ANU College of Law GRADUATE LAWANU College of Law GRADUATE LAW Guide to Coursework and Research...

ANU College of Law

GRADUATE LAWGuide to Coursework and Research Study

ANU College of LawBuilding 5, Fellows RoadThe Australian National UniversityCanberra ACT 0200 Australia

T: 02 6125 0510E: [email protected]: http://law.anu.edu.au

Printed August 2010

Cricos Provider No: 00120C

INDEX

MESSAGE FROM THE DEAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

SUMMARY OF GRADUATE PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

LAW SCHOOL COURSEWORK PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

ANU JURIS DOCTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

MASTER OF LAWS & GRADUATE DIPLOMA IN LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

MASTER OF LEGAL STUDIES & GRADUATE DIPLOMA IN LEGAL STUDIES . . . . . . . . . . 9

SPECIALIST PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

INTERNATIONAL LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

GOVERNMENT & COMMERCIAL LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

ENVIRONMENTAL LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

LAW, GOVERNANCE AND DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

LEGAL PRACTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

COURSEWORK ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

ANU LEGAL WORKSHOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

GRADUATE DIPLOMA IN LEGAL PRACTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

GRADUATE CERTIFICATE IN AUSTRALIAN MIGRATION LAW & PRACTICE . . . . . . . . . 23

MILITARY LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

PROFESSIONAL SHORT COURSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

RESEARCH STUDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

DEGREE PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

RESEARCH ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

CENTRES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

2 | Graduate Law

MESSAGE FROM THE DEAN

In 2009, for the first time, the number of students enrolled in the ANU College of Law’s postgraduate programs exceeded the number of students enrolled in the College’s undergraduate LLB program. While the LLB remains indisputably part of the College’s ‘core business’, this shift indicates the importance that we, as a community, are placing on further qualifications beyond the primary undergraduate degree.

A large and attractive postgraduate program is a good ‘fit’ for the ANU. On the research side, this plugs into the ANU’s renowned strength as a research intensive university, and in the discipline of law it offers a great opportunity to undertake a research masters (the M Phil), a professional doctorate (the SJD), or the more traditional PhD. On the coursework side (which also offers research and writing opportunities on a smaller scale), it offers a wide diversity of specialist qualifications, as well as opportunities for more general and eclectic study; with adroit combinations, you should be able simultaneously both to make yourself more competitive in the job market and to satisfy your intellectual curiosity.

I am very proud to be Dean of Law at the university that is consistently ranked as the leading university in Australia and as high as 16th in the world. You, your learning experiences with us, your engagement with our ethos of law reform and social justice, and the contribution you will make to society with your further qualifications, are an important part of why we are ranked so highly. I invite you to be part of our growing postgraduate community, which warmly embraces both local and international students and which is pivotal to our educational mission as part of Australia’s national university. I look forward very much to welcoming you into our great collective enterprise.

Professor Michael CoperDean of LawRobert Garran Professor of Law

August 2010

Guide to Courwork and Research Study | 3

Summary of Graduate Programs

Name Abbreviation Program Code Eligibility Page

Coursework Programs

ANU Juris Doctor JD 7330XJD Non-lawyers 5

Master of Laws LLM 7300XLLM Lawyers 8

Master of Legal Studies MLegStudies 7305XMLEGS Non-lawyers 9

Graduate Diploma in Law GradDipLaw 6300XGDLAW Lawyers 8

Graduate Diploma in Legal Studies GradDipLegStudies 6305XGDLS Non-lawyers 9

Master of Laws specialising in International Law LLM 7300SINTL Lawyers 10

Master of International Law MIntLaw 7310XMINTL Non-lawyers 10

Master of Diplomacy/Master of Laws specialising in

International Law

MDipl/LLM 7883SINTL Lawyers 10

Master of Diplomacy/Master of International Law MDipl/MIL 7893MINTL Non-lawyers 10

Graduate Diploma in Law specialising in International Law GradDipLaw 6300SINTL Lawyers 10

Graduate Diploma in International Law GradDipIntLaw 6310XGDINT Non-lawyers 10

Master of Laws specialising in Government & Commercial Law LLM 7300SGCL Lawyers 12

Masters of Government & Commercial Law MGovComLaw 7313XMGCL Non-lawyers 12

Graduate Diploma of Law specialising in Government &

Commercial Law

GradDipLaw 6300SGCL Lawyers 12

Graduate Diploma in Government & Commercial Law GradDipGovComLaw 6313XGDGCL Non-lawyers 12

Master of Laws specialising in Environmental Law LLM 7300SENVL Lawyers 13

Master of Environmental Law MEnvLaw 7309XMENVL Non-lawyers 13

Graduate Diploma in Law specialising in Environmental Law GradDipLaw 6300SENVL Lawyers 13

Graduate Diploma in Environmental Law GradDipEnvLaw 6309XGDENV Non-lawyers 13

Graduate Certificate in Environmental Law GradCertEnvLaw 6351XGCEL Lawyers and

non-lawyers

13

Master of Laws specialising in Law, Governance and

Development

LLM 7300SLGD Lawyers 14

Master of Law, Governance and Development MLawGovDev 7317XMLGD Non-lawyers 14

Graduate Diploma in Law specialising in Law, Governance and

Development

GradDipLaw 6300SLGD Lawyers 14

Graduate Diploma in Law, Governance and Development GradDipLawGovDev 6317XGDLGD Non-lawyers 14

Master of Laws (Legal Practice) LLM(LegPrac) 7312XLLMLP Lawyers 15

Graduate Diploma in Legal Practice GradDipLegPrac 6303XGDLP Lawyers 21

Graduate Certificate in Australian Migration Law & Practice GradCertMigLaw 6353XGCMGL Lawyers and

non-lawyers

23

Master of Military Law (Military Personnel only) MMilLaw 7316XMMIL Lawyers 24

Graduate Diploma in Military Law (Military Personnel only) GDipMilLaw 6315XGDMIL Lawyers 24

Graduate Diploma in Advanced Military Law

(Military Personnel only)

GDipAdvMilLaw 6316XGDAMIL Lawyers 24

Research Programs

Doctor of Philosophy PhD 9030XPHD Lawyers 26

Doctor of Juridical Science SJD 9031XSJD Lawyers 26

Master of Philosophy MPhil 8030XMPHIL Lawyers 26


4 | Graduate Law

LAW SCHOOL COURSEWORK PROGRAMSThe Law School offers a variety of coursework programs to suit lawyers and non-lawyers in the public and private sectors. Programs for lawyers are designed to develop their expertise for professional practice, as well as offer-ing opportunities for the exploration of contemporary legal issues from broader perspectives. Programs for non-law graduates in both the public and private sectors are designed for those who wish to acquire familiarity with legal issues.

Interesting facts

� ANU is Australia’s highest ranking university and among the world’s best*;

� Graduate students are invited to attend all College seminars – many by renowned international visitors;

� ANU College of Law prides itself on its collegial study and work environment;

� The ANU College of Law hosts the National Judicial College of Australia (NJCA), which provides professional development programs for Australia’s judges and magistrates;

� The ANU College of Law hosts the National Centre for Indigenous Studies (NCIS Director and 2009 Australian of the Year Professor Mick Dodson), which conducts research and coordinates indigenous studies across campus;

� The ANU College of Law runs training and continuing education programs for lawyers and other professionals, and undertakes a wide range of projects and consultancies;

� The ANU Collegeof Law has developed a distinct ethos of commitment to the continuous improvement of the law and the operation of the legal system, nationally and internationally, for the benefit of society. The establishment in 2007 of the new position of Director of Law Reform and Social Justice, and the appointment of Simon Rice as the inaugural Director, is a recent manifestation of this commitment.

*Ranked 1st in Australia and 17th in the world by The Times Higher Education Supplement (2009). Ranked 1st in Australia and 59th in the world by the Shanghai Jiao Tong University, Academic Ranking of World Universities (2009).


Duration:

The program can be studied full or part-time with entry points in first and second semester. Students have three years full-time study or up to a maximum of 10 years part time to complete the program.

The ANU JD program consists of the following:

� 15 compulsory courses, worth 90 units;

� 9 law elective courses worth 54 units, including at least two graduate courses (12 units).

� 144 units in total.

Assessment:

Assessment of compulsory courses is via examination and assignments. Graduate courses are normally assessed via research assignments.

ANU Juris Doctor fees for 2011:

Fee Description

$2,400 Domestic students: 6 unit course

A$3,252 International students: 6 unit course

Juris Doctor fees of $26,016 per annum.

A number of Commonwealth Supported Places are offered to domestic applicants.

Application procedure:

Local applicants need to apply through the Universities Admissions Centre (UAC).

http://www.uac.edu.au/pg/index.html

International applicants can apply online at

http://students.anu.edu.au/apply_online.asp

ANU JURIS DOCTOR (JD) The ANU Juris Doctor (JD) is a distinctive program for graduates of non-law disciplines (or non-Australian law graduates). It equips students with the academic qualifi-cation for admission to practice. The degree has a greater focus on research than the LLB degree. It replaced the LLB (G) in 2008.

The ANU JD:

� Distinctive program

� Greater focus on research

� Qualification for admission to practice

Entry requirements:

Applicants are ranked for selection in order of academic merit based on performance in previous qualifications. The level of attainment required for entry in a particu-lar year depends on the overall number and standard of applications. It should be noted, however, that some weighting is still placed on secondary results.

Course delivery:

One of the distinctive characteristics of the ANU JD Pro-gram is the possibility for students to study flexibly. There are a variety of ways that you can sequence your courses, enabling you at most points in the program to take as few as one or as many as four courses simultaneously. There are several courses available over the summer and many elective courses are available in an intensive week-long or weekend format. Consult the Sub-Dean for specific advice on your study program or the JD Director ([email protected]) for general issues and advice relating to study sequences, flexible options and the JD Program.

6 | Graduate Law

Previous law studies:

A student who enrols in the ANU JD degree after com-pleting law studies at another university may only be granted status for up to half of the courses prescribed for the ANU degree. Where a student was previously enrolled in a combined program with law, whether at ANU or at another institution, no status will be given for law courses that were included in the completion of the other award. A student may not repeat a course for which the syllabus is substantially similar to that of a subject passed for the award of another degree or diploma.

Courses:

Compulsory courses:

Course Code Course Name

LAWS1201 Foundations of Australian Law

LAWS1202 Lawyers, Justice and Ethics

LAWS1203 Torts

LAWS1204 Contracts

LAWS1205 Australian Public Law

LAWS1206 Criminal Law and Procedure

LAWS2201 Administrative Law

LAWS2202 Commonwealth Constitutional Law

LAWS2203 Corporations Law

LAWS2204 Property

LAWS2205 Equity and Trusts

LAWS2207 Evidence

LAWS2244 Litigation and Dispute Management

LAWS2249 Legal Theory

LAWS2250 International Law

Student profile

John Carroll | JD

John Carroll is a graduate student undertaking the Juris Doctor program. “After completing my BSc in Psychology at ANU I wanted a new direction” John says. “Law interested me at school, so I thought I’d give it a go”. John decided to study Law at ANU, because the university has a great reputation and from experience he knew it was a great place to study. When asked what he enjoyed most about his Law studies, John replied that he was surprised at being interested in so many areas of law. “Many of the lecturers are brilliant and bring their energy and excitement to teaching their areas of expertise. Also the fact that ANU is situated in the nation’s capital with close access to the seat of Parliament and the High Court is a plus” John says. John is not sure what career path he’ll follow, but hopes to be involved in Constitutional or Administrative Law after he has completed his degree.



LAWS8218 Advanced Contracts

LAWS8240 Australian Human Rights & Discrimination Law

LAWS8181 Australian Climate Law

LAWS8280 Biodiversity Law & Policy

LAWS8110 Business Strategy & Environmental Responsibility (held in Melbourne)

LAWS8175 Citizenship Law in Context

LAWS8154 Competition Law

LAWS8144 Conflict of Laws

LAWS8128 Contemporary Issues in Constitutional Law

LAWS8111 Environment Business & Regulation (held in Melbourne)

LAWS8146 Environmental Landuse Planning Law

LAWS8187 Environmental Litigation

LAWS8243 Freedom of Information & Privacy

Elective Courses:

Students will be able to choose nine electives from the current list available to LLB students (http://law.anu.edu.au/stu-dents/undergradcourses.aspx) and an additional list of nominated graduate courses (see below). See also http://law.anu.edu.au/Postgraduate/Juris_Doctor.asp


LAWS8301 Graduate Research Unit

LAWS8220 Government Contracts

LAWS8237 Health Law & Bioethics in a Global Context

LAWS8180 International Climate Law

LAWS8566 International Criminal Law

LAWS8567 International Dispute Resolution

LAWS8234 International Human Rights Law

LAWS8264 International Law of the Environment

LAWS8229 International Law of World Trade

LAWS8179 International Security Law

LAWS8312 Land, Law & Development in Asia

LAWS8125 Law of Corporate Governance

LAWS8129 Marine & Coastal Law

LAWS8172 Media & Communications Law

LAWS8142 Tort Liability & Public Authorities

LAWS8123 Water Resources Law

8 | Graduate Law

MASTER OF LAWS & GRADUATE DIPLOMA IN LAWThe Master of Laws (LLM) program is an elite program offered to law graduates. This professional program is designed to expand legal expertise in the fast-changing area of legal practice. The program will strengthen stu-dents’ legal knowledge as well as their capacity to advise on practical questions of licensing and promotion of innovation. The program is structured to allow maximum flexibility in the choice of courses so that students may construct the program to their individual needs. The pro-gram requires 48 units usually 8 x 6 unit courses.

Students may choose to undertake the Graduate Diploma in Law which requires the completion of 6 x 6 unit courses chosen to suit personal or professional interests.

Programs available:

Master of Laws Lawyers

Graduate Diploma in Law Lawyers

See also information on study options available after completing the GDLP on page 21.

Director of LLM Program: Professor Don Rothwell [email protected]

Student profile

Victoria Todd | LLM

For Victoria, a legal officer in the Commonwealth public service, studying law at Masters level, provided the perfect complement to her under-graduate degrees. Victoria says “After working as a solicitor in both the public and private sector, my interest in studying law at the Masters level was increased because of the opportunity it provides to critically evaluate the law, build on my current legal knowledge and increase future job prospects”. Vic-toria, originally from NSW, chose to study at ANU because it offers a highly reputable graduate law program with a wide range of courses with a focus on public law. “I enjoy the flexibility the gradu-ate program offers for those who are working full time. Many of the classes are held outside of work hours and online forums enable remote access to course materials and notices” says Victoria. For Vic-toria studying law is a great way to obtain a greater understanding of a vast array of areas which can open up many further study and career opportuni-ties in areas including all aspects of government, journalism, politics, diplomacy, non-profit and aid sector, finance and academia. Victoria also says that the ANU Law school is special because it utilises both academic and practical expertise in its teach-ing staff to foster a balance between academic study and practical application which is vital for areas such as law reform.


MASTER OF LEGAL STUDIES & GRADUATE DIPLOMA IN LEGAL STUDIESThe Master of Legal Studies is a general masters program available to students without a law background. This program is attractive to applicants who want a general knowledge of the areas of law covered in the ANU Col-lege of Law programs. Most applicants will be required to complete the relevant fundamentals courses as prerequi-sites for more advanced courses. The program requires 48 units usually 8 x 6 unit courses. Students may choose to undertake the Graduate Diploma in Legal Studies program which requires the completion of 6 x 6 unit courses.

Programs available:

Master of Legal Studies Non-Lawyers

Graduate Diploma in Legal Studies Non-Lawyers

Course Name Specialist Stream Course Unit Value

Fundamentals of Government & Commercial Law Government & Commercial Law 6 unit

Contemporary Issues in Constitutional Law Government & Commercial Law 6 unit

Conflict of Laws Government & Commercial Law 6 unit

Principles of International Law International Law 6 unit

Advanced Principles of International Law International Law 6 unit

Contemporary Issues in Administrative Law Government & Commercial Law 6 unit

International Trade International Law 6 unit

International Business Transactions International Law & Government & Commercial Law

6 unit

Course Name Specialist Stream Course Unit Value

Fundamentals of Environmental Law Environmental Law 6 unit

International Climate Law Environmental Law 6 unit

Principles of International Law International Law 6 unit

Advanced Principles of International Law International Law 6 unit

International Law of the Environment Environmental Law & International Law 6 unit

Water Resources Law Environmental Law 6 unit

Forestry Law Environmental Law 6 unit

Law of the Sea International Law 6 unit

Applicants taking fundamentals courses should consult the timetable, as a greater commitment over weekends is required at the beginning of the program.

Please note that the structures above only serve as examples of possible program options.

Example of program structure with a focus on Environmental Law & International Law

Example of program structure with a focus on International Law and Government & Commercial Law

10 | Graduate Law

Dr JP Fonteyne | Convenor of International Law Program

JP Fonteyne is Senior Lecturer in the ANU College of Law and has been Convenor of the Graduate Inter-national Law Program since its inception in 1978. He holds degrees from the University of Virginia and the State University of Ghent. His teaching and research interests are in the field of Public Interna-tional Law and his main area of professional activity has been in the field of refugee law. He served for a number of years as the Australian representative on the ILA Committee on Refugee Procedures and has commented regularly, both in print and in the electronic media, on refugee issues in Australia.

SPECIALIST PROGRAMSINTERNATIONAL LAW

International law affects all of society in a number of ways and helps us to explain and analyse interactions in the international community. The International Law program will be of assistance to those in, or preparing to enter, most parts of the public service, those whose work involves consideration of international relations and transnational transactions, those interested in non-governmental organisations, human rights bodies and the interaction of law and society; and also those who wish to understand current issues in the international community.

Additional information for lawyers:

All students will be required to take Principles of Interna-tional Law and Advanced Principles of International Law. Students with an undergraduate law degree, who have completed some international law may be excempt from Principles of International Law (assessed on a case-by-case basis). Students in the International Law program may complete a maximum of 18 units from outside the Compulsory and Core Elective lists (see page 16-18). Subject to prerequisites, these may be selected from the Supplementary Elective list (B list) or a maximum of 12 units from other postgraduate law courses. Non-law courses with a relevant international dimension may be approved by the International Law Convenor.

Programs available:

Master of Laws specialising in International Law Lawyers

Master of International Law Non-lawyers

Master of Diplomacy/Master of Laws Lawyers

Master of Diplomacy/Master of International Law Non-lawyers

Graduate Diploma in Law specialising in International Law Lawyers

Graduate Diploma in International Law Non-lawyers

Advanced Principles of International Law is compulsory, but not a pre-requisite for taking most other courses.

Additional information for non-lawyers:

All students will be required to take Principles of Inter-national Law and Advanced Principles of International Law. Non-lawyers in the International Law program may complete a maximum of 12 units from outside the Com-pulsory and Core Elective lists. Subject to prerequisites, these may be selected from the B List or other post-graduate law courses. Non-law courses with a relevant international dimension may be approved by the Interna-tional Law Convenor.

Please see list of courses on page 16-18.

MASTER OF DIPLOMACY COMBINED DEGREE PROGRAM

The Master of Diplomacy Combined Degree Program is a key undertaking of the Asia-Pacific College of Diplomacy and is composed of two coursework master degrees. The first master degree, or field of study degree, can be in International Law. The Program is ideal for those whose professional role involves a solid understanding of tran-snational diplomacy, and its contemporary challenges, whether this be with a civil service department, multilat-eral body, international corporation or non-government organisation.


Student profile

Miriam Cullen | Master of Laws specialising in International Law

Miriam, chose to study at ANU because of its great reputation in international law. “I chose to study law because I thought that understanding the way that things are regulated and the way that governments work is a sound basis for any number of different careers. I also believe that legal knowledge is one of many tools which can be used to help to make a difference in people’s lives” says Miriam. For Miriam the flexible delivery of the program is very valuable to help balance work and study commitments.

12 | Graduate Law

Kath Hall | Convenor of Government & Commercial Law Program

Kath Hall has recently been appointed as the Convenor of the Government and Commercial Stream and she is delighted to take on this role. Kath is a Senior Lecturer in the ANU College of Law and teaches in the areas of Corporate Law, Corpo-rate Governance and Lawyers, Justice and Ethics. She has a Masters Degree in Law from the University of London and is currently undertaking her doc-torate at the ANU. Kath has also published widely and has lived and worked in Hong Kong, Mongolia and Indonesia.

GOVERNMENT & COMMERCIAL LAW

The Government & Commercial Law programs reflect important developments in the modern legal environ-ment, as the public and private spheres of legal practice increasingly intersect. Commercial law now touches most aspects of private business and public government, and public law is a field in which the Law School is nationally pre-eminent. The Law School’s close links with govern-ment, the Parliament and its proximity to the High Court makes it an ideal place to study the intersection of com-mercial law and government.

Programs available:

Master of Laws specialising in Government & Commercial Law Lawyers

Master of Government & Commercial Law Non-lawyers

Graduate Diploma in Law specialising in Government & Commercial Law Lawyers

Graduate Diploma in Government & Commercial Law Non-lawyers

Student profile

Sathiya Muthiya | Master of Government & Commercial Law

Sathiya, an international student with a financial background, decided to study law to give him the opportunity to understand both schools of thought. “Legal knowledge coupled with my financial degree, will hopefully give me a foray into the legal angle in a corporate or multinational firm” Sathiya says. For Sathiya, one of the special things about the law school is that small things matter. “There is a per-sonal touch to everything. Law School staff take time and effort to respond to each student’s queries and doubts. Further to this a senior professor from my previous faculty did not hesitate a moment to approve of my choice to study at ANU.”


Students who do not have a degree in law must include the course Fundamentals of Government & Commercial Law.


Professor Tim Bonyhady | Convenor of Environmental Law Program

Tim has written widely on environmental law in his books The Law of the Countryside: The Rights of the Public, Environmental Protection and Legal Change, Places Worth Keeping: Conservationists, Politics and Law, Climate Law in Australia and The Colonial Earth which won the New South Wales Premier’s Prize for Australian History and the Queensland Premier’s Prize for History. He was a member of the expert panel when there was an independent statutory review in 2008-2009 of the Commonwealth’s Envi-ronment Protection and Biodiversity Conservation Act. He is the director of The Australian Centre for Environmental Law and the Centre for Climate Law and Policy.

ENVIRONMENTAL LAW

The Australian Centre for Environmental Law (ACEL) in the ANU College of Law is at the forefront of the teaching and study of environmental law in Australia. Its Graduate Program in Environmental Law is designed both for law-yers and those with no previous legal background. Since its inception a decade ago, the program has attracted hundreds of students from around Australia and interna-tionally with very different backgrounds, undergraduate degrees and work experience. While many are just begin-ning their careers, many are well established in them.

ACEL offers a comprehensive program in environmental law including an array of specialist courses covering key areas ranging from biodiversity to water, environmental planning and impact assessment to effective business regulation and enforcement. The program is taught in Canberra and Melbourne, resulting in a much more exten-sive array of courses being offered each year.

The program’s aim is not only to provide students with a sophisticated understanding of the law but also to explore its origins and implementation, strengths and weaknesses. The interrelationship between the law and policy, science, economics and the broader culture are prime concerns.

Any Environmental Law course can be taken individually as a short course (professional development) or as part of a graduate degree program. Short courses are ideal for professionals who wish to update their knowledge in a specific area. Participants receive a certificate of comple-tion. No assessment is involved.

The Centre for Climate Law and Policy was established in 2007 at the ANU College of Law with the objective of providing a focal point for law and policy research related to climate change.


Students who do not have a degree in law must include the course, Fundamentals of Environmental Law in their program.

Programs available:

Master of Laws specialising in Environmental Law Lawyers

Master of Environmental Law Non-lawyers

Graduate Diploma in Law specialising in Environmental Law Lawyers

Graduate Diploma in Environmental Law Non-lawyers

Graduate Certificate in Environmental Law Lawyers and non-lawyers

“The program is very well run and the level of specialisation in environmental law is clearly unmatched anywhere in Australia.”

- ACEL Graduate

14 | Graduate Law

LAW, GOVERNANCE AND DEVELOPMENT

The law, governance and development specialisation con-siders the role of law in a development context. It includes international and national legal perspectives on issues of governance and development.

The specialisation has a focus on the Asia-Pacific region. Its courses cover the South Pacific, Southeast Asia and East Asia. It includes highly topical issues such as climate change and displacement, law, order and State-building, transnational business and anti-corruption. It will be of interest to graduates working in all aspects of law, gov-ernance and development both in the Asia-Pacific, and in a context of international institutions.

There is renewed interest among academics and prac-titioners in the links between law, governance and development. ANU is well-placed to bring together lead-ing scholars and practitioners in the field. In addition to its unique combination of legal, development and regional expertise, ANU has close relationships with key Australian government agencies, including AusAID, DFAT, and the Australian police and defence forces.

The specialisation forms part of the ANU Asia-Pacific law, governance and development initiative, which is a col-laborative endeavour between the ANU College of Law and the ANU College of Asia and the Pacific.

The specialisation offers flexible delivery and learning, designed to cater for the needs of people who are una-ble to attend regular day or evening lectures because of work, family or travel commitments. Its intensive courses in which the face-to-face tuition is usually compressed into 3-6 days will be attractive to both part-time and full-time students.

Additional information for non-lawyers

There are no prerequisites for courses offered in the law, governance and development specialisation only. Students without a degree in law may be required to complete a pre-requisite where a course is co-badged with another specialisation (e.g. International Law) for which a prereq-uisite is required.

Dr Daniel Fitzpatrick | Convenor of Law, Governance and Development Program

Daniel has written widely on property rights and land law in a development context, with a particu-lar focus on recovery from disasters or conflict. He was the UN’s land rights adviser in post-conflict East Timor (2000) and post-tsunami Aceh (2005-6). In 2007 he won the Hart Article Prize from the UK Socio-Legal Association for Evolution and Chaos in Property Rights Systems: the Third World Tragedy of Contested Access, Yale Law Journal (Vol. 115, pp. 996-1048 March 2006)). He is the primary author of Land and Disasters: Guidance for Practitioners (United Nations, 2010). He has undertaken profes-sional consultancies with the World Bank, AusAID, the Asian Development Bank, Oxfam International, the OECD, UNDP and UN-Habitat. His work with AusAID includes co-authoring the landmark report Making Land Work: Reconciling Customary Land and Development in the Pacific (2008). He has been a Visiting Professor at the National University of Singapore (2006-09), a Visiting Professor at the University of Muenster (2002), and a Distinguished Visitor at the University of Toronto (2007).

Programs available:

Master of Laws specialising in Law, Governance and Development Lawyers

Master of Law, Governance and Development Non-lawyers

Graduate Diploma in Law specialising in Law, Governance and Development Lawyers

Graduate Diploma in Law, Governance and Development Non-lawyers


LEGAL PRACTICE

This program is designed for those students who have completed their Graduate Diploma in Legal Practice at the ANU, and wish to consolidate that vocational study with additional postgraduate study to form a Masters degree with a Legal Practice focus.

Additional information:

Students who have completed the Graduate Diploma in Legal Practice (see page 18) may apply for the LLM (LP) and receive status for up to 24 units. A minimum of 12 units must be from the specialist legal practice courses, with the remaining 12 units from the non legal practice course selection offered. Fundamental courses (see * on page 16-18) can not be included.

Gary Tamsitt | Convenor of Legal Practice Program

Gary has been Director of the ANU Legal Workshop since 1995. He graduated from Sydney University in 1977. He has worked as a solicitor in NSW and ACT in litigation, property, succession and commercial work. His involvement in practical legal education spans 20 years and has ranged from Mallesons in Canberra, to the Legal Workshop, to Freehills in Syd-ney (as Director of Professional Development), to the University of NSW and back to the Workshop. He has written or contributed to several books and a number of journal articles, particularly on legal practice skills. He is co-author, with Charles Row-land, of the fourth and fifth editions of Hutley’s Australian Wills Precedents.

Program available:

Master of Laws (Legal Practice) Lawyers

COURSEWORK ADMINISTRATION

DURATION OF STUDY

All qualifications may be completed on a full-time or part-time basis.

Master degrees Courses totalling 48 units (for example 8 x 6 unit courses)

One year full-time study or up to five years part time study (including approved periods of leave)

Graduate diplomas Courses totalling 36 units (for example 6 x 6 unit courses)

One year full-time study or up to five years part time study (including approved periods of leave)

Graduate certificates Courses totalling 24 units (for example 4 x 6 unit courses)

One semester full-time/two semesters part time or up to three years part-time (including approved periods of leave)

“I have set up my own practice and have found this to be both challenging and rewarding as my current role allows me to utilise my mediation, concilia-tion and legal practice skills and experience gained through ANU Legal Workshop.”

Scott Goodwin | ANU Legal Workshop Graduate

16 | Graduate Law

COURSES

Graduate program courses are grouped into specialist areas. Students enrolled in the LLM program may choose courses from any of the specialist courses for a tailored and innovative program. Students enrolled in specialist programs are allowed to take a limited number of courses from outside the specialist area.

Course Code Course Name Specialist Area Delivery

LAWS8012 Australian Disaster Law LGD Intensive

LAWS8240 Australian Human Rights and Discrimination Law G&C Intensive

LAWS8218 Advanced Contracts G&C Int/Online

LAWS8123 Advanced Principles of International Law Int (Compulsory) Intensive

LAWS8132 Advocacy LP Mixed

LAWS8181 Australian Climate Law Env Intensive

LAWS8280 Biodiversity Law & Policy Env Intensive

LAWS8110 Business Strategy & Environmental Responsibility Env Intensive

LAWS8175 Citizenship Law in Context G&C / Int (B list) Intensive

LAWS8008 Climate Change and Displacement LGD Intensive

LAWS8131 Commercial Drafting LP / G&C Online

LAWS8298 Commercial Equity G&C Intensive

LAWS8140 Commercial Law G&C Intensive

LAWS8156 Commonwealth Compensation Law LP / G&C Online

LAWS8154 Competition Law G&C Intensive

LAWS8144 Conflict of Laws LP / G&C / Int (B list) Intensive

LAWS8271 Contemporary Issues in Administrative Law G&C TBC

LAWS8128 Contemporary Issues in Constitutional Law G&C Intensive

LAWS8151 Culture of Environmental Law Env TBC

LAWS8116 Dispute Management G&C / LP Intensive

LAWS8111 Environment, Business & Regulation Env Intensive

LAWS8278 Environmental Dispute Management Env TBC

LAWS8146 Environmental Landuse Planning Law Env Intensive

LAWS8187 Environmental Litigation Env / LP / G&C Intensive

LAWS8010 Environmental Protection and Human Rights LGD Intensive

LAWS8188 Environmental Markets Env TBC

LAWS8145 Environmental & Risk Assessment Law Env TBC

LAWS8239 European Union, The G&C / Int (B list) TBC

LAWS8150 Evidence Under Uniform Act LP Online

LAWS8241 Executive Power G&C TBC

LAWS8143 Federal Litigation LP / G&C Online

LAWS8117 Federalism & the Environment Env TBC

Codes in Table:Env: Environmental Law G&C: Government & Commercial Law Int: International Law LGD: Law, Governance & Development LP: Legal Practice *: Fundamentals course Intensive: Intensive delivery over 3-6 days Online: Online course Mixed: Mixed delivery of online and intensive TBC: To be confirmed Semester: Semester length, on campus course

Not all courses are offered every year. Please consult the Graduate timetable for course availability and delivery dates. http://law.anu.edu.au/postgraduate/timetable.asp All courses have a 6 unit value, unless specified otherwise.


LAWS8185 Forestry Law Env TBC

LAWS8243 Freedom of Information & Privacy G&C Intensive

LAWS8189 Fundamentals of Environmental Law * Env Intensive

LAWS8568 Fundamentals of Government & Commercial Law * G&C Intensive

INTR8045 Global Governance LGD Intensive

LAWS8220 Government Contracts G&C / LGD Intensive

LAWS8309 Graduate Research Unit (LawGovDev) (12 units) LGD Intensive

LAWS8237 Health Law and Bioethics in Global Context G&C Intensive

LAWS8155 Human Rights Litigation LP / G&C Online

LAWS8152 Indigenous Peoples and Environmental Law Env TBC

LAWS8107 International Air and Space Law Int (Core list) TBC

LAWS8277 International Business Transactions G&C / Int (B list) TBC

LAWS8180 International Climate Law Env / Int (Core list) / LGD Intensive

LAWS8566 International Criminal Law Int (Core list) TBC

LAWS8567 International Dispute Resolution Int / LP Intensive

LAWS8234 International Human Rights Law Int (Core list) / LGD Intensive

LAWS8268 International Humanitarian Law Int (Core list) / LGD Intensive

LAWS8136 International Intellectual Property Law: The Development Agenda LGD Intensive

LAWS8297 International Law & Australian Government Int (Core list) Intensive

LAWS8178 International Law & Use of Force Int (Core list) Intensive

LAWS8264 International Law of the Environment Env / Int (Core list) Intensive

LAWS8229 International Law of World Trade Int (Core list) / G&C / LGD Intensive

LAWS8252 International Refugee Law Int (Core list) TBC

LAWS8179 International Security Law Int (Core list) Intensive

LAWS8001 Introduction to Law, Governance and Development * LGD Intensive

LAWS8174 Investigations, Inquiries & Inquisitorial Processes G&C TBC

LAWS8141 Judicial Review of Government Action G&C Intensive

LAWS8171 Kyoto Seminar: Japanese Law in the Global Era (taught in Japan) Int (B list) / G&C Intensive

LAWS8312 Land, Law & Development in Asia G&C / Int (B list) / LGD Intensive

LAWS8006 Law and Development in the Contemporary South Pacific LGD Intensive

ANTH8032 Law, Order and Conflict in the Pacific LGD Intensive

LAWS6229 Law & Society in South-East Asia LGD Semester

LAWS8125 Law of Corporate Governance G&C Intensive

LAWS8184 Law of International Institutions, The Int (Core list) Intensive

LAWS8253 Law of the Sea Int (Core list) TBC

LAWS8570 Legal Frameword of Regulation G&C TBC

LAWS8104 Legislation and Legislative Drafting G&C / LP Intensive

LAWS8129 Marine & Coastal Law Env / Int (Core list) Intensive

LAWS8172 Media and Communications Law G&C Intensive

LAWS8274 Native Title G&C TBC

LAWS8108 Natural Resources Law & Policy (taught in Melbourne) Env TBC

LAWS8173 Pollution Law Env TBC

LAWS8182 Principles of International Law * Int (Compulsory) Intensive

18 | Graduate Law

ASSESSMENT

Assessment is normally by way of some combination of essays, exercises or written examinations. Classes have attendance requirements as indicated previously and students may be refused permission to complete assess-ment in cases of unsatisfactory attendance. Normally a 6 unit course consists of 26 contact hours with an essay of 6,000-8,000 words or an equivalent assessment package. A 12 unit course consists of approximately 52 contact hours, with an essay of 15,000 words or an equivalent assessment package. Assessment is generally to be com-pleted in a relatively short period of time after the end of the class sessions in the particular course; in planning the necessary time for completion of a course or program of study, part-time students in particular should make provision for the substantive amount of time that will be required, in addition to class time, for completion of assessment tasks.

STATUS FOR PREVIOUS STUDY

Students may be granted status for graduate courses undertaken at another university up to a maximum of 12 units (conditions apply).

LAWS8186 Site Contamination Law Env TBC

LAWS8147 Special Topics in Government & Commercial Law Env TBC

LAWS8122 Special Topics in Int Law: International Child Law Int (Core list) Intensive

LAWS9290 Special Topics in Int Law: Space Law Int (Core list) Intensive

LAWS8148 Special Topics in Law: Int Law & Sustainable Development Env/ Int Intensive

LAWS8157 Special Topics in Legal Practice: Negotiation LP / G&C Online

LAWS8142 Tort Liability and Public Authorities G&C Intensive

LAWS8009 Transnational Business & Anti-corruption Law LGD Intensive

LAWS8003 Transnational Business & Human Rights G&C / Int / LGD Intensive

LAWS8236 Tribunals and Government G&C TBC

LAWS8123 Water Resources Law Env Mixed

COURSE DELIVERY

Most courses are taught intensively over periods of three to six days. Intensive course delivery makes it easier for part-time students to balance work and study commit-ments. Intensive courses also enable us to have eminent guest lecturers and experts for individual courses. Inter-national students are able to combine their study with part-time work or travel. A growing number of online courses are also offered in the Legal Practice and Govern-ment & Commercial Law specialisations (see pages 16-18).

Full-time students should keep in mind that the program is designed primarily to cater to the needs of part-time students. Depending on course choices, this can result in full-time students being unable to avoid lengthy periods (possibly up to two months) in which they have no formal classes.

CLASS ATTENDANCE

All classes, except fully online courses have attendance requirements. Mixed mode courses (with face-to-face teaching and an online component) also require attend-ance at classes. [Students in the non-lawyers and those in the International Law stream should consult the timetable for information about class contact dates.] A high level of commitment in terms of weekend classes is required at the beginning of the programs.

18 | Graduate Law


COURSE FEESGraduate coursework program fees for 2011:

Fee Description



Programs and courses attract up-front tuition fees.

http://law.anu.edu.au/Postgraduate/Fees.asp

Masters degrees require courses totalling 48 units (eight 6 unit courses) – $19,200 (domestic students)

Graduate diplomas require courses totalling 36 units (six 6 unit courses) – $14,400 (domestic students)

Graduate certificate requires courses totalling 24 units (four 6 unit courses) – $9,600 (domestic students)

Master of Diplomacy fees for 2011:

Fee Description





FEE-HELP

This is the Federal Government loan scheme. Students eli-gible for a FEE-HELP loan must complete and submit a Request for FEE-HELP Assistance form on or before the census date for their first course.

For further information on FEE-HELP refer to the FEE-HELP Information booklet available on the government website: http://law.anu.edu.au/Postgraduate/Fees.asp

See also HESA@ANU (Higher Education Support Act at ANU).

ENTRY REQUIREMENTS

Programs for lawyers:

Applicants must hold an Australian Bachelor of Laws degree or equivalent. A strong pass degree or better is normally required for admission.

Programs for non-lawyers

Applicants must hold at least a three-year Australian Bachelors degree or equivalent. A strong pass degree or better is normally required for admission.

Applicants who do not hold a bachelors degree:

Applicants with relevant experience but who do not hold a bachelors degree may be considered for entry, how-ever there are additional entry requirements. For further details please contact the Postgraduate Administrator.

E: [email protected] T: 02 6125 0510 F: 02 6125 3971

Application Procedure:

Applications are accepted through the Universities Admissions Centre (UAC) - www.uac.edu.au

Intakes per year:

International Law: lawyers and non lawyers - two intakes per year

Government & Commercial Law: non-lawyers - two intakes per year / lawyers - rolling enrolment

Environmental Law: non-lawyers - two intakes per year / lawyers - rolling enrolment

Law, Governance and Development: non-lawyers: two intakes per year / lawyers: rolling enrolment.

Entry requirements: Master of Diplomacy Combined

Degree Program:

A distinction average in the first degree is required for progression to the Master of Diplomacy component. The combined degree consists of coursework only.

Applicants should apply through UAC - www.uac.edu.au

Asia-Pacific College of Diplomacy T: +61 2 6125 7983 E: [email protected]

W: http://apcd.anu.edu.au/

20 | Graduate Law

INTERNATIONAL STUDENTS

International students should apply online directly to the University:

http://students.anu.edu.au/apply_online.asp

The ANU Law School has international students from more than 30 countries at undergraduate, postgraduate and research level. We also have exchange agreements with a number of universities around the world for students who would like to study at the ANU for a short term only.

The English Language requirements for Law are higher than the general ANU requirements.

Academic IELTS

TOEFL** – paper based test

TOEFL** - computer based

TOEFL**- Internet based

An overall score of 7 with a score of 7 in writing with at least 6 in all other components.

A score of 650 with TWE* score of 5.0

A score of 280 with TWE* score of 5.0

A score of 114

*TWE = Test of Written English

** Applicants may use the ANU institutional code 0506 for faster process-ing of results. Wherever possible IELTS test centres should be directed to

send results directly to ANU International Office at the time of the test.

PLEASE NOTE: As well as meeting the University’s English language con-ditions, you will be required to comply with the Australian Government English Proficiency requirements for the issue of a student visa. These may vary depending on your country of citizenship. Please note that only IELTS may be accepted from some countries. You should check with the nearest Australian visa office for details.

For information on the availability of these examinations, please contact:

IELTS: Your nearest IDP Education Office or British Council Office

TOEFL: Educational Testing Service (ETS), PO Box 6151, Princeton NJ 08541-6151

E-mail: [email protected]

IDP Offices: http://www.idp.com/

Student Advisor

A member of academic staff is appointed as International Postgraduate Student Advisor to help international stu-dents make the transition to study in Australia. Currently the position is held by Kath Hall

T: 02 6125 4608 E: [email protected]


ANU LEGAL WORKSHOPThe ANU Legal Workshop is the oldest and largest uni-versity based provider of Practical Legal Training with its Graduate Diploma in Legal Practice (GDLP) program. In addition, Legal Workshop offers:

� Graduate Certificate in Australian Migration Law and Practice;

� Graduate Diploma in Military Law;

� Graduate Diploma in Advanced Military Law; and

� Masters in Military Law.

There are in excess of 1000 students enrolled in courses offered in the programs which are delivered by some 80 permanent and casual staff. In all programs there are intensive courses, but the majority of courses are deliv-ered online using multimedia systems appropriate for a research led teaching institution where much of the research is directed at cutting edge online teaching.

(The Military Law Programs are only open to Legal Officers in the Austral-ian Defence Force.)

GRADUATE DIPLOMA IN LEGAL PRACTICE

Legal Workshop is the ANU College of Law’s practical legal training provider. Legal Workshop offers the Gradu-ate Diploma in Legal Practice (GDLP), which with the LLB or JD, qualifies students for admission to practice. Our teaching and learning approach is designed to equip graduates with the skills and confidence required for legal practice. Our GDLP offers direct or reciprocal admission in all Australian states and territories. Please see:

http://law.anu.edu.au/legalworkshop/admissions.aspx

The GDLP comprises coursework and practical legal expe-rience placements of different lengths. Program start dates are offered 18 times per year. Students start with the Becoming a Practitioner (BAP) course delivered in Can-berra, Melbourne, Brisbane, Sydney, Darwin Toowoomba, Perth and Townsville. The balance of the coursework may then be completed online. Students who wish to complete the program in minimum time may choose to take more elective courses with a short 20 day legal placement. This is ideal for students who are not working in a legal environment. Students who are already employed in legal practice may choose to do less coursework with a longer period of legal placement (up to 80 days). Legal Workshop can offer assistance to plan and facilitate placements in line with learning needs and career objectives. Clinical, volunteer or overseas legal practice experience may count towards placement.

Legal Workshop Indigenous Student Scholarship Scheme

The ANU College of Law offers up to two schol-arships per year for Indigenous students to cover the fees to study the Graduate Diploma in Legal Practice (GDLP) at ANU Legal Workshop. For more information on the Indigenous Student Scholarship Scheme please use the provided link: http://law.anu.edu.au/undergraduate/Scholarships.asp

Students have between 6 months and three years to complete the program.

Students who have completed the GDLP may apply for entry to the ANU LLM program and receive 24 units of credit towards the LLM (LP) or 12 units of credit towards other LLM programs.

Graduate profile

Scott Goodwin | Graduate Diploma in Legal Practice, Master of Laws (Legal Practice)

Scott completed his GDLP in 2005 and his Mas-ter of Laws (Legal Practice) in 2007. “My learning experience with ANU Legal Workshop has been extremely positive” Scott says. “I found the admin-istration staff and lecturers to be extremely helpful. The campus was most pleasing for me, as there was ease of access and ample parking which were cru-cial for me being confined to a wheelchair”. Scott says the skills, learning, knowledge and qualifica-tions gained at ANU Legal Workshop have held him in good stead. “Since completing my studies, I have practised as a Solicitor with a Community Legal Centre as well as in private practice, working across a number of jurisdictions and matters, including Family, Wills Probate, Commercial and Conveyanc-ing just to name a few.” More recently Scott has set up his own practice. “I have found this to be both challenging and rewarding as my current rold allows me to utilise my mediation, conciliation and legal practice skills and experience” Scott says.

22 | Graduate Law

Placement options Number of elective courses to be completed

20 days Legal Practice Experience 5




Compulsory courses Elective Courses

Becoming a Practitioner Administrative Law Practice

Professional Practice Core - Accounts Consumer Law Practice

- Civil Practice Criminal Practice

- Commercial Practice Employment & Industrial Law Practice

- Legal Ethics Family Law Practice

- Real Estate Practice Government Law Practice

- Legal Practice Experience Planning & Environment Law Practice

Wills Probate & Administration

We offer:

Course requirements for various placement options:

� Multi-jurisdiction coverage

� Interactive flexible learning

� Your choice of 20, 40, 60 or 80 day placements

� Instructors who are practising lawyers and skilled legal practice teachers

� Concurrent enrolment

� Assistance to plan and establish placements in line with your learning needs and career objectives

� The opportunity to work in our Legal Aid Clinical (LAC) Program as part of your placement

� Assistance in finding employment – the vast majority of our graduates are employed within 3 months of completing the Program

� Competitive fee structure and FEE-HELP

� The option of substantial course credit towards an ANU LLM (can also be completed online)

� Placements with Community Legal Centres in Regional, Rural and Remote (RRR) Australia .

Legal Placements with Community Legal Centres in Regional, Rural and Remote (RRR) Australia

The ANU Legal Workshop is participating in efforts to address the dramatic need for lawyers in regional, rural and remote (RRR) Australia by:

• facilitating and promoting law graduate legal practice experience placements in RRR Australia

• increasing awareness of law graduates about the pressing need for lawyers in RRR Australia.

About 20% of students undertaking the ANU GDLP are based in RRR Australia. In addition to course work GDLP students undertake legal practice experience. Legal practice experience is an excellent way for students to explore their legal practice interests.

Program fees for 2011:

Domestic Fees Description

$7,275 80 Day Placement Program fee




International Fees Description

A$9,657 80 Day Placement Program fee




Please visit the Legal Workshop website for Program options, course dates and admission information.

http://law.anu.edu.au/legalworkshop E: [email protected] T: 02 6125 4463


GRADUATE CERTIFICATE IN AUSTRALIAN MIGRATION LAW & PRACTICE

The Graduate Certificate in Australian Migration Law & Practice is designed for people who wish to become Aus-tralian Migration Agents. Graduates who have achieved a minimum 50% score on the Migration Agents Registra-tion Authority’s (MARA) assessment items are recognised by them as having satisfied the knowledge and practice requirements for initial registration as a migration agent.

Courses

LAWS8167 Australian Migration Law and MARA

LAWS8168 Australia’s Visa System

LAWS8169 Visa Compliance, Cancellation and Review

LAWS8170 Applied Migration Law and Practice

Please note that the courses above may only be taken as part of the

Migration Law Program.

Course delivery: Students have the option of choosing between on-line teaching and face-to-face classes at various locations:

Online teaching is available to students around Australia on a full-time or part-time basis. No class attendance is required, but students need to have unrestricted access to a computer and the internet. Each course requires online contact with the tutor and fellow students plus private study.

Blended teaching with face-to-face classes is offered in Sydney and Melbourne. Classes are offered intensively, over a period of two weekends for each course. Each course requires 26 contact class hours plus online work and private study. Students have the option of full-time or part-time study.

Assessment:A mix of assessment tasks to test competencies including invigilated exams and interviews, written assignments, knowledge quizzes, case studies and simulated client interview and tribunal appearances will be used in the Program. All four 6 unit courses need to be passed.

“I thought the program was very well run in terms of the Academics’ attentiveness to students’ learning, and generosity in sharing their knowledge and experience. I completed a Graduate Diploma of Legal Practice with ANU, and had come to expect a high standard of delivery through the internet and intensive courses. I wasn’t disappointed with this Program - the Legal Workshop is excellent. I also liked the fact that you can undertake the courses on-line, face-to-face, or a mixture of both.”

- Verena Marshall | Graduate Certificate in Migration Law

Fees for 2011:

Fee Description


$9,600 Total Program cost (domestic)


A$13,008 Total Program cost (international)

The fee includes the MARA assessment fee.

Application information:

Applications are accepted through UAC. For further infor-mation, please contact:

E : [email protected] T : 02 6125 4645 W: http://law.anu.edu.au/postgraduate/Migration_Law.aspPlease note: currently only Australian permanent residents and citizens may become registered migration agents. For more information about becoming a migration agent, please contact the MARA on 02 9299 5446

or visit their website.

Contact InformationE : [email protected] T : 02 6125 4645

24 | Graduate Law

PROFESSIONAL SHORT COURSESThe ANU College of Law offers specialised professional short courses tailored to meet your training and profes-sional development requirements.

These courses have been created and delivered for a number of Public Sector and Private Sector clients, includ-ing several national law firms and federal government departments. The College is currently on the Austral-ian Public Service Commission Leadership, Learning and Development Panel to provide training for the Australian Public Service.

The ANU College of Law has a depth of legal knowledge and the educational capability to provide relevant and accessible training. The College is distinguished from non-university training providers in that students may have the opportunity to articulate to ANU academic awards.

Previous short courses run by the College have covered a range of subjects, including:

� International law

� Constitutional law

� Administrative law

� Legislative drafting

� Commercial drafting

� Government contracts

� Migration law

� Military law

� Employment law

� Legal practice skills including writing and drafting, negotiation and advocacy.

If you would like to discuss the ANU College of Law tailor-ing a course to your workplace, or for futher information, please contact [email protected] or call 02 6125 5462.

MILITARY LAWLegal Workshop offers three programs for defence per-sonnel who have a law degree.

� Master of Military Law

� Graduate Diploma in Advanced Military Law

� Graduate Diploma in Military Law

Please contact Legal Workshop for further information.

Maggie Rozanski ANU Legal Workshop T: 02 6125 4645 E: [email protected]


RESEARCH STUDY

MESSAGE FROM THE DIRECTOR

Welcome to ANU College of Law’s Graduate Research sec-tion.

The research culture at the ANU is strong and is sup-ported by the many domestic and international visitors to the ANU College of Law (academics, retired judges, prac-titioners), the many research centres hosted by the ANU College of Law, a national graduate conference (usually held in June or July) organised by ANU College of Law graduate students for Australian graduates in law and/or related disciplines, and our location in Canberra close to the Australian parliament, public service, and the High Court. Further to this, the ANU campus is a unique and relaxed environment within which to research.

We encourage applications from both domestic and inter-national students with an interest in studying law as part of a PhD, SJD or Masters of Philosophy research degree. A pre-application process is used to screen your application in an attempt to match you early on with potential super-visors who can assist you in shaping a thesis proposal for the ANU’s formal online application process.

I look forward to discussing your research plans and research progress with you during the course of an ANU College of Law research degree.

Dr Mark Nolan Director of Higher Degree Research ANU College of Law

Dr Mark Nolan | Director of Higher Degree Research

BSc (Hons), LLB (ANU), PhD Psychology (ANU)

Dr Mark Nolan is a Senior Lecturer at the ANU College of Law. His doctoral work, with PhD degree conferred in 2004, involved quantitative and quali-tative social psychological research investigating the use of human rights arguments in contemporary Australian political debate (see M Nolan, Construing Human Rights: Protecting Subgroups and Individu-als (Saarbruecken: VDM Verlag Dr Mueller, 2008)). Mark joined the ANU College of Law in 2002 and has taught Criminal Law and Procedure, Selected Top-ics in Criminal Law, Foundations of Australian Law, Law and Psychology (at the undergraduate level) and Advocacy, Military Discipline Law, and Advanced Military Discipline Law (at the post-graduate course-work level). Mark has supervised many honours student projects and has supervised or advised HDR students in the ANU College of Law working on sen-tencing, criminal justice and other interdisciplinary research projects. Mark has advised or does advise HDR students completing social justice research at the ANU School of Psychology. Mark is the author or co-author of a range of publications, including parliamentary inquiry submission work, in the area of criminal law and procedure, counter-terror-ism law, citizenship and identity, and social-legal research methods.

BENEFITS OF RESEARCH AT ANU:

� Expert supervision for your research project

� Excellent student facilities, including one of the best law libraries in Australia and IT and general support

� Being located in Canberra – where laws are made!

� Visits by world renowned scholars

� Being part of our academic community

26 | Graduate Law

� Family law

� Health law and ethics

� Law and sexualities studies

� Labour law and trade union law

� Law and psychology

� Migration law

� Military operations law

� Privacy and security

� Restitution

� Torts

DEGREE PROGRAMS

Doctor of Philosophy (PhD)

The PhD degree requires submission of a thesis of not more than 100,000 words which makes a substantial con-tribution to learning in the field of law. Each candidate has a supervisory panel of at least three academics. Stu-dents are encouraged to participate in the activities of the Law School - this can include teaching where appro-priate, for which there are tutorships available. Applicants should hold an upper second class honours degree or bet-ter, or a masters degree with a distinction average in the relevant discipline (usually in law) to be admitted to the program. A full-time student normally completes in three years. In some circumstances part-time study is permitted with the maximum time for completion being eight years.

Graduate Teaching Fellowships: A limited number of competitive Graduate Teaching Fellowships are available to PhD students for part-time teaching and professional development. Please contact the Law School Office for more information.

Doctor of Juridical Science (SJD)

This is a professional doctorate, which combines research with coursework. Approved applicants must complete four courses from the postgraduate range of subjects, except fundamental or GDLP courses, followed by a thesis of 65,000 words. Each candidate has a supervisor and at least one other adviser. Applicants should hold an upper second class honours degree or better, or a masters degree with a distinction average in the relevant discipline (usu-ally in law) to be admitted to the program. Alternatively entry can be gained from the Master of Laws program. The degree will normally be completed in two and a half years of full-time study or equivalent part-time study. The Masters must not have been conferred if you wish to obtain status towards the SJD coursework.

POTENTIAL AREAS OF RESEARCH

International law

� Private international law

� Public international law

� Human rights

� Criminal law

� Law of the sea

� Refugee law

� European law

� Trade law

� Dispute resolution

Environmental law

Law of the Asia-Pacific

� Chinese law

� Indonesian law

� Japanese law

� South Pacific law

Criminal law

� Criminal justice

� Criminology

� Terrorism

� Undercover policing

� Law and order politics

� Criminal law reform

Commercial law

� Corporate and securities law

� Governance and accountability

� Competition regulation

� Property and corporations law

� Corporate insolvency

� Law and economics

Intellectual Property and copyright law Public law

� Administrative law

� Administrative tribunals

� Law of evidence

� Constitutional law

� Courts and the judicial system

� Australian legal history

Other potential research areas include:

� Aboriginal legal issues and Native Title

� Discrimination law

� Equity


Residence Requirements

PhD students at ANU must fulfil the minimum residence requirements, unless approval has been obtained for a reduced period of attendance or the student is externally based. Applicants should make a detailed case for any reduced period of attendance, preferably at the time of application for admission. More information on residency requirements can be found at http://www.anu.edu.au/sas/hdr/requirements.php

Scholarships

There are a number of scholarships available for both domestic and international students. For applicants from certain countries, the Australian Government provides scholarships through AusAID. Please see links below:

• http://www.anu.edu.au/graduate/scholarships/index.php (International and domestic scholarship form)

• http://info.anu.edu.au/studyat/International_Office/AusAID-2-2 (AusAID Scholarships)

STUDENT SERVICES

Facilities

Research students at the ANU College of Law have access to a range of facilities and support services, ranging from IT support to Law School seminars and excellent library facilities.

Accommodation Services

The ANU campus is located close to the heart of Canberra with a variety of cinemas, restaurants, shops and theatres all within walking distance. Although close to the city, the open park-like grounds of the campus provide an idyllic setting for study or leisure.

On campus accommodation for graduate students is limited. Some places may be available, but this can-not be guaranteed at time of application. The University Accommodation Services (UAS) do try to assist gradu-ate students in finding accommodation in Canberra. A selection of accommodation available on the pri-vate rental market is listed on the Housing Online at http://accom.anu.edu.au/UAS/187.html

This is a free service.

For more information about short and long term accommodation options, please contact the University Accommodation Service on:

T: +61 2 6125 1100 E: [email protected] W: http://accom.anu.edu.au

Master of Philosophy (MPhil)

The Master of Philosophy is a research degree requir-ing the completion of a thesis of not more than 60,000 words. The candidate will have a supervisor and at least one other advisor. Applicants should hold an upper sec-ond class honours degree or better, or a masters degree with a distinction average in the relevant discipline (usu-ally in law) to be admitted to the program. The MPhil can be completed in one year of full-time study or up to a maximum of four years part-time.

RESEARCH ADMINISTRATION

Application Procedure

Those interested in applying should first forward a detailed outline of their proposed thesis, curriculum vitae, relevant academic transcripts and indication of scholarship application to the Law School Student Administration Office at:[email protected]

The detailed Thesis Outline must:

• state the central research question, problem or theory that the proposed research will address

• clearly explain the proposed topic and its boundaries

• explain how the research will contribute to the legal literature or legal scholarship

• include a preliminary review of the literature and a bibliography

• describe the research strategy and methods

• provide an outline of the chapters of the thesis, and

• propose a timetable for writing the thesis.

The Thesis Outline should be approximately 5 pages in length. It must be such as to convince a supervisor that the topic is sufficiently developed and refined and that the thesis can be successfully completed. The outline will be forwarded to the Director, Higher Degree Research for consideration. If the Director determines that supervision can be provided for the duration of the program, the Director will invite the prospective student to apply.

Please note: international students are encouraged to submit research proposals which are not merely surveys of domestic laws.

The preferred method of application is online http://students.anu.edu.au/apply_online.asp

However, paper-based applications with a slightly higher fee can still be lodged:

http://www.anu.edu.au/sas/forms/sas25local.pdf

(Domestic application form)

http://www.anu.edu.au/sas/forms/sas25international.pdf

(International application form)

28 | Graduate Law

Student ServicesAll students enrolled in a graduate program have access to a range of services offered by the ANU. These services include the Statistical Consulting Unit, Graduate Teach-ing Program, Academic Skills & Learning Centre, Campus Child Care, Post Graduate & Research Student Association (PARSA) and more.

INTERNATIONAL STUDENTS English Language Requirements

The level of English language required for Law is high. You will be required to provide a current IELTS or TOEFL certificate as proof of your competency. The tests can be arranged through the British Council or the Australian Embassy in your country. Please see below for the required English language test scores:

• IELTS - Overall score of 7.0 with a minimum of 7.0 in writing and 6.0 in all other components.

• TOEFL - A score of at least 280, a Test of Written English of 5.0: and, Internet based Test: a TOEFL score of at least 114.

Part-time WorkThe Careers and Employment Service advertises casual jobs available every day. There are some jobs available on campus. International students should ensure they have the appropriate visa to work in Australia, and be aware that they are limited to working a maximum of 20 hours per week. Students should not assume that they will be able to get work to cover their living expenses as jobs can be difficult to find: http://careers.anu.edu.au/

Living in AustraliaResearching the possible costs of living in Canberra will help you plan your budget. Budgeting is crucial and will help you choose a suitable and affordable housing option. Living on your own is generally more expensive. Usually the more people you live with, the cheaper it becomes. However you still need to consider whether living in a large household suits your lifestyle. The ANU International Education Office advises students that ‘the average international student (single without dependants) in Australia spends about $386 per week on accommodation, food, clothing, entertainment, transport, international and domestic travel, telephone and incidental costs (excluding tuition). You may spend more or less, depending on the course you choose to study, where you choose to live and your lifestyle.’

International students who are accompanied by school-aged dependants are required to pay fees for children attending ACT or NSW Government or private schools.

Health CoverInternational students must also have health insurance cover. More information about this cover is available from Worldcare Assist:

https://www.oshcworldcare.com.au/Default.aspx


Student Profile

Fanny Thornton | Doctor of Philosophy

Prior to commencing her PhD at the ANU College of Law, Fanny Thornton was working in the area of ref-ugee advocacy. She realised that many of the issues that arose during her work could be fully explored by undertaking a research degree. Fanny, originally from Germany, is researching Climate Change Dis-placement and International Law.

“I chose to undertake my research at ANU, because of the Law School’s strong focus on international law.” Fanny says. “One of the best things about research at the ANU College of Law is the level of supervision available and the efforts made to inte-grate research students into the College’s academic community.”

Fanny says that after she has completed her research degree, she hopes to continue in a research career as an academic or to work for an international organi-sation involved in refugee or migration issues.

Student Profile

David Heckendorf | Doctor of Philosophy

David Heckendorf relocated from Armidale to Can-berra to study. David says “Being disabled with Cerebral Palsy, Canberra provided an excellent mix of facilities and specialist services, especially at the ANU”. David is currently a policy manager in the ACT Government’s disability area. “I wanted to research in law to gain marketable employment related skills. My personal experience, legal curiosity, and my employment position led me to research the inter-actions and interconnections between the law and disability”.

30 | Graduate Law

Health: Patent Law and Access to Essential Medicines will focus on the debate over access to essential medicines. Papers reflecting the discussions will be developed into edited books, following the workshops.

The Centre has published a number of books which are available for sale. Currently, it publishes the Australian Year Book of International Law and the Law and Policy Papers series through Federation Press.

http://law.anu.edu.au/cipl

Australian Centre for Environmental LawThe Australian Centre for Environmental Law (ACEL) was established in 1991 to create a critical mass of environ-mental law and policy expertise. Since its inception, ACEL has established itself as one of the leading centres for environmental law and policy teaching and research in Australia. Its current Director is Professor Tim Bonyhady, renowned for his prize-winning books including Places Worth Keeping and The Colonial Earth.

ACEL teaches the graduate program in Environmental Law, designed for both those with no legal training and for lawyers. The program includes a comprehensive array of courses ranging from biodiversity to water, environmen-tal planning and impact assessment to effective business regulation and enforcement. The program’s teachers include many of Australia’s most prominent environmen-tal lawyers.

ACEL also engages in a wide range of research and consul-tancy projects relating to both domestic and international environmental law. The staff and teaching and research associates of ACEL are the authors of many of Australia’s most significant books, articles and reports about envi-ronmental law. When members of the legal profession, government, business or the media seek expert informa-tion, they regularly turn to ACEL.

http://law.anu.edu.au/acel/

CENTRES

Centre for International and Public LawThe Centre for International and Public Law (CIPL) is part of the ANU College of Law at The Australian National University. It was established in 1990 with an objective to focus and develop its expertise on the relationship between governments, and between governments and their citizens, from both a domestic and an international perspective.

The Director of the Centre is Professor Kim Rubenstein, who joined CIPL in February 2006. Kim’s current research projects are in the fields of both public and international law which includes her expertise in citizenship law. Past Directors include Professors Hilary Charlesworth, Julian Disney and Phillip Alston.

CIPL’s activities include convening two major conferences – the Australian and New Zealand Society of International Law Conference (ANZSIL) and the Public Law Weekend as well as other specialised seminars, lectures and work-shops. It also convenes an annual lecture began in 1998 in honour of Geoffrey Sawer whose academic interests spanned the work of the Centre and who was the first full-time Professor of Law at the ANU. Another recent initiative of the Centre is the annual Kirby Lecture estab-lished to recognise Justice Michael Kirby AC CMG’s long passion and service to international law. The first Kirby Lecture will be delivered in 2008 as a highlight of the ANZSIL Conference.

One of CIPL’s new research activities is a yearly workshop linking public lawyers with international lawyers: Con-necting the Public with the International: Law’s potential. The first workshop titled Untangling the national from the international and the public from the private: The com-plexities of accountability and governance in a globalised world was held in 2007. The second: Incentives for Global


titioners, government and the business community on commercial law issues, particularly as they affect govern-ment commercial practice.

The Centre’s research specialises in emerging commer-cial law areas, particularly corporatisation, privatisation, government contracting, globalisation and international aspects of commercial law. Research and projects under-taken at the Centre also covers the ‘traditional’ areas of commercial practice such as bankruptcy and insolvency, commercial litigation, companies, securities, contracts, equity, intellectual property, personal property securities, trade practices and taxation.

http://law.anu.edu.au/ccl/ccl.asp

Australian Centre for Military Law and Justice The Australian Centre for Military Law and Justice (ACMLJ), set up on 1 January 2008 is one of only two Centres in an Australian university which is focused on military law.

Military law is not a discrete area of law. Criminal law, administrative law, constitutional law and international law all have a place in military law. Military law comprises these and other branches of law applied in a military con-text. The military context, however, is influenced by the origins of law relating to defence which is sourced to the prerogative power to defend the realm.

The ANU Centre has been created to develop a research capability into military law. The research work of the Cen-tre will complement the postgraduate teaching program for Defence lawyers, the contract for which was won by the ANU in 2005. The teaching program has been running since 2006 and is conducted by an enthusiastic team of ANU law teachers, in conjunction with Defence’s Military Law Centre, Randwick. Students in that program graduate with either a Masters in Military Law or a Masters in Law.

http://law.anu.edu.au/ACMLJ/

Centre for Law & EconomicsThe Centre for Law & Economics (CLE) forms part of an international network of Centre’s for law and economics (including Yale, Berkely, Oxford Cambridge, Copenhagen, Zurich, Peking, Tokyo and Singapore as participants in the International Alliance of Research Universities). It has been established to become a centre of excellence in the application of economic analysis to law in Asia Pacific. The economic analysis of law in the US began in Tax, Competi-tion law & regulated industries in the 1960s it extended into Property, Contract, Torts, Criminal, Constitutional law. It is now the dominant method in Law Journals and

The Centre for Climate Law and Policy The Centre for Climate Law and Policy (CCLP) is part of the ANU College of Law. It was established in 2007 with the objective of providing a focal point for law and policy research related to climate change. The CCLP also runs courses in climate law and provides consulting services.

The Director of the CCLP is Professor Tim Bonyhady and the Associate Director is Andrew Macintosh. Other ANU staff associated with the Centre include Don Anton, Brad Jessup, Judith Jones, James Prest and Matthew Zagor.

The CCLP’s areas of interest include the following.

� International climate law

� Adaptation law and policy

� The regulatory framework for emissions trading schemes

� Renewable energy laws

� Climate litigation

� The regulation of transport emissions

� Controlling emissions from land use, land use change and forestry

� Environmental assessment and climate change

� The politics of climate law

� Relationship between federal, state and local climate measures

� Human rights and climate change

http://law.anu.edu.au/CCLP/

Centre for Commercial Law

The Law School established the Centre for Commercial Law (CCL) at The Australian National University in 1998, under the Directorship of Professor Stephen Bottomley, Professor of Commercial Law at the ANU. The current Director is Dr Daniel Fitzpatrick.

CCL’s central mission of advancing the body of knowl-edge of commercial law in Australia, is achieved through a number of objectives:

� To be a national leader in private and government commercial law research and teaching

� To be a centre of excellence in private and government commercial law reform advice and policy evaluation

� To be a national forum for academics, practitioners and regulators working in

� private and government commercial law

The Centre’s functions include commercial law research and teaching in the ANU College of Law, and conducting seminars, workshops and consultancies for legal prac-

32 | Graduate Law

several US Federal Judges use Law and Economics in their judgements (eg Breyer, Posner, Easterbrook, Calabresi, Bork). In the 1990s Nobel Prizes in law and economics were awarded to Coase, Becker, Buchanan, and North

The Centre’s primary focus is upon the economic analysis of law in three areas:

� Competition, Industry and Business Law, Economics and Regulation

� Public Policy, Law, Economics Finance and Management

� Social Policy, Law, Economics Finance and Management (including Welfare, Superannuation, Health, Education, Employment and Family Policy)

Dr George Barker is Director of the Centre. Dr George Barker has a Doctorate in Economics from Oxford Univer-sity, and holds both a law degree and Master of Economics. He was awarded the Olin Fellowship in Law and Econom-ics at Cornell University in 2000. He is on the Editorial Board of the European Journal of Law and Economics and is the editor of Asia Pacific Law and Economics Review (Berkeley Electronic Press). He is current President of the Australian Law and Economics Association, the past CEO, and former Board member of LECG Asia Pacific Ltd.

http://law.anu.edu.au/cle/

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