Overview
Registration closes one week before each unit commences.
These units are offered either in intensive mode, e.g., four to five days full-time over two weekends or one week; or internal mode for two hours a week, from 6 - 8 pm over 13 weeks. Who should participate
Members of the law profession, and experienced professionals from other discipline areas with a special interest in the field.
- Delivery
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Where:
QUT Gardens Point.
You can find unit timetables via QUT Virtual.
When:Semester 1 units
These units run between 27 February and 26 June.
Unit Day and Time Consumer Protection and Product Liability (LWN051CPE) Mondays 6 pm - 8 pm Intellectual Property Law (LWN099CPE) Tuesdays 6 pm - 8 pm Constitutional Law & State Power (LWN186CPE) Tuesdays 6 pm - 8 pm Principles of Australian Contract Law (LWN301CPE) Tuesdays 6 pm - 8 pm Advanced Insurance Law 1 (LWN127CPE) Wednesdays 6 pm - 8 pm Cyber Law & Policy (LWN117CPE) Thursdays 6 pm - 8 pm Conceptual Issues in Medical Law (LWN194CPE) Thursdays 6 pm - 8 pm Semester 2 units
These units run between 23 July and 17 November.
Unit Day and Time Restrictive Trade Practices (LWN050CPE) Will be announced Construction & Engineering Law (LWN065CPE) Will be announced Estate Planning (LWN083CPE) Will be announced Open Licensing: New Models for Intellectual Property (LWN180CPE)
Will be announced Elder Law (LWN195CPE) Will be announced Australian & Comparative Human Rights (LWN199CPE) Will be announced Privacy Law (LWN139CPE) Will be announced Energy Law (LWN094CPE) Will be announced Intensive units
Unit Date Advanced Legal Research (LWN048CPE) Monday 5 - Tuesday 6 March, Saturday 10 March, Saturday 31 March Environmental Legal Systems (LWN060CPE) Monday 19 - Friday 23 March Electronic Litigation (LWN159CPE) Saturday 24 - Sunday 25 March, and Saturday 30 to Sunday 1 April Electronic Commerce Law (LWN125CPE) Monday 26 - Thursday 29 March Qld State Lands: Law & Practice (LWN131CPE) Monday 2 April - Thursday 5 April Cross Border Insolvency (LWN205CPE) Monday 14 - Friday 18th May Coastal & Marine Law (LWN173CPE) Saturday 19 May 10am-5pm, Fri 1 June 12noon-7pm
Sat 2 June 10am-5pm, Sun 3 June 10am-3pmCommercial Leases (LWN122CPE) Monday 4 - Friday 8 June Consent to Treatment and Clinical Negligence (LWN166CPE) Monday 28 May - Friday 1 June Mediation (LWN030CPE) Tuesday 26 - Friday 29 June Advanced Legal Research (LWN048CPE) Mon 30 - Tues 31 July, Sat 4 Aug, Sat 25 Aug International Commercial Transactions (LWN075) Mon 21-Thurs 24 August Public Law and Government Commercial Activity (LWN111CPE) Mon 13 - Tue 15 August, Thurs 16 Aug, Mon 20 - Thurs 23 August (4 hour classes) International & Comparative Intellectual Property Law (LWN146CPE) Will be announced Health Care Law and Ethics (LWN164CPE) Sat 4 - Sun 5, Sat 11 - Sun 12 August Death Decisions and the Law (LWN150CPE) Thurs 6 and Fri 7 Sept, Thurs 13 and Fri 14 Sept Family Dispute Resolution (LWN204CPE) Thurs 20 - Sun 23 Sept Space Law (LWN189CPE) Mon 5 - Fri 9 November Construction & Enforcement of Commercial Contracts (LWN203CPE) Mon 29 October - Fri 2 November - Cost
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$2,040.00 per person, per unit.
This price includes GST.
- Contact
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For further information about course content or assessment, please contact the Faculty of Law - Continuing Professional Education enquiries.
For registration or payments queries, please contact the course manager at the Office of Continuing Professional Education.
Details
Registration closes one week before each unit commences.
Attendance
Participants registered to take a unit as CPD must attend all classes.
Resources
Participants will receive all course notes as well as access to online teaching facilities, the QUT Library and Clayton Utz Law Library.
Assessment
There is no assessment component for CPD participants.
CPD point entitlement
You may be eligible for 1 CPD point per hour of attendance.
Internal units
Consumer Protection and Product Liability (LWN051CPE)
This unit is divided into two main parts. The first part considers the statutory and common law actions that are available to protect consumers from misleading or deceptive conduct and unfair marketing practices. Emphasis is given to the role played by the Trade Practices Act in relation to conveyancing and land transactions, financial services and advertising. Unconscionable conduct is also considered. The second part of the unit is concerned with statutory and common law actions available when loss or damage is suffered as a result of defective products. Remedies and defences are considered throughout the course.
Energy Law (LWN094CPE)
The management of natural resources and the conservation of the environment have become significant areas of professional legal practice over the last decade or so. One of the particular areas of natural resources law for these purposes is energy law. Energy law is the law relating to the ownership, use, development and control of those natural resources which are used to produce energy for the benefit of the community. These branches of the law are increasingly becoming areas of specialisation for a number of firms of solicitors and they are emerging as significant areas for research and publication.
Natural resources law and environmental law, and hence energy law, are particularly appropriate for postgraduate study. They are not discrete areas of the law like criminal law or administrative law. They are a composite of the legal system as a whole in the sense that they rely upon the principles, rules and approaches of each and every substantive branch of the legal system including international law, constitutional law, administrative law, property law, criminal law and the law of obligations. There are in addition substantial financing and taxation implications. International law is playing an increasingly important role in energy law and the relationship between national and international systems is critical.
Privacy Law (LWN139CPE)
This unit covers an introduction to the concept of privacy: including both the historical development of privacy rights and the operation and implication of state and federal legislation and international obligations; detailed consideration of the Commonwealth private sector regime; consideration of the impact of privacy law on specific fields of practice such as health, employment, not-for-profit and banking/finance/insurance; issues relating to the Internet; compliance and code development; international regimes.
Intellectual Property Law (LWN099CPE)
This unit includes a study of the concept of Intellectual Property and the principles and policies of intellectual property law. Topics covered include copyright, designs, patents, innovation patents, trade marks, passing off, and breach of confidence.
Constitutional Law & State Power (LWN186CPE)
In Australian law courses, Constitutional Law units often focus on the extent of Commonwealth legislative powers, refer to the powers of the State Parliaments as 'plenary and ample', and treat the impact of constitutional law on the States as something of an afterthought. However, the Commonwealth Constitution has always imposed significant limits on State power and recent developments in constitutional interpretation have tightened these limits. There is an increasing need for those who advise the State government, or those who may litigate against it, to engage in a systematic and critical study of the effect of constitutional doctrines, mainly emanating from the Commonwealth Constitution, on State governments.
Principles of Australian Contract Law (LWN301CCPE)
Although grounded in principles of English common law, Australian contract law has, like many other areas of Australian law, developed a distinctly Australian slant, particularly in the last 20 years. These emerging principles, as well as the more fundamental contract law concepts, will be explored in this unit. Where appropriate, we will be concentrating on the legal principles applicable in Queensland.
Advanced Insurance Law 1 (LWN127CPE)
Insurance is of vital importance to business, industry and to all individuals in the community. The insurance industry's vital role is evident from the significant place that insurance law has achieved on the legislative programs of governments in Australia and abroad. Accordingly an understanding of the law and practice of insurance law is essential for a wide variety of social, economic, commercial and personal purposes.
Cyber Law & Policy (LWN117CPE)
This unit examines legal issues relating to the Internet. The unit will consider the application of existing legal principles to "cyberspace" as well as newly developed Internet Law or Cyberlaw principles. Knowledge of Internet Law is of increasing importance in many areas of legal practice, industry and to society more generally. This is a new area of activity and it is important to educate lawyers and other professionals on the unique issues that have arisen and will emerge in this area, in particular the difficulty in regulating the distributed international network of computers known as the "internet".
Conceptual Issues in Medical Law (LWN194CPE)
The aim of the unit is to develop an understanding of the major conceptual issues underpinning contemporary debates and proposals for law reform in the following main areas of health law:
- Withholding and withdrawing medical treatment and euthanasia;
- Embryonic stem cell research; and
- Genetic engineering.
We then aim to develop an understanding of the role such a clarification can play in contributing to, and resolving, some of the more intractable issues in the debates.
Intensive units
Advanced Legal Research (LWN048CPE)
Legal Research at an advanced level is a fundamental part of postgraduate legal study both for coursework and more particularly thesis and dissertation purposes. Exposure to a structured course on the nature, aims and techniques of legal and other research is essential to a proper foundation in postgraduate research skills at an advanced level. Advanced Legal Research is also highly recommended for those students who have completed their undergraduate degree in a jurisdiction other than Australia.
Environmental Legal Systems (LWN060CPE)
Environmental law and its related unit Natural Resources Law have become significant areas of professional legal practice over the last decade or so. A number of firms of solicitors have set up units in their practices specialising in these areas. At the same time, these branches of the law have emerged as significant areas for research and publication. Most law schools have undergraduate courses in environmental law and several have introduced postgraduate courses in these areas. There is a growing demand for courses in these areas at postgraduate level on the part of those wishing to study the subject for the first time and also on the part of those seeking to expand their existing knowledge and understanding of these areas. This unit complements the unit in Natural Resources Law. Together these two courses create the framework within which further study is possible either by way of further units or more focused research papers.
Electronic Litigation (LWN159CPE)
With the proliferation of electronic files being created and distributed by corporations around the globe today, it is no surprise that the discovery process during a document-heavy litigation is becoming more and more onerous. Tools to effectively manage this electronic information are used by many of the larger law firms and will soon be part of every legal practice, in much the same way as the word processor is a necessity in any new millennium practice. Moreover, courts are now taking the initiative to encourage the use of information technology in civil litigation. Knowledge of the issues that surround electronic documents and the use of information technology to better manage discovery and trial processes is imperative, and such issues are examined in this unit - Electronic Litigation.
Electronic Commerce Law (LWN125CPE)
It is vital for any participant in the digital age to gain a thorough knowledge of how the information economy is regulated for the benefit of individuals, corporations and the State, nationally and internationally. In order to be able to participate as a lawyer or other professional in this new environment it is important to have an understanding of the laws relating to privacy, e-security, consumer regulation, electronic payment and taxation systems, electronic contracts, and Public Key Infrastructure.
Queensland State Lands: Law & Practice (LWN131CPE)
As the unit examines a unique system of land tenures and dealings which is not studied in any great depth at undergraduate level, the focus of the unit is on: the current legislative scheme and current policies relating to non-freehold land in Queensland; contemporary issues within the context of the prevailing legislative and policy frameworks; and the development of generic skills including research skills and critical evaluation skills that may be applied in other areas of study.
Coastal & Marine Law (LWN173CPE)
On completion of this unit you should be able to:
- demonstrate knowledge of the applicable international law which supports Australia's laws in the offshore area
- understand the Offshore Constitutional Settlement and its historical context
- understand the differing legal regimes applicable to ports, shipping, fisheries, native title rights, natural resources and marine parks
- apply knowledge gained to practical issues across sectoral uses including shipping, ports, fisheries, marine parks, native title rights and maritime enforcement
- obtain a working knowledge of the complexities of coastal and marine management in the context of the Australian constitutional arrangements and be able to apply that knowledge to varying scenarios.
More information about the Coastal & Marine Law unit
Family Dispute Resolution (LWN204CPE)
In Australian family law, litigation is an option of last resort and parties are required to attempt resolution of their disputes before filing applications in courts, unless their case falls within the exceptions, such as where there are issues of family violence or urgency. In parenting disputes there are now compulsory pre-filing dispute resolution requirements.
It is essential that professionals working in family law have a knowledge and understanding of the family dispute resolution system. Future family dispute resolution practitioners (FDRPs) require knowledge and understanding of the family dispute resolution (FDR) process, communication skills and an understanding of how to effectively facilitate family dispute resolution (FDR). They also need to understand the legislative obligations of FDRPs, including the obligations to facilitate FDR in an impartial manner and to adhere to ethical standards.
This unit can either be completed as part of your postgraduate study with the QUT Law Faculty or as a short course. Successful completion of the unit or short course will partially satisfy the necessary requirements to become an accredited FDRP with the Commonwealth Attorney-General's Department. This unit or short course includes completion of content partially equivalent to the following modules from the Vocational Graduate Diploma of Family Dispute Resolution (CHC80207):
- CHCFAM505A - Operate in a family law environment
- CHCDISP801A - Facilitate dispute resolution in the family law context
- CHCDISP802A - Implement family dispute resolution strategies
- CHCDISP803A - Facilitate family dispute resolution in an impartial manner and adhere to ethical standards
- CHCD1SP804B - Create an environment that supports the safety of vulnerable parties in dispute resolution
- CHCVFV8111B - Respond to domestic and family violence in family law work.
To complete the academic requirements for accreditation, students will then need to complete a further short course run by the QUT Law School, Family Dispute Resolution Practitioner Skills. The final requirement to become an accredited FDRP of 10 hours of supervised practise is not provided by QUT and must be completed independently by each participant.
Cross Border Insolvency (LWN205CPE)
Comparative and Cross-Border Insolvency will allow students to survey at an advanced level the sources, components and policies underlying the law of international insolvency. The course will proceed in two stages. In the first stage, the class will examine the types of bankruptcy systems in place in the developed and developing world. Through study of priorities granted and reorganization provisions adopted, the course will attempt to give the student an overview of the complexity and problems facing the reorganization of large companies across borders.
In the second stage, the course will focus on the UNCITRAL Model Law on Cross-Border Insolvency and its implementation in statutory provisions in Australia, the United States, and certain other countries. In addition, the course will examine the European Union Regulation on International Insolvency Law and its application in cases arising in the European Union. This will provide a basis for comparative studies of the efficacy of various models of cooperation and provide a platform for studying the role of lawyers and creative solutions in the preservation and distribution of value.
Given the current economic climate and the resulting insolvency cases for numerous corporations and corporate groups with operations in numerous countries (e.g., Lehman Bros., Nortel, General Motors, among others), there is an increasing demand for expertise in the law of international insolvency to be studied at postgraduate level by members of the legal profession in both private and public sector legal practice.
The focus will be primarily on commercial and corporate insolvencies. Little, if any, time will be spent on consumer and individual insolvencies.
Commercial Leases (LWN122CPE)
With the exponential rise in the numbers of commercial premises such as office blocks, shopping centres and industrial factories in the past decade or so, the study of commercial leases for the legal practitioners has assumed a great importance. Statute law in the form of the Trade Practices Act 1974 and the Retail Shop Leases Act 1994 have also impacted siginficantly upon commercial leasing practices. Whilst there is no one form of standard commercial lease, certain generic clauses have emerged and there now exists a substantial body of law in Australia relating to the theory underlying and practice of the law of commercial leases. This unit endeavours to explain the theoretical basis for the use of certain basic covenants at the same time taking full account of the practical operation of commercial leases in Australia.
Consent to Treatment and Clinical Negligence (LWN166CPE)
Health law is an important and growing area of legal practice and attracts much attention from academic, social and political commentators across a range of disciplines.
A detailed knowledge and understanding of the law relating to consent to treatment is a core legal issue in health law. This area involves the consideration of complex legal, ethical and policy considerations. In recent times, decisions of the High Court of Australia and courts in other jurisdictions have emphasised the importance of the rights of patients to make decisions for themselves in relation to medical treatment where they are competent to do so and absent special circumstances.
Mediation (LWN030CPE)
The ADR movement has developed at a rapid pace in Australia and internationally with mediation being incorporated into the practices of most courts and tribunals as well as at the private level. This unit examines the theory and skills of mediation. The aim of this unit is to provide a coherent knowledge and understanding of mediation theory as well as developing mediation skills relevant to ongoing learning and professional practice.
Restrictive Trade Practices (LWN050)
All countries that rely on markets and competition to allocate resources and satisfy the needs of consumers have a set of rules designed to deal with problems of market failure caused by one or more firms possessing market power. Such firms are able to undermine the competitive process by engaging in anti-competitive behaviour. This unit considers this Law.
Construction & Engineering Law (LWN065)
Preparation of construction and engineering contracts has now become a distinct area of legal practice with many firms having established sections which specialise in this area. A sound knowledge of the standard forms used in the industries and the special principles of law applicable to this area is essential for those wishing to practise in the area. This unit provides the knowledge sought by current and future practitioners and those considering embarking upon research in this area.
Estate Planning (LWN083)
In recent years there has been a renewed interest in all aspects of estate planning. During the period when death duties were imposed at both the State and Federal levels, professional interest in this area was high as the public perceived its need for expert professional advice, particularly as it related to the structuring of a person's affairs to minimise the impost of these duties.
The emergence of capital gains tax and the realisation of its growing significance, together with a recent emphasis generally on financial planning has again brought this area to prominence. At a time when the legal profession is looking for new areas at work, there is also evidence that lawyers see this area as one which has been largely neglected. This unit seeks to conceptualise a framework in which the issues which arise in estate planning can usefully be considered.
Open Licensing: New Models for Intellectual Property (LWN180)
The Internet and associated digital technologies provide us with an enormous potential to access and build information and knowledge networks. Information and knowledge can be communicated in an instant across the globe, cheaply and with good quality, by even the most basic Internet user. However intellectual property law, which takes its definition from international conventions and is similar in most countries, places significant restrictions on people's ability to take full advantage of this revolution. While the technology has the capacity, the legal restrictions on the reuse of copyright and other intellectual property materials materially hamper its negotiability in the digital environment.
Frustrated by the gap between technological possibility and legal practicality, leading internet philosophers such as Lawrence Lessig, Richard Stallman and Jimmy Wales have sought to establish better systems for negotiating intellectual property rights online, creating greater flexibility for users whilst still respecting the rights of authors. The open access movement that has grown from the work of these and other pioneers has a vision of a space in the Internet world where people could share and reuse intellectual property without fear of being sued, to the benefit of users, creators and society as a whole. As this movement is having a growing impact on the practice of intellectual property law in the public and private sectors, it is important to have an understanding of the open access movement and open licensing.
Australian & Comparative Human Rights (LWN199)
Defending citizens against abuses of their human rights is one of the most widely admired functions of lawyers. Yet traditionally human rights law has not been taught as a separate topic; rather students have been expected to gain knowledge and ideas from units in constitutional law, criminal law, and other areas. Nor have there been any comprehensive statutory codes of human rights in Australia until recently. With the enactment of the Human Rights Act 2004 in the Australian Capital Territory and the Charter of Human Rights and Responsibilities Act 2006 in Victoria, consideration of similar laws by other State governments, and the closer attention paid to notions of human rights in the decisions of the High Court, it is now appropriate to study the law of human rights in a more integrated way.
The demand for persons with expertise in the application of human rights in Australian law, in areas of both legal practice and policy analysis, is growing and will continue to grow. The unit is of particular value for students with interest in further study in the fields of public law or international and comparative law.
International Commercial Transactions (LWN075)
This unit on international trade law addresses the formation and operation of commercial transactions of an international nature. An understanding of the law and practice regarding international commercial transactions is a basic prerequisite for the development of Australian export activity, such activity being generally recognised as crucial to Australia's economic well-being. The importance of international trade law as a subject of legal study is attested to by the ever increasing number of courses offered on it at the postgraduate level in Australian Law Schools.
Public Law and Government Commercial Activity (LWN111)
The purpose of this unit is to examine and understand the role of public law in relation to contemporary government practices including commercialisation, outsourcing and corporatisation. These practices mean that is often difficult to identify an exercise of public power or an area of public responsibility for the purposes of determining the reach of public law remedies - that is, remedies relating to the control and accountability of government and public bodies and officials, mostly under the realm of administrative law (including judicial review, tribunal and ombudsman review and freedom of information.)
A notable feature of modern government is the extent to which it has shifted responsibility to the private sector for many of the functions which were traditionally the sole domain of the public sector. Governments have increasingly contracted out ('outsourced') the delivery of services (many of them 'core' government services, once regarded as 'public utilities', such as gas, water etc).
At the same time, governments have also re-structured existing units of public administration along the lines of private sector corporations ('corporatisation') - establishing, for instance, government business enterprises. These 'corporatised' government entities enjoy a far greater degree of autonomy from central executive control than 'conventional' statutory authorities. Finally, in what can be viewed as the 'end game' in this process, governments have engaged in 'privatisation' by selling off to the private sector both the infrastructure and entitlements associated with a function previously performed by government.
These changes represent a radical departure from the traditional way in which governments have operated and it is therefore important to understand the driving forces behind them, which, for the most part, lie in the pursuit of economic efficiency goals and the implementation of national competition policy.
Conformity by government with national competition policy also allows the private sector to operate in areas previously the monopoly of government. This means that where a private sector provider begins to offer a service in competition with an existing government provider, it is often necessary to establish a new regulatory framework which is 'at arms length' from the government provider. Regulatory reforms over the last decade in relation to the Australian telecommunications industry is one example.
International & Comparative Intellectual Property Law (LWN146)
The unit provides you with an introduction to international intellectual property and policy issues and their connection with the European Union (EU) efforts to create an internal market with a level playing field for the protection of intellectual property. The unit also considers diverging perspectives on topics ranging from the protection of traditional knowledge and folklore to high technology.
Health Care Law and Ethics (LWN164)
The relationship between law and ethics in healthcare is important, but at times contested. This unit explores that relationship to lay the foundations of an understanding of law and ethics as they relate to healthcare.
Death Decisions and the Law (LWN150)
As a person nears the end of their life, their medical treatment and other care raises complex medical, legal and ethical decisions. Choices about whether particular treatment should be provided or refused may have to be made, and this is complicated by the fact that many people may not have the competence at this stage in their life to be able to make these decisions. Although a competent adult may refuse treatment, another choice demanded by some is the right to end their own life and to be assisted by others to achieve this.
These choices are difficult because of the competing and sometimes conflicting considerations involved. Self determination is an important value in our society, but so is human life, and these values are sometimes further influenced by emotional and economic considerations. The topics examined in this unit are becoming increasingly important from the perspective of government regulation, for those making these end-of-life decisions (including relatives and those in statutory positions), and for legal practitioners in the field of health law.
Space Law (LWN189)
Space Law represents an increasingly important area of International Law and impacts on a wide range of Governmental and private commercial activities. Last year was the fortieth anniversary of the first human lunar landing and, as such, represents a milestone in the use and exploration of outer space. In the short period since then, the rapid development of technology has meant that space has been used (and utilised) for a myriad of diverse purposes. Many activities in space affect everyday life - including telecommunications, direct satellite broadcasts, weather forecasting, agricultural planning, mapping, remote sensing, spying and other military activities, exploration and scientific experimentation. The use of space represents a multi-billion dollar industry.
It is therefore necessary to understand the evolution, legal framework and organisational structures of this area of law, to comprehend the legal context in which this diverse range of activities take place and to understand and examine the various legal 'vacuums' that have arisen.
Construction & Enforcement of Commercial Contracts (LWN203)
A comprehensive understanding of the principles of contract law and how they are applied in a commercial context is essential to practice as a lawyer in any field. This unit will give you an opportunity to undertake further study of contract law at an advanced level and enhance your knowledge of contract interpretation and enforcement in the context of commercial contracts. The unit forms part of the Commercial Law specialist stream of the LLM.
Register
Registration closes one week before each unit commences.
Before you register, contact the Faculty of Law - Continuing Professional Education enquiries to check the availability of places.
When you register, we'll automatically email you an invoice. You can pay for your place in the program by credit card when you register, or by cheque, EFT/direct debit or credit card once you've received your invoice.
Cancellation
To cancel your registration, you must apply in writing to the Course Manager at the Office of Continuing Professional Education.
If you cancel 10 business days before the course commences, you will receive a full refund, minus a non-refundable $100 registration fee.
If you have not paid for your course, we will still invoice you for the $100 registration fee.
No registration refunds will be made within 10 business days of the course starting.
We reserve the right to cancel the course under certain circumstances, such as low registration numbers. If this happens, we will advise you as soon as possible, and give you a full refund. We are not responsible for any expenses you may have incurred if the course is cancelled.
