2016 Postgrad Applied Laws Handbk

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www.collaw.edu.au/alp

The College of Law2016 POSTGRADUATE APPLIED LAW PROGRAMS HANDBOOK

• LLM (APPLIED LAW)

• MASTER OF APPLIED LAW (FAMILY LAW)

• GRADUATE DIPLOMA OF APPLIED LAW

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WHAT ARE YOU LOOKING FOR? Want to get the edge in a tight recruitment market?

Are you looking to build your practice?

Want to move into a new area of practice and to skill up quickly?

The College of Law’s Postgraduate Applied Law Programs (ALP) can give you the tools and knowledge you need to reach your goals.

Please read more about our Postgraduate Applied Law Programs in this handbook or contact ALP at 1300 506 402 or [email protected] to find the program for you.

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TABLE OF CONTENTS

2016 POSTGRADUATE APPLIED LAW PROGRAMS

4 Who we are

7 Delivery and course requirements

9 Credit for prior learning

10 Our people

11 Subject streams

11 Alternative Dispute Resolution

13 Commercial Litigation

17 Commercial Transactions

20 Estate Planning

22 Family Law

26 In-house Practice

30 Property Law

33 Wills & Estates

38 Important dates, fees & Enrolment information

DOWNLOAD THE 2016

APPLICATION FORMS

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IF YOU WANT A PRACTICAL APPROACH TO YOUR POSTGRADUATE STUDY, LOOK NO FURTHER THAN THE COLLEGE OF LAW

WHAT DO YOU GAIN FROM THE APPLIED LAW PROGRAMS?

The College of Law is the fifth largest provider of postgraduate legal education in Australia and has offered postgraduate legal education to lawyers for over 40 years.

As an organisation aligned with the legal profession, we know what you need as a practising legal professional to take your career or practice to the next stage.

The Applied Law Programs are developed for practitioners, by practitioners, and focus on developing technical and practical proficiency through innovative problem-based learning. They are designed on the basis of learning by doing — the application of legal skills to realistic tasks and scenarios that practitioners encounter in practice.

An in-depth knowledge of the substantive law and practice

Better understanding of client needs and how to resolve disputes

Ability to think critically and analytically to provide high level advice and dispute resolution legal services

Effective and high level communication with clients and other legal professionals and related service providers

Excellent interpersonal and decision-making skills, including an awareness of personal strengths and limitations

Ease of engagement in meaningful discourse within the legal profession through involvement with the profession at various levels

Practical knowledge to be applied to professional conduct and the duty to the client, court and the community

Aptitude for self-directed life-long learning

Fulfilment of Continuing Professional Development (CPD) requirements

WHO WE ARE

“I am continuously impressed by how relevant the course work has been to my role and how often I can apply the knowledge and skills to real files sitting on my desk.“

Carla ParsonsPartner, Bell Legal Group and Graduate, The College of Law

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THE COLLEGE OF LAW OFFERS THE FOLLOWING POSTGRADUATE APPLIED LAW PROGRAMS AT THE MASTER OR GRADUATE DIPLOMA LEVEL

If you are a practising lawyer looking to further your career or develop a practice, we have a range of subjects and practice area majors available in our fully accredited, specialised Master of Laws. The LLM (Applied Law) is designed to enhance your on-the-job skills and give you the edge you need to take your career to the next level.

Choose from majors and subjects in the following practice areas:

Alternative Dispute Resolution

Commercial Litigation

Commercial Transactions

Estate Planning

Family Law

In-house Practice

Property Law

Wills & Estates

Completion of eight subjects leads to a Master of Laws (LLM). The subjects can also be taken individually and qualify for CPD units.

To receive the LLM (Applied Law), you need to complete eight subjects total, including the Capstone Project or Major Project.

To receive the LLM (Applied Law) with a major, three subjects must come from your subject area of major, plus the Capstone Project or Major Project in that area (eight subjects total). The remaining subjects can be taken from any area.

New LLM (Applied Law) with a double major combines two major practice areas of study within one LLM (Applied Law)program. Students that complete their Masters with a double major will be awarded with a single degree but with two majors. In order to graduate with LLM (Applied Law) with a double major, students are required to complete a minimum 4 subjects per major with one of the 8 subjects being a Capstone or Major Project in one of the majors. Please note that given the nature of the double major degree, a very limited Recognition of Prior Learning can be granted. Students may apply for 1 specified credit per major as a maximum. Unspecified Credit cannot be applied to a double major LLM (Applied Law).

For example, Please see below an example of the LLM (Applied Law) with a Double Major in Wills & Estates and Property Law may look like this:

Wills & Estates subjects:

WEP 1: Law and Practice of Wills

WEP 3: Construing and Drafting Wills

WEP 4: Family Provision

Capstone: (Wills and Estates)

Property subjects:

Prop 1: Aspects of Land Ownership

Prop 2: Buying and Selling Real Property

Prop 3: Commercial Leasing, Contracts & Transactions

Specified Credit

WHAT WE OFFER

LLM (APPLIED LAW) WITH A DOUBLE MAJORLLM (APPLIED LAW)

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If you want to move into a specialisation in family law or build your existing family law practice, this program will provide the skills and knowledge you need to advance to the next stage.

This eight subject program focuses solely on the practice of family law. It is undertaken primarily online and is designed for busy working professionals. TO RECEIVE A MASTER OF APPLIED LAW (FAMILY LAW): The required core subjects and elective subjects (eight subjects total) are set out below:

THE FOLLOWING 5 CORE SUBJECTS:

FLP1 Children, Parental Responsibility and Divorce

FLP2 Property, Maintenance and Child Support

FLP3 Conducting Family Law Matters

FLP11 Advanced Parenting Issues OR

FLP12 Advanced Issues in Property, Maintenance and Child Support

Major Project (Family Law) or Capstone Project (Family Law)

PLUS A CHOICE OF 3 OF THE FOLLOWING ELECTIVE SUBJECTS:

FLP11 Advanced Parenting Issues (if not already chosen above)

FLP12 Advanced Issues in Property, Maintenance and Child Support (if not already chosen above)

FLP13 Development and Management of a Family Law Practice

FLP14 Family Dispute Resolution

FLP15 Advocacy in Family Law

Major Project (if not already chosen above)

MASTER OF APPLIED LAW (FAMILY LAW)

If you are not quite ready to undertake a full Masters or LLM, then a Graduate Diploma of Applied Law will provide you with the knowledge and skills to advance your career, without you needing to undertake the extended study required for a Master of Laws. If you later decide to progress towards a Masters, all of your study in the Graduate Diploma will be credited towards that award.

The four subject Graduate Diploma focuses on the foundational aspects in the practice areas of Commercial Litigation, Family Law, In-house Practice and Wills & Estates.

You may enrol in single subjects on a non-award basis and complete CPD units. Assessment is optional, but if you later choose to proceed to an award qualification, you will need to complete the relevant assessment.

GRADUATE DIPLOMAS OF APPLIED LAW

SINGLE SUBJECTS

Commercial Litigation; Family Law; In-house Practice; and Wills & Estates

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DELIVERY & COURSE REQUIREMENTS

ONLINE DELIVERY INTENSIVE SUBJECTS

CAPSTONE PROJECT AND MAJOR PROJECT REQUIREMENT

The Postgraduate Applied Law Programs facilitate flexibility and easy access with online delivery, regular communication with lecturers and support by practitioners from the relevant areas of legal practice. Some subjects will also have a one day face-to-face workshop.

The College of Law engages as lecturers legal practitioners who combine substantial experience in legal practice with the teaching skills needed to support learning. In addition, we invite judges and prominent practitioners to present during our workshops.

The College of Law may offer some subjects in an intensive format. This delivery will differ from the full semesters in that it will be a shorter and more intensive workshop-style course with pre-readings. For information on the intensive subjects offered please see the enrolment form.

In order to satisfy the requirements of the LLM, you can choose to undertake either the Capstone Project OR the Major Project.

The Capstone Project is taken as the final subject in a major. Drawing from the skills and knowledge you have acquired throughout the program, the Capstone Project will challenge you to integrate these skills and apply them effectively to sophisticated and realistic legal scenarios.

There is a strong focus on practical experience and active learning; your performance throughout the subject will be continuously evaluated through a series of assessments. The highlight of the Capstone Project is the final task, where you will prepare a Final Portfolio that demonstrates your legal writing, research, and oral skills. You will also attend the Oral Communication Workshop where you will have the opportunity to complete mini practice runs with your lecturer to prepare you for the oral component of the Final Portfolio.

Throughout the semester, you will receive individualised feedback from your lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing your legal skills.

A Capstone Project is available for each practice area. You will have the option to choose a Capstone Project that matches your major (if you have one). If you are choosing a double major, you only need to complete a Capstone Project in one.The Capstone Project is offered in Semesters 1 and 2.

Assessment: Short-answer questions (followed by oral defence), two legal writing samples, oral communication assessment (e.g. client interview), and reflective analysis of oral communication.

For more information on the policies of the Capstone Project, please view the ALP Manual.

The Major Project is a 10,000-12,000 word research paper of publishable quality. You will have one semester to complete this and will work with a research supervisor along the way. The Major Project is largely a self-directed piece of work (Available only in Semester 1).

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WHAT LEARNING RESOURCES ARE AVAILABLE?Our online program is designed to give you the flexibility to study anywhere via a computer with internet access.

EVERYTHING YOU NEED FOR THE COURSE VIA ONE LOCATION

You can find all course resources on the Learning Portal – your course materials, assessments and your readings for each week are delivered from one location so there is no need to look elsewhere.

PRACTICAL MATERIAL

All materials, exercises and assessments are written with a practical rather than purely theoretical focus and are designed to help you build and improve on your skills in addressing problems in practice – not just to test your understanding of legal concepts.

ACTIVE LEARNING ENVIRONMENT

To help ensure your learning is as efficient and engaging as possible, there are regular opportunities in every subject to participate and engage in active learning activities: automated online exercises; conference discussions; webinars with your lecturer and the other members of your class; and through attending the full day face-to-face workshop.

SUPPORT, FEEDBACK & GUIDANCE FROM YOUR LECTURER

Over the course of the semester, your lecturer, an expert in their field, will be on hand to help guide you through the material, provide you with feedback on how you are tracking and support you through the course.

ACCESS TO OUR EXTENSIVE ONLINE LIBRARY

As a student, you will have access to online resources, including legal databases, such as LexisNexis, Westlaw and CCH.

CONFERENCES HELD VIA WEBINAR OR TELECONFERENCE

Your lecturer may hold regular conferences via webinar, which you can attend from your desk. This offers students a great opportunity to discuss subject content with your peers and expert lecturers and to check on your progress in the subject.

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We will provide you with

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MOREINFORMATION

HOW MANY HOURS PER WEEK DO I NEED TO SET ASIDE FOR STUDY?

CAN I CLAIM CPD UNITS?

CAN I RECEIVE CREDIT FOR ANY PRIOR LEARNING?

For each subject across all of your Postgraduate Applied Law Programs you should allow eight to ten hours study per week for the online materials and participation in online learning activities. In addition, students will be expected to devote further time to attending tutorials and the workshop, as well as assessment tasks and exam preparation.

We recommend students working full-time take one or two subjects per semester. It is advisable that students in full-time practice think carefully about enrolling in more than two subjects.

You may be entitled to claim your full 10 units per subject for your CPD requirements. This takes into account the recommended study time, plus a one-day workshop. However,

you may still need to complete some mandatory CPD. You should check the requirements in your state with your local law society.

The College’s Credit for Prior Learning Policy encourages practitioners who have completed previous postgraduate and other recognised study to apply for credit towards either the LLM (Applied Law) or the Master of Applied Law (Family Law). A maximum of three subject credits may be granted for the Masters awards.

If you have undertaken a Graduate Diploma of Legal Practice with The College of Law within the last ten years you may apply to receive up to two elective subjects of unspecified credit.

If you have undertaken a Graduate Diploma of Legal Practice with another provider within the last ten years you may apply to receive one elective subject of unspecified credit.

If you have undertaken other postgraduate study, such as an LLM or Graduate Diploma of Law, whether you have completed the award or not, you may be eligible to receive credit for that study.

Accredited Specialists may qualify for exemption of up to two subjects.

To apply for advanced standing please complete the application for recognition of prior learning form and submit it with an original certified copy of your academic transcript along with your application to enrol.

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Jennifer McMillan

Jenny is an Accredited Specialist in Wills and Estates, a member of the Law Society of NSW Elder Law and Succession Committee, and a member of the Society of Trust and Estate Practitioners.

Practice Leader Wills and Estates Programs

OUR PEOPLEThe following prominent practitioners have been involved in developing and overseeing the Applied Law Programs.

The Honourable Justice P Bergin Chief Judge in Equity, Supreme Court of NSW

Mr John Armfield Barrister, Second Floor Wentworth Chambers

Mr Philip Hoser Partner, Jones Day

The Honourable Justice Philip Hallen Supreme Court of NSW

Ms Deborah Awyzio Principal, DA Family Lawyers

Dr Stephen Janes School of Law, The University of Western Sydney

The Honourable Kevin Lindgren AM QC former Judge, Federal Court of Australia

Mr Philip Bambagiotti Barrister, 10th Floor St James Hall Chambers

Mr Rodney Lewis Rodney Lewis & Co

The Honourable Keith Mason AC QC former President, NSW Court of Appeal

Dr Jacoba Brasch Barrister, 18 Inns Barristers

Ms Jennifer McMillan Lecturer, The College of Law and Member, Guardianship Division of NSW Civil and Administrative Tribunal

The Honourable Justice Peter Murphy Family Court of Australia

Ms Marie Brownell The Trust CompanyMr Richard Neal Partner, Teece, Hodgson & Ward

The Honourable Peter Rose AM QC Barrister and Mediator, former Judge, Family Court of Australia

Mr David Charles Barrister, Ground Floor Wentworth Chambers

Mr Rick O’Brien Partner, O’Sullivan Davies Lawyers

The Honourable Justice Stephen Thackray Chief Judge, Family Court of Western Australia

Mr David Cosgrave Director of Legal Services, University of Southern Queensland

Mr Peter Szabo Principal, M+K Lawyers

The Honourable Justice Ann Ainslie-Wallace Appeals Division, Family Court of Australia

Mr David Courtenay Courtenay & Co.Ms Angela Taylor Global Head Legal and Compliance, Tibra Capital

The Honourable Justice Judith Ryan Appeals Division, Family Court of Australia

Dr Anthony Dickey QC Barrister, John Toohey Chambers

Mr Glenn Thompson Partner, Newnhams Solicitors, Accredited Specialist (Family Law)

The Honourable Mr Bill Windeyer AM RFD, ED former Probate Judge Supreme Court of NSW

Mr Justin Dowd Partner, Watts McCrayMr Bret Walker SC Barrister, Fifth Floor St James Hall Chambers

Judge Kate Hughes Federal Circuit Court of Australia

Mr Peter Gell Consultant SolicitorMr Richard Williams TEP, Barrister, Roma Mitchell Chambers

Emeritus Professor Peter Butt Sydney Law School, University of Sydney

Mr Dion Gooderham Senior Manager, Legal, Compliance & Capability, IAG

Mr Michael Willmott SC St James Hall Chambers

Professor Richard Chisholm AM Adjunct Professor, Australian National University

Mr Martin Gorrick Barrister, Fredrick Jordan Chambers

Mr Chris Woodforde Principal, Bridgewater Strategies

Professor Patrick Parkinson Sydney Law School, University of Sydney

Mr Tony de Govrik In-house Legal Advisor, A C de Govrik & Associates

Ms Emma Zipper General Counsel and Company Secretary, Bupa Australia

Mr John Armfield Barrister Second Floor Wentworth Chambers

Dr John de Groot de Groots Wills and Estate Lawyers

Professor Patrick Parkinson Sydney Law School, University of Sydney

Mr Les Handler Wills and Estates expert and author

Jennifer McMillan

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SUBJECT STREAMS

ALTERNATIVE DISPUTE RESOLUTION

OUR ALTERNATIVE DISPUTE RESOLUTION FACULTY INCLUDES:

SUBJECTS:

The Honourable Justice Ainslie-WallaceFamily Court of Australia, Appeals Division

Linda KochanskiPractice Leader for Dispute Resolution Programs, The College of Law

Bianca KeysDirector, Bianca Keys Dispute Resolution

Susan Hamilton Green Family Lawyer and FDRP, Intandem Legal Services, Creative Family Law Solutions, Accredited Specialist (Family Law and Mediation), AIFLAM, LEADR, VADR

Lisa Frisken Principal, Gold Coast Mediation & Dispute Resolution Services

The course has been designed to enable you to become a nationally accredited mediator, if you wish.

ADRP1 Mediation is a mediation course under the National Mediator Accreditation System (NMAS). ADRP1 subject is an intensive subject with pre-work followed by four day intensive workshop. An additional workshop and assessment may be undertaken in order to be eligible to apply to become a Nationally Accredited Mediator.

To become a nationally accredited mediator you must complete an additional assessment which is mediation.

This course structure satisfies the requirements under the NAMS.

DATES: • Start Date: 7 March 2016

• Census Date: 22 March 2016

• Face-to-face workshop date: 31 March-3 April 2016

• End Date: 22 April 2016

ADRP1 MEDIATION INTENSIVE

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LECTURER: Justice Ainslie-WallaceFamily Court of Australia, Appeals Division Advocacy skills are key for all lawyers. The ability to be able to persuasively put forward your client’s position is key, whether inside or outside the courtroom.

This subject is a skills-based subject, focused on developing your skill at preparation and argument. You will participate in various exercises such as presenting an opening statement, examination-in-chief, cross-examination, re-examination and argument. Throughout the workshop you will be provided feedback from senior practitioners and the opportunity to practise and hone your skills. Strong emphasis is placed on teaching you the skills of preparation which will make you a successful advocate, inside or outside the courtroom.

This is a general advocacy subject which will have direct practical relevance to you, regardless of your area of practice.

This subject has been developed in conjunction with the Australian Institute of Advocacy. AT THE END OF THIS SUBJECT YOU WILL BE ABLE TO:

Demonstrated well-developed preparation skills in both case preparation and performance preparation

Identify the fundamentals of persuasive advocacy

Demonstrate persuasive argument skill

Develop defence and prosecution case theory

Make and oppose various applications: ex-parte injunction; urgent application

Lead evidence-in-chief, cross-examine and re-examine

Make opening and closing statements

Apply best practice techniques in questioning and preparing witnesses

TOPICS INCLUDE: Fundamentals of advocacy

The opening address

Examination-in-chief, cross-examination and re-examination

The closing address

Techniques in questioning

Structure of arguments and techniques of argument

Communication in court

ASSESSMENT: Making and opposing an ex-parte application or interim application; making and opening address or closing argument; leading evidence or cross-examination of witnesses.

ADRP3 ADVOCACY INTENSIVE

Assessments specified in this handbook are indicative only and subject to change. Not all subjects are available in both semesters. Please check the Application Form for details.

All lawyers and mediators negotiate – this applies equally to litigation lawyers, to mediators and to commercial lawyers. This subject is relevant to lawyers and mediators of all disciplines.

TOPICS INCLUDE: The concept of negotiation,

The theory behind negotiation,

The essential steps when preparing for a negotiation,

The skills essential to all negotiations, and

The challenges that often arise when negotiating.

ASSESSMENT:40% assessment: prepare a negotiation plan and use it to conduct a written negotiation

Feedback assessment: use the negotiation plan to conduct a negotiation

60% assessment: develop a negotiation plan, conduct a negotiation and draft a brief negotiation agreement

DATES: • Start Date: 18 April 2016

• Census Date: 27 April 2016

• Face-to-face workshop date: 11-13 May 2016

• End Date: 3 June 2016

ADRP2 NEGOTIATION INTENSIVE

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SUBJECT STREAMS

COMMERCIAL LITIGATION

Commercial litigation is one of the most complex and challenging areas of the law due to the many different and somewhat unrelated specialty areas. Enrol in this program to hone your skills under the guidance of senior practitioners and equip yourself to act in commercial disputes.

OUR COMMERCIAL LITIGATION FACULTY INCLUDES:Darrell KakeSolicitor Director, 1Legal, Queensland Law Society Accredited Specialist (Commercial Litigation) Lachlan MenziesBarrister, 8th Floor Wentworth Chambers

Florence ThumExecutive Lawyer, Davidson Legal Ted PopperAdjunct Lecturer, The College of Law

“The College of Law Masters program appealed to me because it is not just a purely academic course, but one which is relevant to every day practice that complements my specific area of work. The online learning platform provides me with great flexibility in my studies.”

Amy BarwickMills Oakley Lawyers and Graduate, The College of Law

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SUBJECTS:

This subject provides an overview of commercial arrangements with particular focus on contractual principles, tort, equity and statutory causes of action and the remedies available. You will gain an insight into the complexities of the typical commercial context in which litigators have to operate.

TOPICS INCLUDE: Advising on commercial disputes

Contracts - the building blocks of commercial arrangements

Identifying the contractual terms

Cutting across contracts

Termination without breach – frustration and mistake

Termination for breach of contract

Statutory overlays on contracts

Negligence, misrepresentation and misleading and deceptive conduct

Fiduciary relationships, equity and restitution

Damages and other forms of relief

Ethical considerations ASSESSMENT: Letter of advice (due 15 February 2016) and viva voce examination. (To be scheduled 7-11 March 2016) This subject is offered as a summer and winter intensive.

DATES: • Start Date: 18 January 2016

• Census Date: 3 February 2016

• Face-to-face workshop date: 8-10 February 2016

• End Date: 4 March 2016

This subject outlines the purpose, law and practice relating to pre-trial processes in commercial litigation. You will focus on the skills of analysis, problem solving and strategy in effectively carrying out procedures as a matter in the Federal Court progresses on its way to trial, including seeking interlocutory orders and directions. You will be obtaining instructions, giving advice and utilising these procedures in the most efficient and effective manner to advance the clients’ interests.

TOPICS INCLUDE: Search orders and freezing orders

Preliminary discovery and discovery against non-parties

Engaging experts

Admissibility of expert evidence

Discovery and interrogatories

Subpoenas and notices to produce

Preparing for and managing a hearing

Security for costs ASSESSMENT:Written submissions, letter of advice and take home examination focusing on the Federal jurisdiction only.

DATES: Semester 1 / Semester 2

This subject is designed to enable students to identify and evaluate the main dispute resolution processes applicable in commercial matters and develop effective pre-trial strategies. You will be equipped with the knowledge and skills needed to advise clients on the commerciality of litigation, strategy, risk and prospects of success.

TOPICS INCLUDE: Case analysis and strategy, cost and tax considerations and

offers of compromise

Case management systems

Alternative dispute resolution options

Negotiation and mediation

Drafting deeds of release

Expert determination

Commercial arbitration

Collaborative law

Conciliation ASSESSMENT:Negotiation planning guide, expert determination and take home examination.


CLP1 INTENSIVE REMEDIES IN COMMERCIAL DISPUTES

CLP2 PRE-TRIAL PROCEDURES

CLP3 DISPUTE RESOLUTION PROCESSES

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This subject covers the issues that may arise in complex and multi-party litigation. You will focus on managing complex matters through the use of technology.

TOPICS INCLUDE: Taking instructions and managing the client

Setting up and managing the project team

Advanced privilege issues

Class actions

Litigation funding

Electronic discovery

International trade, choice of law and cross-border dispute resolution

ASSESSMENT:Privilege memo, advice on multi-national dispute and take home examination.

DATES: Semester 2

This subject examines the context of building and construction disputes, and identifies and analyses the issues most commonly giving rise to litigation. You will apply the skills of analysis, problem solving and strategy to formulating courses of action.

TOPICS INCLUDE: Standard form building and construction contracts

Supreme Court Technology and Construction List

Non-court processes – conciliation, mediation, arbitration and expert determination

Common building and construction disputes

Time and programming issues – latent conditions, duties of the superintendent, variations, proportionate liability, notice requirements and time bars

Briefing experts

Termination, security for performance and Personal Property Securities Act

Damages and quantum

Extra contractual remedies ASSESSMENT:Advice on time-related contract issues, advice on security of payment issues and take home examination.

DATES: Semester 1

This subject presents the background to insurance disputes, and explains the regulatory environment. You will identify and analyse common issues and advise clients on strategy, risk, costs and prospects of success.

TOPICS INCLUDE: Regulatory environment for insurance

The insurance contract and litigation

Specific insurance issues and pleading insurance claims

Conducting insurance litigation

Litigation relating to agents and brokers

Enforcement and management of insurance regulation by ASIC and APRA

Common issues in insurance claims

Preparing for and conducting insurance litigation

Reinsurance and arbitration

ASSESSMENT:Letter of advice and take home examination.

DATES: Semester 1

This subject focuses on the evaluation and employment of strategies for the enforcement of copyright, design, patents and trademarks. You will formulate courses of action and advise clients on strategy, risk, costs and prospects of success.

TOPICS INCLUDE: Introduction to intellectual property disputes

Infringement and litigation steps

Pre-emptive strategies and interlocutory relief

Venue selection for intellectual property disputes

Developing a litigation strategy

Defending an action

Formal pleadings, affidavit requirements and interlocutory relief

Letters of demand and accessorial liability

CLP4 MANAGING COMPLEX LITIGATION

CLP11 BUILDING AND CONSTRUCTION DISPUTES

CLP12 INSURANCE DISPUTES

CLP13 INTELLECTUAL PROPERTY LITIGATION


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This subject covers the nature of insolvency and acting for liquidators, administrators, receivers, creditors and debtors. You will identify and plan strategies involving corporate and personal insolvency, including litigious strategies.

TOPICS INCLUDE: Understanding insolvency

Bankruptcy proceedings and processes

Administering a bankruptcy

Voluntary administration and deeds of company arrangement

Understanding voluntary and involuntary liquidation

Administering a winding up

Issues arising in an external administration

Receivers, managers and controllers

Insolvent trading claims

Proceedings to recover creditors’ assets

Shareholder creditors

Cross border insolvency ASSESSMENT: Creditor’s statutory demand, affidavit, advice and take home examination.


This subject addresses the context of corporate regulation and the issues giving rise to corporate and regulatory disputes. You will focus on advising directors, shareholders and other corporate offices when disputes, obligations, investigations and regulatory issues arise.

TOPICS INCLUDE: Obligations of directors and officers

Defences, indemnity and D&O insurance

Corporate regulation, common forms of dispute and remedies

Venue selection for corporations disputes

Responding to an ASIC investigation

Limitations of regulatory investigations and proceedings

Shareholders’ actions for wrongs by the company

Disputes between members

Disputes between directors

Disputes involving managed investment schemes

Securities class actions and litigation funding ASSESSMENT: Court documents, letter of advice and take home examination.

DATES: Semester 2

CLP14 INSOLVENCY LITIGATION

CLP15 CORPORATIONS LITIGATION

Discovery in intellectual property matters

Expert witnesses in intellectual property matters

Proving and quantifying damages and account of profits

ASSESSMENT:Letter of demand, response to letter of demand and take home examination.

DATES: Semester 2

The required core subjects and elective subjects (four subjects total) are set out below


CLP1 Remedies in Commercial Disputes

CLP2 Pre-trial Procedures

CLP3 Dispute Resolution Processes


CLP4 Managing Complex Litigation

CLP11 Building and Construction Disputes

CLP12 Insurance Disputes

CLP13 Intellectual Property Litigation

CLP14 Insolvency Litigation

CLP15 Corporations Litigation

TO RECEIVE A GRADUATE DIPLOMA OF APPLIED LAW (COMMERCIAL LITIGATION)

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SUBJECT STREAMS

COMMERCIAL TRANSACTIONS

The Commercial Transactions subjects focus on transactions encountered in legal practice from the structuring and formation levels through to the completion of the transaction. These subjects are transferable from state to state. Our experienced lecturers will walk you through the steps of a transaction, while teaching you drafting and negotiation techniques to ensure you are ready to advise and manage each legal component of a transaction.

OUR COMMERCIAL TRANSACTIONS FACULTY INCLUDES:Andrew BoogPrincipal, Austen Brown Boog, NSW Accredited Specialist (Business Law) Allan LuuAdjunct Lecturer, The College of Law and Contract In-house Counsel

Simone DixonPractitioner Education Program Manager

SUBJECTS:

The ability to draft effective, clear, concise and non-ambiguous contracts is an essential and valuable skill for every commercial lawyer.

This subject focuses on enabling students to understand how best to draft, structure and negotiate both pre-contractual arrangements and commercial contracts; how to analyse, assess and advise on the effect of both standard and more complex contractual clauses; and how clauses can be drafted

and/or redrafted to leverage commercial objectives and manage and minimise risk for the client.

TOPICS INCLUDE: Formation of contract

The interpretation of contractual terms

Vitiating factors in contract negotiations

Structuring the transaction - getting to the memorandum of understanding (MoU)

COM1 DRAFTING AND NEGOTIATING

COMMERCIAL CONTRACTS


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The ability to critically assess the range of structuring alternatives and advise on the most appropriate option for the client is a skill that differentiates a competent lawyer from an exceptional and valuable one.

Walking you through the critical sub-components of typical transaction structures, this subject will familiarise you with those structures, and teach you to assess the legal and commercial effect. Through familiarising you with the logic underpinning the available options, you will be able to confidently assess the most appropriate structure in particular circumstances.

TOPICS INCLUDE: The transactional lawyer

Corporate and non-corporate structuring options

Investing through trusts

Common transactional structures

Debt in commercial transactions and structures

Security in commercial transactions and structures

Transfer of ownership in commercial transactions

Insolvency in commercial transactions and structures

Legal opinions in commercial transactions and structures

Signing and closing transactions ASSESSMENT: Drafting a term sheet, drafting a letter of advice to client and take home examination.


Buying and selling a business is an everyday transaction for commercial lawyers. Familiarity with the transaction is required. Ability to more efficiently and more economically manage the process and achieve the client’s commercial objectives while minimising risk, is a skill that will differentiate you from other lawyers.

In this subject, by walking you through the steps in the transaction, you will gain familiarity with the process but you will also be taught a sound methodology for avoiding common and unavoidable errors and more efficiently give effect to your client’s instructions and manage the process. TOPICS INCLUDE:

Preparing for sale and purchase: scoping the sale

Commercial considerations and the MoU

The structure of the purchaser and the selling entity

Due diligence

The subject matter of the sale

Property considerations in business sale transactions

Identifying “title” and “clear title” of the business assets

Apportioning the purchase price and financing the purchase

Drafting and negotiating the asset purchase agreement

Exchange of contracts and pre-settlement considerations

Default, remedies and completion and post-completion ASSESSMENT:Addressing the outcomes of a due diligence exercise, drafting and advising on a Memorandum of Understanding, structuring a business acquisition, and take-home examination.

DATES: Semester 1

COM2 STRUCTURING AND FINANCING TRANSACTIONS

COM3 BUYING AND SELLING A BUSINESS

Drafting memorandum of understanding (MoU) and associated documents

Structuring a contract

Language in drafting

Contract negotiation skills

Termination and exercising termination rights

Drafting and negotiating damages and penalty clauses

Litigation aspects – mediation and expert determination

ASSESSMENT:Drafting a letter of advice, analysis of a preliminary agreement, redrafting contractual clauses and take home examination.


19Assessments specified in this handbook are indicative only and subject to change. Not all subjects are available in both semesters. Please check the Application Form for details.

The sale and purchase of a private company is a substantial project often involving significant time and resources. The ability to advise and manage the legal aspects of each element of the transaction as efficiently as possible is a necessary skill for any commercial lawyer.

This subject will teach you how best to analyse the client’s needs and provide commercial and legally correct advice by taking you through the practical steps in the transaction and providing you with opportunities to test your knowledge in practical assessment.

TOPICS INCLUDE: Overview of company law

MoUs: Scoping the sale and commercial considerations

Structuring considerations: Tax and funding the business

Structuring considerations: Entry and exit strategies

Attracting finance and investment

Managing the due diligence process

Determining the necessary agreements

Drafting documentation

Drafting and negotiating key terms of the contract

Finalising the transaction

ASSESSMENT:Drafting a letter of advice on structuring, financing and scope of purchaser due diligence, memo to partner and viva voce assessment.

DATES: Semester 2

COM4 SALE AND PURCHASE OF PRIVATE COMPANIES

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SUBJECT STREAMS

ESTATE PLANNING

OUR ESTATE PLANNING FACULTY INCLUDES:Allan SwanDirector, Swan & Yii Pty Ltd

Nathan YiiDirector, Swan & Yii Pty Ltd

SUBJECTS:

This subject aims to give students a broad and practical understanding of the important aspects of Australian superannuation law, with a particular focus on legal advice and transactions involving self-managed superannuation funds (SMSFs). Students will be introduced to the various types of superannuation funds, including retail, industry, public sector and small APRA funds.

The subject will cover how funds are regulated, how the member entitlements are invested, how their income is taxed, the treatment of contributions to those funds and the payment and taxation of benefits on retirement or death.

This subject also provides students with an in-depth understanding of self-managed superannuation fund (SMSFs), including the regulatory rules on the establishment, administration and winding up of an SMSF.

TOPICS INCLUDE: Regulatory framework for Australian superannuation

Establishment and maintenance of SMSFs

Concessional and non-concessional contributions

SMSF real estate – purchase and lease options

Life insurance policies and superannuation

Family Law – SMSFs and family trusts

Life payments to fund members – pension options and lump sums

Superannuation death benefits

SMSF real estate – retention for the next generation

ASSESSMENT:Feedback assessment: Review an SMSF deed

40% assessment: Drafting a letter of advice

60% take home exam: Summative, 3 questions

DATES:Spring Intensive

EP01 SUPERANNUATION INTENSIVE

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While lawyers are not financial planners, understanding the financial issues is critical to estate planning. This subject covers a range of financial planning matters which fall within the ambit of a solicitor, from business structures to insurance matters. Students learn how to apply these financial concepts to the drafting of a client advice and an estate plan.

The subject will cover preparing an estate management plan, setting up structures to protect the estate, taxation of estates, protecting the estate from claims, superannuation, insurance, asset transfer to companies, trustees and other entities and challenges to estate planning strategies.

The subject will provide an introduction to estate planning and some of the estate planning tools and strategies that are available. It will take you through the basics of how to prepare an estate plan. It covers the legislative and case law governing the use of discretionary trusts, superannuation and insurance as estate planning and asset protection tools.

TOPICS INCLUDE: Introduction to estate planning

Preparing an estate management plan

Structures and asset protection strategies with an emphasis on the discretionary trust

Social security and special disability trusts

Capacity and substitute decision making

Superannuation – issues arising during the establishment, accumulation and pension phase of superannuation funds

Superannuation and death

Insurance

Taxation of deceased estates

ASSESSMENT:Feedback assessment: Review a trust deed and prepare a file note

40% assessment: Draft a will and a letter of advice

60% take home exam: Summative, 3 questions

DATES: • Start Date: 21 March 2016

• Census Date: 31 March 2016

• Face-to-face workshop date: 14-17 April 2016

• End Date: 6 May 2016

EP02 LEGAL ASPECTS OF ESTATE AND

FINANCIAL PLANNING INTENSIVE

Coming Semester 2 2016 EP03 Business Succession Planning


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SUBJECT STREAMS

FAMILY LAW

If you want to move into a specialisation in family law or build your existing family law practice, the family law subjects will provide the skills and knowledge you need to advance to the next stage. We also offer the Graduate Diploma of Family Dispute Resolution Practice (FDRP). If you are interested in becoming a registered Family Dispute Resolution Practitioner, please visit www.collaw.edu.au/fdrp.

OUR FAMILY LAW FACULTY INCLUDES:

Mike EmersonPrincipal, Emerson Family Law

Simon Cooper Barrister, E-Chambers

Clare DartBarrister, Family Dispute Resolution Practitioner, Nationally Accredited Mediator, Family Law Arbitrator

Leanne FrancisSenior Associate, Hall Payne Lawyers

Susan Hamilton-GreenFamily Lawyer and FDRP, Intandem Legal Services, Creative Family Law Solutions, Accredited Specialist (Family Law and Mediation), AIFLAM, LEADR, VADR

Danielle Jaku-GreenfieldMediator, lecturer and writer, Sydney Mediation Partnership, NMAS, Leadr

Ray JamesJames & Associates Solicitors, Adjunct Lecturer, The College of Law and NSW Accredited Specialist (Family Law)

Debbie MortonPrincipal of Morton Family Lawyers, Family Dispute Resolution Practitioner, Nationally Accredited Mediator and NSW Accredited Specialist (Family Law)

Doris MatiasAssociate Director, Culshaw Miller Lawyers

Graham QuinlivanMember, Queensland Civil and Administrative Tribunal, QLS Children’s Committee

Ian SerisierBarrister

Linda KochanskiAssistant Professor, Bond University

Glenn ThompsonPartner, Newnhams Solicitors, Accredited Specialist (Family Law)

Paula WilkinsonDirector, Kim Wilson & Co, Accredited Specialist (Family Law), M. App. Law (Family Law)

Mark YoussefPartner, Taylor & Scott, NSW Accredited Specialist (Family Law), Specialist Accreditation Advisory Committee Member (Law Society of NSW)

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SUBJECTS:

This subject covers aspects of family law concerned with people, rather than property or financial matters. It covers the law and practice concerning various aspects of parenting after separation and the law of divorce.

TOPICS INCLUDE: Parenting after separation

Understanding the legislative pathway

An introduction to the factors that must be considered when assessing the best interests of a child

An awareness of the social science research on those things that benefit and harm children in relation to post-separation parenting arrangements

Child abuse and family violence

Relocation and child abduction

Variation and enforcement of parenting orders

An introduction to ethical issues in children’s matters

Assessing eligibility for divorce

ASSESSMENT: Drafting letter of advice, memo and take home examination.


Family law clients are often emotionally distressed and many may be consulting a lawyer for the first time.

This subject covers how to conduct successful first conferences and how to assess the advantages and disadvantages of a range of dispute resolution methods. It also equips students with the analysis skills required to determine the most appropriate course of action for the client whether it be commencing proceedings, seeking interim orders or applying for final orders.

TOPICS INCLUDE: Considerations to be taken into account in determining

whether to initiate proceedings

Preparing for hearing

Factors impacting on the drafting of interim applications

Determining when interlocutory proceedings are appropriate

Drafting enforceable final orders

Preparing and presenting a final hearing

Ethical issues

Conducting a first interview

Division 12A and financial proceedings

Interlocutory processes and appeals ASSESSMENT: Drafting interim orders, conducting a client interview, drafting final orders and affidavits in support.

DATES: Semester 2

This subject deals with property and financial matters such as spousal maintenance, child support and superannuation splitting. It covers matters relating to those issues that family law practitioners would expect to encounter in everyday practice.

TOPICS INCLUDE:

Conducting the four steps of analysis in section 79 matters

An overview of the ways of finalising a property settlement agreement, including drafting the various documents

Taxation issues in property agreements and orders

Superannuation splitting

An introduction to child support

Spousal maintenance

Ethics in family property law matters

ASSESSMENT:Preparing schedule of assets and liabilities, conciliation

documents and take home examination.


FLP1 CHILDREN, PARENTAL RESPONSIBILITY

FLP3 CONDUCTING FAMILY LAW MATTERS

FLP2 PROPERTY, MAINTENANCE AND

AND DIVORCE

CHILD SUPPORT


FLP1 CHILDREN, PARENTAL RESPONSIBILITY

FLP2 PROPERTY, MAINTENANCE AND

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This subject provides a practical and in-depth study of complex and emerging issues on determining parenthood, parenting after separation and child protection.

TOPICS INCLUDE: Division 12A proceedings

The definition of ‘parent’ and assisted reproduction

Assisted reproduction, DNA testing and determining paternity

The role of, and orders relating to, grandparents and other relatives in family law disputes

Orders in regard to specific issues, e.g. education, religious upbringing, children’s surnames

International child abduction – Hague Convention

Expert evidence in children’s matters

State child protection proceedings

Child support ASSESSMENT:Drafting letter of advice, memo and draft orders and take home examination.

DATES: Semester 2

FLP11 ADVANCED PARENTING ISSUES

“In addition to sharpening my professional skills, the master’s program has been an important marketing point of difference for my business.”

Peter HooperHooper Family Lawyers and Graduate, The College of Law

This advanced subject examines in-depth issues in complex property and financial matters, one of the most complex areas of family law practice.

TOPICS INCLUDE: Trusts, private companies and partnership interests

Power to bind third parties

Competing claims, creditors and bankruptcy

Setting aside orders and agreements

Cross-border issues in family property law

Property disputes and de facto relationships

Common issues in complex cases

Spousal maintenance

Financial agreements

Child support agreements

Succession and family provision claims ASSESSMENT: Drafting letters of advice and take home examination.

DATES: Semester 1

FLP12 ADVANCED ISSUES IN PROPERTY, MAINTENANCE

AND CHILD SUPPORT

Establishing a legal practice and managing that practice for growth can be difficult. Practitioners need to manage not only the business aspects of their practice but also balance the particular pressures facing many family law clients. This subject equips students with various methodologies to effectively develop and manage a family law practice, including business planning.

TOPICS INCLUDE: Strategic management and business planning

Financial management – pricing, costs, budgets and productivity

People management – clients, staff and self

Systems and risk management ASSESSMENT:SWOT analysis, leveraging activity, memo and business plan.

DATES: Semester 2

FLP13 DEVELOPMENT AND MANAGEMENT OF A

FAMILY LAW PRACTICE

FLP12 ADVANCED ISSUES IN PROPERTY, MAINTENANCE

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To provide clients with effective advice a family law practitioner must have knowledge of the various dispute resolution options and be able to assess their appropriateness to their client’s circumstances. This subject exposes students to the full spectrum of dispute resolution options, including how parties can resolve their disputes themselves with the assistance of a third party.

TOPICS INCLUDE: Less adversarial initiatives

Negotiation

Mediation

Collaborative law

Conciliation and arbitration

Communication skills

Issues of power and culture ASSESSMENT:Draft position, interests and agenda for mediation, power imbalance activity and take home examination, DISC behavioural style questionnaire.

DATES: Semester 1

This subject focuses on developing and/or refreshing advocacy skills used in the Family Court and the Federal Circuit Court of Australia. A key component of this subject will be the opportunity to engage in advocacy exercises during intensive workshop sessions.

TOPICS INCLUDE: Preparing a case for trial

Rules of evidence in family law matters

Oral evidence in chief

Cross-examination

Oral and written submissions

Reviews, stays and the slip rule

Appellate advocacy

Presenting an interlocutory application ASSESSMENT:Draft case outline, cross-examination activity, draft written submissions and make oral submissions.

DATES: Semester 1

FLP14 FAMILY DISPUTE RESOLUTION

FLP15 ADVOCACY IN FAMILY LAW



FLP1 Children, Parental Responsibility and Divorce

FLP2 Property, Maintenance and Child Support

FLP3 Conducting Family Law Matters


FLP11 Advanced Parenting Issues

FLP12 Advanced Issues in Property, Maintenance and Child Support

FLP13 Development and Management of a Family Law Practice

FLP14 Family Dispute Resolution

FLP15 Advocacy in Family Law

TO RECEIVE A GRADUATE DIPLOMA OF APPLIED LAW (FAMILY LAW)


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SUBJECT STREAMS

IN-HOUSE PRACTICE

The In-house Practice subjects aim to assist both private practitioners who want to move in-house to develop the skills needed, and those already in-house to work more effectively in their role. This program focuses on the commercial aspects of being an in-house lawyer. The law is covered, but always in the context of the commercial realities faced by in-house counsel.

OUR IN-HOUSE PRACTICE FACULTY INCLUDES:Tony CahillLegal author and commentator

Allan LuuAdjunct Lecturer, The College of Law and Contract In-house Counsel Chris WoodfordePrincipal, Bridgewater Strategies

Therese LintonAdjunct Lecturer, Principal Consultant and published author, The College of Law, Sydney University, The BASALT Group

Craig SmithAdjunct Lecturer, The College of Law and Lecturer, Queensland University of Technology

“I chose the Masters to assist in my transition from private practice to in-house and to develop a range of practical skills applicable to all in-house lawyers.”

Alicia BurgemeisterLegal Counsel and Policy Manager, Adelaide Airport Limited and Graduate, The College of Law

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This core subject has been developed as a direct response to the increasing number of in-house corporate and government roles and in recognition of the unique environment in which corporate and government lawyers must discharge their legal and professional obligations.

Corporate and government employers and their in-house lawyers are increasingly concerned with governance issues. Serving the interests of just one client brings both opportunities and tensions.

This subject aims to prepare you, as an in-house lawyer, to meet challenges to your professional independence and integrity. As a corporate or government lawyer, with professional qualifications, training, experience and ethical commitment to serving the public interest in the administration of justice, you can offer far more than simply providing legal advice. You can influence good governance and compliance in their organisation.

TOPICS INCLUDE: Acting in the private and public sectors

Challenges for in-house lawyers – balancing role as facilitator against role as guardian

Drafting effective reports, advices and other communications in an in-house environment

Understanding the role of the director and the board

Understanding corporate governance and risk management

Balancing your role as facilitator against your compliance obligations

Managing your own risk – limiting your liability if something goes wrong

Understanding professional duties; maintaining confidentiality and privilege

Recognising conflicts of interest and duties; complying with statutory requirements

Briefing out: an introduction to outsourcing external lawyers; managing the relationship and costs

ASSESSMENT: Drafting exercises and a take home examination.


This subject prepares you to deal with the various ways in which an in-house lawyer may be called upon to represent the interests of the company or government in dispute management (including litigation), and in other contexts which require negotiation skills. It also examines some of the practicalities of managing both internal and external disputes, complaints handling and discovery.

TOPICS INCLUDE: Advising on strategies to manage risks and disputes

Setting up complaint handling and dispute resolution processes

Developing effective email and technology use policies

Legal Services Directions and the Freedom of Information Act

Managing documents and the litigation process

Resolution of disputes by alternative means

ASSESSMENT: Developing a complaints handling process, completing a report and recommendations and participating in a mediation

DATES: Semester 2

The in-house lawyer plays an important role in creating, developing, commercialising and protecting the organisation’s property, both real and intellectual. The subject provides you with the relevant knowledge and skills to perform this important function and covers the process of managing property rights, as well as contract management in the public and private sector.

TOPICS INCLUDE: Dealings in real property

Managing and protecting IP rights

Commercial transactions including due diligence

Managing contracts

Managing the relationship with external advisors ASSESSMENT:Drafting a memo of advice and reports.

DATES: Semester 1

IHP101 ADVISING IN-HOUSE

IHP102 MANAGING DISPUTES

IHP103 MANAGING PROPERTY RIGHTS


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The in-house lawyer is frequently tasked with a dual role as Company Secretary. Developing core governance competencies is an integral part of this role, particularly in the light of corporate collapses and inquiries which have highlighted the effects of poor corporate governance within organisations. This subject aims to equip students with the knowledge and skills necessary to effectively discharge the duties of Company Secretary.

TOPICS INCLUDE: Understanding and balancing the role of the in-house

lawyer as Company Secretary

Managing the relationship with the Board and complying with corporate governance obligations such as reporting obligations

Performing administrative functions including conducting company meetings

Not-for-profit and government organisations

Assessing performance ASSESSMENT: Drafting activities - compliance issues, updating company registers and preparing for an AGM.

DATES: Semester 1

Senior management will usually judge the legal team on its contribution to the organisation’s key objectives. To achieve this outcome, the legal team’s technical legal skills must be supported by effective management. This subject deals with the principles of legal practice management in a corporate or government context and covers some of the knowledge and skills required to manage a legal team.

TOPICS INCLUDE: The in-house legal team and the organisation

understanding and communicating the value proposition

Leading the in-house legal team – managing strategy and structure

Managing the budget, the people and crises

Selecting and managing external lawyers ASSESSMENT: Drafting a business plan and explanatory notes, briefing paper and presentation, appointing external lawyers, developing selection criteria and template and drafting a selection report.

DATES: Semester 1

Many in-house lawyers will work for an organisation that has dealings outside Australia. The in-house lawyer must be able to deal with the international implications of many commercial and compliance issues. This subject aims to prepare students to work in a vast array of environments and with a vast array of issues that are beyond their training and experience in their home jurisdiction.

TOPICS INCLUDE: The in-house lawyer as the “new statesperson” and

working under the rule of law

Managing legal services in the international context – differences in regulation, culture, legal business systems

Managing the supply of multi-national legal services

Cross-border trade, jurisdiction and legal issues

Applying practical legal skills in an international context

Managing an international transaction ASSESSMENT:Drafting reports and providing advice on key issues relating to a global expansion, launching a new product in new markets and product liability.

DATES: Semester 2

IHP111 ACTING AS A COMPANY SECRETARY

IHP112 MANAGING THE LEGAL TEAM

IHP114 THE IN-HOUSE LAWYER OPERATING

IN THE GLOBAL CONTEXT

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The in-house lawyer is often seen as the “corporate conscience”, assisting senior management and the board to direct the corporation down the right path – particularly under the pressures of business competition or politics.

This subject builds upon material in the previous subjects, placing greater emphasis on the role of the in-house lawyer in legal compliance and risk management processes, to enable students to fulfil their role as “corporate conscience”.

TOPICS INCLUDE: Managing risk and corporate governance, including

developing appropriate risk and compliance frameworks

Managing compliance programs and communications strategies

Understanding and implementing risk management strategies

Dealing with insurance

Understanding risk in the public sector ASSESSMENT: Drafting a memo of advice and preparing a risk analysis, risk management plan, compliance program and communications strategy.

DATES: Semester 2

The primary objective of this subject is to introduce students to the concepts of project management and to provide concepts that can be applied to legal work when appropriate.

An in-house lawyer must be able to work with executives and managers at different levels in the organisation. Often, the in-house lawyer in the public and private sectors will be part of a larger project team or required to coordinate or advise on projects involving internal and external resources. Using a major infrastructure project as the case study, this subject builds upon material in the core subjects, particularly IHP101, but with a greater emphasis on the role of the in-house lawyer as a critical member of or key adviser to a project team.

TOPICS INCLUDE: The project life cycle

Project delivery methods and structures

Managing project risk

Specifying project requirements and dealing with contractual issues

Dealing with problems and disputes ASSESSMENT: Selecting project delivery methods, providing advice on contractual problems and managing a complex project crisis.

DATES: Semester 2

IHP115 MANAGING LEGAL COMPLIANCE AND RISK

IHP116 MULTI-DISCIPLINARY PROJECT MANAGEMENT



IHP101 Advising In-House

IHP102 Managing Disputes


IHP103 Managing Property Rights

IHP111 Acting as a Company Secretary

IHP112 Managing the Legal Team

IHP114 The In-House Lawyer Operating in the Global Context

IHP115 Managing Legal Compliance and Risk

IHP116 Multi-Disciplinary Project Management

TO RECEIVE A GRADUATE DIPLOMA OF APPLIED LAW (IN-HOUSE PRACTICE)


IHP116 MULTI-DISCIPLINARY PROJECT MANAGEMENT

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SUBJECT STREAMS

PROPERTY LAW

The Property Law subjects are suitable to both property and non-property lawyers of all levels of experience. The core focus is to equip students with the ability to analyse and better manage property transactions of all types. The subject also focuses on how to address and resolve the more complicated issues that regularly arise for property law practitioners. The specialised areas that are covered include: shared title, commercial leasing transactions and financing property transactions. In addition the core components of property law practice of buying and selling real property, e-conveyancing, ethics and an analysis of complicated property law concepts are also covered. The Property Law subjects will benefit lawyers who are: moving from a different area of legal practice to property law; want to increase the confidence with which they approach their property practice and their clients; or want to increase their knowledge in a specialised area of property practice. This course is tailored to New South Wales and Queensland legislations, policies and procedures.

OUR PROPERTY LAW FACULTY INCLUDES:Simone DixonPractitioner Education Program Manager Tony Cahill Legal author and commentator

Dr Michael Nancarrow Senior Lecturer, CQUniversity Jillian Osborne Sole Practitioner, Jillian Osborne Lawyer, NSW Accredited Specialist (Property Law)

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While we all remember property law from law school, your undergraduate property course was probably limited to basic everyday scenarios rather than more complex concepts. This subject will enable you to test your existing understanding of key concepts and build and extend your existing skills in property law through practical assessment based on real life, but more complex, fact scenarios. This subject is recommended particularly for practitioners who are moving from one area of legal practice into property law.

TOPICS INCLUDE: The different kinds of interests in land

Old system title

The Torrens system

Co-ownership

Easements

Covenants

Crown land

Adverse possession

Native title

Caveats

Rural land

ASSESSMENT:Written advice to client and take home examination.

DATES: Semester 1

Core to this subject, is the analysis and demonstration of the negotiation, communication, drafting and project management skills essential to all property lawyers to effectively act on a property transaction. In addition, this subject provides the most up to date information in an area of law that is currently facing many changes, particularly in regard to e-conveyancing and the 2014 Contract for the Sale and Purchase of Land.

This subject will take you through a sale and purchase of land transaction from its inception to its completion and give you the opportunity to test your ability to apply what you’ve learned through practical assessment.

TOPICS INCLUDE: Acting in real estate transactions: the overriding

considerations

Options and other preliminary agreements

The formation of the Contract for Sale of Land

The standard Contract for Sale of Land

Drafting and negotiating the contract for sale of land

From exchange of contracts to completion

Completion and post-completion

Default of contract and remedy

Rural transactions ASSESSMENT:Written advice to client and take home examination.


Commercial leasing transactions can be major transactions to negotiate and to manage with multiple parties involved. They can also be small transactions with two parties only.

At the end of this subject you will be familiar with all forms of commercial leasing transactions and the common avoidable errors inherent in leasing. In addition, through participating in practical activities and assessment, you will build and extend your existing drafting and negotiation skills and your expertise and value to clients in this area.

TOPICS INCLUDE: Leases – the type of interest in land

Acting in commercial lease transactions

Heads of agreement, agreements for lease and other preliminary agreements

Drafting leases

Advising on and negotiating leases

Acting in retail lease transactions

Assignment of leases and subleases

Lease options and incentives (PPSA)

Termination or surrender of leases

Remedies in leasing ASSESSMENT: Written advice to client and take home examination

DATES: Semester 2

PROP1 /QPROP1 ASPECTS OF LAND OWNERSHIP

PROP2 /QPROP2 BUYING AND SELLING REAL PROPERTY

PROP3 / QPROP3 COMMERCIAL LEASING,

CONTRACTS AND TRANSACTIONS


PROP1 /QPROP1 ASPECTS OF LAND OWNERSHIP

PROP2 /QPROP2 BUYING AND SELLING REAL PROPERTY

PROP3 / QPROP3 COMMERCIAL LEASING,

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Whether you are working for developers or your clients are residential purchasers, knowledge and expertise in the growing area of Shared Title is a necessary addition to a property lawyer’s skill set.

Shared title arrangements are an increasingly common and complicated form of land ownership and a growing area in property law practice. At the end of this subject students will be able to advise developers on the different types of shared title arrangements available and the way in which these arrangements are governed and managed. In this subject emphasis is placed on equipping students with the ability to advise clients on an off the plan contract with confidence and with the ability to identify the critical issues in these contracts.

TOPICS INCLUDE: Describing shared title arrangements

Shared title concepts

Subdivision Governance: easements, rights of way, covenants, by-laws, management statements

Strata leasehold, part building strata, stratum lots

Community schemes

Deciphering the strata provisions in the Contract for Sale of Land and drafting special conditions

Acting in “off the plan” sales

Advising a purchaser in an “off the plan” purchase

Disputes in shared title

ASSESSMENT: Written advise to client and advise to client on an off the plan contract.

DATES: Semester 1

Virtually every property transaction involves a financing element. The ability to advise a client on the suitability of a financing structure and financing documentation is an essential skill for a lawyer wishing to provide a complete service to their clients in property transactions.

This subject takes you from the Letter of Offer to completion of the transaction, and explains each step in the process. Assessment in the subject is designed to equip you with immediately relevant and applicable skills. TOPICS INCLUDE:

Finance and securities

The letter of offer & structuring the transaction

Land as security: mortgages

The transaction documents

Drafting the transaction documents

Due diligence

Negotiating the transaction documents

Consumer lending

Mezzanine lending and equity financing

Default and remedies

ASSESSMENT:Written advice to client and take home examination.

DATES: Semester 2

PROP4 / QPROP4 SHARED TITLE

PROP5 / QPROP5 FINANCING PROPERTY TRANSACTIONS


PROP4 / QPROP4 SHARED TITLE

PROP5 / QPROP5 FINANCING PROPERTY TRANSACTIONS

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SUBJECT STREAMS

WILLS & ESTATES

The Wills & Estates subjects are the first of their kind, designed for national coverage of the law and practice of wills and estates. There is a strong focus on the practical aspects and with addressing the issues, and the skills required to deal with those issues, that practitioners working in this area face every day.

All subjects include NSW, Queensland or Victoria specific content. Practitioners from NSW, Queensland and Victoria with extensive experience in the area teach students enrolled in each state, ensuring that you are learning from experts with specific experience in your jurisdiction.

OUR WILLS & ESTATES FACULTY INCLUDES:Renee BennettPartner, wilson/ryan/grose Lawyers, Accredited Specialist (Succession Law), Committee Member, Queensland Law Society Succession Law Specialist Accreditation Advisory Committee Marie Brownell Perpetual Angela Cornford-Scott Cornford-Scott Lawyers Pty Ltd Natalie Darcy Legal Officer, NSW Trustee and Guardian, NSW Accredited Specialist (Wills and Estates) Leonie Englefield Barrister, Isaacs Chambers Martin Gorrick Barrister, Frederick Jordan Chambers Ramena Kako Barrister, 13th Floor Wentworth Selborne Chambers, TEP

Ines Kallweit McKean Park Lawyers Richard McCullagh Legal Director, Patrick McHugh & Co. Jennifer McMillan Lecturer, The College of Law and Member, Guardianship Tribunal, NSW Civil and Administrative Tribunal Carolyn Sparke QC Barrister Allan Swan Director, Swan & Yii Pty Ltd Richard Williams MA (Cambridge), TEP, Barrister, Roma Mitchell Chambers, Brisbane Nathan Yii Director, Swan & Yii Pty Ltd

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This provides an introduction to the law and practice of wills for students, whether or not they have studied succession at law school. It identifies and analyses the nature of succession law and practice, as well as the relevant legal materials. It covers the legislative and case law requirements governing the validity of wills, as well as taking the testator’s instructions and assessing testamentary capacity.

There is also an introduction to the skill of drafting valid wills and the method of execution.

TOPICS INCLUDE: The nature of succession law

Legal materials in succession law

Proof of death and burial

Ethics, professional responsibility and liability

Testate succession: formal requirements for a valid will

Taking instructions for drafting a will

Assessing the client’s capacity

Advising on a client’s testamentary intentions; introduction to family provision

Drafting an effective will, including the proper use of precedents

Codicils executing the will, post-execution procedures ASSESSMENT:Drafting a will, a letter of advice to client and a take-home examination.


WEP1 LAW AND PRACTICE OF WILLS

“The major benefit of the program for me is the increased knowledge gained, thereby allowing me to be confident in the quality and value of my advice to clients.”

Louise DixHiggins & Dix Lawyers and Graduate, The College of Law

www.step.org

The subjects in our Wills & Estates stream have been approved as an educational pathway to membership in STEP. Membership in STEP gives our students recognition as a trust and estate practitioner with the post nominal TEP and access to a network of professionals and educational events and opportunities.

STEP is a worldwide professional association for practitioners dealing with family inheritance and succession planning. STEP has 19,500 members across more than 80 countries from a broad range of professional backgrounds, including lawyers, accountants, trust specialists and other practitioners.

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Building on WEP1, this subject is designed to enable students to identify, analyse and apply the principles and rules relating to the construction of wills, especially as they relate to potentially contested estates. It enables students to construe and advise clients on complex issues arising from wills, as well as to enhance further their skills in drafting more challenging wills provisions.

TOPICS INCLUDE: The court of construction

Construction suits

General principles of construction

Specific rules of construction

Admissibility of evidence in the construction of a will

Construing gifts

Equitable doctrines in the construction of a will

Lapse of gifts

Issues in advising on estate planning

Drafting issues – testamentary trusts

Drafting issues – blended families and vulnerable beneficiaries

ASSESSMENT:Drafting a complex will, a letter of advice and a take home examination.

DATES: Semester 2

This subject covers the principles involved in the administration of estates. It identifies and enables students to apply the legislative provisions relating to testate and intestate estates. It covers the procedural steps for obtaining grants of administration, while taking client instructions and providing appropriate advice to the client. Students draft applications for grants of probate and letters of administration, as well as administer assets and wind up the estate.

TOPICS INCLUDE: Grants of probate and letters of administration

Intestate succession

Administration without a grant

Obtaining instructions for grants

Applying for grants of probate and letters of administration and for resealing

Liability of the legal personal representative

Administration of assets

Costing and finalising estates matters

Managing a wills and estates practice ASSESSMENT:Preparing the documents to seek appropriate grants, distribution and transmission and a viva voce examination.

DATES: Semester 1

WEP3 CONSTRUING AND DRAFTING WILLS

WEP2 LAW AND PRACTICE OF ESTATES


This subject comprehensively deals with the application of the family provision legislation, which now underlies all aspects of will drafting and estate administration. It covers issues of eligibility and the grounds for applying, as well as maintenance, education and advancement in life and the types of orders and evidence required.

It also deals with the drafting of the court application and issues involved in the mediation and settlement of proceedings.

TOPICS INCLUDE: Moral claims – the relationship between family provision

legislation, testamentary freedom and forced inheritance

History and role of family provision legislation

Eligibility to make an application

Commencement of proceedings

Maintenance, education and advancement in life

Interlocutory injunctions and interim orders

Types of orders

Evidence

Special and complex issues

Release of rights and compromise

Self-managed superannuation funds and family provision

Mediation and settlement of proceedings ASSESSMENT:Draft an application and affidavits for a family provision order and viva voce mediation exercise.


WEP4 FAMILY PROVISION

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This subject enables students to understand and apply the principles in relation to a range of issues which arise in contested and special grants. It covers the procedures and evidence required for a grant in solemn form, interim and limited grants, revocation of grants, informal and lost wills, assessment of testamentary capacity, the payment of debts and the passing of property. It also deals with costs and estate accounts and commission.

TOPICS INCLUDE: Caveats

Applications to impugn the essential validity of a will

Solemn form and common form grants; revocation of a grant

Interim and limited grants – substantive law

Interim and limited grants – procedure and drafting considerations

Lost wills

Informal wills

Statutory will applications – substantive law

Statutory will applications – procedure and preparation

Costs, commission and passing of accounts ASSESSMENT: Drafting exercise, including affidavits and viva voce examination.


WEP5 CONTESTED AND SPECIAL GRANTS

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This subject focuses on a series of advanced issues in wills and estates practice and administration, which are less often encountered in practice. It also provides students with the opportunity to provide client advice on these issues and draft the documentation required.

TOPICS INCLUDE: What is testamentary succession?

Testamentary contracts

Estoppel and will making

Testamentary trusts

Particular types of gifts

Particular types of beneficiaries

Insolvent estates

The forfeiture rule

Delegation of testamentary power

Wills and estates under foreign law ASSESSMENT:Advice, distribution plan and take home examination.

DATES: Semester 1

Elder Law is a unique area of practice growing in significance with the increased ageing of Australia’s population. It encompasses a wide range of legal issues which are relevant to an elder person from accommodation to social security. This subject introduces students to legal issues which may arise when advising older people and their carers. It also enables students to develop their skills in researching the benefits available to support the elderly.

TOPICS INCLUDE: Introduction to regulatory framework

Elder law disputes

Capacity

Delegation of authority

Discrimination

Accommodation

Carers

Financial issues

Liability issues

Elder law life and death ASSESSMENT: Drafting a letter of advice and a viva voce examination.

DATES: • Start Date: 11 July 2016• Census Date: 20 July 2016• Face-to-face workshop date: 4-6 August 2016• End Date: 26 August 2016

WEP6 ADVANCED ISSUES IN WILLS AND ESTATES

WEP7 ELDER LAW INTENSIVE




WEP1 Law and Practice of Wills

WEP2 Law and Practice of Estates

WEP3 Construing and Drafting Wills

TO RECEIVE A GRADUATE DIPLOMA OF APPLIED LAW (WILLS & ESTATES)


WEP4 Family Provision

WEP5 Contested and Special Grants

WEP6 Advanced Issues in Wills and Estates

WEP7 Elder Law

WEP8 Legal Aspects of Estate and Financial Planning

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ENROLMENT INFORMATION

LLM (APPLIED LAW) MASTER OF APPLIED LAW (FAMILY LAW) GRADUATE DIPLOMA OF APPLIED LAW SINGLE SUBJECTS

ENROLMENT DATEApplications should be received by the Monday before the semester starts. Late applications can be accepted but there may be a short delay providing access to the learning portal.

APPLICATIONS AND ENROLMENTSTo be admitted to any award program, please complete the enclosed Application for Enrolment Form and send it to the College with your payment along with certified copies of:

Academic transcript or graduation certificate (LLB, JD or Diploma in Law);

specialist accreditation certificate, Graduate Diploma of Legal Practice or other postgraduate qualification or academic transcript, if applying for credit or advanced standing; and

proof of name change (if applicable).

If you are enrolling in a single subject on a non-award basis, you are not required to submit this documentary evidence.

SUBJECT FEESThe 2016 subject fee is $2,790 (GST exempt). The College’s fees are reviewed annually and may be varied during your period of study.

PAYMENT OPTIONSFees must be paid in full for all subjects at the time of enrolment each semester. Payment may be made by cheque, EFT or credit card. Australian citizens and holders of permanent humanitarian visas may elect to defer their tuition fee payment through the Commonwealth Government’s FEE-HELP scheme. If you elect to pay with FEE-HELP, you must include a completed Request for FEE-HELP Assistance Form with your completed Application and Enrolment Form. The FEE-HELP information booklet and form are available from Client Services on 1300 506 402 or email: [email protected]

FEE-HELP is not available if you are studying a single subject on a non-award basis. For further details, please visit www.studyassist.gov.au

WITHDRAWALS, DEFERRALS AND REFUNDSIf you enrol and become aware of a circumstance which will prevent you from completing the semester, you may withdraw before the Census Date.

Notice of withdrawal in writing via the withdrawal request form must be received by the College on or prior to the Census Date. Refunds will not be made after the Census Date, other than in exceptional circumstances and at the College’s discretion. Where a refund is made a $200 administration charge per subject will apply. If you have applied for FEE-HELP assistance, you may withdraw from the Program on or prior to the Census Date without incurring a Commonwealth debt. The College will charge an administration fee of $200 per subject. After the Census Date, you become liable to repay the tuition fee via the tax system. (See the FEE-HELP information booklet or visit www.studyassist.gov.au).

SEMESTER 1: 7 MARCH 2016CENSUS DATE: 31 MARCH 2016SEMESTER 2: 8 AUGUST 2016CENSUS DATE: 1 SEPTEMBER 2016

Semester start dates:

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If you do not withdraw before the Census Date, you may apply to defer your studies, meaning that you will complete your studies in another semester. You will not receive a refund and if you have applied for FEE-HELP assistance you will incur a Commonwealth debt in the semester in which you originally enrol. However, you will not be required to pay an enrolment fee again when you return to study. If the subject fee has increased, you will need to pay the difference. Applications to defer must be received within two weeks of the Census Date.

APPLICATION CHECKLIST Certified hard copy of official academic transcript or

graduation certificate (LLB, JD, DipLaw)

Payment or FEE-HELP form

Application for Recognition of Prior Learning, if applying for advanced standing

Specialist accreditation certificate, Graduate Diploma of Legal Practice or any other postgraduate transcript or qualification, if applying for advanced standing

Proof of name change (if applicable)

If you have any further questions, please contact:

APPLIED LAW PROGRAMSPhone: 1300 506 402Email: [email protected]

Please send your completed Application and Enrolment Form and accompanying documentation to:

CLIENT SERVICESThe College of Law, Level 16, 111 Elizabeth StreetSydney NSW 2000 or DX 838 Sydney

Further Questions

How to enrol

Online Enrolment SystemComing soon

DOWNLOAD THE 2016 APPLICATION FORMS

Contact UsPlease contact our Client Services team to find out more. Phone:

From Australia:

1300 506 4028am - 5pm (AEST)

Website:collaw.edu.au/alp

Email: [email protected]

Find us onThe information provided in this handbook was correct at the time of publication - November 2015. Please check our website at www.collaw.edu.au/alp for the most up-to-date information.

2016 Postgrad Applied Laws Handbk

Documents

Transcript of 2016 Postgrad Applied Laws Handbk