Graduate Diploma in Dispute Resolution

Dispute resolution and problem-solving lie at the core of modern professional life for lawyers, business people and anyone who works with more than one other person. This subject provides an overview of the range of dispute resolution techniques used internationally. This subject differentiates the most prominent dispute resolution methods, including traditional litigation, arbitration (in its many forms, including international commercial arbitration negotiation) and mediation (also in its many forms, including partnering, mini-trials and dispute resolution coordinators). It also includes skills training in negotiation and mediation, designed to increase effectiveness in both resolving disputes and enhancing problem-solving abilities.

Indicative list of principal topics:

• The nature and varieties of disputes, how they arise and how they are avoided
• The options for resolving disputes: litigation, arbitration, negotiation, mediation and conciliation
• Factors considered by people when they choose a dispute resolution method, including social, cultural and economic factors
• Relevant law reform initiatives, with an emphasis on Australia, other common law countries and selected Asian countries
• Cross-cultural issues in the dispute resolution process
• The roles of judges, lawyers and the courts in the alternative dispute resolution process
• An analysis and comparison of the dispute resolution processes in environmental and native land title disputes, with an emphasis on Australia, Canada and the United States
• Basic skills for successful negotiation and mediation, including theory and practical exercises.

View detailed information in the Handbook

The complexities of the commercial and technical environment in which construction projects are undertaken make disputes virtually inevitable. Participants in the industry – whether lawyers or industry professionals – therefore need to be aware of, and able to apply, a range of dispute avoidance and management techniques when putting together contractual documentation or administering projects. These options are constantly evolving, with recent examples including the increasing use of disputes boards and court-initiated procedures such as those being implemented by the Technology Engineering and Construction List of the Victorian Supreme Court.

In this class we discuss the active resolution of disputes in construction projects by mediation and other alternative dispute resolution processes, as well as international and domestic arbitration and litigation processes. Our subject also involves guest lecturers who have specialist, cutting-edge experience in dispute avoidance and alternative dispute resolution techniques.

Indicative list of principal topics:

• Construction contract provisions relating to disputes: Objectives, approaches and enforceability
• Conflict: Conflict patterns and management
• Communication and negotiation skills
• Dispute Avoidance Procedures (DAPs), Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and dispute resolution advisers (DRAs)
• Alternative Dispute Resolution (ADR): Mediation (including mock mediation), senior executive appraisal/ mini trials, non-binding and binding expert determination, domestic and international arbitration and hybrid and multi-tiered processes
• Selecting the most appropriate form of DAP and/or ADR processes
• Process dynamics, options and strategic issues, including paths to ADR.

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

View detailed information in the Handbook

Negotiation is an essential skill-set for lawyers and the legal profession. Due to negotiations by lawyers, many civil and criminal law cases are settled before the parties even enter the courtroom. Lawyers negotiate on behalf of their client with other lawyers as well as third party non-lawyers. Lawyers must also negotiate internally with their own client as well as other parties to reach consensus. Negotiations also occur in various forms, from traditional settings such as conference rooms and courtrooms, to non-traditional settings such as e-mail and social media communication. Thus, the ability for lawyers to develop and utilise a negotiator's toolbox to negotiate within and among a broad array of environments are essential elements of the legal profession.

Indicative list of principal topics:

• Sources and dynamics of conflict in domestic and international business contexts
• Strategic approaches to negotiation and deal-making
• Negotiation planning, objectives and measures of success
• Distributive, integrative and mixed-motive negotiation
• Negotiation theory and its application in professional practice
• Bias, influence and decision-making in negotiations
• Value creation, trade-offs and negotiated outcomes
• Negotiation tools, techniques and professional confidence
• The role of contractual terms in commercial negotiations
• Verbal, non-verbal and cross-cultural communication
• Perspective-taking, empathy and relationship management
• Ethical, cultural, economic, psychological and emotional dimensions of conflict and dispute resolution

View detailed information in the Handbook

This subject provides a broad overview of the range of dispute resolution options available to parties in relation to construction disputes, as well as detailed insights into the practical aspects and policy drivers of these options. It provides an opportunity to understand how to efficiently conduct construction dispute procedures in various Australian courts, arbitration (both domestic and international) and expert determination. It also engages with key industry debates about the rational reform of dispute processes in Australia and internationally. The lecturers bring extensive dispute resolution expertise to the subject and have been involved in many of Australia’s most significant construction-related disputes.

Indicative list of principal topics:

• Practice and procedure in the Supreme Courts of New South Wales and Victoria and the Federal Court of Australia, considering differences and assessing where best practice lies
• Evidence for construction cases—how to identify what is necessary for the principal claims that arise in construction cases (eg variations, delay, prolongation and latent conditions claims)
• Special issues relating to expert evidence and practical issues arising from the rules of evidence
• Pleading claims
• Problems with discovery and how they may be solved (this involves a review of the policy considerations that underlie the recent changes to the Federal Court Rules and the Victorian Supreme Court Rules, as well as practice in international arbitration)
• Managing the trial or hearing so that it is as efficient as possible
• The appeal process that is available
• The domestic arbitration legislative framework: how it can be used to improve the efficiency of dispute resolution
• Issues of proof in complex disputes, focusing on delay and disruption claims.

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

View detailed information in the Handbook

This subject explores the legal and policy implications of digital and AI-generated evidence in contemporary legal systems, with a particular focus on Asian jurisdictions. As technologies such as social media, digital surveillance, algorithmic decision-making, and generative AI become increasingly embedded in social and institutional life, courts and legal professionals must grapple with new evidentiary challenges. This course provides students with the tools to understand, critically assess, and apply principles relating to the collection, presentation, and admissibility of such evidence.

Our subject begins with foundational concepts, including the definition, preservation, and authentication of digital evidence, and moves toward more complex issues involving AI systems—such as explainability, reliability, and fairness. Students will examine how digital and AI-based evidence is used in both criminal and civil proceedings, and how legal systems are adapting through new rules, practices, and institutional arrangements.

Indicative list of principal topics:

• electronic discovery,
• metadata,
• deepfakes,
• algorithmic risk assessments,
• expert evidence in digital forensics, and
• comparative approaches to AI governance.

Our subject addresses broader ethical and policy concerns, such as privacy, bias, and accountability in automated decision-making. Emphasis is placed on doctrinal analysis and real-world case studies, with flexibility to adapt the depth and scope of topics based on student engagement and understanding.

This is a five-day intensive subject taught in English. While the course is comparative in scope, special attention is given to legal developments in Asian jurisdictions including mainland China, Singapore, Japan, Taiwan, and South Korea.

View detailed information in the Handbook

Discrimination and sexual harassment in the workplace represent an overwhelming majority of total complaints made to anti-discrimination authorities. Equality and discrimination at work remain pressing concerns for employees, managers and, more broadly, for society. Achieving equality is elusive and, indeed, the very meaning of equality is highly contested.

This subject explores the legal meanings of equality, with a focus on the frameworks through which Australian parliaments have sought to address inequality, discrimination and harassment. It examines federal and state laws that deal with discrimination, including the four federal laws, the Equal Opportunity Act 2010 (Vic) and the adverse action provisions in the Fair Work Act 2009 (Cth). Consideration is given to discrimination based on race, sex, disability, age and pregnancy and family responsibilities. The lecturers in this subject combine many years of academic scholarship in this area, engagement in law reform debates and practical client-focused legal advice

This subject provides an examination of the development and current scope of Australian equality and discrimination law, as relevant in employment and work relationships. It will focus on federal and Victorian jurisdictions.

Indicative list of principal topics:

• A study of the framework and key features of federal and state legislative provisions dealing with equality and discrimination in the employment context, including the Equal Opportunity Act 2010 (Vic), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth)
• An examination of the general protection provisions in the Fair Work Act 2009 (Cth), including redress for certain types of adverse action
• Debates regarding the meaning of equality, discrimination and other contested concepts such as choice, especially as choice relates to carer responsibilities
• The Charter of Human Rights and Responsibilities Act 2006 (Vic), and its potential impact in the interpretation of the Victorian Equal Opportunity Act
• Conciliation, dispute resolution and remedies
• Alternative regulatory regimes, including the National Employment Standards, equal remuneration provisions under the Fair Work Act, contract law and occupational health and safety issues such as bullying
• Current processes of legislative revision at federal and state level
• The potential for future developments in the field.

View detailed information in the Handbook

Expert evidence continues to play a major role in civil litigation and criminal prosecution, as well as in administrative regulation. Moreover, the field of expertise in law has become the site of numerous contemporary controversies over judicial standards for admissibility of expertise, how to evaluate the reliability of expert testimony and the ethics of experts and attorneys who present expert testimony. This subject is primarily a detailed examination of the law and policy of the regulation of expert evidence in Australia, as well as comparative reform movements of likely significance to Australia in the future, notably developments in the United States. The materials for the subject, most of which are from court files of actual cases, will emphasise the practical uses of expert evidence inside and outside the courtroom.

Indicative list of principal topics:

• The legal framework for regulating expert evidence
• Debate and controversies about expertise
• The admissibility of expert testimony
• Restrictions on the conduct of experts
• Use of expert evidence inside and outside courtrooms.

The above topics will be illuminated through the study of specific instances of expert evidence, conduct and regulation that have prompted change and reform or controversy in Australia or other countries, especially the United States.

View detailed information in the Handbook

International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries.

Indicative list of principal topics:

• The nature of international arbitration
• Applicable law in international arbitration
• The Australian procedural regime and an introduction to the UNCITRAL Model Law
• Enforcing international arbitration agreements
• Appointment and qualifications of arbitrators
• Misconduct of arbitrators
• Privacy and confidentiality
• Enforcement and challenge of awards.

View detailed information in the Handbook

This subject introduces the techniques and institutions used to manage and resolve international disputes, focusing on both diplomatic (negotiation, mediation, inquiry, and conciliation) and legal (arbitration and judicial settlement) methods. Students will explore historical and topical examples to analyse when, how, and with what effect states, corporations, and individuals have resorted to different forms of international adjudication or arbitration to settle disputes, and consider the extent to which powerful states such as China, France, Russia, the UK, and the US have embraced international dispute settlement. The subject analyses key issues that have arisen in cases across various substantive areas of international law, including decolonisation, investment, trade, climate change, human rights, nuclear testing, the law of the sea, the use of force, and territorial sovereignty. Students will become familiar with different dispute settlement bodies and mechanisms, including the International Court of Justice, investor-state dispute settlement mechanisms, the dispute settlement systems established by the World Trade Organization and the UN Law of the Sea Convention, and international human rights courts and tribunals. The subject concludes by examining and identifying emergent trends in, and challenges to, international dispute settlement.

Indicative list of principal topics

• The broad historical and political context of international dispute settlement
• The international obligation to settle disputes by peaceful means
• The role of diplomatic procedures, such as negotiation, mediation, and conciliation
• The International Court of Justice, including issues involving state consent to jurisdiction, reservations to the optional clause, the evaluation of scientific evidence, and the Court's advisory jurisdiction
• Investor-state dispute settlement, including issues relating to jurisdiction, the use of precedent, and the recognition and enforcement of awards
• WTO dispute resolution procedures and the challenges facing the Appellate Body
• Dispute settlement under the UN Law of the Sea Convention
• International human rights courts and tribunals
• Backlash against and reform of international dispute settlement mechanisms

View detailed information in the Handbook

International investment law regulates the entry and operation of foreign investment and is one of the fastest-growing fields of public international law. This subject begins by tracing the historical, political and economic causes for the protection of foreign investment across custom, bilateral and regional investment treaties. It then focuses on the unique system of dispute resolution in this field, which gives private (foreign) actors the right to pursue claims for damages against states. This subject also evaluates the impact of investment law across a range of core values, including public health, environmental regulation and the protection of human rights.

indicative list of principal topics:

• Nature, evolution and context of international investment law
• Overview of bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty and parts of the World Trade Organization (WTO)
• Scope of protection: definition of ‘investor’ and ‘investment‘
• Relative obligations of non-discrimination: most-favored-nation (MFN) and national treatment
• Obligation to accord foreign investors ‘fair and equitable treatment‘
• Expropriation and the quantification of compensation
• Arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention

View detailed information in the Handbook

Intellectual property (IP) occupies a central, if actively contested, place in international trade and political relations. * The COVID-19 pandemic saw widespread calls for international IP rules to be effectively suspended in the interests of global equity, while its defenders claimed the IP system was critical to a global response to the pandemic. National security issues and the fallout from geopolitical shifts are accentuating tensions over IP, which has become more than a trade or economic issue. Major disputes have arisen between the world's three major trading economies, China, the European Union and the United States, over how effectively IP should be protected. Developing countries contend with political and economic pressure when seeking to maintain and exercise policy space in their IP systems to pursue national development priorities. Australia has defended its tobacco plain packaging measures over how to reconcile IP protection with public health , with wider implications for how the public interest is to be balanced with private rights. Formal dispute settlement has had to address the relationship between national IP laws and measures for national security. The significance of IP as an investment asset has seen increasing prospect for disputes under investment treaties.

International disputes over IP are an unavoidable consequence of the much stronger focus on IP in assessments of national economic and policy interests. But will these disputes be managed within the framework of the rule of law, or does economic and political power ultimately prevail? This is not a new question. From the mid 1980s, a growing perception that inadequate or unbalanced IP protection was undercutting the economic interests of major economies made disputation about IP inevitable. The resulting tensions were a critical factor behind the inclusion of IP standards in the World Trade Organisation (WTO) system of multilateral trade law, in the form of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Rather than resolving disputes over IP protection through bilateral wrangling and unilateral pressure, the rule of law would be applied in a predictable, transparent and equitable way through the multilateral dispute settlement mechanism maintained by the WTO, building on the major conventions separately administered by the World Intellectual Property Organisation (WIPO).

Yet TRIPS has been followed by a sharp rise in the conclusion of bilateral and regional trade and investment agreements that establish alternative or complementary sets of standards on IP and mechanisms to resolve IP disputes. The result is an intricate array of overlapping substantive standards and parallel forums for dispute settlement. And the very notion of settling disputes with reference to a stable and agreed body of law, through transparent multilateral procedures, faces a renewed challenge. The WTO's dispute settlement system is partially paralysed: the formal avenue for appeal remains in suspension, and governments seek to bridge their differences over reform proposals.

This subject enables students to navigate this complex legal landscape and to deal with its consequences from three interlocking perspectives: the practice of dispute settlement practice, the legal principles and public policy implications, and international governance and the management of trade and political relations at a time of tension. This will cover key international cases, strategies for treaty interpretation and approaches to reconciling IP protection with other policy imperatives and with other legal and regulatory systems. The course will examine the implications of the COVID-19 pandemic and the international response to it, including proposals for a waiver of TRIPS obligations, and will address the public health dimension of dispute settlement. We will also consider the implications of the increasing reference to national security considerations in relation to IP law and policy, and recent disputes concerning enforcement of patents in critical areas of information and communications technology.

Indicative list of principal topics:

• A practical anatomy of international intellectual property conventions, standards and institutions, from the creation of the major multilateral systems within WIPO and the WTO, to the current trend towards bilateral and regional deals
• The political economy of international intellectual property: the economic, political and technological factors driving disputation over IP and the creation of competing dispute settlement mechanisms, and the contemporary challenges for the continuing rule of law as the basis for containing and resolving disputes
• The core principles of international IP law: IP principles and the idea of 'balance', the preservation of 'space’ for domestic law and policy, the integration of trade law and public policy principles into international IP law, and integrating human rights perspectives and sustainable development goals into readings of IP conventions.
• The distinctive features of international IP dispute settlement: cause of action, sources of law, remedies and challenges for treaty interpretation
• Dispute settlement practice and emerging TRIPS Agreement jurisprudence under the WTO: a survey of TRIPS disputes and the use of TRIPS in cross retaliation, and a close analysis of landmark disputes, including tobacco plain packaging cases, and cases touching on national security and critical platform technologies.
• The implications of the WTO Ministerial Decision on TRIPS in response to the COVID-19 pandemic and of proposals for a pandemic waiver of TRIPS obligations.
• The evolving architecture of bilateral and regional trade and investment agreements covering IP: the practical implications for treaty interpretation, for the initiation, management and settlement of IP disputes in multiple fora, and for domestic law and policy
• Compliance and monitoring of compliance: the institutional mechanisms, and the sources of information for practitioners and government officials, for legal and policy analysts and for scholars.

View detailed information in the Handbook

This subject will provide an interdisciplinary framework to discuss various aspects of the intersection between law, human behaviour and justice. The first part will be dedicated to developing a basic familiarity with the relevant principles of psychology and law and discuss the ways in which they interrelate. In the second part of the subject we will discuss different real life examples, involving judicial decision making, witness reliability, negotiations and more, in which the study of psychological concepts in the legal world plays out.

View detailed information in the Handbook

Mediation has become the likely forum for the resolution of most disputes – whether convened voluntarily, by contract, statute or court order – but its inherent confidentially makes it hard for outsiders to understand fully.

This subject will cover the majority of the material required for Accreditation under the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS), but also recognise that mediation needs to be understood by all involved, not just future mediators. In light of this, it will examine the roles of solicitors and barristers, other advisers and experts, and the parties themselves. It will do this through teaching by Andrew Moffat, who regularly mediates commercial disputes in Melbourne and Sydney, supplemented by guest lecturers who fill these roles in mediations.

It also recognises that mediation is – and must maintain – a uniquely flexible process capable of very different approaches based on the context of the dispute. Guest lecturers who are expert practitioners in other dispute contexts will share their insights.

Students will develop a sophisticated understanding of current mediation theory and practice, and learn to put this learning into practice as mediators and mediation participants, through extensive involvement in simulations. Finally, students will learn about the mediation industry and the business and career elements of developing a mediation practice.

Successful completion of this subject, and a complete attendance record to all sessions, is expected to be credited for two-thirds of Australian Mediator and Dispute Resolution Accreditation Standards training, under the auspices of the Resolution Institute, which will offer students the opportunity to study the remaining third required for AMDRAS accreditation.

Indicative list of principal topics:

• Mediation within the broader context of dispute resolution
• Moving from positions to interests
• Standard AMDRAS mediation model
• Key concepts – voluntariness and empowerment
• Triggers for mediation – optimising timing where possible
• Mediator skills and when and how to intervene
• Changing dynamics in joint sessions
• Mandatory mediation as public policy
• Typical participants and their roles
• Alternatives and options in private sessions
• AMDRAS structure and Standards
• Setting the scene – the opening statement
• Mediation challenges – complexity and ethical issues
• Optimising mediation in cross-cultural disputes
• Mediation as a career.

Note, all enrolled students will be expected to demonstrate a high level of English language proficiency in order to actively and effectively engage in interactive class discussions and activities.

View detailed information in the Handbook

Having recently passed the 30th anniversary of the landmark Australian medical law decision Rogers v Whitaker in 2022, medical litigation remains a vibrant and challenging field given the rapid pace of scientific and social developments that generate new challenges for the law. Many developments are at the core of individual importance - birth, reproduction and personal autonomy. The legal issues are wide-ranging, covering the existence of duties, what should be considered to be a breach of duty, the challenges of legal causation and the determination of appropriate compensation- all against a background of insurance affordability, medical treatment innovations and dispute resolution process changes.

This subject examines the framework of medical litigation, current challenges and issues on the horizon. The subject coordinator Bill Madden is a lawyer specialising in medical litigation, a co-author of two health law texts and a regular writer and presenter on medical law topics.

Indicative list of principal topics:

• The history and incidence of medical litigation
• The impact of recent legal and court-based reforms
• Duty, breach of duty and statutory defences / protections
• Consent, informed consent and treatment errors
• Factual and normative causation and the loss of a chance
• The changing framework of expert evidence
• Privacy and confidentiality issues
• Alternatives to fault based compensation
• Associated regulatory issues
• Coroners’ investigations and hearings.

View detailed information in the Handbook

This highly interactive subject will give students practice-relevant skills for negotiation and dispute resolution. Negotiating effectively involves being able to change the conversation, introducing collaborative approaches alongside competitive ones. The best negotiators are also skilled at structuring processes and listening beneath what is said. This program will introduce a proven framework for creating value and resolving disputes, informed by recent research and extensive practice. Using experiential approaches, case studies and simulations, participants will deepen their abilities to represent clients and negotiate across a range of practice contexts. Participants will have multiple opportunities to refine their negotiation and dispute management skills, and will learn a series of practical tools for dealing with difficult negotiation behaviours and hard bargaining tactics in diverse settings. This subject will be useful for those working on a wide range of complex issues in a range of contexts including commercial, environmental, public policy, construction and human rights.

Drawing on current interdisciplinary literature and case examples from practice, students will:

• Learn a proven, research-informed framework for dispute analysis and negotiation to address a range of disputes
• Understand the dynamics of intractable or complex disputes and a range of tools to address them
• Heighten their awareness of personal strengths and weaknesses as a negotiator and identify a personal path of development
• Gain problem-solving techniques to enhance possible solutions in complex negotiations
• Acquire skills for choosing the right process to craft durable outcomes
• Heighten their abilities to work across diverse contexts
• Practice and refine negotiation and dispute management skills toward more successful outcomes.

Successful completion of the subject will expand participants’ abilities for complex issue analysis, engagement and follow-up as negotiators, representatives and facilitators in negotiation and dispute resolution processes. Students will learn valuable skills of integrative thinking and creativity through experiential exercises and their final papers.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations.

Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society.

The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters.

Indicative list of principal topics:

• The nature, purpose and language of international law;
• Sources of international law;
• International legal personality, statehood and sovereignty;
• Jurisdiction of states and jurisdictional immunities;
• The responsibility of states for violations of international law;
• Peaceful settlement of disputes and the functions of the International Court of Justice; and
• Regulation of the use of force in international relations (jus ad bellum).

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students, International Law (LAWS70173) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

This specialist subject taught by leading members of the Victorian Bar specialising in tax, teaches all of the legal principles associated with tax litigation. It addresses the system of tax appeals, administrative and judicial review of decisions made by the Commissioner, evidence-gathering and the preparation of objections, tax appeal statements, affidavits, expert reports and legal submissions in a tax case. It explains how tax cases are tried and how they are dealt with at appellate level. It also covers the rulings system, the imposition and review of penalties and the Commissioner‘s rights of recovery. The focus of the subject is on the practical, and not theoretical, application of these principles.

Indicative principal topics include:

• Introduction and the appeals process under Part IVC of the Taxation Administration Act 1953 (Cth)
• Challenging an assessment, objections, objections decisions and appeal
• The audit process and the Commissioner‘s information-gathering powers
• Interlocutory steps for getting a case ready for trial, including the Federal Court Taxation Practice Note No.1
• Written advocacy—the different needs at various stages of the appeals process
• The hearing
• Use of expert witnesses
• Appeals to Federal, Full Federal and High Courts
• The rulings process
• Judicial review of decisions made by the Commissioner
• Recovery of tax.

View detailed information in the Handbook

The World Trade Organization (WTO) is at the centre of ongoing debates concerning sovereignty and development. Its dispute settlement system has been active in resolving a wide range of international disputes, with jurisdiction over some of the largest and most significant matters arising today. This subject offers a sophisticated understanding of the WTO and its dispute settlement system, including a detailed analysis of the fundamental principles and jurisprudence of WTO law.

Indicative list of principal topics:

• History and objectives of the WTO

• WTO dispute settlement

• Core obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994):

  • Tariff bindings
  • Non-discrimination (most-favoured nation (MFN) and national treatment)
  • Prohibition on quantitative restrictions

• Exceptions to WTO obligations, eg environment, health, public morals, culture, preferential trade agreements, national security, and special and differential treatment for developing countries

• Other WTO agreements, eg:

  • General Agreement on Trade in Services (GATS)
  • Agreement on Technical Barriers to Trade (TBT)
  • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)
  • Trade remedies (countervailing measures, anti-dumping measures and safeguards) and subsidies

• Current developments in the WTO

View detailed information in the Handbook