brief (30%)

Criminology — 76012 Offered: Summer 2022/2023, Autumn 2023

Assessment: A1 - Class Participation (20%) A2 - Focused Literature Review (20%) A3 - Research Essay (60%)

Brief Overview: If you enjoyed Criminal Law and Procedure, then this subject may be for you.

Students in Criminal Sentencing Law will learn the purpose of sentencing and factors that the court may consider when exerting its discretion.

Students will also learn how sentencing in the Local, District and Supreme courts work. Students will develop an appreciation for the purposes of sentencing and the appropriateness of various sentencing subjects.

Please note: 70218 Criminal Law OR 70114 Criminal Law and Procedure are prerequisites for this subject.

Brief Overview: Want to dive deeper into the philosophy, politics, psychology and sociology behind crime?

If you are passionate about criminal law and are craving an in-depth exploration into the complex theoretical concepts underpinning the structure and causes of crime, then this multidisciplinary field known as Criminology is right for you.

In this subject, students will also examine crime prevention and the impact of criminalisation on individuals and communities. Students will engage with the work of various theorists and study the impact of ethnicity, race, gender and sexuality on the criminal justice system and the occurrence of crime.

The multidisciplinary nature of criminology means students utilise a wide range of research methodologies, ranging from field trips, debates and contemporary analysis. This research component of the subject is further cemented when students undertake their own research project, applying the theories learned to their own issue of choice.

Please note: 70114 Criminal Law and Procedure is a prerequisite for this subject.

Law of Slavery and Human Trafficking — 76304

Assessment: A1 - Proposal Abstract (10%) A2 - Research Outcome (55%) A3 - Reaction Paper (35%)

Brief Overview: Law of Slavery and Human Trafficking is the perfect elective for students with a keen interest in international and human rights law.

Teaching eye-opening and powerful content to students, the subject covers forced labour, forced marriage, migrant worker exploitation and slavery and refugee law. Following on from broader requisites 70616 Australian Constitutional Law or 76110c Introduction to Public International Law, this subject offers an exploration of a niche but deeply important area of law.

Although predominantly dealing with international law, a practical application of the law of slavery and human trafficking in the Australian domestic context is also explored. Offering an insightful fusion of theory and practice, this subject will develop students’ legal responses to even the worst of crimes.

Please note: 70616 Australian Constitutional Law OR (76110c Introduction to Public International Law AND 70110 Introduction to Law) are prerequisites for this subject.

8

Regulating Technologies — 76113 Offered: Spring 2022

Assessment: A1 - Class Participation (10%) A2 - Research Essay (30%) A3 - Final Exam (60%)

Brief Overview: This subject is perfect for students who wish to gain the skills and knowledge needed to navigate the evolving world of rapidly changing technologies. This elective aims to introduce students to the fundamentals of technology regulation, including rationales for marketing intervention, theories of why it emerges, its processes, and the regulatory public and private authorities in this area. Regulating Technologies is usually a subject of interest for students enrolled in the Legal Futures and Technology major and/or those who are interested in public law and want to work in a regulating body after graduation. Although this subject may sound very content specific, there is no necessary prior knowledge of technology or regulation.

Please note: 70102 Foundations of Law is a prerequisite for this subject.

Revenue Law — 76212 Offered: Autumn 2023

Assessment: A1 - Class Participation (20%) A2 - Written Advice (30%) A3 - Final Exam: Legal Problem Solving (50%)

Brief Overview: Revenue Law is a great subject for students interested in the complexity of the Australian taxation system. Students will focus on learning about the taxation of companies and partnerships, CGT, FBT, goods and services, and tax and deductions. In this subject, you will develop practical knowledge of revenue law and enhance your critical analysis skills.

After completing this subject, students will be able to apply their understanding of the taxation system to review contemporary revenue issues.

Please note: 70417 Corporate Law AND 70617 Administrative Law OR 70327 Introduction to Property and Commercial Law are prerequisites for this subject.

Faculty experts who teach or research in Public Law: Brian Opeskin, Christine Giles, Ellen Rock, Elyse Methven, Gabrielle Simm, Jennifer Burn, Karen O’Connell, Karen Lee, Laurie Berg, Natalie Stoianoff, Nola Ries, Robin Bowley, Tracey Booth, Thalia Anthony, Harry Hobbs, Isabel Karpin.

9

Private Law Advanced Commercial Transactions — 76086 Offered: Spring 2022

Assessment: A1 - Class Participation (20%) A2 - Choice of Moot or Short Essay (30%) A3 - Take Home Final Exam (50%)

Brief Overview: Advanced Commercial Transactions is an ideal elective for students keen to pursue a career in commercial, corporate, or banking and finance law, as well as for those wishing to set up or expand a business. The subject provides students with an understanding of the legal issues involved in common business structures. Students apply advanced principles of commercial legal structure to common commercial transactions, such as licensing, distribution, franchising and agency relationships.

As part of their assessments, students may choose to compete in a moot, encouraging collaboration with peers, undertaking research, and forming arguments. This assessment will provide students with an opportunity to develop the style and quality of legal argument expected of lawyers.

Please note: 70327 Introduction to Property and Commercial Law AND 70417 Corporate Law AND 70517 Equity and Trusts are prerequisites for this subject.

Advanced Contracts — 76047

Brief Overview: This is one of the most practical subjects, and applicable to students’ professional legal careers. Contractual disputes, understanding clauses and identifying potential remedies are at the heart of almost all legal cases.

Offered: Spring 2022, Spring 2023 Advanced Contracts builds upon foundational concepts of contracts and equitable remedies. This subject helps students determine if contractual breaches have occurred and its potential remedies by critically examining contracts and witness statements in tutorials.

Assessment: A1 - Contract Portfolio (40%) A2 - Written Problem Question (40%) A3 - Class Participation and Contribution (20%)

Banking Law — 77715 Offered: Autumn 2023

Assessment: A1 - Class Participation (20%) A2 - Essay (30%) A3 - Take Home Problem Paper (50%)

Interactive tutorials enable students to gain hands-on learning experience.

Each tutorial commences with a presentation of facts relating to a claimed contractual breach, and students will consider the legal issues accordingly.

Please note: 70211 Contracts AND 70517 Equity and Trusts AND 70327 Introduction to Property and Commercial Law are prerequisites for this subject.

Brief Overview: Students interested in working in the finance industry will find Banking Law as the perfect elective. The subject provides students with a comprehensive overview of the law relating to banking. This includes the regulations and framework under which national banks operate, the nature of the relationship between banker and consumer, and the characteristics of consumer banking, electronic banking and corporate banking.

Completing this subject will enable students to develop the ability to critically analyse issues relevant to the banking industry. This allows students to contribute to ongoing conversations about current affairs and developments, and their impacts on external stakeholders.

Please note: 70327c Introduction to Property and Commercial Law is a prerequisite for this subject.

10

Building and Construction Law — 76043

Brief Overview: If you enjoyed Contract Law and have a special interest in the construction and building industry, then this subject may be the perfect fit for you.

Offered: Spring 2022, Spring 2023 This subject introduces students to the legal and commercial relationships behind major infrastructure projects, exploring how parties can mitigate risks through effective contract drafting and risk distribution.

Assessment: A1 - Class Participation (20%) A2 - Case Study Questions (40%) A3 - Final Exam (40%)

Students will be exposed to all the legal requirements informing the project lifecycle, such as managing liability, identifying time constraints and payment requirements, as well as incorporating safety legislation and intellectual property considerations.

Please note this subject is conducted online through Zoom tutorials — a bonus for students looking to easily balance work and study commitments!

Please note: 70517 Equity and Trusts is a prerequisite for this subject.

Competition Law — 76027 Offered: Autumn 2023

Assessment: A1 - Class Engagement (30%) A2 - Case Note or Article Evaluation (30%) A3 - Essay (40%)

Brief Overview: Competition Law provides students with an understanding of the economic functions of markets, market power, and the enforcement of competition law in Australia. The subject focuses on the roles of the Australian Competition and Consumer Commission, the Australian Competition Tribunal, and the Courts in providing remedies for private litigants.

In this subject, students will consider topical issues on competition laws and policies through the lens of the Competition and Consumer Act and international treaties. Students will also examine examples of anti-competitive statutory conduct, such as misuse of market power, exclusionary conduct, exclusive dealing and resale price maintenance.

Please note: 70327 Introduction to Property and Commercial Law is a prerequisite for this subject.

Deceptive Trade Practices and Product Liability — 76027 Offered: Spring 2022, Spring 2023

Assessment: A1 - Case Note (10%) A2 - Seminar Paper and Presentation (40%) A3 - Class Participation (10%) A4 - Major Essay (40%)

Brief Overview: Deceptive Trade Practices and Product Liability takes an in-depth look at misleading and deceptive conduct under Section 18 of the Australian Consumer Law. The subject aims to develop your critical analysis skills in relation to trade practices and product liability cases.

Students will enhance their understanding of where and how this statutory action applies, and how loss or damage is assessed. This is an optimal subject for students seeking to strengthen the scope of their knowledge in Contract Law and take a deeper look at Australian Consumer Law. Please note: 70211 Contracts and 70311 Torts are prerequisites for this subject.

11

Private Law (cont.)

Insolvency — 76116 Offered: Spring 2022, Spring 2023

Assessment: A1 - Fortnightly Multiple Choice Quiz (20%) A2 - Research Essay (30%) A3 - Final Exam (50%)

Brief Overview: Have a keen interest in the laws governing bankruptcy, liquidation, and receivership? Then this niche subject is just for you!

Insolvency provides students with an introduction into the way in which insolvent individuals and corporations are regulated under Australian law. All aspects of individual and corporate insolvency are studied, however this subject has a strong focus on the powers of insolvency administrators, voluntary administration, liquidation and the rights of creditors. Students have an opportunity to further their knowledge of specific legal procedures involved in insolvency, as well as the impact of insolvency on employees, unsecured creditors, and individual and corporate debtors.

Please note: 70417 Corporate Law OR 70327 Introduction to Property and Commercial Law is a prerequisite to this subject.

Insurance Law — 76022 Offered: Autumn 2023

Assessment: A1 - Case Analysis Note (20%) A2 - Legal Advice Assignment (30%) A3 - Research Essay (40%) A4 - Class Participation (10%)

Brief Overview: Much of the economy’s stability revolves around insurance. Students in this subject will learn about this vital mechanism against the risk of financial loss. This subject delves into the regulation of insurance in Australia across a wide variety of areas, including property, superannuation, life and income protection, and workers’ compensation. Students will also experience interactive classes with guest presentations by legal and insurance industry practitioners.

This is the perfect subject for those looking to learn about Australia’s framework of insurance law or wanting to pursue a career in claims management, insurance broking and underwriting.

Please note: 70211 Contracts and 70311 Torts are prerequisites for this subject.

Labour Law — 76015 Offered: Autumn 2023 Assessment: A1 - Research Essay (40%) A2 - Client Advice and Submission to Governmental Inquiry (50%) A3 - Seminar Participation (10%) Staff Contribution: Dr Eugene Schofield-Georgeson Labour law regulates the relationship between labour and capital, or rather, workers and employers. In this respect, the law of work spans a range of practical, theoretical and historical issues that frame some of the most important aspects of our lives - our subsistence and flourishing, our political communities and sense of self.

Technically, there is no formal branch of law known as ‘labour’ or ‘employment’ law and it ranges across public, statutory regulation and the private common law of tort and contract. A solid grounding in labour and employment law is not only excellent preparation for a career in the law (public, private and commercial practice), it is vital to understanding your own conditions of employment, rights at work or the business that you run.

12

Brief Overview: Labour Law enables students to navigate paid work relationships – an integral component of professional life. This subject provides students with an opportunity to further their knowledge of employer and employee entitlements, liabilities and obligations under Australian legislation and case law. Given the system-wide changes made to the legislative framework surrounding labour law in past decades, much of the subject centres around reforms made to Commonwealth legislation.

Students will put their knowledge to the test by making written and oral proposals to reform labour law in an assessment that mirrors professional tasks.

Please note: 70211 Contracts AND 70311 Torts are prerequisites for this subject.

Personal Injury Law In Practice — 76116

Brief Overview: Did you love studying Torts? Are you craving another exploration into the world of civil liability and compensation? If so, Personal Injury Law is the elective for you!

Offered: Spring 2022

Assessment: A1 - Class Participation (20%) A2 - Legal Advice Assignment (30%) A3 - Research Essay (50%)

Sports Law — 76002 Offered: Summer 2022/23, Autumn 2023, Summer 2023

Assessment: A1 - Class Presentation and Participation (40%) A2 - Group Debate (20%) A3 - Sports Tribunal Submissions (40%)

By examining civil liability legislation, students will explore areas of public liability, medical negligence and product liability. Students will look at the relevant statutory compensation frameworks relating to workers, military veterans, motor vehicle accidents and dust diseases.

Interactive tutorials and guest presentations from practising lawyers will help students develop the practical skills required to research and apply the law to a client’s case.

Personal Injury Law is increasingly relevant and commonly applied within Australia, definitely a subject to take if you’re considering a career in civil liability.

Brief Overview: Every year the sports industry generates billions of dollars in Australia.

Strong public interest and high financial stakes often leads to sport disputes progressing to litigation. Sports law draws together various areas of legal practice, including intellectual property law, tort law, and criminal law. Using a range of resources such as media commentary and video presentations, students will analyse issues including doping, corruption and gambling, and athlete and club liability for off-field misconduct.

Students also have the opportunity to attend guest presentations by current practitioners. These consider issues including the way sports law deals with emerging legal problems and how to understand and accommodate the perspectives of key stakeholders in sporting organisations.

Please note: 70211 Contracts AND 70311 Torts are prerequisites for this subject.

Succession — 76517 Offered: Autumn 2023

Assessment: A1 - Seminar Preparation, Participation and Presentations (25%) A2 - Succession Research Synthesis (35%) A3 - Will Drafting and Advice (40%)

Brief Overview: Ever wonder what happens to someone’s assets once they die? Or their debt? Or how one can prepare for the smooth transition of ownership over their property?

Succession Law can answer all these questions for you. Prepare to dive into the world of estate planning, will disputes and complex family arrangements. The subject takes a theoretical and practical approach to New South Wales’ succession laws, equipping students with the essential skills required to discern whether a will is valid and how to draft a valid will following your client’s instructions.

The subject also explores the evolving definition of family in contemporary contexts and how complex family arrangements can potentially give rise to issues concerning finalised wills.

Please note: 70517 Equity and Trusts is a prerequisite for this subject.

Faculty experts who teach or research in Private Law: Anita Stuhmcke, Allison Silink, Brett Heino, Catherine Robinson, Chris Croese, Colin Hawes, David Leary, David Lindsay, Des Finegan, Eugene Schofield-Georgeson, Evana Wright, George Tian, Isabella Alexander, Joellen Riley Munton, Mark Wellard, Maria Abertos, Michael Rawling, Renata Grossi, Robin Bowley, Rowena Cantley-Smith, Shaunnagh Dorsett, Michael Thomson.

13

Legal Theory, Systems and History Asian Law & Legal Systems — 76003 Offered: Autumn 2023

Assessment: A1 - Class Participation (30%) A2 - Written Assignment and Review (40%) A3 - Reflective Journal

Brief Overview: Asian Law and Legal Systems is the perfect subject for students who are planning on diversifying their legal knowledge beyond Australia. The purpose of the subject is to introduce students to the operation and reception of legal systems in several countries in Asia. The subject focuses on legal systems of China, Japan, Malaysia, Indonesia and Singapore and the impact of religious and cultural values on these legal systems. Students will also learn about the impact of the introduction of western legal systems on the selected countries.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Gender and Law — 76081

Brief Overview: The law is not a neutral body of rules and concepts. We often find that the law marginalises groups and reinforces discrimination. Gender discrimination is embedded in law in subtle ways but not invisible enough for us to ignore. With campaigns like the #MeToo Movement, gender equality is clearly a significant issue in contemporary society.

Offered: Spring 2022, Spring 2023 Assessment: A1 - Class Participation (20%) A2 - Reflective Journal (30%) A3 - Research Essay (50%) Staff Contribution: Professor Laurie Berg This subject explores how understandings of gender are embedded in the law and legal system, often in imperceptible ways. It considers a range of feminist legal theories to examine how law constructs and regulates individuals by reference to gender. The subject starts with key concepts including the construction of gender, the public/ private divide, the sexual division of labour and equality/inequality.

It then focuses on the way law shape areas of human experience including work and the economy, family and relationships, sexuality and reproduction, and violence and bodies. The subject applies theory to contemporary issues in the media and public debate and draws on guest speakers from the profession and academia.

Introduction to Chinese Business Law — 76009 Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (10%) A2 - Online Participation (15%) A3 - In-class group problems (15%) A4 - Research Essay (60%)

14

Studying Gender and Law is the perfect way to understand how gender is unmistakably integrated within the law and legal system.

This subject allows you to learn about key feminist legal theories and understand how the law constructs and regulates individuals on the basis of gender. Students are invited to think critically about the impact of gender in a number of socio-legal contexts.

Please note: 70108 Public International Law is a prerequisite for this subject.

Brief Overview: Introduction to Chinese Business Law will enlighten students on Chinese business law, in the context of China’s steep rise to global supremacy and economic greatness. Already equipped with an in-depth knowledge of Australian business law, students are able to develop an understanding of the differences between Australian and Chinese legal systems and business practices, and how these affect the relationship between both nations.

Students will also apply strong analytical and research skills to understand the nuances between both legal spheres.

Please note: 70327 Introduction to Property and Commercial Law is a prerequisite for this subject.

Indigenous People and the Law — 76068 Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (20%) A2 - Group Presentation (20%) A3 - Research Essay (60%)

Brief Overview: The Anglo-Australian legal system disregards the dispossession of the land, resources and teachings of Aboriginal and Torres Strait Islander Peoples. This subject explores the history of Aboriginal and Torres Strait Islander nations and the role that Indigenous Australians play in the Australian legal system. The subject also explores the flaws within the Australian legal system and what solutions are needed to better protect Aboriginal and Torres Strait Islander Peoples. Topics that you will learn include dispossession and over-representation of Indigenous Australians within the criminal justice and child welfare systems.

This subject is important in enhancing your understanding of Australian history and the Traditional Owners of this land.

Please note: 70317 Real Property and 70108 Public International Law are prerequisites for this subject.

History and Theory of International Law — 76003 Offered: Summer 2022, Summer 2023 Assessment: A1 - Seminar Preparation and Participation (15%) A2 - Short Critical Reflection (20%) A3 - Viva Voce (15%) A4 - Guided Independent Research Project (50%) Student Contribution: Lachlan Barker The lecturers were fantastic educators, passionate about deepening our understanding of international legal systems and the relationship between competing narratives of history and the law. The materials were rich and included cases, sociological research, international papers, speeches, and a film.

My advice for anyone taking this unit would be to start thinking about concepts or issues that interest you in international law from the start, to prepare for the final assessment. If you enjoy broader learning, follow international affairs, or have an interest in history or social science, please take this elective! It was fascinating.

Brief Overview: Interested in issues that affect people globally like human rights, terrorism and self-determination?

This subject dives into the history and theory behind public international law. Students will engage in debates covering contemporary theoretical issues relevant to economic law, the use of force, terrorism, race and gender in an international context.

Students have the opportunity to develop a deeper understanding of how key areas within international law have evolved from the norms of the 19th century to modern concepts relevant in today’s world.

If you are interested in reading case studies about the global legal problems that test the limits of existing law, then this is the subject for you. This subject will allow you to reflect on theoretical ideas to develop an understanding of the changing nature of contemporary international law.

Please note: 70108 Public International Law is a prerequisite for this subject.

15

Legal Theory, Systems and History (cont.)

Islamic Law — 76005

Brief Overview:

Offered: Spring 2023

This subject provides an in depth study of Islamic law and its application in Australia. Students will holistically explore Islamic law through an examination of its origins alongside contemporary legal issues.

Assessment: A1 - Online Discussion (25%) A2 - Research proposal (25%) A3 - Research essay (50%)

Through case studies focusing on Malaysia and Pakistan, students will unpack the modern application of Islamic law and apply this understanding to substantive legal issues. Some areas explored include Islamic family and inheritance law, marriage and divorce, child custody and the significance of extended family. Additionally, students will learn about Islamic commercial, property and banking law.

But the subject doesn’t stop there, as you will also have the opportunity to learn about Islamic criminal law and evidence including the classification of crimes, and punishment. Students will also have the chance to consider the complexities around the formalisation of Shari’ah law.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Judgment and the Rule of Law — 76057 Offered: Autumn 2023

Assessment: A1 - Online Participation (20%) A2 - Critical Journal Entry (50%) A3 - Analysis of a judgment (30%)

Brief Overview: The rule of law is a core part of all legal systems. The subject considers the most essential components of the rule of law; ensuring the law functions democratically and sustains normative order, stability, security and harmony in the community. To maintain normative order, the law must be predictable, well-administered and understood by the community. However, it should also be meaningful and widely supported.

This subject shows how judgments in the law are distinct from those in arts or politics. This subject will also help students navigate the philosophical foundations which underpin objectivity in relation to legal judgments.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Jurisprudence — 76008

Brief Overview:

Offered: Summer 2022/23, Autumn 2023, Spring 2023, Summer 2023

Are you interested in learning about the theoretical foundations of law? This subject considers what the purpose of the law is, what the relationship between law and morality is, and how judges should decide cases. This subject ponders these longstanding questions through jurisprudential theories.

Assessment: A1 - Class Participation (20%) A2 - Short Paper (25%) A3 - Research Essay (55%)

Students will develop analytic, research, communication and critical thinking skills to critique philosophical arguments. If you like reading, discussing and applying legal philosophy, then this subject is for you.

Please note: 70311 Torts is a prerequisite for this subject.

16

Legal Reasoning — 76117 Offered: Spring 2022

Assessment: A1 - Class Participation (20%) A2 - Short Essay (30%) A3 - Long Essay (50%)

Brief Overview: Legal Reasoning is great for the inquisitive student. It’s one of the many ways a student can ask themselves, how can I think like a lawyer? The goal of this subject is to achieve this objective by introducing students to the thinking, reasoning and argumentative methods of lawyers and judges. This subject takes a more contemporary approach when studying the legal thinking and reasoning that reflects on the realities of presentday lawyering and judging.

Active engagement in the seminars and learning material are a sure-fire way to help boost the students mark through 20% class participation, and will go a long way in helping students determine whether lawyers think, reason and argue differently from members of other professions.

Please note: 70311 Torts is a prerequisite for this subject.

Wickedness and Vice — 78039 Offered: Autumn 2023

Assessment: A1 - Critical Reading Reflections (does not contribute to overall mark) A2 - Class Participation and Preparation (20%) A3 - Short Essay (20%) A4 - Essay (40%)

Brief Overview: Wickedness and Vice introduces students to various jurisprudential and general philosophical accounts of the legal system. This subject will provide students with the ability to understand and critically apply theories, as well as an interrogative way of thinking about issues and reimagining the world. Students will engage in a rigorous process of reading and discussion that includes thought-provoking philosophy and jurisprudence, as well as judgements and other legal documents and events. The subject heavily focuses on representations of evil in film and literature to supplement and analyse legal representations of wickedness - there is a large reliance on an international ‘discourse of evil.’

Please note: 70311 Torts is a prerequisite for this subject.

Staff Contribution: Professor Penny Crofts Students will engage with classic jurisprudence and philosophies of wickedness to analyse the legal system as a system of blaming. A central argument of the elective is that law communicates right from wrong, and we can and should analyse the types of models of wickedness which the legal system is expressing. The subject engages with historic and contemporary topics to think through various models of wickedness. Part of this includes theories about the Holocaust, including Hannah Arendt’s idea about the banality of evil and Claudia Card’s arguments about the gray zone.

There is an excursion to the Sydney Jewish Museum - and although many students have previously visited the museum when they were at school - everyone has agreed that the visit is highly valuable, particularly as the Museum organises philosophical lectures for us and where possible a survivor will come and speak to the class.

Students tend to find this subject challenging and fascinating. It is good for thinking big about the world and the role of the legal system, and excellent for dinner party conversation.

Faculty experts who teach or research in Legal Theory, Systems and History: Alecia Simmons, Anthea Vogl, Beth Goldblatt, Colin Hawes, Harry Hobbs, Honni Van Rijswijk, Patrick Lenta, Penny Crofts, Renata Grossi, Sara Dehm, Shaunnagh Dorsett, Sophie Riley, Teri Libesman, Trish Luker.

17

Legal Practice and Dispute Res Dispute Resolution Advocacy — 76052 Offered: Spring 2022

Assessment: A1 - Reflection of Negotiation Task Participation (20%) A2 - Seminar Presentation (50%) A3 - Client Advice on Dispute Resolution Process (30%)

Brief Overview: This subject deals with the jurisprudence of dispute resolution, and the theory, dynamics and essential characteristics of the major dispute resolution processes. This knowledge allows for the formulation of critical, creative, strategic and effective strategies for resolving a wide range of disputes. The subject focuses on the role of lawyers in dispute resolution processes; advising clients on, and preparing clients for, suitable dispute resolution processes; the institutionalising of dispute resolution processes; the nature of disputes and the theoretical, ethical and practical issues.

A two-day intensive weekend workshop enables students to practice and develop their negotiation and mediation skills and understandings through simulated role-plays and exercises. This subject develops students’ oral and written communication skills through the use of participatory, student-led seminars and reflective practice.

Please note: 70104 Civil Practice or 70517 Equity and Trusts is a prerequisite for this subject.

Disruptive Technologies And The Law — 76105 Offered: Autumn 2023

Assessment: A1 – Seminar attendance and presentations (20%) A2 – Research Essay (40%) A3 – Take Home Exam (40%)

Brief Overview: New technologies are constantly evolving the ways we interact with the world. Blockchain, artificial intelligence and cryptocurrencies are just some disruptive technologies you will examine throughout this subject. This subject primarily focuses on how new technologies alter relationship dynamics which subsequently creates new ways for laws to be broken. It also focuses on how lawyers can use new forms of technology to further efficiency in their practice and how the rapid introduction of innovative technologies can outpace effective legal regulation which lags behind.

The technological revolution is among us and the modern lawyer needs to be tech-savy and adaptable. This subject will equip you with the necessary technical and problem-solving skills required in the contemporary legal field.

Please note: 70102 Foundations of Law is a prerequisite for this subject.

Strategic Litigation Clinic — 76095 Offered: Summer 2022/2023

Assessment: A1 – Seminar Participation(20%) A2 – Strategic Litigation Plan (60%) A3 – Reflective Log (20%)

Brief Overview: Eager to pursue social change through utilising the law? Strategic Litigation goes beyond using law to advocate for individual rights and remedies. This subject provides students with an opportunity to develop skills to work in strategic litigation generally, as well as apply knowledge in areas such as advancing indigenous justice. This subject provides students with knowledge and real world practical experience in strategic litigation for Indigenous clients and nations.

Through working on strategic litigation cases derived from real world experience and developing strategic litigation plans, including in practice groups, students gain practice based, cross-cultural skills in legal advocacy for indigenous communities.

Please note: 70104 Civil Practice is a prerequisite for this subject.

Student Contribution: Vincent Collins This subject is excellent for any students wanting a more hands-on elective. The elective mostly runs over the summer semester and was honestly one of my favourite electives. The content is relevant for any law students interested in a career in social justice or litigation more generally. I think it would suit varying levels from those who have recently commenced their degree to those coming toward the end of it. The assessments are largely focused on group work and participation in seminars. I really enjoyed the subject because it allowed students to develop their own real-life strategic litigation plan. Seeing this come to fruition and knowing that it may actually be carried out in the Australian legal system was a very worthwhile experience. I would advise students to pick this subject if they are passionate about social justice issues and if they enjoyed Administrative Law.

solution Refugee Law And Practice — 78013 Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (10%) A2 - Clinical Project Work (50%) A3 - Oral Presentation (10%) A4 - Critical Reflection 30%

Brief Overview: This subject explores the historical development of refugee law in Australia and its evolution by analysing contemporary refugee law and its effectiveness.

Students will be exposed to practical applications of refugee law and practice through clinical experiences, and seminar-style classes. The practical components are overseen by UTS Law Faculty in cooperation with a local refugee legal organisation. By undertaking research and drafting submissions, students are able to deepen their understanding of refugee law and policy.

In order to enrol in this subject, students must complete an Expression of Interest (EOI) via the CareerHub form. EOI forms are only assessed until the course cap is reached.

Please note: 70616 Australian Constitutional Law and 70617 Administrative Law are prerequisites for this subject.

Staff Contribution: Dr Anthea Vogl Are you interested in the work of refugee and human rights lawyers? Would you like to use and develop your legal knowledge and skills to assist asylum seekers who are in the process of applying for protection and asylum in Australia? This subject is designed to allow students to gain a sophisticated insight into and understanding of the practical realities of refugee law and practice in Australia. Students will participate in a unique clinical experience where they work on actual refugee client files in partnership with the Refugee Advice and Casework Service (RACS).

Students will learn about the historical development of refugee law in Australia and how to evaluate the key features and limitations of the current refugee status determination system in Australia. Students will also deepen their understanding of administrative law and statutory interpretation through detailed readings of recent High Court decisions that have transformed refugee law and policy in Australia.

Student Contribution: Georgia Holmes I highly enjoyed undertaking Refugee Law and Practice. The structure of the subject was amazing for summer (only four days of class total), with the remainder of the subject undertaken in a small group and independently. The content was interesting, and the delivery of the subject used a range of resources which made it both engaging and manageable. The highlight was undertaking a clinical project, which was an invaluable experience and one that I will always remember. I would recommend making sure you have the time to commit to the clinical project - it is worth it though.

Student Contribution: Aamna Butt I thoroughly enjoyed Refugee Law and Practice as it was different to normal subjects run by the University. It provided me with a practical aspect to what I was learning and taught me how to apply the knowledge I learn. The subject is not difficult in my opinion, if you enjoy something new and are passionate about the refugee crisis, you will enjoy this subject.

Faculty experts who teach or research in Legal Practice and Dispute Resolution: Anthea Vogl, Christine Giles, Des Finegan, Eugene Schofield-Georgeson, Evana Wright, Genevieve Wilkinson, Jane Rawlings, Jackie Jones, Maria Abertos, Maryam Tabari, Maxine Evers, Miranda Kaye, Robin Bowley, Sara Dehm, Stuart Lowe, Thalia Anthony.

19

Intellectual Property, Media and Technology Broadcasting and Telecommunications Regulation — 76019 Offered: Summer 2022/2023

Assessment: A1 - Discussion Board Posts (10%) A2 - Initial Assignment (25%) A3 - Final Assignment (65%)

Intellectual Property Commercialisation — 76056 Offered: Spring 2022

Assessment: A1 – Class Engagement (30%) A2 – Article Evaluation (30%) A3 – Research Essay (40%)

Brief Overview: Are you interested in the evolution of digital technology, or the move to a global, multi-platform delivery of traditional broadcasting and telecommunications? Broadcasting and Telecommunications Regulation allows students to delve into a rotating menu of topical issues, reflecting the changing nature of media production, delivery and consumption. This subject is ideal for students interested in the regulation of broadcasting, telecommunications and online content, the obligations placed on businesses providing these services, and the law’s response to technological advancements. Through exploring case studies, this subject allows students to explore modern legal challenges facing the broadcasting and telecommunications industry.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Brief Overview: This is the perfect subject for those interested in exploring issues related to the commercialisation of intellectual property (IP) rights as a business asset for new enterprises, or as a source of income for existing enterprises. Commercialisation is the process of bringing IP to the market in order to be exploited. This subject provides a comprehensive overview of legal, business and economic issues that are relevant to the commercialising and licensing of intellectual property (IP) rights in both domestic and global contexts. The scope is interdisciplinary, exploring the business and economic aspects of IP licensing and investment in IP development in the context of a detailed legal framework for IP licensing and investment. Students will develop practical skills training in drafting and negotiating licenses through practice-focused exercises that give students a better sense of the deal-making process in licensing transactions both in Australia and abroad.

Please note: 70327 Introduction to Property and Commercial Law is a prerequisite for this subject.

Intellectual Property: Copyright and Design — 76084 Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (25%) A2 - Legal Advice Assignment (35%) A3 - Take Home Exam (40%)

20

Brief Overview: Are you interested in the intangible, creative and informational assets associated with copyright and design? Intellectual Property: Copyright and Design is an ideal subject for students looking to further their understanding of the theoretical, jurisprudential and policy issues surrounding the law of copyright and design. Through open class discussion, students will learn about applicable laws, practices and policies, as well as the different public and private stakeholders involved in intellectual property law. These skills are put to the test in a legal advice assignment, which mirrors the factual and legal issues that commonly arise in copyright and design disputes.

Please note: 70327 Introduction to Property and Commercial Law is a prerequisite for this subject.

IP Trademarks — 76085 Offered: Autumn 2023

Assessment: A1 - Proposal Abstract (35%) A2 - Legal problem Assignment Trademarks (35%) A3 - Critical Reflection and Research Assignment (30%)

Brief Overview: Intellectual property is protected by the law and includes intangible, creative, inventive and informational assets. Students will learn about the doctrinal law of trademarks, passing off, the Australian Consumer Law, geographical indications or origin, and patents in terms of the relevant statutory and case law frameworks. Alongside this, the course will also cover the litigation processes and remedies. This elective is designed to help students understand the complex nature of public and private interests in this field of law as well as prepare them for a career in commerce or legal practice Class discussion will consist of theoretical, jurisprudential and policy issues underlying this area of law. The research tasks will allow students to critically evaluate legislation, practices and policies.

Please note: 70327 Introduction to Property and Commercial Law is a prerequisite for this subject.

Staff Contribution: Professor Isabella Alexander Intellectual property (IP) is the name given to the suite of laws which seek to foster innovation and creativity and to regulate ‘the marketplace of ideas’. An understanding of IP law is essential for those with an interest in the intersection between law and the fields of science, technology, and manufacturing, the creative industries, and the digital economy, as well as those interested in a career in general commercial legal practice. In this subject we focus on two key areas of intellectual property law: the laws relating to patents, and those relating to trade marks. The coronavirus pandemic catapulted vaccine patents into the news, as conflicts developed between the interests of pharmaceutical patent owners and public health concerns. Meanwhile innovation in artificial intelligence and biotechnology put pressure on traditional legal categories and open up new questions about what can qualify as a patentable invention.

The growth of the digital economy also raises new challenges for trade mark owners, those seeking to compete with them in the marketplace and consumers. In this subject students will learn the legislative and doctrinal frameworks for both areas of law, and explore their understanding through hypothetical legal scenarios. They will also engage with the broader debates and controversies that arise in these areas, and will be encouraged to train a critical and analytical lens on a fast-moving and cutting-edge area of law.

Privacy and Surveillance Law — 76089 Offered: Summer 2022/2023

Assessment: A1 - Seminar Participation (20%) A2 - Initial Privacy/Surveillance Analysis (30%) A3 - Advanced Privacy/Surveillance Analysis (50%)

Brief Overview: Are you interested in public debates surrounding the invasion of personal privacy, the surveillance of personal conversations, activities and locations, or the retention of personal data? Privacy and Surveillance Law will allow students to engage with increasingly prevalent conversations about modern privacy, fuelled by the introduction of new technologies.

This subject tackles issues surrounding online privacy protection, through navigating the complex mix of common law, and federal and state/territory laws. Students engage in a critical analysis of privacy and surveillance law through the lens of theoretical, policy and international contexts, and make recommendations to reform the operation of current laws.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

21

Intellectual Property, Media and Technology (cont.)

Technology Law, Policy, and Ethics — 76106 Offered: Autumn 2023

Assessment: A1 - Preparation, Participation and Collaboration (25%) A2 - Lightning Talk (10%) A3 - Article (nominally for submission to The Conversation) (25%) A4 - Take-home Exam 40%

Brief Overview: Eager to explore policy and ethical issues that arises through technological advancement, and the role of lawyers in shaping policy and protecting vulnerable populations? In our contemporary society, lawyers need to be adaptive and technically capable in response to these impacts. Ethical and policy issues arising from innovative technology poses new threats to our freedoms, privacy and security but also opportunities to use technology to find solutions to some of the world’s wicked problems.

TLPE explores the changes and challenges resulting from technological developments that could be addressed by the law, including emerging legal technology which can erode the possibility for human review and oversight, and technology that enables governments and private organisations to monitor our everyday moves.

Please note: 120 credit points of completed study in a Bachelor of Laws AND 108 credit points of completed core subjects in an LLB are prerequisites for this subject.

Staff Contribution: Dr Genevieve Wilkinson (TPLE) explores the policy and ethical issues that arise from the impact that technology is having on the world, and the role of lawyers in shaping policy and protecting vulnerable populations. Students question whether law is keeping up with technology and the unique ethical challenges posed by technology. They work together to learn about technology through innovative assessments that reflect the ways that questions of technology law and policy are frequently explored and addressed. For students seeking to complete the Legal Futures and Technology major, it is the first capstone subject. As a capstone subject, TLPE brings together a range of different areas of law that you have studied in core subjects throughout your degree, as well as critical skills for young lawyers including using diverse communication skills, strengthening collaborative working approaches and developing competence in reflective practice.

Faculty experts who teach or research in Intellectual Property, Media and Technology: David Lindsay, Derek Wilding, Evana Wright, Genevieve Wilkinson, Honni Van Rijswijk, Isabella Alexander, Jane Rawlings, Maryam Tabari, Natalie Stoianoff Sasha.

22

International Law, Human Rights and The Environment Australian Private International Law — 76112

Assessment: A1 - Oral Case Presentation / Response (30%) A2 - Moot (50%) A3 - Oral Communication and Class Participation (20%)

Brief Overview: Australian Private International Law provides students with an opportunity to learn about interactions between Australian and overseas legal systems. Relations between the Australian Legal System and overseas jurisdictions are growing in prevalence in response to the increasingly globalised world that we live in.

This subject delves into the governance of these interactions, which remains pivotal in everyday legal practice. Students are also equipped with oral advocacy skills and practical experience with private international law in the context of mooting.

Please note: 70311 Torts AND 70616 Australian Constitutional Law are prerequisites for this subject.

Climate Law and Carbon Markets — 76041 Offered: Summer 2022/2023

Assessment: A1 - Seminar Participation (20%) A2 - Leading Class Discussion (20%) A3 - Research Essay (60%)

Brief Overview: Environmentalism is of huge relevance in our current society. This subject goes into critical detail about the impact of climate change and how it affects law, policy and corporate behaviour. Students will examine the stakeholders who can take action on mitigating the impact of climate change. The subject focuses on the relationship between international compliance and achieving change. There is also an exploration of the policy communities and legal and business associations who make up the framework required to make meaningful change to the environmental crisis.

When completing this subject students will engage in intensive seminars to gain insight on the issues in the field and the law. Students will also collaborate with their peers and create a presentation which will allow them to develop their oral communication skills. The major research task offers students an opportunity to practise and receive feedback on their research skills.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Environmental Law — 76024 Offered: Autumn 2023

Assessment: A1 - Collaboration and Class Participation (30%) A2 - Annotated Extract for Research Essay (20%) A3 - Research Essay (50%)

Brief Overview: Australian policy on the environment has and continues to be a controversial topic which influences the legal sphere. Environmental Law is an essential subject for students who are passionate about environmental regulation in Australia and the tensions between environmental and economic interests. By examining sustainable development, students are equipped with the knowledge needed to evaluate the effectiveness of environmental protection and to comprehensively understand the human impact on pollution and climate change. This subject will provide students with the foundational skills to undertake further specialised environmental law subjects, including international environmental law and climate change law.

Please note: 70311 Torts OR 70616 Australian Constitutional Law is a prerequisite for this subject.

23

Intl. Law, Human Rights and The Environment (cont.)

Environmental Planning and Development Law — 78042 Offered: Spring 2022, Spring 2023

Assessment: A1 - Class Participation (20%) A2 - Presentation and Case Note (40%) A3 - Take-Home Exam (40%)

International Commercial Transactions — 76903 Offered: Spring 2022, Spring 2023

Assessment: A1 - Tutorial Problems (40%) A2 - Class Participation (10%) A3 - Research Essay (50%)

Brief Overview: This subject introduces students to the essentials in relation to planning and development law within the scope of New South Wales. A strong focus is to explore the Environmental Planning and Assessment Act 1979, and the associated statutory provisions relating to development control and assessment process.

This elective further explores the nature and role of NSW councils, particularly as decision-making mechanisms and authorities in relation to the environmental planning and development law explored.

Please note: 70617 Administrative Law is a prerequisite for this subject.

Brief Overview: Are you interested in global business and how the law plays a role?

Look no further than the International Commercial Transactions elective. This subject encourages students to analyse the role of major global legal frameworks, including WTO and EU and their significance in international transactions.

International Commercial Transactions focus on a variety of crucial global issues. To name a few; joint ventures, licensing, CISG and dispute resolution. However, this elective does not just focus on abstract theories, but is extremely practical. The assessments are focused on real world applications and problems, and students can choose an essay topic that relates to a contemporary international commercial issue.

Please note: 70617 Administrative Law is a prerequisite for this subject.

International Environmental Law — 77794

Assessment: A1 - Collaboration and Class Participation (30%) A2 - Annotated Abstract for the Research Essay (20%) A3 - Research Essay (50%)

24

Brief Overview: Want to learn about the principles of international law relating to conservation and management of the environment? This subject delves into the fundamental principles underpinning the practice of international environmental law, including the precautionary principle and sustainable development. This subject also delves into international instruments that deal with air and atmospheric pollution, protection of the ocean and seas, marine pollution, climate change, the polar regions, the impact of war and human rights, and Indigenous perspectives. International Environment Law provides a fantastic foundation for study in specialised areas such as climate change law and practice, carbon markets, the marine environment, and international trade law and the environment.

International Human Rights Law — 78258 Offered: Autumn 2023

Assessment: A1 - Human Rights Advice (50%) A2 - Exam (50%)

Brief Overview: International Human Rights Law oversees the treatment of groups and individuals through the lens of the government. This body of law formalises the principles of freedom, justice, equality, and human dignity that govern socio-political processes. This discipline explores the examples of human rights violations in societies which have oppressive regimes, and examines societies which have far more sophisticated and democratic institutes, which significantly impact international relations and global security. The implementation of human rights laws assists with holding the state accountable on an international scale for the failure to protect persons at times. This subject will allow students to examine human rights case studies, while considering the philosophical, political and social dimensions to these issues.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

International Humanitarian Law — 78016

Brief Overview: Eager to learn more about the laws which apply in times of war and conflict?

Have a keen interest in refugee law, peacekeeping operations and international crime?

Offered: Summer 2022/23 International Humanitarian Law delves into these areas and the respective historical, philosophical and political contexts in which they continually develop in.

Assessment: A1 - Seminar Participation (25%) A2 - Research Outline (10%) A3 - Research Essay (65%)

Students will also explore pervasive contemporary issues such as the international response to terrorism and the proliferation of internal conflicts.

Through role-play and real-life case studies, students will develop necessary skills such as critical analysis, research and communication.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

International Organisations — 76025 Offered: Spring 2022, Spring 2023

Assessment: A1 – Role Play (20%) A2 – Class Participation (30%) A3 – Legal Writing (50%)

Brief Overview: The proliferation of international organisations (IOs) has prompted a need for international law-making, inter-state cooperation and global governance. This subject takes on theoretical and practical approaches in understanding the law of IOs. Students will explore key concepts and debates concerning IOs, particularly, their power, functions and responsibilities.

Students will develop a complex understanding of the law of IOs, including their legal status, internal governance structures, immunities and dispute settlement procedures. The creation and evolution of IOs in their historical, legal and political contexts will also be explored throughout the duration of this course.

Students are encouraged to apply their understanding of the law of IOs to contemporary problems facing IOs at the start of the 21st century.

Please note: 70108 Public International Law is a prerequisite for this subject.

25

Intl. Law, Human Rights and The Environment (cont.)

World Trade Law — 76013 Offered: Autumn 2023

Assessment: A1 - Research Essay (40%) A2 - Class Presentation (40%) A3 - Class Attendance and Participation (20%)

Brief Overview: If you are interested in the world of international trade and economics, then this specialist subject exploring the rules regulated by the World Trade Organisation (WTO) is perfect for you.

The WTO’s trade rules are instrumental to the regulation of international trade with about 160 countries subscribed to them. The regulation of international trade is both a driver and result of economic globalisation and has direct relevance for governments, businesses and individuals.

In this subject you will gain a deeper understanding about the way the WTO operates in the real-world social and political context and how these laws about international transactions apply in Australia.

Please note: 70327 Introduction to Property and Commercial Law is a prerequisite for this subject.

Faculty experts who teach or research in International Law, Human Rights and The Environment: Ana Vrdoljak, Anthea Vogl, David Leary, Gabrielle Simm, Honni Van Rijswijk, Jennifer Burn, Karen O’Connell, Kathryn Greenman, Laurie Berg, Natalie Stoianoff, Roberto Buonamano, Sara Dehm, Sophie Riley, Thalia Anthony.

26

Health, Families and Children Biomedical Law and Bioethics — 76070 Assessment: A1 - Class Participation (20%) A2 - Tutorial Paper (20%) A3 - Research Assignment (60%)

Children and the Law — 76066 Offered: Summer 2022/2023

Assessment: A1 - Online Class Participation (25%) A2 - Research Proposal (25%) A3 - Research Essay (50%)

Brief Overview: The rapid development of technology has undoubtedly impacted our everyday lives. This extends to the role of the law adapting to emerging medical developments. As such, this subject explores the wide-ranging impact that biomedical technologies have on society and the legal issues that are presented. More specifically, students will learn about genes, cloning, euthanasia, medical experimentation and research, reproductive technology and surrogacy — all of which are at the forefront of legal development.

Brief Overview: Are you interested in understanding how the law recognises the rights of children? This subject provides insight into how the law interacts with children’s rights, child development theory, care and protection (including fostering), preschool and school education, civil liability and juvenile justice. More importantly, students will gain insight into the access to justice provisions available for children and how its absence creates issues in the pursuit of justice. Students will also be able to draw upon concepts from Constitutional Law, Criminal Law, Contracts, Torts, and Evidence, to consider how such these areas integrate special considerations and rules in their application to children.

Please note: 70114 Criminal Law and Procedure and 70311 Torts and 70616 Australian Constitutional Law are prerequisites for this subject.

Disability and the Law — 76010

Assessment: A1 - Class Participation (10%) A2 - Group Presentation (30%) A3 - Research Essay (60%)

Brief Overview: The approach of how the law must adapt for people living with a disability is ever-important. Through the lens of social justice and equality, this subject explores the medical model, the social construction model, the human rights model and bioethical, feminist and postmodern approaches to disability. Students will be immersed in various legal instruments, both domestic and international, to explore the developments in law with respect to health law, tort law, criminal law, international law and anti-discrimination law. Students will also explore issues such as constraints on reproductive decision making, end of life decision making; the therapy/enhancement distinction and body modification.

27

Health, Families and Children (cont.)

Elder Law — 76093 Offered: Autumn 2023

Assessment: A1 - Seminar Participation (20%) A2 - Written Reflection (30%) A3 - Law Reform Essay/Submission (50%)

Brief Overview: As Australia’s aging population grows, so does the need for adequate legal measures to protect their rights. In this subject students will explore the legal needs of this vulnerable group focusing on health, justice and inclusion within society.

The recent crisis in aged care exposed during the COVID-19 pandemic has highlighted the need for reforms to Australian elder law. Law reform is a major component of this subject with the final assessment being a law reform submission. Through a mix of practical workshops, expert guest presentations and traditional study methods students will examine prominent issues such as elder abuse, medical decision-making and age discrimination.

This subject also invites students to reflect and respond appropriately to the ethical issues that may arise for legal practitioners when interacting with older clients who may experience impaired decision-making abilities.

Please note: 70102 Foundations of Law is a prerequisite for this subject.

Family Law — 76516 Offered: Spring 2022

Assessment: A1 - Class Preparation and Class Participation (10%) A2 - Research Essay (40%) A3 - Negotiation Task (P/F) A3 - Final Exam (50%)

Brief Overview: Interested in understanding the dynamic area that is family law?

This subject grounds students with an in-depth knowledge of the family law system in Australia through a focus on the rights and obligations of parties pursuant to the Family Law Act 1975 (NSW) and the importance of dispute resolution procedure.

This subject will provide students with practical insights into a range of social policy issues that affect real families. From analysing the impact of family violence to evaluating children’s rights under the law, this subject will provide you with an extensive range of legal skills.

Please note: 70317 Real Property is a corequisite for this subject.

Student Contribution: Simon Kendrick Very rewarding subject which deals with the splitting of property of individuals following the separation of a couple and the court’s role in considering the best interests of the child as an overriding factor.

Staff Contribution: Miranda Kaye Family law is an important subject for all law students even if you never intend to practice in the area. Indeed, the family law teachers at UTS believe that some knowledge of family law should be core knowledge for all UTS law graduates.

The breakdown of a relationship impacts on parties (emotionally, physically and financially), children, extended family, third parties (creditors, business associates) as well as the broader community: school teachers, health professionals, not for profit organisations, community justice centres and essential services. A very basic knowledge of family law provides context when inevitably confronted with a broken relationship and its consequences, or when family law is again the subject of the latest television current affairs program, newspaper editorial, [or] opinion piece. Studying family law enables you to counter many of the myths surrounding the Australian family law system. Indeed, we think that family law is foundational to all other subjects!

28

Law and Mental Health — 76038 Offered: Spring 2023

Assessment: A1 - Collaborative Lightning Talk (25%) A2 - Reflective Statement (25%) A3 - Research Essay (50%)

Brief Overview: This subject enables students to critically engage with a range of sources which enhance knowledge of the interrelationship between mental health and the law. Advocacy for the advancement of the mental health care of legal practitioners is vital to the legal profession and this subject engages students directly using an intersectional approach, interrogating the relationship between the law, mental health, ableism, settler colonialism and heteropatriarchy. For students who successfully complete this subject, the significance of law and policy work and its direct engagement with the mental health and disability community should be highlighted and stand out as an important social issue of focus. As such, students will actively engage in contemporary debates on domestic law reform and international human rights developments in relation to law and mental health.

Please note: 70311 Torts is a prerequisite for this subject.

Medicine and Law — 76045 Offered: Spring 2022

Assessment: A1 - Participation (25%) A2 - Written Assessment (30%) A3 - Assessment (45%)

Brief Overview: If the pandemic has taught us anything, it’s the close relationship between Medicine and the Law. This subject delves into the intricacies of the Australian healthcare system through the lens of the law, more specifically: negligence, privacy and confidentiality of health information, and regulation of the profession. Students will be given the opportunity to explore ethical issues such as the beginning and end of life and medical research involving human participants.

Please note: 70311 Torts is a prerequisite and 70617 Administrative Law is a corequisite for this subject.

Student Contribution: Simon Kendrick Deals with the individual and their life as a human being in society by examining privacy laws and touches on the beginnings of life with assisted reproductive technology through to voluntary assisted dying.

Faculty experts who teach or research in Health, Families and Children: Anita Stuhmcke, Beth Goldblatt, Isabel Karpin, Jane Wangmann, Jenni Millbank, Karen O’Connell, Linda Steele, Michael Thomson, Miranda Kaye, Nola Ries, Tracey Booth.

29

Electives beyond the Classroom Moot — 76900

Brief Overview:

Offered: Spring 2022, Summer 2022/23, Autumn 2023, Spring 2023, Summer 2023

Do you have a passion for Mooting? This subject will familiarise you with the various mooting competitions at a national level. Mooting provides students with an invaluable opportunity to develop courtroom skills, research experience and the practical experience to complement a law degree.

Mooting involves partaking in a mock-court experience, persuasively arguing a case in a court setting, applying research, and oral skills. Getting involved with the mooting program run by the UTS Law Students’ Society can equip you with the skill and experience to partake in this elective.

Assessment: A1 - Preparation of Memorials (Written Submissions) A2 - Participation in Mooting Competitions (100%)

Please note: 70102 Foundations of Law is a prerequisite for this subject. This subject is by invitation only.

Exchange Subject — 76801 Offered: Spring 2022, Autumn 2023, Spring 2023

Assessment: Pass fail, no marks

Brief Overview: Have the past few years of closed borders made you more eager than ever to study overseas? Undertaking an international exchange is the ideal opportunity to complete part of your study in another country while receiving credits for your law degree at UTS. Students are able to undertake three or four law options at an exchange partner university. Applicants for exchange must have their study at the exchange partner university approved by UTS Law’s exchange director. Students are encouraged to study subjects that are international or comparative in nature.

Please note: 70517 Equity and Trusts is a prerequisite for this subject.

Local & International Internships Staff Introduction: Professor Beth Goldblatt The Faculty’s creative, innovative and practical approach to learning whilst building strong industry links has led to the development of experiential local and international learning opportunities for our students. Internships offer students the opportunity to gain local or international experience and develop practical skills through work on a real world; legal project. Internships allow students to build on their studies and involve work of an appropriately demanding standard to model professional work or practice. They give students the opportunity to build upon their theoretical knowledge in an applied setting. Students are able to gain academic credit by enrolling into these specialist subjects as an elective.

30

Local Internship — 76097 Offered: Spring 2022, Autumn 2023, Spring 2023

Brief Overview: Want to gain practical legal experience? Want to develop your professional skills in law? Then the Local Internship elective is the perfect opportunity for you.

This elective will provide you with invaluable experience working in the professional legal sphere and is definitely a big tick for the resume.

Assessment: A1 - Critical Reflection (60%) A2 - Internship Placement Project: Satisfactory / Unsatisfactory (0%) A3 - Debrief Presentation (40%)

You will have the opportunity to bring your knowledge from the classroom and apply it in the legal working environment. Through your participation in an 11-week internship, you will learn valuable skills from the various legal professionals you will encounter during your time there. An internship will expose you to the real world of legal practitioners and can help shape your future career trajectory.

Please note: 70617 Administrative Law is a prerequisite for this subject.

Staff Contribution: Professor Beth Goldblatt Our local internship program provides students with the opportunity to obtain practical legal experience and to develop professional skills through work with a local host organisation. The subject involves participation in an internship, usually one day per week for 11 weeks, during the Autumn and Spring sessions. There are additional academic requirements including a preparatory workshop, reflective journals and a post-internship presentation. We have a comprehensive range of host organisations providing internships. This includes opportunities with commercial organisations such as Stockland and Westpac, various law and technology options, as well as social justice placements such as with Marrickville Legal Centre and the National Justice Project.

International Legal Internship — 76098 Offered: Spring 2022, Summer 2022/23, Spring 2023, Summer 2023

Assessment: A1 - Critical Reflection (50%) A2 - Project Debrief (50%)

Brief Overview: Interested in taking your legal degree abroad? Want to gain practical legal experience in a global context?

Then you should consider applying for an International Legal Internship which will contribute credit points towards your degree.

International and practical legal experience will provide you with ‘real-world’ legal work, and give you the chance to reflect on your practical learning and the relationship to your academic education and legal skills. Overall, the international internship promotes cross cultural awareness, adaptability and resourcefulness. This subject encourages students to think of themselves as future global professionals.

Please note: This subject is taught at a Master’s level which requires independent study. Additionally, 70617 Administrative law is a prerequisite for this subject.

Staff Contribution: Professor Beth Goldblatt Our international internship program has the additional benefit of exposing students to legal practice in a global context. This subject provides students with an opportunity to gain international and practical legal experience so as to develop professional skills through the real world; legal work. Internships involve a minimum of 20 working days, usually over the Winter break or Summer. Students are able to find their own legal placement at an eligible organisation or apply for a Faculty or UTS sourced placement. For the past two years placements have been virtual due to Covid-19 but students will be travelling overseas to take up placements by Summer 2022. Please keep an eye on the website for a list of opportunities or chat to us about options. UTS and the Australian government assist with funding for overseas internships.

31

Electives beyond the Classroom (cont.)

International And Comparative Study In Law — 76099 Offered: Summer 2022/23, Autumn 2023, Spring 2023, Summer 2023

Assessment: Pass fail, no marks

Brief Overview: Eager to study the discipline of law overseas? This subject will provide you with the opportunity to study abroad whilst gaining insight into legal skills taught within the scope of other legal traditions and cultures. There is a wide variety of subjects recommended to study overseas, such as interdisciplinary subjects, as well as theoretical and practical subjects within the discipline of law. This subject is the perfect opportunity to develop intercultural awareness, adaptability and resourcefulness - ultimately strengthening capacity to become future global professionals. By undertaking the short course within the discipline of law overseas, students are able to gain credit for this study through this subject.

Please note: 70616 Australian Constitutional Law is a prerequisite for this subject.

Jessup International Moot — 76039 Offered: Summer 2022/23, Summer 2023

Assessment: A1 - Group Applicant and Respondent Memorials (33%) A2 - Oral Submissions (67%)

Brief Overview: Interested in mooting? The Jessup International Moot provides students with an opportunity to participate in the prestigious ‘Phillip C. Jessup International Law Moot Court Competition’.

Students will partake in the world’s largest moot court competition, showcasing international law advocacy skills through simulated hypothetical disputes between countries before the International Court of Justice. A complex current issue of public international law will form the hypothetical case and students will conduct extensive legal research upon analysing and developing arguments in preparation for written and oral submissions. The competition commences in Canberra with the grand final being held in the High Court of Australia. The two grand finalist teams progress to represent their university in Washington D.C in April each year.

Please note: 70102 Foundations of Law is a prerequisite for this subject. This subject is by invitation only.

Oxford International Intellectual Property Moot — 76094 Offered: Autumn 2023

Assessment: A1 - Submission of Written Submissions for Oxford International Intellectual Property Moot (84%) A2 - International Oral Submissions Bonus (16%) A3: Participating in International Rounds of Oxford International Intellectual Property Moot Competition

32

Brief Overview: Students have the opportunity to partake in the Oxford International Intellectual Property Moot, which is held annually in Oxford, UK, over the course of three days. Students will analyse a problem relating to copyright, trade marks, patents, confidential information, passing off or any combination thereof, and are challenged to engage in comparative research of legal rules at regional, national and international levels.

There will be in-depth legal research on various national laws and the preparation of written and oral pleadings arguing both appellant and respondent positions of the case. A competitive selection process will take place where two or three students will be selected via invitation only. The grand final is held before senior members of the UK judiciary.

Please note: 70102 Foundations of Law is a prerequisite for this subject. This subject is by invitation only.

Price International Media Law Moot — 76904

Brief Overview: Passionate about advocacy? Are you interested in human rights and media law? Love legal research? Then you should consider applying for the highly competitive Price International Media Law Moot.

Offered: Autumn 2023 Held at the prestigious Oxford University, if selected and successful you and your team will have the chance to compete against the creme-de-la-creme of law students from across the world.

Assessment: A1 - Submission of Memorials for Price International Law Moot Competition (84%) A2 - International Oral Submissions Bonus (16%)

The moot focuses on freedom of expression issues and the role of the media and information, and communication technologies. Students will conduct detailed research and prepare both written and oral submissions to complex questions on media law and the impacts on freedom of speech, privacy and the regulation of media content.

This moot involves a comparative analysis of legal standards at the national, regional and international levels which involve research into constitutional frameworks and other national laws. Your skills will be assessed by an international panel of judges with diverse backgrounds and areas of expertise.

Please note: 70102 Foundations of Law is a prerequisite for this subject. This subject is by invitation only.

33