Graduate Coursework

Master of Private Law

Course code: MC-PRIVLAW

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Domestic students
domestic
International students
international
Duration
1 year full time / 2 years part time
Mode (Location)
On campus (Parkville)
Intake

February, March, June, July, August

Key dates

Fees

AUD $49,984 (2026 indicative first year fee). Commonwealth Supported Places (CSPs) are not available

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Duration
1 year full time
Mode (Location)
On campus (Parkville)
Intake

February, March, July

Key dates

Fees

AUD $60,992 (2026 indicative first year fee)

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English language requirements

IELTS 6.5: with no band less than 6.0

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CRICOS code
076224M
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Course structure

Overview

Course structure

Students must complete 100 credit points in total.

Students who do not have a law degree from a common law jurisdiction must complete Fundamentals of the Common Law, as well as 87.5 credit points of study from the prescribed list of subjects.

Students with a law degree from a common law jurisdiction must complete 87.5 credit points of study from the prescribed list and may choose 12.5 credit points from the subjects available in the Master of Laws (excluding Fundamentals of the Common Law and the Minor Thesis).

Subject timing and format

The Melbourne Law Masters program has been designed around the busy schedules of working professionals. Subjects are offered from February to December each year. Most subjects are taught intensively over five days, with some subjects taught for two hours each week during the semester.

Subjects delivered online will have a combination of pre-recorded lecture content, live sessions and discussion boards among other resources. On-campus subjects involve interactive, seminar-style classes in the Law Building in Melbourne.

Duration

Full-time students enrol in 50 credit points per semester (or half-year period) and have an expected course duration of one year. Part-time* students enrol in 25 credit points per semester (or half-year period) and have an expected course duration of two years. Semesters without enrolments require a student to apply for a leave of absence.

*Part-time enrolment is for domestic students only. Part-time students may reduce their study load to 12.5 credit points per half-year period and thus have a maximum course duration of four years.

For detailed course and subject information, see the Handbook: Master of Private Law.

Profile

Professor Andrew Robertson

The field of private law is concerned with the rights and obligations that lie at the heart of commercial transactions and commercial litigation.

— Director of Studies, Private Law - Andrew Robertson

View profile

Professor Andrew Robertson

Explore this course

Explore the subjects you could choose as part of this degree.

2026 Subjects

Compulsory subject

Students who do not have a law degree from a common law jurisdiction must complete Fundamentals of the Common Law, as well as 87.5 credit points from the prescribed list.

Accordion
Fundamentals of the Common Law · 12.5 pts

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

Private Law subjects

Accordion
Advanced Commercial Law: Current Issues · 12.5 pts

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

Australian Consumer Law · 12.5 pts

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

Commercial Applications of Equity · 12.5 pts

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 · 12.5 pts

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 Termination · 12.5 pts

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

Copyright Law · 12.5 pts

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

Employment Contract Law · 12.5 pts

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

International Legal Internship · 12.5 pts

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

Negligence · 12.5 pts

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

Patent Law · 12.5 pts

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

Principles of Banking and Finance Law · 12.5 pts

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

Principles of International Law · 12.5 pts

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

Privacy Law · 12.5 pts

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

Private Law and Government · 12.5 pts

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

Remedies in Commercial Law · 12.5 pts

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