9 minute read
Private Law
Advanced Commercial Transactions — 76086
Offered: Spring 2022
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Assessment: A1 - Class Participation (20%) A2 - Choice of Moot or Short Essay (30%) A3 - Take Home Final Exam (50%)
Advanced Contracts — 76047
Offered: Spring 2022, Spring 2023
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%) 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.
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.
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.
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.
Building and Construction Law — 76043
Offered: Spring 2022, Spring 2023
Assessment: A1 - Class Participation (20%) A2 - Case Study Questions (40%) A3 - Final Exam (40%)
Competition Law — 76027
Offered: Autumn 2023
Assessment: A1 - Class Engagement (30%) A2 - Case Note or Article Evaluation (30%) A3 - Essay (40%)
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: 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.
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.
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!
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.
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.
Insolvency — 76116
Offered: Spring 2022, Spring 2023
Assessment: A1 - Fortnightly Multiple Choice Quiz (20%) A2 - Research Essay (30%) A3 - Final Exam (50%)
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: 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.
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. 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.
Offered: Spring 2022
Assessment: A1 - Class Participation (20%) A2 - Legal Advice Assignment (30%) A3 - Research Essay (50%) 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!
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.
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%) 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.
