Master of Commercial Law

The emergence of Asia as an economic powerhouse is driving enormous interest in doing business in the region. This subject provides students with an opportunity to examine commercial law in an Asian context. Although parallels can be drawn between Asian jurisdictions in terms of their economic and legal development, their commercial law systems are too diverse to be treated uniformly. Instead, the principal objective of this course is to provide a focused analysis of selected legal and practical issues from comparative and economic perspectives.

In order to facilitate comparative analysis both across and within the common law and civil law traditions, this subject will focus on commercial law in the four jurisdictions of China, Hong Kong, Singapore and Taiwan. Basic economic principles will be introduced and utilised to evaluate the efficacy of the respective legal rules. Covered topics will include contract, business associations, corporate finance, and taxation. The subject will be of interest to those interested in doing business in Asia.

Indicative list of principal topics:

• contract
• business associations (including corporate governance)
• corporate finance
• taxation

View detailed information in the Handbook

Insolvency laws have developed significantly over the past few decades. No one still believes, as Napoleon did when discussing the French Commercial Code in 1807, that all insolvencies can simply be eradicated. However, insolvencies remain both a sign and consequence of economic turmoil, and insolvency processes can be optimised to reduce costs, save businesses and jobs, and even—on a wider scale—protect national economies.

Insolvency law has therefore become as crucial for economists as it is for lawyers, with considerable attention given to improving insolvency tools. This has resulted in global convergence of insolvency systems—in fact, all EU member states have recently reformed their insolvency laws by adopting common law-based principles. At the same time, legislators have recognised the importance of early intervention and prevention. Our field moves quickly and involves significant psychological impacts for people facing economic difficulties.

This subject aims to give you the skills and tools necessary to understand the main concepts behind insolvency procedures. We will focus on current problems and strategies in typical insolvency procedures, covering the main mechanisms that make insolvency systems efficient. We take a special perspective on EU systems with a focus on French law, while also making brief excursions into US law.

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CSIRO’s Data61 digital research network describes blockchain technology as ‘a revolutionary new approach to database management’ that will prompt ‘significant changes in existing Australian industries’. Yet, despite significant investments of time and money by institutions around the world, we still lack robust proof of social or commercial benefit. Several years have passed since Bitcoin’s ‘Genesis Block’ was mined, but that foundational use case—digital cash without traditional intermediaries—has not challenged the legacy payments infrastructure. Where blockchain-based assets are used as monetary instruments rather than investments, those transactions are atypical in subject-matter and frequency.

All of this begs the question: if the goal of blockchain technology is to eliminate ‘trusted third parties’, why is that something to aspire to? Is the answer to that question commercial or political? And, most importantly, is it correct? The aim of this subject is to answer these questions, and to do so by situating cryptoassets in their global context—as a matter of law, economics, politics and society.

View detailed information in the Handbook

Impact investing is a hot topic, championed as well as vilified globally. From charities to large fund managers, investors are looking beyond purely financial returns to tangible and sustainable impact. What does it take to be a responsible investor? What is the role of a lawyer with an impact fund, and what are the responsibilities of investors and managers? This subject explores both responsible and impact investing, highly dynamic and urgent topics in the transition to net zero and the challenge of the sustainable development goals.

The subject has a distinctly practical approach and is designed to assist students in developing the skills to assess, prioritise and negotiate impact transactions. We dig into the structuring, negotiation and documentation of impact investing across a broad spectrum, ranging from venture capital, direct and co-investments to managed equity funds. We also explore challenging and live legal topics such as corporate responsibility, fiduciary duty, disclosure obligations and impact washing.

Special attention is dedicated to how investors can generate meaningful and sustainable change in their engagement with investee companies and impact funds. Seasoned practitioners from across the market provide their insights as part of a valuable diversity in perspectives.

Indicative list of principal topics:

• Exploring impact and sustainability across private equity in the broadest sense, from venture capital and direct investments to managed funds.
• The wave of (hard and soft) relevant regulation, taking our cue for instance from EU sustainable finance directives on corporate responsibility and disclosure, to public policy and increasingly principles and best practices driven by market participants.
• Engagement of responsible (as well as activist) investors with investee companies and impact funds.
• Investor stewardship to help and drive change.
• The role of major institutional investors and sovereign wealth funds alongside NGOs.
• Reviewing and critiquing impact funds in practical case studies, lessons learnt from recent failures, and the toolbox of the responsible investor.
• Challenges to the credibility and growth of the impact investment market, and the role of market supervisors.
• The risk of ‘impact’ washing litigation for both investors and managers and how to mitigate or exploit it.

View detailed information in the Handbook

This subject involves the study and analysis of the structure, purpose and key provisions of market standard cross border lending documentation, including large syndicated credit agreements (governed by New York or English law). Students will focus on anticipating potential concerns and tensions in the negotiation process and will have the chance to review and study the key agreements and documents such as the credit agreement, guaranties, other ancillary documents, schedules, and document deliveries that they will encounter in practice. Students will also study the structure and standard documents used in the cross-border repo market and the securities lending market, two important international capital markets.

Over the past three decades, Professor Christian Johnson has taught and lectured on cross-border lending and capital markets in Australia, Europe, Asia, the Middle East, Africa, and North and South America. Currently, he is the Commonwealth Professor of Law and Business Advising at Widener University Commonwealth School of Law. Professor Johnson has presented and lectured at sovereign wealth funds, central banks, multilateral development banks, the University of Oxford, the London School of Economics, the National University of Singapore, and other prominent institutions. Professor Johnson graduated with his law degree from Columbia University, practiced for global law firms in New York and Chicago, and worked as a certified public accountant for Price Waterhouse prior to law school.

Indicative list of principal topics:

• The various structures and purposes of different cross-border lending transactions
• The key provisions and clauses found in cross-border lending documentation
• The key interbank credit markets
• The key differences between New York, English law and Australia in lending transactions
• The key clauses found in Australian/New York/English guarantees
• The key legal, credit and business issues in repo and securities lending transactions.

View detailed information in the Handbook

The Challenge of a Decade, if not our Generation. Can sustainable finance be the answer to climate change, poverty and inequality? The purpose of this subject is to immerse students in sustainable finance in international practice, from sustainable lending, green bonds, renewable energy, innovative structured products and impact investing. Across these markets, key legal concepts, structural features and documentation are covered in detail. By engaging in-depth, through term sheet negotiations, and pitches the students jointly develop the skills to assess, prioritise, challenge and negotiate these transactions.

The subject coordinator draws on his own experience in global sustainable finance, and invites experts from international law firms and organisations, to help you become ‘more than a lawyer’.

Indicative list of principal topics:

• The Sustainable Development Goals, the evolving regulatory framework of sustainable finance, and implementation by banks, development institutions, funds and corporates in international practice
• Understanding the structural features of sustainable lending, including sustainability-linked loans (SLLs) as well as inclusive finance, along with the relevant principles and contentious issues in negotiation
• Thoroughly analysing and comparing the green, blue, orange, social and sustainable bond structures and terms, including social impact bonds, bond linked to sustainable performance, as well as their challenges in practice
• Negotiating and mastering the negotiation of key terms of renewable energy project finance
• The implementation of impact investing in fund management and private equity, in day to day practice
• How structured finance can further sustainable goals, for instance through refugee finance, vaccine bonds, drought risk transfer and microfinance securitisation
• The litigation challenges in sustainable finance for both investors, issuers and ‘green’ rating agencies, for instance the risk of mis-selling ‘green’ products, and how to address this and other risks in documentation as well as through strategic means.

View detailed information in the Handbook

This subject examines the fundamental principles under Australian law relating to the provision of credit by financiers to businesses and consumers. The subject has as its focus the legal design of key financing transactions and the chief means by which financiers manage the risk of a borrower’s default or insolvency. The topics covered range from 'vanilla' loans supported by security interests and guarantees to more complex title-based transactions, including assignments, leases and securitisations, and the use of credit derivatives. The subject also discusses the Australian Personal Property Securities Act.

Indicative list of principal topics:

• The financier–borrower relationship and key governance issues in banking and finance transactions
• Building blocks of banking and finance transactions
• Law relating to guarantees and security interests
• Legal design of more complex banking and finance transactions

View detailed information in the Handbook

Historically a computer was “programmed” by a human utilising a precise set of instructions. Within this paradigm the computer was able to “process” information “fed” to it and produce a particular output based on such programming and information.

The human input was clear and transparent. As artificial intelligence (AI) has evolved in concert with the internet, cloud computing, big data gathering, data storage and data processing capabilities and the ubiquitous uptake of interactive smartphones and other “smart” devices, the relationship between the computer and direct and immediate human stewardship or control of outputs has become less readily identifiable. In turn this has given rise to significant legal issues.

There are substantial legal implications of AI which require ongoing, flexible and informed responses from lawyers and legal policy makers. This subject seeks to inform practicing lawyers, legal policy makers and non-lawyers in respect of those issues and how they might be dealt with.

Indicative list of principal topics:

• Introduction to AI. What is AI? Where is AI headed?
• The legal issues raised by AI
• The ethical issues raised by AI and particular applications of AI
• Overview of current AI legal reviews underway in the USA, EU and UK and Australia’s response to these reviews
• Intellectual property issues raised by AI
• Criminal liability in respect of AI
• Civil legal liability – examination of who is (or should be) responsible/liable for AI caused loss and harm.
• Mandatory insurance schemes for loss or damage caused by autonomous robots or AI
• The legal regimes governing use of AI in security, law enforcement and military contexts
• Privacy and confidentiality implications of AI

View detailed information in the Handbook

Whilst the High Court has recognised and applied an implied constitutional guarantee of freedom of governmental and political communication, speech on matters of public interest in Australia remains subject to a wide range of legal limitations, many of which would be struck down as unconstitutional in other common law jurisdictions. This subject explores the limitations on free speech that arise as a result of proceedings and processes initiated by arms of the state and prosecutorial authorities: legislative, executive and judicial, and from censorship of sexually-explicit material to restrictions applying to the advocacy of terrorism. Those restrictions profoundly affect the material that may be published by the media. It is the impact of the current restrictions on free speech on both the media and on non-media elements of civil society that are the focus of this subject. Taken individually and collectively, these regimes limit the access of Australians to speech that matters.

This subject provides an examination of Australian law affecting the media’s ability to report the courts, the executive and parliament.

View detailed information in the Handbook

This subject examines legal aspects of entertainment, an industry that has become largely internationalised. Technology now allows even local performers and distributors to reach audiences around the world, raising important issues and questions about which law applies in which jurisdictions. While some of these legal issues can be addressed in advance through agreements, doing so requires lawyers to have a firm grasp of the legal options available across multiple legal systems.

Consider the performer Rosé, born in New Zealand and raised in Australia. She is a member of the globally active K-Pop group Blackpink based in South Korea. As a group member and a solo artist, she operates across a range of legal environments and activities. Her legal team, and the lawyers for those with whom she works, must navigate complex international choice-of-law questions.

This subject pays particular attention to the United States, given its significant influence on global entertainment practices, while also examining questions of law in Australia and other jurisdictions. Case studies and examples are drawn from the fields of music, book publishing, visual and performing arts, and the various digital and physical media through which artistic content is distributed.

A central theme will be the relationship between artistry and industry – how creative expression is supported, shaped, and constrained by commercial imperatives. Entertainment lawyers typically represent either the artists or the business interests behind their work. The two sides’ short-term goals may differ, but they share the ultimate goal of bringing creative works to audiences while generating enough revenue to sustain the process.

Indicative list of principal topics:

• Distinction between the artistic entity (example: a band) and the legal entity (example: a partnership)
• Stakeholders inside and outside the industry, including fans
• Intellectual property and misappropriations: copyright and neighboring rights, moral rights, trademark rights, publicity rights, passing off, trade secret protection, and unfair competition
• Contracting in the entertainment industry such as licensing, joint ventures, publishing, concert touring, and character merchandising
• Technological developments, especially those involving digitalization and online platforms
• Jurisdictional questions and choice-of-law issues
• Privacy and publicity: what’s the difference? Do all countries treat them the same?

View detailed information in the Handbook

Information technology is critical to almost all modern organisations and processes. The development, acquisition and use of such technology raises a myriad of complex legal issues extending beyond conventional contractual issues and includes ownership rights, rights of use and risk management. This subject explores those issues with a particular emphasis on contracting and intellectual property issues associated with the development and sourcing of information technology products and services. Both lecturers are information technology lawyers who have had extensive practical experience acting for both providers and purchasers of such products and services.

Indicative list of principal topics:

• Overview of information technology and the Australian information technology development industry
• Alternate dispute resolution of information technology disputes
• Roles and relationships of the various parties to information technology agreements
• Copyright protection afforded to technology products and services, including online products and services
• Open source licensing arrangements
• Patent protection afforded to information technology products and services
• Employees and contractor rights and obligations in the context of the creation and development of information technology
• Software creation, development and exploitation
• Cloud services: risks and liability
• Database and content management issues
• Privacy issues associated with the development and use of information technology goods and services
• Risk allocation and management of information technology contracts (including insurance and escrow arrangements).

View detailed information in the Handbook

A free and independent press is a core component of any healthy democracy. National security too is critically important: it ensures the continued existence of the state and safety of its people. Over the course of the 21^st century, however, the relationship between press freedom and national security has been placed under increasing strain. This is certainly the case in Australia, where more counter-terrorism laws have been enacted than anywhere else in the world, and we remain the only liberal democracy lacking codified national protection for free expression or, relatedly, press freedom. In Australia and elsewhere, governments face the challenge of protecting national security without unduly encroaching on free speech, press freedom and other basic rights and liberties.

This course explores these challenges through a public law lens. By breaking down the nature and importance of press freedom (and related rights, liberties and democratic values) and national security, and understanding the processes and frameworks around each, this course equips students with the intellectual and research tools to critique the effectiveness and impacts of national security law and policy, and to advance arguments for and against reform.

Core themes of central importance in the modern national security and media environments emerge for discussion and debate.

Indicative list of principal topics:

• Who is the ‘press’? What is its role in a democracy, and what does press ‘freedom’ require?

• How far should governments go in protecting national security?

• How might basic values like free speech and public accountability be threatened and preserved in the national security context?

• To what extent does security require secrecy? Who should be responsible for determining what information ought to remain secret, and on what basis?

• Does the press have an oversight role to play in respect of national security agencies, actors and actions?

• How have, and should, governments respond to complex issues, including:

  • The publication of leaked security-classified information;
  • Public sector (including intelligence) whistleblowers;
  • Criminal prosecutions based on sensitive national security information;
  • Widespread use of encryption technologies (including by criminals and journalists), and;
  • The prospect of journalism-based defences to national security offences; and
  • The democratic need for government secrecy and accountability.

Course content focuses on Australia, though will also be given to developments in a global context, including for the major research essay.

View detailed information in the Handbook

The internet has given rise to new modes of communication. Services such as Netflix, Facebook and Google pose significant challenges for traditional models of communications regulation. At present, traditional media are arguably among the most heavily regulated sectors of the Australian economy, yet new media services go largely unregulated. This subject examines the conflict between traditional regulation of old and new media. Australia’s current regulatory arrangements arose in the 1990s and reflect the structure of the electronic communications industries at that time – focusing on the separate and highly prescriptive regulation of broadcasting and telecommunications. The current regulatory framework is fragmented and complex, and covers not only technical issues but also sector-specific competition, content and ownership rules. Since the 1990s, however, the communications environment in Australia has undergone a period of rapid and profound change. The emergence and ubiquitous adoption of the internet as a mass communications system has provided new opportunities for Australian publishers and audiences by dismantling traditional technological, economic and regulatory barriers to entry. From national security to sport, this revolution in communications has profound policy issues for national regulation in a global communications environment.

Indicative list of principal topics:

• What is communications law? (including different regulatory approaches)
• Regulation of communications services, including radio, television and internet services
• Australian content rules
• Control and ownership of broadcasting and communications enterprises
• Pay TV and the anti-siphoning regime
• Competition in telecommunications (including regulation of anti-competitive practices, NBNCo and the structural separation of Telstra)
• Interconnection law and policy
• Spectrum allocation (including licensing and spectrum auctions)
• Consumer protection issues
• Regulation of internet content
• Regulation of new services and technologies, including convergence of media and Australian content requirements.

View detailed information in the Handbook

The world's first feature-length film was thought to have been produced in Australia in 1906. The Story of the Kelly Gang told the story of Australia's most infamous bushrangers and received distribution in Britain and New Zealand as well as in Australia. From 1906 onwards, Australian films and television programs such as Picnic at Hanging Rock, The Castle, Shine and The Sullivans have helped to define the particular cultural identity of Australians. This subject explores the issues associated with the production, financing and distribution of such films and television programs, with particular reference to feature films and sport and drama television programming (including online programs of a similar episodic structure and duration expected by television audiences, but which are distributed by online streaming). The distribution of films and television programs has been radically re-shaped since the early 1990s with the development of the Internet and the advent of online streaming. Online streaming has raised both opportunities and challenges for producers of films and television programs and has increased the complexities of the commercial and legal issues which must be addressed in the context of the production, financing and distribution of audio-visual material.

The lecturers in the subject have worked as in-house counsel at an Australian television network, and in private practice acting for independent producers,adding to the practical relevance of the subject.

Indicative list of principal topics:

• Introduction to the changing landscape of the film and television industries in Australia and internationally
• Copyright clearance issues
• Moral rights
• Breach of confidence and privacy
• Sport on television
• Film financing, production and distribution
• Australian content regulation and the production of drama programming
• Production and broadcast of advertising on television
• Use of musical works and sound recordings in film and television programming
• Distribution and merchandising of film and television programming
• Employment and contractual arrangements for film and television personalities
• Copyright and other rights in television formats.

View detailed information in the Handbook

Privacy has been valued for centuries but now there is a resurgent interest in its protection as a result of new technologies, changing social norms and a rise of markets focused on the commodity value of information. Overlapping with the resurgent interest in privacy is a related concern about the management of data flows, especially on the part of government agencies and business organisations. The legal frameworks that deal with privacy and data protection have a long history but are coming under pressure to adapt to a more complex modern environment.

In this subject, you will pay particular attention to the scope and nature of privacy protection as well as appropriate limits and exceptions, the ongoing pressures for law reform, and the practical operation of privacy and data protection laws in Australia and comparable jurisdictions.

Indicative list of principal topics:

• What is privacy?
• Conceptual and legal definitional issues
• International and comparative privacy and data protection regimes
• Protection of privacy in general law in Australia and comparable jurisdictions
• The Privacy Act 1988 (Cth): regulation of personal information held by the private and public sectors
• State/territory (especially Victorian) legislative regimes for the regulation of personal information
• Current topics in privacy law such as privacy and the media, privacy and health information, online privacy, telecommunications and surveillance privacy
• Current reform inquiries and proposals and likely reforms.

View detailed information in the Handbook

One of the means by which firms may behave anti-competitively is by engaging in unilateral conduct that damages the competitive process and consumer welfare. Such conduct may be described in various ways in different jurisdictions, including as monopolisation, abuse of dominance or misuse of market power. However, the rules that apply to it share a common aim, namely to target conduct by firms with market power that is likely to harm competition and reduce consumer welfare.

Anti-competitive unilateral conduct generally involves conduct by a firm that has substantial or monopoly/monopsony power in a market and uses that power to implement a strategy that is likely to harm competition. Debates and divergence between jurisdictions in relation to unilateral conduct relate to the level of power that should trigger legal prohibitions, the types of strategies that are likely to have anti-competitive effects and how such effects should be established and assessed. In recent years, such debates have focussed on conduct by large firms in the information technology sector.

This subject explores the approaches used by competition authorities to address anti-competitive unilateral conduct. Differences in approach between jurisdictions are critically analysed. Building on learning in previous subjects, the subject examines what is meant by unilateral market power and the conditions that enable unilateral power to be used to implement an anti-competitive strategy. Unilateral conduct that gives rise to a competition concern may take various forms, the most common categories of which are analysed in detail in this subject. Such categories include conduct involving refusals to supply and predatory pricing. However, a difficulty in addressing anti-competitive behaviour of this type is that it is not readily distinguishable from highly aggressive competition. Given this, various tests that have been used and the evidence relevant to making this distinction are examined. Seminal decisions by competition authorities and courts as well as industry case studies are used to provide insights into the competition analysis of unilateral conduct.

Highlights of the subject include:

• Critical examination of the approaches taken to the design and application of unilateral conduct laws, drawing on examples from different jurisdictions around the world;
• In-depth case studies of unilateral conduct in a range of industry sectors with a view to ensuring students can properly analyse the rationales for such conduct and assess their likely effects on competition; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of unilateral conduct rules.

Important note on delivery

The teaching and learning activities in LAWS90066 Abuse of Market Power run online across an 8-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

Australia has a detailed and comprehensive consumer protection regime dealing with the supply of goods and services, including financial products, to consumers. Primary legislation is the Australian Consumer Law (ACL), found in Schedule 2 of the Competition and Consumer Act 2010(Cth); equivalent provisions in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) applying to financial services and products; and, for consumer credit, the National Consumer Credit Protection Act 2009 (NCCP Act). This subject explores the key features of the consumer protection regimes underlying the supply of goods, services and credit to consumers, along with the common law principles and policy imperatives that underpin these regimes. The lecturers include one of the Law School's private lawyers with specialist expertise in consumer law, and a leading practitioner in this field of law.

Indicative list of principal topics:

• Purposes of consumer protection law

• The regulatory toolkit

• Common law doctrines underlying the legislative regime

• Enforcement and remedial strategies.

• Key consumer protection regimes under the Australian Consumer Law, Australian Securities and Investment Commission Act 2001 (Cth) and the National Consumer Credit Protection Act 2009 including:

  • Misleading or deceptive conduct
  • Unconscionable conduct
  • Interest rate caps and responsible lending
  • The specific regulation of small amount loans
  • Unfair contract terms.
  • Consumer guarantees and implied terms

View detailed information in the Handbook

This subject will provide students with an in-depth understanding of the legal rules and economic principles underpinning the review of mergers and acquisitions in Australia. Around the world merger law is topical, with concerns about increased concentration and acquisition of potential start-up competitors, particularly in the fast-evolving digital space. In this subject you will examine how the competitive effects of different types of mergers are assessed in Australia, including the circumstances in which mergers may be authorised. We will examine the processes involved in merger review, as well as the penalties for contravention. The subject will also examine proposals for reform of Australia’s merger review laws and processes. As the Australian Competition and Consumer Commission (ACCC) continues to advocate for substantial changes to our nation's merger laws, this subject presents a unique opportunity to delve into the nuances of Australian merger law's current and potential future application.

Indicative list of principal topics:

• Merger law and processes
• The economics and analysis of horizontal, vertical, conglomerate and digital mergers and ecosystems
• Authorisation of mergers in Australia and other merger remedies Merger reform proposals
• Merger reform proposals

Important note on delivery

The teaching and learning activities in LAWS90287 Australian Merger Law run online across an 8-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

Cartel conduct is regarded as anathema to competitive markets and consumer welfare. Such conduct encompasses various forms of collusion or collaboration between competitors, the most serious of which involve fixing prices, dividing markets, restricting output and rigging bids. These categories of collusion have been shown to raise prices, reduce quality and choice, and stifle business responsiveness and innovation. They are also hard to detect, prosecute and deter. Tougher anti-cartel laws and sanctions have been a high priority for competition authorities in recent years. While there is a high degree of consensus around the world as to the core tenets of the prohibitions applicable to serious cartel conduct, there is a vigorous discourse amongst authorities, practitioners, business and academics regarding the most effective approaches to sanctioning and enforcement.

At the same time, not all agreements between business rivals are anti-competitive or detrimental to consumer welfare. Some, such as joint ventures or distribution agreements, may be driven by efficiencies or may be welfare-enhancing in other ways. Competition laws and their enforcement therefore need to distinguish between different types of conduct involving competitors based on their economic rationale and likely effects.

This subject considers the economic principles relevant to collusion (or horizontal restraints). Students examine critically and in-depth the main prohibitions and exemptions or defences that apply to cartel conduct and other types of collaboration between competitors. They explore who should be held liable for such conduct (companies and/or individuals) and what approaches are or should be taken to sanctioning (administrative and/or criminal). Finally, students explore and assess the effectiveness of the policies and tools that competition authorities deploy in detecting, prosecuting and deterring cartels, as well as learn about and analyse the vigorous debates that relate to private actions for damages arising out of such conduct.

Highlights of the subject include:

• Critical examination of the approaches taken to the design and application of cartel laws and sanctions, drawing on examples from different jurisdictions around the world;
• Use of the rich body of theoretical and empirical research relating to cartel conduct as well as analysis of actual cases and competition authority policy documents and guidelines to aid this examination; and
• Insights and perspectives from leading stakeholders such as competition authority officials and practitioners to assist students in grappling with the challenges posed by the design and enforcement of anti-cartel rules.

Important note on delivery

The teaching and learning activities in LAWS90074 Cartels run online across a 4-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

This subject offers an in-depth examination of China’s competition law regime, with a particular focus on the Anti-Monopoly Law, its implementing regulations, and landmark enforcement decisions. Since its enactment in 2007—and subsequent amendment in 2022—China’s competition law has undergone rapid development, positioning the country alongside the United States and the European Union as a major global competition jurisdiction.

Students will explore key areas of substantive and procedural competition law, including monopoly agreements, abuse of market dominance, merger control, administrative monopoly, and anti-monopoly procedures. This subject will also consider the application and the enforcement of competition law in evolving domains, such as intellectual properties and the platform economy.

Case studies will include milestone decisions from China such as those involving Qualcomm, Tetra Pak and Alibaba; and from the EU including Microsoft and Google, as well as Google and Apple from the US. These will be used to illustrate the practical operation of the law and its economic and political implications. We will also take a comparative analysis throughout the subject, enabling students to contrast the Chinese approach with that of other major jurisdictions, particularly the European Union and the United States.

This subject is designed to equip students with the critical tools necessary to navigate the regulatory landscape of China’s competition law—an increasingly indispensable competency for legal professionals engaged in global commerce and regulatory practice. Most important, it also aims to deliver student a comparative perspective on the major developments across the world.

Indicative list of principal topics:

• General introduction to competition law
• Monopoly agreements
• Abusing dominant positions
• Merger control
• Administrative monopoly and fair competition review
• Competition law enforcement
• Competition law and intellectual properties
• Competition law and platform economy

View detailed information in the Handbook

Digital markets are affecting many aspects of our lives, transforming products, services, terms of trade, and even employment markets. The rising importance of big data, algorithmic decision-making, and online platforms create complex regulatory challenges for ensuring that the digital markets increase welfare. Competition law has an important role to play in this digital eco-system. Accordingly, this subject explores the complex challenges that digital markets pose to competition law. To do so, this subject will first analyse the unique characteristics of the digital environment and how they affect market dynamics. It will then analyse the main challenges to competition law, including coordination through algorithmic interactions, market power based on big data, abusive conduct by platforms and intermediaries, and defining markets and market power in digital eco-systems. It will also explore the intersection between competition, consumer protection and privacy, which is raising important institutional questions for the allocation and coordination of regulatory responses. This subject will explore global developments in this complex and fast-moving field. Drawing on the latest literature and major cases and inquiries, it will equip students to critically engage with and meet the challenges posed for business and its advisors and for policymakers, regulators and law enforcers in digital markets.

This subject is led by two of the world’s competition law experts, with particular expertise in the regulation of digital markets.

indicative list of principal topics:

• Analysing the special characteristics of digital markets and the unique market dynamics they create, including:
• Defining Big Data
• Analysing the dynamics of Big Data markets, including entry barriers and network effects
• Exploring advancements in algorithmic decision-making, including machine learning and deep learning
• Debating the competitive significance of algorithmic decision-making based on Big Data
• Exploring the role of digital intermediaries, including platforms, in the digital eco-system
• Analysing the unique challenges that digital markets pose to competition law enforcement, including:
• Increased coordination through algorithmic interactions
• Market power based on big data
• Abusive conduct by platforms and intermediaries
• Defining markets and market power in digital eco-systems
• Big Data and merger review
• Challenges created by the bundling of different products and services in the digital eco-system
• Analysing the intersection between competition, consumer protection and privacy

View detailed information in the Handbook

Competition Law is an area of law with mixed legal-economic content. The central disciplinary underpinning of competition law is economics. It is therefore essential that those practising in this field, whether as legal advisors to business, competition authority staff, or members of tribunals or courts have a solid grounding in the economic theories, concepts and techniques that underpin the policy, law and enforcement in this field.

This foundational subject introduces students to the history and spread of competition law across the world over the last century and to the range of objectives, influenced by various economic schools of thought, that have informed its development in different places and at different times. It ensures that students are well-versed in core economic vocabulary, concepts and frameworks and the ways in which they are translated into categories of legal prohibitions and enforcement approaches, common to all competition systems.

The subject sets the foundation for the course, providing crucial groundwork that will equip students to confidently tackle the economic content of the remaining subjects in greater detail. While the subject includes material with basic numerical equations, examples and diagrams, it does not require students to have advanced mathematical or statistical background knowledge or skills.

Highlights of the subject include:

• Practical application of economic concepts and techniques through problem-based learning activity; and
• Expositions and insights from leading economists and practitioners on various aspects of economics and the role of economists in competition law and practice.

Important information about this Subject

This subject is a pre-requisite for some competition and consumer subjects in the Melbourne Law Masters. We recommend students enrol in this subject when they first start their program of study.

Students who do not have a law degree from a common law jurisdiction must also complete Fundamentals of the Common Law (LAWS70217). It is strongly recommended this subject be taken towards the start of the course.

Important note on delivery

The teaching and learning activities in LAWS90065 Competition Law and Economics run online across an 8-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

This interdisciplinary subject will examine the relationships between international trade and competition policies from both legal and economic perspectives. The subject will focus on anti-competitive practices of an international scope and how they may be addressed by trade and competition rules. It will canvass the tensions and complementarities between these two areas of policy, as well as incorporate general public policy, commercial diplomacy and institutional considerations. In addition, anti-dumping/safeguards law and practices and how they relate to competition law will be taken up and their link with market access opportunities explained.

The course will cover the interface between international trade and competition policy and include a discussion of the various initiatives to address international competition law problems, and options to regulate competition law in the World Trade Organization and through other means. Contemporary issues driving new initiatives to reform the World Trade Organisation, the Comprehensive and Progressive Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership and the Regional Comprehensive Economic Partnership will be discussed.

Indicative list of principal topics:

• Introduction to trade and competition policies: key definitions, concepts, contexts and interdependencies
• Framework for trade liberalisation: a review of trade theories, trade policy, rent seeking, lobbies, corruption and incentives
• Principles of the trading system: most-favoured-nation, non-discrimination, national treatment, prohibition of quantitative restrictions, prohibition of dumping and subsidies, anti-dumping actions and countervailing measures, General System of Preferences (GSP) for developing countries, regional trade arrangements
• Principles of competition policy: theoretical models vs competition restrictions in real world, including dominance, strategic behaviour, anti-competitive mergers, horizontal and vertical agreements and government restrictions
• The interface between the competition and trade policies: comparison of analytical approaches used by competition law and trade policy, including in relation to market definition, harm assessment, remedies, sanctions, countervailing and retaliation measures, dispute resolution, arbitration and judicial review.

In addition to lectures, group discussions and student presentations, case studies drawn from the WTO Dispute Settlement Body will be used to show “real world” examples of the challenges policy makers face in resolving cross border trade and competition issues.

View detailed information in the Handbook

In this capstone subject students will conduct in-depth research and produce a substantial research paper on a topic relevant to competition and consumer law. Students will be individually supervised in their research by a subject coordinator, including in relation to the identification of their research topic and methodological design. It will be open to students to formulate topics and draw on methods aligned with their disciplinary background and interests.

Students will be expected to undertake a project that investigates research questions and draws on research methods informed primarily by their particular disciplinary background.

Students will master sophisticated research and analytical techniques in conceptualising research frameworks, drawing on and synthesising extensive theoretical and comparative material to enrich their analysis and conclusions and exploring at an advanced level the legal, economic and practical implications of their findings. The subject will involve students in presenting their research project and being tested by an expert on their research methods, analysis and conclusions in an online workshop.

Note: This capstone subject is only available to students admitted to the Master of Global Competition and Consumer Law or the Master of Laws who have completedCompetition Law & Economics LAWS90065 and at least three other subjects from the Global Competition and Consumer Law specialisation.

Important note on delivery

The teaching and learning activities in LAWS90073 Research in Competition & Consumer Law run online across an 8-week extended study period.

This subject will primarily feature asynchronous online learning activities, including discussion boards. In addition, there will be 2-3 essential live online classes delivered by the subject coordinator.

Make sure to check LMS Canvas for the latest information on the subject schedule, webinars and discussion board activities.

View detailed information in the Handbook

This subject is explicitly aimed at enhancing students’ ability to make a significant contribution to the ongoing development of construction law in Australia and overseas. The emphasis is on analysing and testing cutting-edge case law, commentary and other legal developments in the classroom and via research papers.

In addition to the core areas of time (including delay claims methodologies), workscope/variations, defective work and security, detailed treatment is given to extra-contractual remedies such as those under the Australian Consumer Law and those based on unjust enrichment and negligence.

Indicative list of principal topics:

• Time: risk allocation, delay, liability for delay, extensions of time
• Methods for assessment of delay
• Concurrency, causation, damages and additional cost, assessment and analysis
• Prevention and liquidated damages: recent developments
• Scope of work: variations, adjustments under the contract
• Quality: measure of quality, identification and breach of required standard
• Assessment of quality and damages
• Security: for performance and for payment, access to security
• Australian Consumer Law: application in construction, tender documents
• Passing on of misleading and deceptive documents, unconscionable conduct, remedies
• Interpretation of contracts
• Equitable remedies
• Restitution: unjust enrichment, statutory exclusion, quantum meruit
• Payment: progress payments—certification and adjudication
• Negligence in construction.

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

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

This subject is designed to develop and enhance students’ abilities to draft, analyse and administer construction contracts at an advanced level. It does this by reference to three themes.

The first theme is the common law approach to written contracts. This begins with the techniques that courts and arbitrators use to interpret express contractual terms. It extends to the processes that courts and arbitrators follow to determine whether a contract includes any implied terms. This knowledge is vital throughout the life of construction projects, from negotiations, to contract administration, to formal disputes. Students will explore the relevant law by close reference to leading cases from Australia and the common law world.

The second theme is good legal writing. The focus is plain language drafting and its principles of structure, simplicity and clarity. These principles apply to formal contractual drafting, but also to the drafting of contractual specifications and everyday correspondence. There will be opportunities for students to apply these principles.

The final theme is the rigorous study and comparison of standard form construction contracts, including a Standards Australia contract and a FIDIC contract. Students will be expected to take a critical approach to the drafting and risk allocation of each contract. The main areas of risk allocation considered will include:

• Performance security
• Latent conditions
• The superintendent
• Quality and defects
• Time
• Variations
• Payment
• Dispute resolution

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 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

To provide valuable advice to clients in the construction industry, lawyers need an integrated understanding of the legal and technical aspects of this specialised area of practice. This subject is designed to build such an understanding and to expose students to a wide range of construction law-related topics in an interdisciplinary mode. Students will learn about the key legal principles that are specific to construction law (from project inception through to dispute avoidance and resolution) and their interaction with the technical underpinnings of construction practice. In addition to classroom discussion, students have the opportunity to see principles put into practice through construction site visits and detailed case studies.

The subject lecturers bring to the classroom a combined, multi-disciplinary experience of decades in advising clients in the construction industry

A range of topics is covered in an interdisciplinary mode, integrating a detailed case study and site visit.

Indicative list of principal topics:

• Setting up the project: delivery methods, standard forms, subcontracting, costing, risk mitigation (including insurance and performance security)
• Key technical principles: construction technology, engineering services and structures, geotechnical engineering (including the legal treatment of latent conditions), sustainability and building information modelling
• During the project: contract administration, time and programming, payment, variations, major plant deployment, cost control, dispute avoidance and resolution.

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 provides a detailed overview of construction law, practice, and dispute resolution in five representative Asian jurisdictions: the People’s Republic of China, Taiwan, Hong Kong SAR, Singapore, and South Korea. Through detailed explanation, analysis and case studies, students will gain an advanced understanding of the key features of these topics in each jurisdiction, both in isolation and in a comparative context.

Students will develop their capacity to operate and advise in and across these jurisdictions as well as deriving lessons for application in their home jurisdictions with reference to:

• Foundations of international business operations, infrastructure development, financing, and legal frameworks, with a focus on Asian markets and global dispute resolution trends.
• Hong Kong's legal and contractual landscape, dispute resolution mechanisms and the NEC (New Engineering Contract).
• Singapore's business, legal, and development landscape, public-private collaborations, and sustainable practices.
• Taiwan’s legal framework, risk management, procurement, and dispute resolution mechanisms.
• Korean construction law and practice, industry fundamentals, procurement and contracts, civil law, and public-private partnerships.
• Legal, regulatory, and operational aspects of doing business and carrying out construction projects and resolving disputes in China.
• Detailed case studies on financing, construction, and dispute resolution for the Beijing No. 4 Metro Line, Seoul's Anhwa school project in South Korea, New Engineering Contract (NEC) water and road projects in Hong Kong, Taiwan's High-Speed Rail project connecting Taipei and Kaohsiung, and the Singapore Sports Hub project.

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

Risk and insurance are at the heart of all construction projects, yet their role and detailed provisions are often misunderstood, leading to significant losses and disputation. The already-sophisticated contracting landscape has, in recent years, been made significantly more complicated by the introduction of proportionate liability reforms. This subject will examine these issues with particular emphasis on how risk can be managed to minimise losses.

The lecturers are expert navigators in relation to these complex issues. They have leading-edge expertise in advising on risk, security for performance and insurance in the construction context.

Indicative list of principal topics:

• Identifying risk in a construction project and how various industry participants (including principals, contractors, designers, professional advisers, insurers, security providers, and statutory and government authorities) may bear responsibility
• Philosophies and commercial drivers affecting risk allocation in construction contracts and consultancy agreements, and how these are reflected in standard forms
• Security for performance mechanisms, including cash retentions, unconditional undertakings, parent guarantees, insurance bonds, adjudication bonds and other instruments
• Insurance products available to the construction industry (including public liability, works insurance and professional indemnity insurance) and the law relating to them, including regulation by legislation, common law principles and treatment under standard-form construction contracts and consultancy agreements
• Proportionate liability regimes (including Part IVAA of the Wrongs Act 1958 (Vic)) and their impact on contract risk allocation.

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

Increasingly, construction lawyers and professionals earn their living working internationally. In so doing, they not only transition legal systems and encounter different approaches to their practice, they also become exposed to the challenges of working with stakeholders from different national cultures.

National culture is seen as a contentious, intangible and immutable phenomenon, particularly in the international construction sector, and is often only considered at a superficial level and very often consigned to the “too difficult tray”. This subject provides an in-depth understanding of the influence of national culture in the context of a number of troublesome issues that repeatedly manifest themselves on construction projects whether in relation to procurement strategies, commercial risk management, time and money claims or dispute resolution.

The subject

• explores the necessity for national culture (and culture more broadly) to be considered in the adoption of potential solutions to these troublesome issues;
• explores the hegemonic theories relating to national culture and explain why these theories are of limited efficacy in relation to many of the troublesome issues on international construction projects;
• unravels the tangle of national culture complexity that industry practitioners often experience on international construction projects and will provide students with a theoretical construct to enable them to manage these troublesome issues more effectively; and
• sets out a theory, grounded in industry, that enables students to understand whether or not national culture is the root cause of the problem and, if not, what the potential solutions to the problem might be.

Using innovative teaching and learning approaches (including Object Based Learning and Rich Pictures in Construction Law), this subject explores the troublesome issues that manifest themselves on international construction projects from an industry-focused global perspective.

The subject will draw extensively upon authentic research and industry experience that captures global perspectives on the subject matter including the use of live case studies from projects in Asia, Europe, the Middle East and South America.

Indicative list of principal topics:

• National culture and the tribal nature of the international construction industry.
• The critical analysis of different procurement strategies and contractual arrangements on international construction projects and the potential for a more collaborative approach.
• Commercial risk management on international construction projects, including: choice of law, unforeseen or latent conditions, liquidated damages, caps on liability, consequential loss and dispute resolution mechanisms.
• More effective approaches to the preparation and evaluation of time and money claims on international construction projects including forensic delay analyses.
• The potential of the digital transformation, in terms of, for example, Smart Contracts, Building Information Modelling (“BIM”) and other digital / sociolegal interventions to change the culture of the international construction industry in a construction law and practice context and how the digital transformation and these interventions could be utilised to avoid and resolve disputes.
• The influence of national culture on the commercial and legal aspects of international construction projects and the application of a constructivist grounded theory approach to enable practitioners to manage the perceived challenges of national culture more effectively.

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

Cross-border construction contracting, and the avoidance and conduct of international construction disputes, has a distinctive character and content.

Lawyers and industry professionals need to be familiar with the differences between legal systems and the impact of statutory law, the key issues in the international financing and procurement of projects, the range of standard form international contracts available for various delivery methodologies, along with the intricacies associated with those processes in an international context.

As well, this subject provides detailed treatment of both dispute avoidance techniques used in international projects and an introduction to the principles and practice of international arbitration in the construction context.

Indicative list of principal topics:

• Discussion of the key differences between common law and civil law, and how they impact on the practice of construction law in different jurisdictions
• The role of statute law applicable to the construction site, such as security of payment and lien legislation
• Key issues in the financing and delivery of international construction projects, including alternative financing such as PPP
• Analysis of international construction contracts including an examination of contracting models and standard-form contracts for international construction projects (including the International Federation of Consulting Engineers (FIDIC) suite and collaborative contract models)
• Key elements of contractual risk allocation including project security (bonds, letters of credit, and guarantees), insurance, regulatory risks, political risks, etc.
• An examination of international bodies dealing with the determination or resolution of international construction disputes
• An introduction to the jurisdictional, applicable law and procedural framework for the prosecution, determination and enforcement of construction disputes through international arbitration
• Identification and consideration of contractual and extra-contractual alternative dispute resolution (ADR) and dispute avoidance procedures (DAPs) in the context of international construction.

If this area of study interests you, LAWS70139 International Construction Law, LAWS70450 Global Perspectives on Construction Law and LAWS70314 Principles of Construction Law have both been designed to cater to students from a variety of backgrounds.

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

Payment has always been at the heart of construction contracting, and payment disputes have been—and remain—at the centre of construction law case law. This subject aims to provide students with a detailed understanding of the contractual procedures for payment and associated issues such as set-off. Its major focus is upon the ‘security of payment’ reforms of recent years. This state and territory-based legislation was designed to simplify the payment stream and disputation yet, in practice, has spawned hundreds of court cases, further complicating the contracting landscape for construction projects. The lecturers are based in the two states that have been at the forefront of the reforms—Queensland and New South Wales—and are therefore well-placed to guide students through this area of law.

Indicative list of principal topics:

• Payment processes under construction contracts, including treatment under standard forms and the impact of the security of payment legislation enacted in various jurisdictions
• History and policy underpinnings of the security of payment legislation, including comparison of the regimes in Australia, the United Kingdom and New Zealand
• Processes to resolve payment disputes, including those under security of payment legislation (with detailed consideration of bases for judicial review of such processes)
• Associated issues, including set-off, securing payment to workers and subcontractors, and means of dealing with the consequences of late payment.

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 is designed for construction law students without prior legal training (the alternate subject LAWS70176 Construction Law is for students who have a law degree). It provides an overview of the broad spread of the construction law curriculum, from the statutory and common law landscape through legal aspects of project procurement and contracting to dispute avoidance and resolution options. This subject also provides detailed treatment of legal issues specific to construction law such as variations, quality, time and payment. The seminar format is supplemented by exercises to develop students’ skills in contract preparation and writing legal hypotheticals, and includes sessions on construction law research tools and techniques.

Indicative list of principal topics:

• Overview of the regulatory regime for construction contracting
• Causes of action in construction disputes
• Contracting methodologies
• Contract administration: standard forms of contract, tendering, contract preparation and minimising legal exposure
• Role and liability of superintendents
• Issues relating to sub-contracts
• Variations
• Quality of work
• Latent conditions
• Time, programming and liquidated damages
• Contractual mechanisms for payment and security of payment legislation
• Security for performance
• Insurance
• Dispute avoidance procedures and alternative dispute resolution
• Construction litigation and arbitration (domestic and international).

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

Private sector involvement in the financing, delivery and operation of public infrastructure is nothing new; it is, however, constantly evolving. The public appetite for social and economic infrastructure is insatiable, yet must constantly be tempered by economic constraints. Alongside the increasingly sophisticated and internationalised market for funding and technical capacity, there has been in recent years a renewed focus upon the policy bases for public private partnerships (PPPs) by governments and the broader community. Navigating all this in its legal context is one of the great ongoing challenges faced by the infrastructure industry and its legal advisers. This subject is designed to equip students to respond to this challenge.

Indicative list of principal topics:

• Historical perspectives on private involvement in the delivery of public infrastructure, how it has changed over time and lessons learnt.
• The PPP family, and the different categories of PPPs within the family.
• The differing objectives of the various participants in a PPP.
• The benefits and challenges associated with privately financed PPPs, and how PPPs can be improved.
• The role of Australian governments (Federal, State and Territory) in PPPs. How PPP policies fit within the broader government policy framework for investing in and managing infrastructure assets.
• The role of government in developing nations in creating a PPP enabling environment.
• Funding and financing mechanisms, including government funding, private finance and value capture.
• PPP risk allocation, including how it is evolving in response to current trends and pressures in the Australian market.
• The matrix of contractual documents required for a privately financed PPP, including Government Project Agreements, Debt Financing Document, Equity Documents, Sub-Contracts, Tripartite Deeds, Interface Agreements and the like.
• The procurement process for PPPs, including how to manage a PPP bid.
• Dispute resolution on PPP projects, including linked claim provisions and equivalent project relief provisions.
• Other legal issues unique to PPPs including the legal enforceability of abatement regimes, the application of security of payment legislation, ipso facto provisions, transparency and disclosure obligations.
• Managing PPP contracts through the delivery, operation and handback phases.

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

Construction projects produce difficult legal questions about remedies. Practitioners need to be confident in their understanding of the remedies available under many causes of action. This understanding is greatly beneficial in construction disputes, but also in the negotiation and drafting of construction contracts. The lecturers’ experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers.

Indicative list of principal topics:

• Damages for breach of contract (including for defective work)
• Penalties (including liquidated damages)
• Remedies under the Australian Consumer Law
• Quantum meruit claims
• Remedies for proprietary torts
• Equitable remedies for breach of fiduciary duty
• Temporary injunctions

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

Every year, about half of the value of construction activity in Australia relates to the construction and renovation of dwellings. The law relating to this activity is complex and multi-layered, involving difficult policy questions and significant statutory and regulatory intervention. These impact throughout the community. Despite this, residential construction law has, until recently, received relatively little attention from the majority of construction law practitioners. This subject seeks to address this deficiency and introduce students to an evolving area of construction law in a comparative context. Its focus is on Australia (primarily Victoria) but perspectives are offered from other members of the common law family of legal systems. The subject lecturers are Dr Matthew Bell (whose PhD was on residential construction regulation) and Suzanne Kirton (Judge of the County Court and Vice President of VCAT, with extensive practising experience in residential construction law).

Indicative list of principal topics:

• The regulatory problem of residential construction
• Common law rights and remedies
• The legislative and regulatory response
• The contractual matrix for residential construction
• Key issues in bringing residential construction claims
• How a residential building dispute is resolved in Victoria

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 will explore construction project risk in an expansive and holistic way, offering students the opportunity to understand the political and commercial drivers that not only inform the allocation of risk but, also, influence the culture of the construction industry more generally. As many recent studies have highlighted, it is these cultural issues which are at the heart of many of the ills faced by construction procurement; this subject provides a uniquely valuable opportunity to diagnose those ills and to consider ways of addressing them.

Students will study what construction and project risks are, as well as (often overlooked) behavioural and documentation risks. Students will develop an understanding of the various approaches – philosophical, theoretical and commercial – for measuring and allocating risks between the parties involved in a construction project.

The subject encourages students to contemplate reform in the way that the construction industry approaches risk by interrogating whether current construction law, construction contracts and habits and behaviours are adequate and appropriate for the efficient and cost-effective management of risks.

Indicative list of principal topics:

• What is ‘risk’?
• Philosophy of risk allocation
• Stakeholder views of risk (private sector principal’s, government’s, economists’, contractors’, consultants’, financiers’ etc)
• Collaborative risk management
• ‘Megaproject’ risk (including public private partnerships)
• The insurance interface
• Emerging risks (eg pandemics, climate change, trade wars)
• Industry behaviour and culture

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 focuses on the legal context and considerations of property, crime and financial liability insurance, including categories of loss and liability, disputed coverage and claims handling issues.

The course is relevant to operational business risk management and will cover insurance products such as material damage and resultant business interruption, public and products liability, professional indemnity, errors and omissions, crime and trade credit insurance.

This subject has an Australian focus.

Indicative list of principal topics:

• What is insurance and how does it work? How does it compare/contrast with other modes of risk transfer/funding?
• Commercial property and business interruption insurance
• Public and product liability insurance: the nature of "occurrence-based" liability insurance
• Financial liability insurances, professional indemnity and directors & officers insurance (PIDO), errors and omissions insurance (ENO), civil liability
• Trade credit, insolvency insurance and cyber-risk insurance
• Strategies and tactics for dealing with insurers: resolving underwriting and claim disputes

View detailed information in the Handbook

Corporate governance is of national and international importance. This subject examines the law relating to corporate governance, particularly the duties and responsibilities of company directors and other officers, primarily from an Australian perspective but also considering the approach taken in other jurisdictions. It has a focus on listed companies and the relationship between governance and control.

Indicative list of principal topics:

• Overview of the current framework of corporate governance and the duties of directors and other officers

• The role of industry corporate governance guidelines including the Australian Securities Exchange (ASX) Corporate Governance Principles and Recommendations

• ESG

• Disclosure

• Remuneration

• The division of power between the board and the general meeting

• Corporate control and governance

• Directors’ duties, including:

• • Who is subject to duties?
  • To whom are duties owed?
  • Duties to act with care and diligence, in the best interests of the company, and for a proper purpose
  • Duties to avoid conflicts of interest and account for secret profits
  • Statutory duties
  • Consequences of breach and relief from liability

View detailed information in the Handbook

The law of corporate insolvency plays a significant role in a modern economy. Recent economic downturns, coupled with high-profile corporate collapses, have emphasised its importance. But several parliamentary and other enquiries have highlighted its shortcomings, and the effectiveness of recent law reform initiatives remains to be seen.

This subject is of particular relevance to practitioners whose work involves insolvency and related issues—whether from the ‘back end’ (eg litigators) or ‘front end’ (eg transactional, banking or property lawyers).

Indicative list of principal topics:

• Foundations of insolvency law: history, philosophy, policies and principles
• The meaning of “insolvency”; winding up, the powers and functions of liquidators
• Distribution of assets: pari passu; the ranking of claims; priority creditors; the effect of security
• Avoidance of antecedent transactions; combatting “phoenix” activity
• Insolvency of corporate groups: directors’ duties; insolvent trading; pooling
• Voluntary administration and deeds of company arrangement (DOCAs)
• Receivership: intersection with other insolvency regimes
• Restructuring and rescue: schemes of arrangement, DOCAs, and informal mechanisms.

As well as the subject prerequisites, students are expected to have some background knowledge of the subject matter before enrolling. Prospective students should have previous study in corporations law or have undertaken substantial pre-subject reading. It is recommend that students have a general familiarity with the formal regimes (i.e. liquidation, administration and receivership) and relevant statutory provisions as a backdrop against which to consider the topics and issues we will cover.

View detailed information in the Handbook

This subject focuses on the law and practice of complex corporate transactions, including debt and equity financings, amalgamations, acquisitions, divestitures, schemes of arrangement, and corporate restructurings. Special emphasis will be placed on the analytical, drafting, and negotiation skills central to serving as a transactional attorney.

The jurisdictional focus will be Australia, Canada, and the United States, as well as other common-law jurisdictions.

Notwithstanding this subject’s practical orientation, discussion and materials will also address legal, economic, and even political theories that can help us understand how corporate transactions are structured and executed.

Indicative list of principal topics:

• corporate governance;
• corporate finance;
• venture capital;
• mergers and acquisitions;
• asset and share purchase agreements;
• amalgamations and schemes of arrangement;
• takeover bids;
• defensive tactics;
• further market considerations.

View detailed information in the Handbook

This subject examines the law governing the registration, regulation and termination of corporations in Australia. It will explore a range of theoretical and practical issues concerning the corporation and its participants, with a particular emphasis on corporate law in practice.

Indicative list of principal topics:

• Introduction to the historical, theoretical, legal and constitutional basis of corporations and corporations legislation
• The corporate constitution
• Financing the corporation
• Directors’ and officers’ duties
• Shareholders’ remedies
• Aspects of corporate insolvency.

View detailed information in the Handbook

White-collar crimes differ from the popular conception of 'crime’ as involving the most unambiguously blameworthy sorts of conduct in which citizens can engage. This subject will examine how these crimes are dealt with under Australian rules on criminal responsibility, procedure, proof and punishment. It will also consider the various other enforcement options available to regulators to sanction similar (or the same) corporate misconduct, including negotiated outcomes, administrative proceedings and civil enforcement.

Adopting a comparative perspective (between Australia and relevant overseas jurisdictions, such as the United States), this subject will examine the major policy questions in the area of white-collar crime and regulatory enforcement, including (1) compliance or deterrence; (2) how to achieve corporate behavioural change; (3) the role of reputation in punishment; and (4) choosing between individual or corporate liability.

The subject will be of interest to government lawyers, corporate counsel and litigators - anyone who is interested in the often blurry lines that distinguish criminal from non-criminal behaviour.

Note that this subject includes an advanced analysis of aspects of Australian criminal law. The classes and the take-home examination assume a prior knowledge of Australian criminal law as taught in the core curriculum of Australian law degrees.

Indicative list of principal topics::

• The theory and policy of white-collar crime and regulation
• Corporate criminality and individual liability in an organisational setting
• Processes, proof and sentencing for business and organisational crime
• Advanced examination of criminal offences in the Corporations Act 2001 and the interaction of those provisions with the Criminal Code Act 1995 (Cth) and Crimes Act 1914.

View detailed information in the Handbook

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

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

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

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

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 investigates the legal regulation of workplace bargaining in Australia. With the requirement that bargaining be conducted in ‘good faith’ under the Fair Work Act 2009 (Cth), this has become one of the most contested areas of federal labour regulation. The subject is informed by the historical, political and economic factors that have shaped the development of the law, as well as relevant international legal principles. While the focus of the subject is on the system regulating workplace bargaining under the Fair Work Act, other relevant areas of law are analysed, including the common law regulation of strikes and industrial action and the contract of employment.

Indicative list of principal topics:

• The historical development of the law relating to workplace bargaining
• Relevant international legal principles and Australia’s obligations in this respect
• The system regulating workplace bargaining under the Fair Work Act 2009 (Cth), including the conduct of bargaining and the taking of protected industrial action, and the role of trade unions
• The form, function and content of registered workplace agreements
• The relationship of workplace agreements to other means of regulating working conditions, including the contract of employment
• The ‘general protections’ under the Fair Work Act for freedom of association and the exercise of ‘workplace rights’ in relation to bargaining.

View detailed information in the Handbook

Complaints of bullying, harassment, discrimination and other interpersonal grievances have become commonplace. Employers’ disciplinary decisions in relation to misconduct are also subject to increased scrutiny by courts and tribunals. A fair and thorough workplace investigation provides the foundation for taking, and if necessary defending, disciplinary and other action by an employer in response to any workplace issue. This subject explores the current legal framework applying to workplace investigations in Australia and proposes a structure for conducting investigations to minimise risk.

This subject analyses the current law in Australia governing the investigation of complaints and conduct concerns in the workplace. It also explores various structures for undertaking effective and fair workplace investigations in this rapidly developing area of practice.

Indicative list of principal topics:

• Analysing the legal framework (federal and state) impacting upon workplace investigations in Australia
• Understanding what a workplace investigation is, and distinguishing investigations from other workplace processes
• The basic structure of an investigation
• Identifying the relevant scope of an investigation, including drafting allegations
• Establishing the appropriate foundation for conducting an investigation, including considerations in the selection of the investigator, trauma informed principles of investigation, and work arrangements during the investigation
• Addressing other threshold issues prior to commencing an investigation, including appropriate roles of stakeholders
• Gathering information relevant to the scope of the investigation
• An examination of relevant principles of procedural fairness/natural justice - the bias rule and the hearing rule
• Making findings - evaluating the information gathered; applying the relevant legal tests, burden of proof and standard of proof and assessing credibility
• Applying the findings of an investigation in a disciplinary context, the role of the decision-maker, and implementing and communicating outcomes
• Learnings from overseas jurisdictions and potential for future developments in the field.

View detailed information in the Handbook

Employment contracts have been a major source of litigation in recent years and have also been the subject of a number of very significant cases. Indeed, whilst Australian labour law has become increasingly dominated by statutory provisions, the common law contract of employment continues to provide the fundamental principles that govern the individual employment relationship.

This subject examines the evolving law of employment contracts, and other related kinds of personal work contracts. Drawing on recent cases as well as leading articles by Australian and international scholars, the lectures consider several key questions. These include determining employment status and type; express and implied contract terms and how they are construed; employer and employee duties; non-compete clauses; termination and damages. The subject also looks at the interaction between employment contracts and the Fair Work Act 2009 (Cth). The subject seeks to combine discussions of the practical realities of contracting with a broader analysis of the underlying assumptions in current law.

Indicative list of principal topics:

• The scope of employment regulation: which work relationships are covered?
• The regulation of independent contracting, such as agency relationships
• Determining the type of employment: full time, part time and casual work
• The content of the employment contract: express terms
• The content of the employment contract: implied terms
• Non-compete clauses and restraints of trade
• Variation and flexibility in the employment contract
• Termination and remedies at common law
• The relationship between contracts, awards and agreements

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

Paid work is central to the lives of most adults – it provides an income and is constitutive of identities. For society at large, the organisation of paid work relationships is crucial because of the need to produce goods and services and to protect those engaged in production. Regulation of these work relationships by law is, therefore, important.

This subject provides a thematic overview of the legal regulation of work relationships in Australia in an industrial, social and political context. It examines how work relationships are regulated through statutory regimes as well as through contract law. A major focus of the subject is the Fair Work Act 2009 (Cth), which sets minimum employment conditions, regulates modern awards and workplace agreement-making, provides redress in relation to adverse action and also provides processes to deal with issues of sexual harassment and bullying at work. Anti-discrimination and equality law will also be examined.

This subject is designed to be of particular assistance to students without previous (or recent) legal study in this area. Principles of Employment Law is compulsory for students who do not have a law degree from a common law jurisdiction, and it is strongly recommended that this subject be taken before any other employment and labour relations law subjects. Principles of Employment Law is also recommended for students who have not studied an equivalent subject in their law degree, or who have not done so recently. Principles of Employment Law is ideal for students undertaking a masters in another specialisation, or a Master of Laws, who wish to study one subject in the field of employment and labour relations law.

Indicative list of principal topics:

• The constitutional framework for Australian employment law
• Statutory standards under the Fair Work Act 2009 (Cth) including unfair dismissal, minimum wage rates, hours of work, leave, adverse action and 'right to request' regimes
• The regulation of employment rights and working conditions by modern awards and enterprise agreements under the Fair Work Act 2009 (Cth)
• Various aspects of the common law contract of employment
• Anti-discrimination and equality law.

View detailed information in the Handbook

Work Health and Safety Law has grown in scope over the past decade, particularly since 2010 when most Australian governments implemented nationally-uniform laws about work health and safety. Victoria has, however, continued, with a similar but different model, and has a particularly active regulator.

This subject examines in detail the content of Victorian law, as well as the national laws, considering the operation of work health and safety law in its historical and industrial setting, as well as the likely practical operation of the regulatory regimes. The subject examines the application of safety laws to both physical risks and psychosocial risks, such as bullying and sexual harassment.

The lecturer is a practitioner with over 20 years’ experience in work health and safety, and guest lecturers from employee representative bodies and safety regulators will also present.

Indicative list of principal topics:

• The problem of work-related injury and disease
• The history of the legal regulation of health and safety at work
• The duties owed by employers and other parties under Victorian and nationally-uniform workplace health and safety laws
• Standard-setting under the Australian work health and safety statutes
• Worker representation and participation under the Australian work health and safety legislation
• State enforcement of the work health and safety legislation
• The application of work health and safety legislation to psychological health, bullying and sexual harassment
• How health and safety law has adapted to new ways of working and new challenges, such as remote and hybrid work, and COVID-19

View detailed information in the Handbook

The energy transition – a key plank in achieving Australia's net zero targets – represents a generational challenge for energy markets.

Transitioning Australia's energy system to renewable energy and storage involves a complex group of stakeholders, with policy makers, regulators, investors, energy providers and consumers grappling with multiple – often conflicting – objectives.

This subject aims to give students a clear understanding of the structure and principles of Australia's energy markets in the context of achieving the energy transition. Focusing on the Australian electricity sector, it will examine the foundations of our energy markets and the pathway for renewable energy, together with the nature and scale of the energy transition and current policy debates.

Key legal elements of the subject include the structure and legal framework for the electricity supply industry and markets, the legal framework supporting investment in renewable energy, principles and policy frameworks underpinning the energy transition, the role of government and electricity market reform initiatives.

This subject has an Australian-focus and is aimed at students with an interest in energy law and legal practice, energy markets, energy regulators and energy policy and reform.

Indicative list of principal topics:

• The structure of, and key participants in, the electricity supply industry across generation, transmission and retailing

• Legislative and regulatory framework for the National Electricity Market, including market bodies and rulemaking

• Key principles of the wholesale and retail electricity market, including typical wholesale market contracting and trading

• The legal framework for investment in renewable energy and storage

• The nature, scale and objectives of the energy transition

• Key principles underpinning the development of renewable energy and storage, including government support contracts

• Key principles in the regulation of electricity transmission systems, including regulated pricing, open access principles and renewable energy zones

• Legal principles and policy frameworks underpinning energy transition steps, including the role of government

• Legal issues in implementing a just transition

• Current electricity market policy debates and reform initiatives

View detailed information in the Handbook

The delivery of major infrastructure, energy and resources projects is an organic process which involves multifaceted interactions with the law. In this subject, students will gain insights into the way that advising on such projects involves navigating an often-challenging intersection of construction and regulatory systems, drawing on aspects of property law, environmental law, native title, finance, banking and commercial law.

Students will also engage with the need for reform in major project delivery, with the cost of project delivery in Australia already prohibitive and globally uncompetitive.

The subject will examine how major energy and resources projects are defined, designed, structured and developed, the pressure points for successful and cost-efficient project delivery in Australia, and the areas where conflicts and disputes emerge and how they are managed.

Indicative list of principal topics include:

• Project scoping from feasibility to design, including examination of recent studies on procurement practices and a simulated workshop on procurement models and how they respond to risks and opportunities
• Overview of regulatory approval frameworks and the social license for major project delivery, including a case study-based discussion of the interaction of such frameworks with construction document development and management
• Project delivery models and frameworks in the energy and resources sector
• Examination of leading causes of project stress and failure, including the need for proactive planning and strategies
• Interactive case study where students collaboratively examine particular aspects of project design and execution
• Current approaches to dispute management in major project delivery, including exercises examining common problems encountered in drafting dispute resolution clauses in project documentation, as well as a discussion of contemporary and innovative approaches to dispute management and avoidance in major projects.

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

Project finance is the financing of major projects. It often takes the form of a financing arrangement under which the monies raised for a project are repaid primarily from the project’s cash flow, with the project’s assets held as collateral. It enables the sponsor of a project to arrange financing with no recourse, or limited recourse, to the sponsor’s balance sheet. Project finance is complex in view of the number of parties involved, the security that is taken over the project’s cash flow and assets, the nature of the rights that are exercised by the lenders in respect of the project generally and the cross-border character of stakeholders. Project finance lawyers need to have an in-depth understanding of both the legal issues that arise as well as the commercial and operational aspects of the project.

The lecturer is a leading practitioner in this area and will introduce students to the key legal, contractual and structural issues concerning major projects and project finance, and analyse these issues in the context of a number of case studies in the mineral, energy and infrastructure sectors.

Indicative list of principal topics:

• Characteristics of suitable projects
• Characteristics of project financing in Australia
• Project financing techniques
• Identification of risk and techniques for allocation of risk
• Structuring financing requirements for a project
• Contractual arrangements
• Project financing default and remedies
• Case studies of project financing in mineral, energy and infrastructure sectors.

View detailed information in the Handbook

The exploitation of mineral and petroleum resources involves substantial risk. The resources joint venture provides a commercial opportunity to manage this risk. It is a particular legal relationship: an association of persons (natural or corporate) to engage in a common undertaking to generate a product to be shared among the participants. Management of the undertaking is divided: the participants determine some matters by agreement at the outset of the relationship; the power to determine other matters is vested in a committee on which the participants are represented and entitled to vote; a manager (or operator) is appointed by the participants to conduct agreed activities, on their behalf, within the scope of the common undertaking (exploration, development production).

This subject examines the legal issues involved in this complex relationship, together with ancillary transactions (such as farmouts). In doing so, it considers the capacity of the common law to respond to commercial imperatives. It also evaluates the effectiveness of legal documentation employed in establishing the joint venture relationship.

The lecturer, a former Dean of Melbourne Law School, has published extensively in the fields of energy and resources law and served as President of the Australian Mineral and Petroleum Law Association.

Indicative list of principal topics:

• Statutory titles, government agreements and production-sharing agreements
• Farmouts
• Joint ventures and operations
• Unit development
• The operator/manager
• Fundamentals of contract law and property law
• Assignment
• Liability
• Default
• Disclosure and confidentiality
• Sole risk
• Termination
• Codification.

View detailed information in the Handbook

Climate change is a pressing environmental, economic and social problem. Global warming is predicted to have wide-ranging impacts, and it presents enormous challenges for conventional models of law and socio-economic governance due to its pervasive character, long-term effects and the need for dynamic change in many of the fundamental areas of life. This subject examines the challenges for law in driving that change, from the United Nations Framework Convention on Climate Change (UNFCCC) and its associated Paris Agreement, to international trade, climate finance and litigation, to federal and state legislative responses, through to local effects including relating to Indigenous peoples. The lecturer is active in research and advice in climate change law and governance in the international and domestic law spheres.

Indicative list of principal topics:

• The scientific basis for global warming and physical impacts of climate change
• The international legal framework, including the UNFCCC, Kyoto Protocol, Paris Agreement and associated international instruments
• Social and cultural impacts and legal responses, such as human rights protection
• Climate finance and schemes for reducing emissions from deforestation and forest degradation (REDD).
• The role of the World Trade Organization (WTO) in climate change governance, particularly with respect to renewable energy technologies and the disciplining of fossil fuel subsidies
• The interaction of climate change regimes with other international law frameworks; eg World Heritage, refugee law, human rights and security
• The federal legislative framework for climate change mitigation and adaptation, including direct action plans, market mechanisms and carbon trading
• State-based legislative and regulatory responses to climate change
• Bio-sequestration and carbon capture and storage
• The nature of climate change litigation

View detailed information in the Handbook

Climate change is increasingly necessitating systemic change to the structure of the global economy and financial system. This subject will examine the interaction between climate change law and policy and these systemic changes. It considers a range of legal, policy and financial tools that governments around the world have used to try and manage responses to climate change, such as carbon pricing, green fiscal spending, climate risk disclosure and emissions regulations. It critically evaluates these legal, financial and policy approaches, and the economic theory underpinning them.

Our subject introduces students to these climate change legal and policy approaches through case studies across different themes (carbon markets, sustainable finance, energy, transportation) and geographies. Guest speakers with legal, sustainable investment and public policy backgrounds will join the course to speak to some of these case studies. By drawing together economic theory and practitioner-informed case studies, we will provide students with the knowledge, tools, and networks to critically assess and participate in the future development of regulatory regimes, policies and financial mechanisms which might help arrest global warming.

Indicative list of principal topics:

• An introduction to climate science,
• Key debates in climate change economics
• International and domestic law frameworks
• Market-based legal mechanisms: pricing carbon externalities
• Information based regulatory approaches to carbon emissions
• Emerging legal risks – greenwashing, climate litigation and investor actions
• Green industrial policy, state-owned enterprises and innovation ecosystems
• Emissions caps, performance standards and other forms of regulation

View detailed information in the Handbook

Environmental law deals with pressing legal and social issues within Australia and internationally that range from biodiversity protection to waste reduction. This subject provides an overview of fundamental environmental law concepts and principles, such as the precautionary principle. It charts the evolution of Australian environmental law in response to global environmental challenges, such as climate change, as well as national regulatory reforms. The subject equips students with a thorough grounding in environmental impact assessment law by reference to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It examines the regulatory tools and approaches relevant to pollution control and ecological protection– including market mechanisms and offset models. This subject introduces international environmental law; dealing with issues such as trans-boundary harm and World Heritage protection, that have shaped Australian environmental law.

Indicative list of principal topics:

• The scope of environmental law – nationally and internationally – including transboundary regulation.
• The multidisciplinary character of environmental law and regulation that needs to respond to complex, multilevel environmental problems.
• The diversity of environmental law approaches from the common law through direct regulation to market measures and community engagement.

These themes are illustrated by case studies in the following areas:

• Environmental law: Principles and concepts
• Environmental actors, including public interest litigation with a focus on biodiversity protection
• The procedures and substantive law governing impact assessment and development approvals.
• Legal and regulatory tools used in environmental law, including duty of care concepts in pollution laws.
• The interaction of law and science, with a focus on the precautionary principle
• Implementation, compliance and enforcement in Environmental Law
• International environmental law, including biodiversity protection, world heritage cases and climate change governance.

View detailed information in the Handbook

In national legal systems, much of environmental law consists of legislative schemes. To practice environmental law requires a mastery of public law. This subject introduces students to the public law skills needed to work in the specialised field of environmental law. The subject focuses on environmental laws in a range of common law jurisdictions and the skills that the course fosters can be deployed in any legal system. Each topic is taught through in-depth focus on legal materials, particularly case law.

Indicative list of principal topics:

• A basic framework of environmental law
• The distinctive nature of different types of environmental problems and how those features require the development of a particular type of legal expertise.
• The role that law (legislation and common law) plays in framing and defining environmental problems and the legal significance of this.
• The classic types of legal obligations and duties in environmental law and how they are enforced.
• The ways in which environmental law gives rise to a range of public law questions concerned with constitutional and administrative governance.
• The types of legal and other disputes that environmental law gives rise to and the implications for courts and tribunals
• How accountability in environmental law operates.
• Each topic is taught through a focus on a particular topic in environmental law including climate change, water quality, waste, environmental assessment, natural resource management, air quality, and nature conservation.

View detailed information in the Handbook

International environmental law is the field of public international law concerned principally with the protection of the natural environment. It is a vitally important branch of international law, seeking as it does to safeguard the environment on which humanity depends for its very existence. International environmental law seeks to integrate the activities of diverse actors — states, international organisations, businesses, communities and non-government organisations (NGOs) — and uses a wide range of legal tools (including economic instruments and participatory mechanisms) to address pressing environmental concerns. This subject explores the critical governance and regulatory dimensions of international environmental law, as well as introducing you to cases and treaties that have been pivotal to the development of this area of international law. The lecturers in the subject are international environmental law experts, with both academic and practical experience in the field, which will be drawn into the delivery of a stimulating and relevant subject.

Indicative list of principal topics:

• The need for international environmental law and its historical development
• Fundamental principles and concepts necessary for an understanding of international environmental law, eg sustainable development, precautionary principle and 'polluter pays' principle
• The principal institutions and actors involved in the creation, implementation and enforcement of international environmental law
• The principal cases and treaties that have been influential in the development of international environmental law
• Current issues of concern in international environmental law, including atmospheric pollution and climate change, the protection of the oceans, species protection and biodiversity as well as environmental issues relevant to finance, human rights and international trade.

View detailed information in the Handbook

This subject examines the law applicable to planning and development projects within Victoria. A detailed analysis of the Planning and Environment Act 1987 (Vic) and its application will be supplemented by an examination of the various political, environmental, social and economic aspects that bear upon decision-making under the Victorian planning system. The subject will also address the interaction of the Victorian planning system with a number of other statutory processes relevant to the development of land within Victoria, including those contained within the Environment Protection Act 1970 (Vic) and the Subdivision Act 1988 (Vic).

Indicative list of principal topics:

• The conceptual framework for planning law in Victoria
• Evaluation of the various components of the Victorian planning regime, focusing on the operation of the Planning and Environment Act 1987 (Vic) and the Victoria Planning Provisions
• The role of key actors under the Victorian planning regime (such as the Victorian Minister for Planning and municipal councils) and the key processes established under the regime
• The review of decisions made under the regime (both in the Victorian Civil and Administrative Tribunal and the Supreme Court of Victoria) and the powers available to relevant planning authorities under the Planning and Environment Act 1987 (Vic)
• Particular problems that arise in the Victorian planning system such as the fair and equitable distribution of undesirable land uses, the limitation of urban sprawl within metropolitan Melbourne, the appropriate level of public participation in decision-making processes, and the need to deliver sound planning outcomes in a timely and efficient manner
• The key processes under the Planning and Environmental Act 1987 (Vic).

View detailed information in the Handbook

Water law and natural resources management are fundamental to human society, environmental protection and economic productivity. Legal rules around water are found in all societies. Water is both a human right but also a source of conflict – that law seeks to regulate. There is increasing pressure on water globally, and extreme events such as drought, heighten tensions around water allocation in Australia and many other countries.

The subject considers the international laws governing freshwater, including trans-jurisdictional water governance for major shared river systems. It examines contemporary trends in water law and governance such climate change impacts on water availability. It provides an overview of common law rules around water allocation and water quality. There is a major focus on indigenous water rights and rights for rivers.

The subject provides an in-depth understanding of the federal water legislation governing the Murray-Darling Basin and the Victorian water legislation- including water trading. It introduces urban water laws, with a focus on water pollution controls. It examines the innovative reforms around environmental water and the ecological protection of rivers and groundwater. It provides a case study of the impacts on groundwater due to mining and fracking.

Indicative list of principal topics:

• International and comparative law and policy governing water, including relevant treaties and conventions, and case law
• Water rights: including human rights and Indigenous peoples’ rights
• Common law rules for surface and groundwater
• The Australian national water law reform model
• The Water Act 2007 (Cth), including water trading and water planning
• Environmental water law and regulation – including the Environmental Water Holders
• Victorian water laws, including water authorities and governance models
• Water quality: addressing point source and diffuse water pollution
• Integrated catchment legislation
• Urban water laws, including water-sensitive urban design.

View detailed information in the Handbook

From one of the earliest concerns of political philosophy to the subject of a treaty ratified by almost every country in the world, corruption has played a fascinating role in human affairs. Corruption’s importance as a matter of law and policy has grown in recent decades, thanks to increasing awareness of its devastating effects on development efforts, human rights, democracies, economies, and environmental protection efforts. Responding to that growing importance, this subject provides an overview of domestic, regional, and global approaches to corruption.

Although this seminar provides an overview of many aspects of anti-corruption law and policy, it covers issues of political corruption in greater depth, such as bribery of public officials, campaign and party financing, lobbying, and conflicts of interest. It also covers in greater depth several current issues in Australian anti-corruption law—including the ideal role of the recently-established National Anti-Corruption Commission—and several “global pressure points”—including the effects of corruption on climate change mitigation efforts.

The domestic approaches examined in this subject include those undertaken by Australia, New Zealand, and the United States, as well as several Latin American and Asian countries. The regional approaches targeted include those sponsored by the Organization of American States, the Asian Development Bank, Asia-Pacific Economic Cooperation, Council of Europe, the Organisation for Economic Co-operation and Development, and the World Bank. Finally, at the global level, this seminar covers the United Nations Convention Against Corruption (UNCAC).

Entering into force in 2005 and obtaining 191 States Parties by August 2024, UNCAC has brought about a comprehensive, global approach to corruption. This subject explores the five pillars of that approach—international cooperation, preventative measures, criminalisation and law enforcement measures, asset recovery, and technical assistance and information exchange—and their relationship with domestic and regional initiatives. A major question at this stage will be UNCAC’s ability (or potential) to improve those pre-existing initiatives.

At each of its three levels of legal inquiry (domestic, regional, and global), this seminar examines questions of substantive law (what conduct is targeted), procedure (how are suspected violations of the law exposed and addressed), institutions (how is each legal framework administered and modified), and effectiveness. This subject addresses not only the merits of anti-corruption law, but the criticisms and dangers of it as well.

Although this subject relies primarily on legal analysis, it also applies perspectives and findings from the fields of economics, history, and political science. That interdisciplinarity enables the consideration of the broader questions that inform anti-corruption law. Those questions include: How are definitions and patterns of corruption changing over time? What effects does corruption have on development, businesses, local economies, and global capitalism? What effects does it have on human rights, democratisation, elections, and lawmaking? What lessons have been learned about the effectiveness of different legal approaches to corruption? How could domestic, regional, and international anti-corruption initiatives be improved?

indicative list of principal topics:

• What is corruption? How is corruption defined by different legal regimes?
• How does corruption manifest in distinct environments, including campaign and party finance, elections, lawmaking, law enforcement, government procurement, business, international development and climate change mitigation efforts, and banking and finance? What are corruption’s economic, political, and social effects?
• What are the regulatory challenges involved in preventing, exposing, and punishing corruption in its distinct environments? To what extent have domestic, regional, and international legal regimes been successful in meeting those challenges?
• How could those laws and institutions be improved? In particular, what are the main successes and shortcomings of the UN system for preventing and combating corruption? What are its prospects for improvement?
• What are the different roles that lawyers play in addressing corruption? What skill sets do they employ?

View detailed information in the Handbook

This topical subject deals with the interface between private law and public law in common law systems from the perspectives of history, doctrine, theory and practice. It will explore the traditional absence of such a division in the common law, and the reasons for this, as a basis for understanding the relevance of the distinction in the contemporary legal system. The subject will critically assess the distinction from a theoretical perspective, testing whether the idea of a distinction between public law and private law can withstand scrutiny. A range of cutting-edge doctrinal issues will be examined and placed in wider context. These include whether public law principles should extend to the activities of non-governmental entities such as private firms and charities; whether the law should recognise a special set of rules to regulate public contracts; whether public authorities should be governed by the ordinary law of tort or a set of special administrative liability principles; procedural divisions between public law and private law; the role of the public interest in private remedies and of private remedies in public law cases; and whether public law issues should be heard by specialist administrative courts. The subject should be of interest to lawyers working in any field in a common law legal system and to those trained in the different traditions of the civil law who are interested in better understanding the structures and assumptions of the common law.

Indicative list of principal topics:

• History of the concept of public law in common law legal systems
• Concepts of public and private
• Implications of a distinction between public law and private law
• Overview of current practice
• Law applicable to non-governmental entities
• Legal framework for public contracts
• Liability of public authorities
• Remedies
• Specialist or generalist courts.

View detailed information in the Handbook

In the first half of the 20th century most civil actions were for causes of action not much affected by statute: trespass, negligence, libel and slander, breach of contract and the various forms of equitable suit. Most criminal prosecutions were for offences created by statute but whose elements were treated as identified largely by judge-made law. There were great codifying acts; intellectual property acts, facultative acts, and regulatory statutes, but judge-made law was of central and dominating importance. The second half of the 20th century saw many changes. Statute became the central and dominating form of regulation of rights and obligations. The proper construction and application of statutes always has been, but now more than ever is, an essential legal skill. This subject seeks to develop and refine those skills by seeking to have students consider basic questions about legal thought and legal reasoning and then apply those lessons to the tasks of construction and application.

Indicative list of principal topics:

• Legal thought and legal reasoning – Framing the right question, assembling and stating relevant arguments and reaching a concluded view
• Construction—a text-based activity but involving more than a dictionary in one hand and the text in the other
• The importance of the constitutional framework and other basic assumptions
• The search for meaning and the metaphor of intention
• The place of Interpretation legislation, including rights Acts
• The canons of construction, their use and abuse ('canons to the right of them; canons to the left of them; on into the valley of death')
• Ambiguity and its resolution, including the use of extrinsic materials
• Inconsistencies, repeals, amendment, consolidation and retrospectivity
• The legislative misfire
• Special rules for special areas
• Rules and regulations—power to make, construction and use in construing the legislation
• Overarching theories and descriptions of the construction process.

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

Developments such as the decision to appoint a UN special rapporteur on human rights and climate change are significant milestones in the long-time efforts by international institutions and advocates to recognise and address the impacts of greenhouse gas emissions on the enjoyment of human rights. UN institutions and international treaty bodies responsible for human rights and environmental matters have over many years taken steps to deal with the serious impacts that climate change has on the rights to life, culture, health, food and an adequate standard of living for individuals and communities across the world. Advisory opinions of the International Court of Justice and the Inter-American Court of Human Rights have also provided insights on these matters. Meanwhile, advocates have initiated proceedings before courts and other complaints bodies claiming that human rights have been violated as a result of climate change. In the process, existing human rights have been repurposed towards environmental ends, and rights to a healthy environment and a safe climate have emerged for international recognition.

This course will introduce and explore the main concepts, laws, institutions and policies at the intersection of international human rights law and international law on climate change. Through an examination of treaties and case law, it will consider how international law and policy is being developed to protect human rights affected by climate change.

Indicative list of principal topics:

• The human rights of particular groups – including Indigenous Peoples, children and displaced people – affected by climate change.
• The different responsibilities of nations and businesses to address the human rights impacts of climate change.
• Key developments in UN bodies, treaty institutions and courts dealing respectively with human rights and environmental protection, including existing and emerging human rights such as the right to a healthy environment.
• Critical perspectives on the use of human rights law and procedures to tackle harms arising from greenhouse gas emissions.
• The international movement on rights of nature as part of the context in which international human rights law is evolving to address climate change.

View detailed information in the Handbook

The subject explores this Australian intellectual property regime in predominantly black-letter terms. It asks students to consider the doctrinal issues implicated by the various aspects of copyright law: subsistence, ownership, infringement, exceptions to infringement and remedies. Also integrated with the curriculum are moral and performers' rights, and the treatment of internet service provider liability as an intermediary between copyright owner and infringer. The subject is structured within an international framework, explaining the importance of treaty norms and with selective use of comparative law.

Indicative list of principal topics:

• The evolution and theory of the national and international copyright system
• The material protected by copyright
• The duration of protection
• The rights granted by copyright
• Infringement of copyright, including defences and available remedies
• Ownership, licensing and assignment of copyright
• Moral rights and their infringement
• Copyright law in international perspective.

This subject will be delivered via a 'flipped classroom' model. The substantive content delivery will occur largely outside the classroom, with videos and notes provided to students via Canvas modules. Class hours will be spent applying and debating these principles (and related policy) in order to develop higher level cognitive, problem-solving, advocacy and reasoning skills.

View detailed information in the Handbook

Design plays a critical role in the production and marketing of goods. Adequate protection of designs is important in order to encourage the creation of innovative products and thus enhance the Australian and New Zealand economies. This subject is primarily concerned with the laws in both countries. It will focus first on the registered regimes for protecting designs under the Designs Act 2003 (Cth), as well as the protection of designs as original artistic works under the Copyright Act 1968 (Cth). It will then deal with the differences of law and practice that arise under the Designs Act 1953 (NZ) and the Copyright Act 1994 (NZ).

This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group I’.

Indicative list of principal topics:

• Registrable designs: definition of design and registrability requirements
• Application and registration procedures and Designs Office practice
• Duration of registration and removal procedures
• Registration, examination, certification and infringement
• Defences to, and remedies for, infringement
• Ownership, transfer and exploitation of design rights
• Rectification and correction of the Register
• Artistic works protected by copyright and the designs/copyright overlap
• Relationship of designs protection to innovation patents under the Patents Act 1990
• The treatment of registered designs under New Zealand law and the availability of copyright protection for designs under New Zealand law
• International conventions and the protection of designs.

View detailed information in the Handbook

Fundamentals of Intellectual Property provides a good introduction to intellectual property (IP) for students wishing to pursue more specialised graduate studies in this area. It also provides a general overview of IP law for students studying an overall commercial and trade law program.

The objective of this subject is to provide an introduction to, and general overview of, the various Australian laws protecting IP, with reference to New Zealand IP laws. IP laws, including patent, design and copyright laws, are directed at the encouragement and protection of innovations in science, technology and cultural goods. IP laws, like trade mark and unfair competition laws also protect brands, reputations and other important commercial interests. The subject will also introduce the international framework of treaties under which the owners of IP from one country can seek protection in another country.

The subject will be taught by:

• four ‘pre-teaching’ weeks conducted online (outside the classroom)
• one-week intensive conducted on-campus (in the classroom)

This subject is delivered using a ‘flipped classroom’ approach. You will spend the pre-teaching period studying readings and viewings provided via Canvas modules to learn the key principles and policies. Then, in the on-campus seminars, we will discuss, debate, and apply these principles and policies to cultivate higher level cognitive, problem-solving, advocacy, and reasoning skills.

Indicative list of principal topics:

• The concept of IP
• Rationales for IP laws
• Copyright, including protection and infringement
• Registered designs, including protection and infringement
• Trade marks and related laws, including protection and infringement
• Patents, including protection and infringement
• Protection of confidential information and trade secrets under general law
• Traditional knowledge
• International IP treaties

View detailed information in the Handbook

This subject teaches students the fundamental principles and basic skills of drafting patent specifications. It does so through a combination of in-class instruction sessions on a range of topics, in-class drafting exercises with review sessions, and out-of-class drafting exercises with tutorial review sessions. Students are assessed by two practical assessment tasks, undertaken individually outside the classroom. Passing the subject will satisfy the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for Topic Group G: Drafting patent specifications. The lecturers for this subject include a number of practising patent attorneys with substantial experience teaching drafting skills.

Indicative list of principal topics:

• History and nature of specifications and claims
• Approaches to claim drafting
• Interpreting claims
• Drafting basic claims
• Drafting product claims with reference to prior art
• Drafting process and method claims
• Preparing a description
• Consequences of drafting.

Teachers’ Note:

This subject is an accredited subject towards qualification as a Trans-Tasman Patent Attorney by the TTIPAB. Students participating in this subject are mostly training patent attorneys who work in the intellectual property industry and have day-to-day contact with patent specifications as part of their job roles. Students who do not have such external exposure to patent specifications will find it challenging to pass this course.

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

Over the past two decades, the protection of intellectual property rights (IPRs) globally has become a major issue both for right holders and users, and one that has had profound implications in a number of important areas of public discourse, such as international trade, public health, education and research, national development and the promotion of biodiversity. This subject seeks to engage with all these issues, and begins with a discussion of the sources of international intellectual property (IP) law, including the principal IP treaties and the general architecture of the international IP system. It then considers a number of case studies where particular IP issues arise and where international solutions are presently being negotiated. It will also examine the growing tension between the territoriality of IPRs and the global scope of IP exploitation, considering how this clash plays out in the key area of private international law.

This subject consists of a survey of the economic, legal and political elements and forces that shape the international IP system.

Indicative list of principal topics:

• Introduction to the international IP system, including the main producers and owners of IP, the institutional architecture and the treaty system, including those administered by the World Intellectual Property Organization and the World Trade Organization (notably the Agreement on Trade-Related Aspects of Intellectual Property Rights), and the emergence of bilateral and regional trade and investment protection treaties that have an impact on the protection of IP rights
• Instruments and strategies for obtaining protection internationally—the Patent Cooperation Treaty, Madrid System, Hague System and regional systems
• Human rights, IP and the development agenda
• IPRs and public health
• IPRs and food security
• Biotechnology, access to genetic resources and traditional knowledge
• Access to knowledge
• The protection of names, marks and other identifiers and content, with particular reference to the internet
• Dispute settlement and private international law issues.

View detailed information in the Handbook

Reading and interpreting patent specifications is a central part of a patent attorney's daily practice. It is also a critical feature of any patent litigation where both sides will be competing for alternative interpretations that favour their client. This subject is intended to hone these skills of analysis and interpretation, working on the basic legal principles that students seeking Trans-Tasman IP Attorneys Board (TTIPAB) accreditation have already obtained through their study of patent law and patent practice. It is taught by experienced attorneys and litigators, and meets the TTIPAB requirements for 'Topic Group H'.

This subject will be conducted with a number of case studies carried out by a team of practitioners to develop skills in the application of the rules of interpretation to patent specifications and in the application of Australian and New Zealand patent laws.

Indicative list of principal topics:

• The validity of Australian and New Zealand patents and patent applications under the provisions of Australian and New Zealand laws concerned with support, sufficiency of description and utility
• The validity of Australian and New Zealand patents and patent applications in the light of prior art information supplied, including through prior published specifications and prior user
• The scope for making amendments to patent applications
• The infringement of Australian and New Zealand patents by a competitor's product or process.

View detailed information in the Handbook

For at least 400 years, patent law has been the primary regulatory mechanism for optimising innovation. With more than two million patent applications filed annually around the world, the patent system is both highly complex and of great economic importance. This subject provides the foundational knowledge necessary for a professional understanding of patent law and the patent system. It does so through a combination of instructional sessions and hands-on workshop sessions. The instructional sessions provide students with an understanding of the fundamental principles of patent law, with a particular focus on the requirements for the grant of a valid patent and infringement of a patent. In the workshop sessions, students apply these principles to actual patent claims, prior art and infringing embodiments. Consideration is also given to the protection of trade secrets through the action in equity to restrain a breach of confidence. While the focus of the teaching will be on Australian law, the differences between this and New Zealand law will be identified and explored throughout the subject. Comparative reference will also be made to the law of the United States and countries that are members of the European Patent Convention. Successful completion of this subject satisfies the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for ‘Topic Group E’.

Indicative list of principal topics:

• Rationales for patent law
• Patentable subject matter
• Requirements for patentability – novelty, inventive step and utility
• Specification requirements – clarity, support, disclosure and best method
• Acts constituting infringement of a patent
• Interpreting the scope of the claim for infringement
• Ownership of patent rights
• Assignment and licensing of patent rights
• Trade secrets protection (breach of confidence)

View detailed information in the Handbook

This subject builds on the material covered in the Trade Marks and Unfair Competition subject. Trade Mark Practice focusses on the procedures and practices of the Australian Trade Marks Office in obtaining and maintaining registered trademarks. It covers the relevant aspects of New Zealand trade mark procedures and practice where these are different from those in Australia. Thus, this subject is particularly valuable for students wishing to prosecute trade mark applications through those offices. The rights, privileges and responsibilities of a patent attorney and a trade marks attorney are also covered in the wider context of attorneys’ professional conduct. The lecturers in the subject have extensive experience in the obtaining of trade mark registrations and the subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group B’ and ‘Topic Group D’.

The emphasis of this subject is on the documentation, procedures and practice of the Australian Trade Marks Office and the relevant aspects of New Zealand trade mark procedure and practice.

The subject will be taught by:

• four ‘pre-teaching’ weeks conducted online (outside the classroom)
• one-week intensive conducted on-campus (in the classroom).

Indicative list of principal topics:

• The respective national offices, registers and official journals
• Determining the availability of a trade mark for use and registration, searching the Trade Marks Office database and other search options
• Applications for registration, including Madrid Protocol, Convention, divisional and series applications
• Examination and acceptance of applications
• Opposition to registration
• Initiating and opposing applications to remove a trade mark for non-use
• Amendment of applications and other documents; revocation post-registration
• Obtaining registration and renewal of registration
• Obtaining extensions of time
• New Zealand trade mark practice (relevant issues)
• Exploitation, including assignments and registration of security interests
• Parallel importations and Customs seizure
• International conventions and initiatives, and protecting trade marks in foreign countries
• The rights, privileges and professional responsibilities of a patent attorney and a trade marks attorney.

View detailed information in the Handbook

This subject is concerned with the laws in Australia and New Zealand that protect trade marks. Trade marks play a pivotal role in the marketing of goods and services, and generally are one of a trader‘s most valuable assets. The protection of trade marks is thus of critical importance to all traders but is also important to consumers, who rely on the information conveyed by trade marks. This subject concentrates on the trade mark protection regime provided by the Trade Marks Act 1995 (Cth), and involves a detailed study of the provisions of this Act and related case law, together with relevant aspects of the corresponding New Zealand laws and cases. The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth), and corresponding New Zealand statutory provisions, proscribing misleading and deceptive conduct are also covered.

This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group C’.

Indicative list of principal topics:

• The function of trade marks
• Registration of trade marks under Australian and New Zealand laws
• Infringement, defences and remedies
• Licensing and assignment, and other exploitation of trade marks
• Removal and cancellation of registration
• Management and maintenance of trade marks
• The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth) proscribing misleading and deceptive conduct and the corresponding provisions under New Zealand law
• Other protections for name and insignia, including the domain name system.

View detailed information in the Handbook

Commercial Aspects of International Law highlights the growing importance of public international law for transnational commercial activity. It will examine how public international law may apply and have practical use in a wide variety of international business matters.

The subject will introduce students to the basics of relevant public international law principles (e.g. sources of international law, individuals as subjects of international law, state responsibility for wrongful acts and sovereign immunity). Thereafter, the majority of our subject will be devoted to topic areas in which public international law impacts commercial rights and obligations (e.g. the role of international law in contracts, double tax treaties, environment and climate change regulation, free trade agreements, investment protection treaties, UN sanctions, corporate social responsibility and business and human rights). Our classes will take the perspective of the rights and obligations of commercial enterprises under public international law.

View detailed information in the Handbook

International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets.

This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.

Indicative list of principal topics:

• Overview of the globalisation of the internet including global trends in internet access and use
• The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
• What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
• What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
• Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.

View detailed information in the Handbook

The International Monetary Fund (IMF) and the World Bank are arguably two poorly understood international organisations. Both are key components of the international monetary and financial architecture. They also play a vital role in national economies (as seen for example in the IMF's involvement in the Euro-zone crisis or in addressing the economic dislocations caused by global events and its analytical work on the prevention and resolution of financial and sovereign debt crises) and international development. This subject will focus on the IMF and World Bank while also providing students with a sophisticated understanding of the broader international financial system and its problems. The subject provides a valuable insider's perspective on the 'Bretton Woods' institutions.

View detailed information in the Handbook

This subject is a basic 'how-to' on international business transactions and is essential for those wishing to practise international trade law. The subject intentionally covers a vast array of related topics, with the focus being on the legal issues faced by practising lawyers in the field. Particular emphasis is placed on issues such as trade terms, international sales of goods, documentary credits, carriage of goods, customs and border regulations. This subject also considers several issues relating to international trade, such as intellectual property rights, licensing, franchising and governmental measures regulating investment. Such coverage ensures students are exposed to the most important and frequent issues facing the practising trade lawyer.

Indicative list of principal topics:

• Basic trade contracts and common trade terms
• Choice of law and choice of jurisdiction in international trade contracts
• The Vienna Convention on International Sale of Goods
• Payment systems, including documentary credits and collections
• Customs law, including classification and valuation of the goods
• Import and export restraints
• Regulatory issues and red tape
• Franchising
• Intellectual property rights, including parallel importation of goods
• Foreign direct investment.

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

Newspaper headlines frequently concern global economic issues, from trade disputes between countries and investment claims by foreign investors against sovereign states, to countries facing balance-of-payments crises and seeking assistance from the International Monetary Fund (IMF).

This subject examines the law governing global economic issues. It is designed both as a comprehensive introduction in its own right to this important field, as well as a foundation for further exploration through specialist subjects in the curriculum.

We begin with a focus on international trade law, particularly the rules and dispute settlement procedures of the World Trade Organization (WTO). It then discusses contemporary developments in international trade law and policy, including the negotiations for regional or bilateral preferential trade agreements. We then consider international investment law, examining key substantive obligations relating to investor protection and investor-state dispute settlement mechanisms (particularly through the International Centre for Settlement of Investment Disputes (ICSID)). Finally, the subject provides an introduction to the lending policies and practices of international financial institutions, particularly the IMF and the World Bank.

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

The objective of this course is to provide an understanding of contemporary development issues and the relationships between development policies and international trade law in the context of a globalised world economy.

The course begins with a review of some of the most prominent theories of economic development, describes approaches and definitions of economic development, tools and strategies for making development goals achievable, and explores views about the nature of economic, social and human prosperity. Students will undertake a comprehensive examination of development policies from the protectionism of the 1960s to the Post ‘Washington consensus’ paradigm, the challenges of mainstreaming development in the WTO (‘WTO’), and the current crisis facing the Multilateral Trading System; the emergence of mega regional trading blocks, and the current debate on future International Trade Agreements will be a focus of the course. Contemporary trade and development policy issues such the evolution of global value chains (‘GVCs’) and their consequences for free trade agreements, beyond the border regulations, state-owned enterprises (‘STEs’), and inequalities in opportunities and income will be examined from a perspective of international trade law and development policy, using case studies as appropriate.

The course then present the rationales for free trade & protection, the distributional consequences of trade, the impact of trade on employment and growth and the challenges presented by deeper international economic integration. The next sections of the course consider the World Trade Organization (WTO) and explore negotiation mechanisms and principles, the rules relating to market access, fair trade, safeguards and the system for dispute settlement and retaliation. The final section considers major issues facing the multilateral trading system and the role of developing countries in building a new international economic architecture.

Indicative list of principal topics:

• Goals, scope and measurement of economic development;
• International Law and Development;
• Developing countries in the world economy;
• The Multilateral trading system and the developing counties;
• International Trade law and their Effects on economic development;
• The participation of developing countries in the Mega Regional Trade Agreements;
• The Emerging Mega Regional Trade Agreements and the Future of the WTO
• Selected case studies on trade and development from the WTO Dispute settlement Mechanism.

View detailed information in the Handbook

The rules governing international trade and investment are of great importance to almost every country in the world. Many legal relationships are necessary for goods to be traded from one country to another and for parties in one country to invest in another, and they are all predictably flavoured by the issues that arise when different legal systems interact. This subject gives an overview of the private international law issues that arise when goods are traded from one country to another, and considers the public international law issues that arise when governments try to influence the subject of international trade as well as the international and regional framework that exists for this purpose. The goal of the subject is to examine the international legal frameworks governing trade.

Indicative list of principal topics:

• Commercial trading relationships

  • International sale contracts and the law governing them
  • Framework agreements
  • Payment mechanisms
  • The impact of 2020s technology (trade in data, blockchain verification, etc)

• Long-term trading relationships

  • Antitrust/pro-competitive concerns about exclusive distribution arrangements
  • Parallel importing in relation to products protected by intellectual property rights
  • Compulsory licensing

• GATT/WTO

  • The framework as designed, including dispute settlement
  • The framework in the 2020s, including (particularly) dispute settlement
  • The impact of regional trade agreements and bilateral free trade agreements on the multilateral ‘rules-based’ trading system

View detailed information in the Handbook

The law of export controls and trade sanctions is emerging as a key area of legal specialisation. This area of law was traditionally focused on trade in arms and military equipment but has gained prominence in recent years with expansions into new areas such as semiconductors, 5G technology, artificial intelligence, quantum computing, and cross-border data flows. With this rapid expansion and the high stakes of non-compliance, many multinational companies are implementing policies to ensure continuing conformity with this complex and evolving area of law.

This subject offers a comprehensive introduction to the law of export controls and trade sanctions, including both the international framework (e.g. UN instruments, Wassenaar Arrangement, the Australia Group) and the domestic rules of major jurisdictions (US, EU, UK). Students will explore the substance and coverage of the rules in this legal regime, including key concepts such as “dual-use” products, “technology transfer”, “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement and violations. Students will also examine the role of major institutions involved in the governance of these regimes. This subject is not about the "right" answers – rather, in light of the descriptive nature of the subject, students will be asked to think critically and develop their own thinking about the existing rules and governance, including the differing perspectives on whether they are fit-for-purpose and capable of adequately addressing new subjects such as critical minerals and advanced technologies. Students will also consider the Australian-specific context, such as how AUKUS is changing the domestic legal landscape.

This subject is suitable for those interested in developing their understanding of this emerging area of law, as well as those interested in practicing in the commercially-relevant field of export controls and trade sanctions. Please note that this subject does not encompass WTO law and is not related to the work of the WTO, and knowledge of WTO law is not required.

indicative list of principal topics:

• a comprehensive introduction to the law of export controls and trade sanctions, which comprises a collection of rules from international treaties and arrangements (e.g. UN instruments, Wassenaar Arrangement, the Australia Group), and the domestic legal frameworks of major jurisdictions (e.g. United States, European Union, China, United Kingdom, Australia);
• the coverage and scope of these varying rule-sets (e.g. ITAR, EAR, and FACR in the US, and their counterpart legislation in Australia and other major jurisdictions) as well as how these varying rule-sets interact with one another, and the role of major institutions involved in the governance of the regime (e.g. OECC, BIS, OFAC);
• key concepts in this legal regime such as “dual-use” products, "strategic goods lists", “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement mechanisms and the consequences of violations;
• challenges faced by the existing legal regime, particularly whether it is fit-for-purpose in the modern world amidst allegations of worldwide smuggling/evasion networks, and whether it is capable of adequately addressing new areas such as critical minerals, forced labour, and outbound investment;
• the Australian-specific context, such as how AUKUS is changing the domestic legal landscape and the foreign military sales (FMS) framework, and how Australia is leveraging and regulating its position as a key supplier of critical minerals.

View detailed information in the Handbook

This subject examines the law and economics of globalisation. Economic globalisation is at the centre of ongoing debates in areas as diverse as sustainability and climate change, national security, fair and balanced economic growth, and the very restructuring of international relations that seems to be underway. This subject offers a sophisticated understanding not only of contemporary globalisation, but also the reactionary trends that continue to emerge in varied forms: so-called ‘trade wars’ between major economies, unilateral climate measures, restrictions on trade in critical technology like semiconductors or 5G, concerns around forced labour or weak environmental standards, concerns around data protection and cybersecurity in the new digital economy, repatriating foreign supply-chains to the domestic economy, concerns around currency undervaluation by export-driven States, and issues around the so-called ‘State-led’ capitalist model in economies like China. We offer a detailed analysis of these phenomena and how States are using existing and new legal instruments to manage the risks and impacts of globalisation as it evolves and adapts in this new environment. The course caters both to practitioners looking to build expertise in the highly commercially-relevant areas of trade remedies and export controls, as well as to those looking to deepen their understanding of the modern dynamics of globalisation and its intersection with law.

The subject begins with an overview of economic impacts of trade liberalisation and lays out why there are winners and losers. It proceeds with a discussion of current trends in globalisation and relates them to the evolving geopolitical context. It then examines the legal instruments available to States to manage economic pressures resulting from increased globalisation and to counter (potentially) trade-distorting practices of their trade partners. These include the existing legal instruments at the international level under the WTO treaties, such as anti-dumping/anti-subsidy measures and safeguards, as well as more recent innovations at the domestic level relating to matters like currency undervaluation, cybersecurity and “data sovereignty”, transnational subsidies, foreign investment screening, differences in environmental/labour standards, and distortions arising from economies and sectors with substantial government involvement.

The compatibility of such innovations with WTO and other international rules is untested and, accordingly, this course does not express views on the “right” answers. Rather, it seeks to equip students with the knowledge to form their own views and to facilitate their own understanding of possible intersections between these domestic innovations and international rules.

Indicative list of principal topics:

• The economic rationale behind international trade agreements, the economic benefits of globalisation, the distributional impacts of trade liberalisation, and the role of regulatory frameworks that facilitate adjustment to international competition;

• Current issues in global economic relations and trade policy, and the reasons States resort to legal instruments to manage risks or negative impacts of globalisation, such as concerns around unfair trade practices; an evolving geopolitical context; supply-chain resilience; and "global commons"- and related issues such as climate change.

• The primary legal instruments that States use to address negative economic impacts of trade liberalisation, particularly the ‘trade remedy’ tools under the WTO treaties (anti-dumping, anti-subsidy, and safeguard measures), as well as recent domestic innovations with these tools in areas like transnational subsidies and currency manipulation;

• New and emerging legal tools at the domestic level in jurisdictions like the EU, US, Australia and India to manage perceived geopolitical risks and impacts of globalisation, such as:

  • national security concerns around supply chains and critical products
  • cybersecurity and data protection in the new digital economy;
  • foreign investment screening;
  • lower environmental/labour standards; and
  • concerns around forced labour.

View detailed information in the Handbook

In recent decades, China has become an active participant in, and even a leader of, the international economic law system. It joined the World Trade Organization and has negotiated numerous trade agreements and investment treaties. In both trade and investment, China has been a party to many disputes, and plays an important role in broader issues of global economic governance. In the domestic arena, it has become a leading practitioner of "trade remedies"; its agricultural and industrial sectors, and related policies, have become similar to those of Western countries; and its intellectual property and antitrust regimes have become more sophisticated.

This subject focuses on the nature and evolution of China's involvement in the international economic law system. It covers the following subjects: trade in goods, trade in services, intellectual property, trade remedies, government procurement, foreign investment into and by China, investment protection, treaty negotiations, disputes, and institutional issues.

Indicative list of principal topics:

• History of China's international economic relations
• China's WTO Accession
• Tariff and non-tariff barriers
• Intellectual property
• Trade in services
• Trade remedies: Anti-dumping, subsidies and countervailing duties, and safeguards
• Government procurement
• Foreign investment in China
• Trade and investment negotiations
• Trade and investment disputes
• China's role in WTO governance
• Participation in other international economic institutions
• China's domestic trade institutions

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

The law of the sea relates to the allocation of jurisdiction and peaceful uses of the seas and oceans, the equitable and efficient utilisation of marine resources, and the study, protection and preservation of the marine environment. Historically concerned with the ‘freedom of the seas’ for sovereign states, the law of the sea must also address contemporary and emerging challenges such as climate change, marine species preservation, pollution, overlapping territorial claims and national security. The overarching legal regime of the United Nations Convention on the Law of the Sea (UNCLOS) is supplemented by specific agreements as well as market techniques and supply chain oversight. This subject provides an overview and critique of the established and newly forming international regimes – and their interaction – and is informed by an institutional approach that acknowledges the influence of dispute settlement systems, non-state participation and transnational and administrative practices. The lecturers have published widely on fisheries law, trade law, the law of the sea and on the interaction between international legal regimes.

Indicative list of principal topics:

• The Law of the Sea Convention and associated instruments, including the Fish Stocks Agreement
• Divisions of jurisdiction within the Law of the Sea, including key notions of the territorial sea, exclusive economic zones (EEZ), areas beyond national jurisdiction (high seas) and the sea-bed area
• Regime of straits
• The International Maritime Organization and regulation of global shipping.
• Critical marine infrastructure (cables and pipelines).
• The Agreement on the Conservation and Sustainable Use of Biodiversity in Areas Beyond National Jurisdiction (BBNJ Agreement).
• Seabed mining in the AREA and related issues.
• Climate Change and the Ocean.
• The Convention on the International Trade in Endangered Species (CITES) and other multilateral environmental agreements (MEAs).
• Marine pollution, including microplastics.
• Relevant dispute settlement bodies, including the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), arbitral bodies and the WTO.
• Advisory Opinions addressing law of the sea, including whaling.

Other topics may include:

• Marine protected areas, including efforts to create a new legally binding international agreement on Biodiversity Beyond National Jurisdiction (BBNJ)
• Freedoms of the seas in contested areas of jurisdiction (such as Sea Shepherd and Greenpeace’s Arctic Sunrise)
• Overlapping maritime claims such as the ruling on the South China Seas issued by an arbitral tribunal based at the Permanent Court of Arbitration
• The role of indigenous rights, subsistence and artisanal practices
• Selected regional approaches to fisheries management
• The influence of legal approaches to climate change, especially with respect to low-lying island coastal states.

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

The concept of development has been crucial to structuring international legal relations from the end of World War II to the present day. During that time, international law and institutions have taken on ‘development’ as a primary project. In both the public and economic domains, the vast majority of international institutions engage with the development project in some shape or form.

This subject invites students to think about the nature and importance of development and its relation to international law. The history of development in relation to imperialism, decolonisation, the Cold War and globalisation means that this set of relations is complex and dynamic. Understanding it is crucial to understanding the place of international law, and the work development does in the contemporary world.

Indicative list of principal topics:

• Law and development as a field
• The ‘development’ concept and its precursors
• The relationship between the concepts of ‘law’ and ‘development’
• The institutionalisation of development
• Development, imperialism, decolonisation and the nation state
• Permanent sovereignty over natural resources and the new international economic order
• Debt crises and development(s) at the Bretton Wood institutions
• Trade and development
• Globalisation, governance and the rule of law
• Sustainability, democracy and human rights
• Resistance, alternatives and post-development.

This subject provides a conceptual, historical and theoretical frame for students undertaking Master of Law and Development in which to situate and critically assess learning in other subjects. For students in other courses, this subject will help you understand the importance of the concept of development to our understandings of international law and appreciate development’s central role in the construction and maintenance of contemporary global orderings.

View detailed information in the Handbook

This subject will provide students with an understanding of key concepts in the field of leadership and enable them to more effectively assume leadership responsibilities within organisations, legal practices and/or the community more broadly. The subject aims to give students not only a theoretical understanding of leadership but practical skills and approaches that they can enact both during the course and subsequently to enhance their careers and impact. The subject focuses on the particular challenges and opportunities for lawyers seeking to have impact in modern organisations and the community through leadership. The modes of instruction will include experiential learning, transformative learning, collaborative learning and guest speaker presentations. Students will draw on their own experience of leadership (as both leaders and followers) as well as biographical and hypothetical case studies in leadership. This subject is designed for students who have worked in organisations or legal practices and who have an interest in assuming leadership responsibilities.

Indicative list of principal topics:

• A brief modern history of leadership (tracing the evolution of leadership from the industrial age to the present)
• Lawyers as leaders (the role of advocacy, emotional stability, expertise and objectivity in modern leadership)
• Harnessing human motivation
• Authority and leadership
• Leading in complexity
• Leading change
• The psychology of judgment and decision making (as individuals and in groups)
• Self as leader (preferences for behaviour, emotional intelligence, self-awareness and cognitive flexibility)
• Sustainable leadership

Students in the Melbourne Law Masters program who would like to take this subject as an elective should have a minimum of 2-5 years relevant legal work experience.

View detailed information in the Handbook

This subject will provide students with an understanding of key concepts in the business of law, that is, the fields of strategy, culture, leadership, marketing, human resources and legal technology. It will provide students with the ability to contribute more effectively to management decision-making. The subject aims to give students a greater appreciation of the keys to business success. The mode of instruction will include case study analysis, guest speaker presentations and interactive lectures. This subject is ideal for those working in any professional services context, including law firms, community legal practices, in-house legal teams or any other type of business advisory practice.

Indicative list of principal topics:

• Practice economics
• Organisational culture and change management
• Strategy formulation and implementation
• Managing people
• Partner remuneration, roles and performance management
• Marketing, brand and reputation-building
• Business development, pricing and client relationship management
• Generative AI impact on the business of law
• Improving operational efficiency and effectiveness
• Business planning and measurement
• Why some firms fly.

View detailed information in the Handbook

The subject considers key legal concepts employed in commercial law and the practical role they play in solving commercial disputes. Our focus is on key structures and relationships used in commercial transactions, and the question of how such structures and relationships may affect third parties. As commercial parties often need to decide what legal structure to adopt in a relationship, we consider and compare the differing legal consequences of different types of commercial transactions, looking at their effect on both contracting parties and third parties. In doing so, we look at how key conceptual building blocks of commercial law (such as agency; trusts; sale; and assignment) are applied in practice. Given the international nature of much commercial law, and the important ongoing influence of shared common law concepts, we consider both Australian and English materials.

Students taking this subject will be assumed to have a basic knowledge of the principles of contract law, property law, equity and trusts, as applied in Australia or other legal jurisdictions.

Indicative list of principal topics:

• Agency: internal and external aspects
• The use of trusts in commercial relationships
• Sale and the effect of passing property
• The transfer and protection of intangible commercial rights, including assignment of choses in action
• The role of good faith in commercial transactions.
• Broader themes to be discussed include: (i) the effects of different transactions on third parties, including the limits placed by the law on the parties’ freedom to determine such effects; (ii) the interaction of common law, equity and statute in commercial contexts.

View detailed information in the Handbook

Equitable doctrines and remedies lie at the heart of commercial conduct, transactions and private law litigation. They provide unique standards of conduct that restrict and guide commercial dealings and a raft of powerful personal and proprietary remedies that dictate defendant liability when transactions fail. Over recent years their influence has been seen in important judicial decisions affecting commercial dealings. This subject considers some of the more pressing points of convergence between equitable doctrine and commercial practice, drawing throughout comparisons with the law in Australia and that in England and Wales. In doing so, our subject is tightly structured to ensure that students are exposed to cutting-edge legal theory concerning court-led equitable developments and to the ramifications of those developments at the coal-face of commercial practice and dealings.

This subject will be relevant to transaction lawyers involved in planning, initiating and drafting contracts, for corporate lawyers and regulators involved in consumer and banking law and for commercial litigators. The lecturer is an internationally recognised expert in the commercial applications of equitable doctrines and remedies.

Indicative list of principal topics:

• The role of equity in commercial transactions
• Recipient liability
• Accessory liability
• Undue influence
• Vitiating factors and banks
• Quistclose trusts
• Proprietary and promissory estoppels
• Proprietary restitution (unjust enrichment)
• Proprietary restitution (wrongdoing)

View detailed information in the Handbook

Contract interpretation is one of the most important topics in commercial law. In recent years, interpretation disputes have come to dominate contract litigation. Because views can differ as to basic questions — such as whether particular words have a plain meaning, and what ‘commercial sense’ dictates in a given situation — the outcomes of these cases can be difficult to predict. This subject will study the core principles of contract interpretation in Australian and English law. It will also examine the closely related principles concerning implied terms, rectification and estoppel by convention. Current issues and controversies will be considered. The common law approach to contract interpretation will be compared with those adopted in important international instruments such as the United Nations (UN) Convention on Contracts for the International Sale of Goods. The teacher is a former commercial practitioner who has taught contract law for many years and has published widely on relevant topics.

This subject will examine the principles governing the interpretation of commercial contracts, and the closely related principles concerning implied terms, rectification and estoppel by convention.

View detailed information in the Handbook

Contract is central to the legal regulation of most commercial and economic activity, and underlies many specialist areas of legal practice. As market costs and values move, many contracts become increasingly valuable to one party and burdensome to the other. One party’s ability to terminate, or to successfully resist the termination of, a commercial contract is frequently a matter of considerable financial importance. The complex interaction between common law termination rights and rights to terminate expressly conferred by clauses in the contract in question is seldom properly understood, as illustrated by many of the cases from which this subject is taught.

This subject is taught from selected cases rather than textbooks.

Indicative list of principal topics:

• Breach of conditions, including what makes a promissory term a strict condition

• Non-fulfilment of conditions precedent, and associated promissory obligations

• Breaches of intermediate terms, and what makes them sufficiently serious to justify termination

• Repudiation in its different forms

• Breach of time obligations, and the use and consequences of Notices to Perform/Complete

• Express termination clauses—the different principles concerning their operation, and ‘compare and contrast’ the principles concerning termination at common law

• Possible limits on an aggrieved party’s right to terminate through:

  • Election/affirmation
  • Estoppel
  • Breach or an absence of readiness, willingness and ability to perform on his/her own part
  • Relief against forfeiture

• Remedies accompanying effective or attempted terminations, including:

  • Principles of quantifying expectation damages at common law
  • Limited rights to damages on termination pursuant to an express clause
  • Contractual rights to remuneration accrued due prior to the termination
  • Exceptional limitations on the recoverability of contractual remuneration.

View detailed information in the Handbook

Negligence is one of the most heavily litigated causes of action in common law jurisdictions. It is of enormous practical importance in a very wide range of fact situations. It is also a dynamic area of law: the relevant principles are constantly being applied to new fact situations, and the courts are regularly forced to grapple with difficult questions about the scope of negligence liability. This subject examines key issues and controversies in the law of negligence in the light of theoretical and comparative perspectives. The lecturers have both published widely on private law topics, including a range of issues in the law of negligence.

Indicative list of principal topics:

• An overview of the law of negligence, including theoretical and historical perspectives and the place of negligence in tort law and private law
• The duty of care requirement in general terms, including the distinction between duty in law and duty in fact, the approach to the duty question in novel situations and the role of public policy in duty decisions
• Liability for psychiatric injury
• Liability for pure economic loss
• Liability for omissions
• Liability of public authorities
• The standard of care and its application, with particular reference to professional negligence cases
• The requirement of damage
• Factual causation, including recovery for loss of a chance
• Scope of liability (legal causation and remoteness)
• Defences (both common law and statutory).

View detailed information in the Handbook

This subject examines the remedies commonly awarded in commercial litigation. All the major common law, equitable and statutory remedies will be covered, along with personal remedies, such as damages and proprietary remedies, such as the constructive trust. The strategic selection of remedies in commercial disputes will be considered and Australian law will be compared, where relevant, with the law of other major commercial law jurisdictions.

Indicative list of principal topics:

• Damages in tort (excluding personal injuries) and for breach of contract, including issues of concurrency, where both tort and contract damages are available. Expectation and reliance damages and the protection of the ‘performance interest’ in contract. The role of liquidated damages clauses, and the penalties doctrine, will be considered, as well as the principles governing the award of exemplary and nominal damages.
• Statutory damages awards, with particular reference to damages awarded under the Competition and Consumer Act 2010 (Cth)
• Equitable compensation for breach of equitable obligations, including breach of fiduciary obligation. Statutory damages under the Chancery Amendment Act 1858 (Imp) and equivalent Australian legislation
• Specific performance of contracts, with particular reference to the role of specific performance in common law and civil law jurisdictions
• Injunctions, including a study of the interests protected in injunction litigation. Interlocutory orders, including Mareva orders, will be examined
• The account of profits as a remedy for equitable wrongdoing, and debates about the availability of the account of profits as a remedy for breach of contract
• Proprietary remedies, with particular reference to the distinction between institutional and remedial constructive trusts
• A comparison of the role of the constructive trust, in commercial litigation, in Australia, the United Kingdom and the United States.

View detailed information in the Handbook

This core tax subject examines the law, policy and structural features of capital gains tax (CGT) in Australia and considers and applies CGT rules in a number of different private and business contexts. The subject examines the operation of CGT in detail in the context of the treatment of information and goodwill, earn-outs, the application of CGT to non-residents, in relation to real estate transactions, litigation and the use of trusts and deceased estates.

Indicative list of principal topics:

• The capital revenue distinction
• Structure of the capital gains tax system and its interaction with other tax provisions
• Selected CGT Events and their key concepts
• The CGT treatment of information and goodwill
• The CGT treatment of earn-outs
• The application of CGT to non-residents
• CGT rollovers
• The small business CGT concessions
• Capital gains tax problems in conveyancing and real estate development
• Capital gains tax problems in compensation payouts
• Capital gains tax problems in trusts and estates.

View detailed information in the Handbook

Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system—they must grapple with and question the operation of other corporate tax systems. This subject seeks to develop an ability to understand and analyse any corporate tax system and assess its impact on corporate decision-making. With a dedicated textbook (written by the presenter), this subject compares a number of influential and archetypal corporate tax systems (both common law and civil law) and assesses their behaviour in the context of practical problems. For tax professionals, this subject develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals.

This subject will compare and analyse corporate income tax law in selected countries (Australia, China, Germany and the US, with some reference to the UK) and consider how these laws interface with corporate law. Participants will be encouraged to discuss other jurisdictions with which they are familiar and students are permitted to cover other countries in their research paper. The approaches adopted are analysed by reference to various policy options available. There is a particular focus on problems caused by the artificiality of corporations.

Indicative list of principal topics:

• Identification of entities (including hybrids) subject to corporation tax
• Corporate groups and personal service companies
• Debt versus equity and relief from economic double taxation of dividends
• Cross-border corporate income and dividends
• Gains/losses on the disposal of shares, takeovers and sale of loss companies
• Corporate formation, share buy-backs and liquidation
• Bonus issues, convertible notes, mergers and demergers.

View detailed information in the Handbook

This subject will provide a detailed comparative analysis of the principal topics in international income taxation. Following an introduction to the foundations of international tax systems, the core principles of international income tax will be examined, with the different approaches taken by nations (developed, emerging, and developing countries) outlined and critiqued. This discussion will include the multilateralised bilateralism established by the tax treaty models of the OECD and UN, which form the basis for the more than 3.500 existing tax treaties. Based on a deeper understanding of those building blocks, the different perspectives of various nations with regard to the fair allocation of taxing rights, especially in the globalised and digitalised economy, will be explored. We will include a focus on the recent and ongoing (multilateral) attempts to stabilize the international tax system, such as the OECD Base Erosion and Profit Shifting (BEPS) project, the OECD Two Pillar Solution, ongoing transparency efforts, and work on the UN Framework Convention. It will also address the relationship between international trade and investment law and tax law, particularly amid rising trade tensions.

Our subject equips students to analyse international tax issues using a comparative approach and to acquire a deep understanding of the underlying structural, institutional, and policy influences that have shaped and will shape international income tax systems. This knowledge is directly applicable to analysing international tax problems in any country.

Indicative list of principal topics:

• Broad trends in international tax policy and structure across countries;
• Jurisdiction to tax (residence and source) and the impact of tax treaties;
• Taxation of foreign income of residents, including elimination of double taxation;
• Taxation of non-residents, including the scope of source taxation and "fair" allocation of taxing rights;
• International anti-avoidance rules, including controlled foreign company rules, thin capitalisation rules/interest barrier rules, indirect transfer rules, and transfer pricing;
• OECD and UN initiatives in international taxation, including BEPS, Two Pillars, UN Framework Convention, Global Forum);
• The relationship between international trade and investment law and tax law.

View detailed information in the Handbook

This core tax subject examines the policies, detailed rules and current practical problems involved in the taxation of companies and shareholders in Australia, particularly at shareholder level. The lecturers are leading practitioners and they will consider the tax rules that apply to shares, corporate distributions, Australia‘s imputation system and the debt-equity integrity rules.

This subject consists of a detailed examination of the tax rules applied to companies and shareholders in a domestic setting in Australia, with a focus on issues at the shareholder level.

Indicative list of principal topics:

• The policy and problems of taxing companies and shareholders
• Tax treatment of contributions of share capital and assets to a company
• Debt-equity classification
• The corporate shareholder imputation system
• Private company deemed dividends
• Franking credit and capital streaming and associated anti-avoidance rules
• Taxation of company distributions and dealings with interests in companies, including liquidations and share buybacks.

View detailed information in the Handbook

This advanced corporate tax subject provides an in-depth analysis of the tax rules for Australia‘s largest public and private consolidated corporate groups, and the rules for use of losses by companies and corporate groups. It includes detailed discussion of the latest reforms in these highly technical areas of corporate tax practice, in light of tax policy applicable to companies and consolidated groups operating in Australia today. This subject is co-taught by experienced lecturers who combine academic and practitioner experience to deliver this advanced and commercially essential subject.

Indicative list of principal topics:

• The rules for membership and formation of a consolidated group in Part 3-90 of the Income Tax Assessment Act 1997 (Cth)
• Operation of a consolidated group through normal trading operations, including the single entity rule, treatment of assets and liabilities, tax payment obligations, tax-sharing agreements and the company shareholder imputation system for consolidated groups
• Tax cost setting on joining and leaving of subsidiary members of a consolidated group, including group-to-group transactions
• Tax rules for multiple entry groups owned by foreign investors in Australia
• The interaction of consolidated group tax rules with other tax rules
• Tax rules for losses in companies and consolidated groups, including loss integrity rules, in Divisions 165 and 166 of the Income Tax Assessment Act 1997 (Cth).

View detailed information in the Handbook

This core tax subject examines the fundamentals of taxation, with a focus on Australia’s most important tax: the personal income tax. It engages with the tax law that is most relevant to legal and tax practice for individuals and businesses.

This subject equips students to interpret statutory tax rules and apply judicial approaches, and to understand the policy and implications of tax reform in this fast-changing and challenging area of law. This subject is required for international tax students and is recommended for all masters students who have had little previous study or experience in tax law and wish to gain a solid grounding in the area.

Indicative list of principal topics:

• Overview of federal and state taxes in Australia, how tax laws are made, sources of tax law, tax policy and design principles and reform
• The structure of the income tax, concept of income and tax rates
• Income tax law, including calculation of taxable income; definition of income from services, property and business, capital gains, deductions and treatment of business and investment assets
• Overview of income tax of business and investment entities
• Tax avoidance and evasion, and the general anti-avoidance rule.

Important information about this Subject

All international students are required to undertake Foundations of Tax Law. This subject provides a necessary grounding in Australian common law and statutory law of taxation, enabling a comparison with students’ home country tax systems. It provides the foundation for successful study in the other tax subjects studied in the course.

This applies to students enrolled in the following courses:

• Master of International Tax
• Master of Tax
• Graduate Diploma in International Tax
• Graduate Diploma in Tax
• Specialist Certificate in Tax

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

This subject will examine Australia’s Goods and Services Tax (GST). The subject identifies the core legislative features in Australia’s GST contained in the A New Tax System (Goods and Services Tax) Act 1999.

Indicative list of principal topics:

• introduction to the GST: the objectives of a tax on household consumption expenditure and the design features and legislative scheme of Australia’s GST;
• GST’s ‘basic rules’ and the legislative building blocks contained in the GST law: the taxable person, consumption expenditure, tax value, registration, jurisdictional scope, supplies to and from offshore, exemptions, the destination principle (exports and imports) and input tax relief; and
• a legislative overview of the Australian GST treatment of the “difficult to tax” issues: real property and financial services.
• an analysis of rulings and cases that are relevant to the operation of, and compliance with, Australia’s GST in practice; and
• reference to the value-added tax systems in other jurisdictions such as the European Union, United Kingdom, New Zealand and Singapore.

View detailed information in the Handbook

This subject extends the study of international tax from fundamental principles to a range of advanced topics affecting inbound and outbound investment by companies, other entities, and individuals. The subject examines tax design and policy as well as the technical operation of Australian tax law. Recurrent themes include international tax avoidance, counter-measures developed through the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project, Australia’s legislative and treaty responses to BEPS, and the counterpoint of avoiding or relieving international double taxation. The subject includes a critical examination of the policies underlying Australia’s rules and whether their technical implementation achieves their policy objectives. It also considers the ongoing reform of international tax rules, particularly through the BEPS Project. BEPS reforms are redefining the rules for countering international tax avoidance. This subject enables scholars and practitioners working in international tax to be aware of how international tax rules are being developed and reformed both globally and in Australia.

Indicative list of principal topics:

• Australia’s CFC rules, studied in depth
• Transferor trust rules
• The multinational anti-avoidance law (MAAL)
• The diverted profits tax (DPT)
• Thin capitalisation rules
• Hybrid mismatch rules
• Tax treatment of unfamiliar or hybrid entities
• Treaty-related anti-avoidance rules
• Exchange of information and other administrative assistance between tax administrations

View detailed information in the Handbook

This core international tax subject is of central importance given Australia’s ever-growing role in the modern, global economy. and contemporary reforms intended to address the effects of digitisation and base erosion and profit sharing This subject covers the fundamental international income tax rules that apply where income or capital gains are derived in circumstances that have a connection with Australia. It considers Australia’s tax jurisdiction of residence and source, and relief from double taxation under domestic law. It also examines measures to prevent tax avoidance, such as controlled foreign company rules.

This subject is designed to explore in detail the fundamental principles of Australia’s international taxation regime. The subject will examine both the issues of tax design and policy, and the relevant provisions in the legislation, cases and rulings.

Indicative list of principal topics:

• Principles of international taxation
• Rules for determining residence and source
• Rules for the taxation and avoidance of double tax of residents’ foreign income including foreign income tax offsets and exemption of foreign income
• Rules for the taxation of non-residents’ Australian source income (business income, interest, dividends and royalties)
• Introduction to accruals taxation of controlled foreign corporations.
• Overview of rules for the prevention of base erosion and profit shifting including the multinational anti-avoidance law, diverted profits tax and thin capitalisation rules.

Note: Advanced treatment of tax treaties, controlled foreign corporations and trusts, thin capitalisation, transfer pricing, base erosion and profit shifting will be provided in the following suite of advanced and specialist international tax subjects.

• International Tax: Anti-Avoidance
• Transfer Pricing
• Tax Treaties
• Current Issues in International Tax

View detailed information in the Handbook

Chinese tariffs and tax law and policy play an important role in doing business with China. This subject offers a general introduction of the Chinese tariffs and tax regime, and also addresses the core elements of Chinese tariffs, value added tax, individual income tax, enterprise income tax, anti-tax avoidance measures and tax treaties which usually are the key factors influencing international trade and investment when involving China. Furthermore, the subject will bring you up to date through exploring the impact on China by the ongoing trade war and the international initiatives to tax digital economy, both of which are of high attention from business.

Indicative list of principal topics:

• A general introduction to the Chinese tariffs and tax regime: source of law, main players, tax mix, tax administration and dispute resolution.
• China’s tariffs law and policy: WTO, free trade zones, anti-dumping and anti-subsidy, and impact by the trade war.
• China’s Value Added Tax: the governing laws, taxpayers, calculation, and tax invoices.
• China’s Individual Income Tax: the governing laws, taxpayers, calculation, and filing.
• China's Enterprise Income Tax: the governing laws, taxpayers, source rules, tax rates, calculation and filing obligations, and tax incentives.
• China's tax treaties: bilateral tax treaties and multilateral conventions, taxing business profits, permanent establishment, taxing dividends, interest and royalties, credit method.
• China's anti-tax avoidance measures and tax cases: transfer pricing rule, thin capitalisation rule, CFC rule, GAAR and taxing offshore indirect shares transfers.
• Impact on China by the G20-OECD BEPS Project and the Two-Pillar Solution to address the tax challenges arising from the digitalisation of the economy.

View detailed information in the Handbook

Effective tax administration is at the heart of making tax policy work in practice. This subject takes you inside the workings of the Australian tax system — and beyond — to explore how laws are applied, enforced, and interpreted in the real world. We will examine the central role of the Federal Commissioner of Taxation and the Australian Taxation Office (ATO), uncovering how they exercise their powers, make decisions, and interact with taxpayers, tax professionals, and other government bodies at home and abroad.

This subject offers a rare opportunity to view tax administration from multiple perspectives — as a taxpayer, a tax professional, a regulator, and a policy-maker — giving you a deeper understanding of how the system really works and how to navigate it successfully.

Indicative list of principal topics:

• How the tax system operates under Australia’s self-assessment regime
• The ATO’s structure, governance and internal checks and balances
• Compliance strategies, information-gathering powers and investigations
• The ATO’s advice and guidance to taxpayers — and how to use it effectively
• The Commissioner’s general and remedial powers
• The relationship between the ATO, the tax profession, and the Tax Practitioners Board
• Taxpayer rights, including challenging ATO decisions
• Oversight and scrutiny of the ATO by Parliament and other government agencies
• The ATO’s role in shaping tax policy and legislation
• The ATO’s engagement with global bodies such as the OECD

This subject is taught by Professor Ali Noroozi who has more than 32 years of experience spanning government, private practice, and academia. He offers a unique insider’s perspective on tax administration. As Australia’s Inspector-General of Taxation from 2008 to 2018, he led an independent agency reviewing the actions of the ATO and the Tax Practitioners Board, driving reforms that shaped the modern tax landscape. His earlier career included senior roles in leading law and accounting firms in Australia and the UK. Students benefit not only from his deep technical expertise but also from the wealth of real-world insights and practical strategies he brings to the classroom.

View detailed information in the Handbook

This subject examines both general and specific anti-avoidance provisions in Australia and in comparable jurisdictions. The subject will examine in detail the provisions of Part IVA of the Income Tax Assessment Act 1936 (Cth), as well as its Goods and Services Tax (GST) equivalent, and consider the differences between permissible tax planning and impermissible tax avoidance.

Indicative list of principal topics:

• Concepts of tax avoidance
• General anti-avoidance provisions
• Specific anti-avoidance provisions
• Judicial responses to tax avoidance
• Obligations of taxpayers and advisers in relation to tax avoidance
• Tax avoidance and consolidation.

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

This core tax subject is designed to explore in detail the fundamental principles of income tax, fringe benefits tax and capital gains tax in relation to business and investment. It will provide the requisite skills and knowledge to identify and better deal with income tax problems that arise in practice and in other tax subjects. The lecturers are leading practitioners or academics with extensive experience in the field.

Indicative principal topics include:

• The structure of the Australian income tax system
• The structure of the legislation, interaction mechanisms and derivation
• Multi-step transactions
• Deferred payments
• Expense characterisation and calculation of cost
• Valuation and conditions of employment
• Reimbursements and apportionment of deductions
• Capital gains tax: dissecting receipts and part disposals
• Deemed disposals
• Capital allowances and cost-base write-down
• Creation of liabilities
• Reimbursement and recovery of expenses.

View detailed information in the Handbook

This subject critically examines and provides students with a deep understanding of the legislative frameworks, judicial doctrines, and administrative practices that govern the taxation of employment income and personal services income in Australia. It also touches on broader employment and labour law concepts, in understanding more deeply the relevant taxation consequences relating to human capital and personal exertions, and from the perspective of all relevant parties.

This subject has an Australian focus.

Indicative list of principal topics:

• Fundamental tax principles relating to salary/wages/commissions/bonuses
• Fringe Benefits Tax
• Superannuation Guarantee / Superannuation Guarantee Charge
• Payroll Tax (in all States/Territories)
• The distinction between employees and contractors
• Taxes relating to expatriates and income equalisation
• Employee share schemes
• Employment termination payments

View detailed information in the Handbook

All governments need robust tax systems capable of funding them. Modern tax systems have also taken on other public policy roles, in income distribution and economic activity, and become integral to governments’ social and economic policies. Tax policy design thus entails a challenging mix of economic, social, legal, accounting and administrative policies - which has become more complex in a world of increasingly mobile capital and labour.

This subject looks at Australia’s tax system and experience with reform over recent decades, comparing it with other countries. The subject will analyse the available tax bases, the interactions between the tax and transfer systems and issues of tax law design and administration.

Indicative list of principal topics:

• Introduction to economics, fiscal policy and the processes of government
• Principles, objectives and main concepts in tax policy formulation
• Analysis of the main tax bases in Australia
• Major issues in tax reform in Australia, including in relation to revenue adequacy, economic efficiency, social equity and administrative simplicity
• Interactions between the tax and transfer systems
• The potential of the tax system to pursue environmental objectives

View detailed information in the Handbook

Globally, countries have negotiated more than 3,000 bilateral tax treaties and the number of treaties continues to grow. Tax Treaties provides an in-depth examination of international tax treaties, regarding both inbound and outbound investment. This subject uses the Organisation for Economic Co-operation and Development (OECD) Model Treaty and Commentary and examines important tax treaties of Australia and its major trading partners.

Professor Richard Vann has advised the OECD and country governments on these issues. This lively, engaging and relevant subject equips students to deal with the most topical and advanced issues of international tax in the application and interpretation of tax treaties, including the meaning of permanent establishment and taxation of business profits, residence and source, the treatment of investment income, exchange of information and avoidance of double taxation.

Indicative list of principal topics:

• The role of tax treaties in preventing double taxation and tax avoidance
• Interpretation of tax treaties
• Relationship between tax treaties and domestic law
• Impact of tax treaties on investing in Australia
• Impact of tax treaties on investing overseas
• Entities and tax treaties
• The mutual agreement procedure
• Tax treaties and tax avoidance.

View detailed information in the Handbook

Although relevant for all superannuation funds, this subject focuses heavily on self-managed superannuation funds (‘SMSFs’). This subject deals with the underlying policies, technical rules and current practical problems in relation to the taxation of SMSFs and their prudential management. In particular, it considers what investments and structures superannuation funds can use while still attracting concessional tax treatment along with how income is taxed, the treatment of contributions to those funds and the taxation of benefits paid. It also includes a detailed consideration of succession planning issues and how to apply those considerations in practice.

Indicative list of principal topics:

• The Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation Industry (Supervision) Regulations 1994 (Cth): Detailed consideration of the key investment and other prudential rules, the policy behind them and how to apply them in practice
• Taxation of superannuation: overview of policy and legislative framework for contributions, investment and the payment of benefits, as well as the different structuring options available to practitioners
• Succession planning: the key rules, where there often is a difference between what an SMSF member wants and what the rules allow, how best to seek to ensure that a member’s wishes are achieved and the interplay with tax (including stamp duty) efficiency.

View detailed information in the Handbook

This core tax subject will examine in depth the Australian income tax rules applicable to trusts, including significant new and ongoing reforms and policy developments. It will apply these rules to the range of applications of private trusts, such as unit trusts and family discretionary trusts.

Indicative list of principal topics:

• Definition and types of trust at law and for tax purposes and framework of trust tax rules
• Taxation of trust income to beneficiaries and trustees, present entitlement, income, net income and flow-through of tax attributes, such as franking credits and capital gains
• Trust losses
• Anti-avoidance and integrity rules
• Capital gains for trusts, including formation, distributions, termination, unit trusts and deceased estates
• Dividend imputation for trusts.

View detailed information in the Handbook

International transfer pricing is the price charged for the cross-border transfer of assets or services between associated enterprises in a multinational enterprise group. Transfer pricing is consistently identified in international surveys of multinational enterprises as the most important tax issue they face. Multinational enterprises have to deal with demands from the various jurisdictions in which they operate as national tax agencies implement measures to protect their revenue from cross-border trade between associated entities.

This subject studies the Australian transfer pricing rules and their application. The Australian transfer pricing rules are based on the Organisation for Economic Co-operation and Development (OECD) Transfer Pricing Guidelines. This subject is designed for tax advisers, in-house tax managers and government officials, as well as those practising in transfer pricing. A background in transfer pricing is not required.

Indicative list of principal topics:

• OECD guidelines on transfer pricing
• Australia’s tax legislation and tax rulings on transfer pricing
• Australia’s tax treaties and transfer pricing
• Case law
• Transfer pricing methodologies—selection and application for the following transactions in respect of tangible goods, intangible assets, services and financial transactions
• Transfer pricing documentation requirements
• Performing a comparable search (benchmarking)
• Completing the transfer pricing section of the tax return
• Risk reviews and audit approach.

View detailed information in the Handbook

This is a foundational subject in the Melbourne Law Masters (MLM) which is compulsory for graduates of disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia.

The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice.

The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer.

Indicative list of principal topics:

• How to read and analyse a case
• The concept and use of precedent
• Evolution of a common law principle
• Common law issues: judicial activism, separation of powers
• The role of the High Court and an overview of the Constitution
• The relationship between the Constitution, case law and statute law
• Influences of other sources of law on the common law
• How to read and analyse statutes
• Approaches to statutory interpretation
• Legal writing skills and expectations in the MLM program.

Important information about this Subject

This subject is an important foundational skills-based subject for many common-law focussed subjects in the Melbourne Law Masters. We recommend Masters students needing an introduction to the common law enrol in this subject when they first start their program of study. For most graduate diploma students, Australian Legal Process and Legal Institutions (ALPLI) is the alternative intensive offering.

All students enrolled in the following common-law focussed Masters courses are strongly recommended to take LAWS70217 Fundamentals of the Common Law (if you don't already have prior professional or educational background in the common law):

• Master of Banking and Finance
• Master of Commercial Law
• Master of Construction Law
• Master of Employment and Labour Relations Law
• Master of Energy and Resources Law
• Master of Health and Medical Law
• Master of Intellectual Property Law
• Master of Private Law
• Master of Laws (if you wish to focus on one of these common-law areas above)

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

International Legal Internship allows students to gain credit for undertaking advanced legal research and analysis on an approved international internship of at least five weeks of full-time work in an approved international institution or organisation. This subject is focused on providing students with an opportunity to engage with legal and policy issues in contemporary society through work experience and further develop oral and written communication skills. Students are required to secure and fund their internships personally.

Students are encouraged to discuss their internship proposals with the subject coordinators. Students who successfully enrol in International Legal Internship must arrange a meeting with at least one of the subject coordinators both prior to their internship and upon completion, to develop a better understanding of research and the role of international institutions in international law and relations.

Important information about enrolling

This subject is not available for self-enrolment but is an application-based enrichment subject, which means prospective students must apply to enrol.

More information about the application process can be found on the MLM International Legal Internship webpage.

View detailed information in the Handbook

This is a foundational subject in the Melbourne Law Masters (MLM) which is compulsory for graduates of disciplines other than law and for law graduates from countries with a non-common law system. It provides students with an opportunity to acquire the foundational legal skills necessary for studying and working in a common law system, such as that in Australia.

The common law forms one of the two principal systems of Western law that, through colonisation, have spread throughout the world. Common law systems have a distinctive approach to understanding the sources of law, the role of law-making institutions, and processes for resolving disputes. These characteristics of the common law system have had a profound effect on the development not only of the societies in the countries in which it applied, but also on international law and practice.

The aim of this subject is to acquire basic foundational legal skills that will assist you with other subjects in the MLM program. The subject teaches students how to read, use and interpret reported cases and legislation. The subject explains the sources of law, what influences them, and how they influence the development of the common law. These aims are given in context of some contemporary debates on common law reasoning by assessing the role of the High Court of Australia. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer.

Indicative list of principal topics:

• How to read and analyse a case
• The concept and use of precedent
• Evolution of a common law principle
• Common law issues: judicial activism, separation of powers
• The role of the High Court and an overview of the Constitution
• The relationship between the Constitution, case law and statute law
• Influences of other sources of law on the common law
• How to read and analyse statutes
• Approaches to statutory interpretation
• Legal writing skills and expectations in the MLM program.

Important information about this Subject

This subject is an important foundational skills-based subject for many common-law focussed subjects in the Melbourne Law Masters. We recommend Masters students needing an introduction to the common law enrol in this subject when they first start their program of study. For most graduate diploma students, Australian Legal Process and Legal Institutions (ALPLI) is the alternative intensive offering.

All students enrolled in the following common-law focussed Masters courses are strongly recommended to take LAWS70217 Fundamentals of the Common Law (if you don't already have prior professional or educational background in the common law):

• Master of Banking and Finance
• Master of Commercial Law
• Master of Construction Law
• Master of Employment and Labour Relations Law
• Master of Energy and Resources Law
• Master of Health and Medical Law
• Master of Intellectual Property Law
• Master of Private Law
• Master of Laws (if you wish to focus on one of these common-law areas above)

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook