Legal Practice and Dispute Resolution

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%)

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. 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.

Legal Practice and Dispute Resolution

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%

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. 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.

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.