Professional Law Program

Overview

The Faculty of Law has made units from the Master of Laws course available to members of the law profession for continuing professional development.

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

Where:

QUT Gardens Point.

You can find unit timetables via QUT Virtual.

When:

Semester 1 units

These units are offered between 25 February and 25 June 2013

Unit	Day and time
Consumer Protection and Product Liability (LWN051CPE)	Mondays 6 pm - 8 pm
Native Title - Indigenous Cultural Heritage (LWN095CPE)	Thursdays Noon - 2 pm
Intellectual Property Law (LWN099CPE)	Tuesdays 6 pm - 8 pm
Cyber Law and Policy (LWN117CPE)	Wednesdays 6 pm - 8 pm
Public International Law (LWN158CPE)	Thursdays 6 pm - 8 pm
Conceptual Issues in Medical Law (LWN194CPE)	Wednesdays 5 pm - 8 pm
Environmental Law and Practice (LWN196CPE)	Tuesdays 6 pm - 8 pm
Principles of Australian Contract Law (LWN301CPE)	Thursdays 6 pm - 8 pm

Semester 2 units

These units are offered between 22 July and 16 November 2013

Unit	Day
Restrictive Trade Practices Law (LWN050CPE)	TBA (to be advised)
Corporate Insolvency (LWN097CPE)	TBA
Contemporary Issues in Sentencing Law (LWN129CPE)	TBA
Conception, Birth and the Law (LWN149CPE)	TBA
Principles of Australian Contract Law (LWN301CPE)	TBA

Intensive units (2013)

The timetable of the units will be released 1 week before the start date.

 

Unit	Day
Banking and Finance Law (LWN022CPE)	2 - 5 April
Advanced Legal Research (LWN048CPE)	5, 6, 9, 13 March
Family Dispute Resolution Practitioner Skills (LWN206CPE)	20 - 24 March
Electronic Commerce Law (LWN125CPE)	11 - 15 March
Select Issues in Property Law (LWN151CPE)	3 - 7 June
Children's Health and the Law (LWN165CPE)	25 - 28 June
Family Dispute Resolution (LWN204CPE)	17 - 21 July
Advanced Legal Research (LWN048CPE)	6, 7 & 10 August; 21 September
Natural Resources Law (LWN061CPE)	23 - 27 September
Capacity, Guardianship and Administration (LWN163CPE)	26 - 27 September; 3 - 4 October
International & Comparative IP (LWN146CPE)	19 - 27 August
Law and Policy of the World Trade Organisation (LWN161CPE)	16 - 20 September
Health Care Law and Ethics (LWN164CPE)	10 - 11, 17 - 18 August
Special Topic on Commercial Law - Select Issues in Lending Transactions (LWN172CPE)	28 October - 1 November
Advocacy and Financial Disputes in Family Law (LWN198CPE)	21 - 25 October

Cost

2013 fees:

• $2,400 per unit - LWN204CPE and LWN206CPE.
• $2,040.00 per unit - all others.

This price includes GST.

Contact

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

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 (Semester 1)

Consumer Protection and Product Liability (LWN051 CPE)

The rationale for the unit Consumer Protection & Liability is to provide an overview of the Trade Practices Act.

Native Title - Indigenous Cultural Heritage (LWN095CPE)

Indigenous ownership and control of Indigenous knowledges, lands and cultural property are important Indigenous rights recognised in international law. In the Australian context the mainstream legal system has been challenged to effectively recognise Indigenous law. Native title, Indigenous cultural heritage and intellectual property laws have emerged and evolved in recent decades in an attempt to accommodate and give recognition to Indigenous rights and interests. In this unit we will critically examine the mainstream legal framework for the management, recognition and protection of Indigenous native title and cultural rights within comparative, international and Indigenous contexts. Knowledge of these key Indigenous legal issues is necessary for lawyers working in a variety of fields including native title and cultural heritage, intellectual property, environmental and resource law, and as government solicitors.

Intellectual Property Law (LWN099 CPE)

Intellectual property law is of fundamental importance to the knowledge economy, and provides the legal framework for managing the creation and transfer of intangible works. It has become a vital component of legal practice, but also has importance in the development of policy and practices internationally. This unit provides an overview of the key areas of intellectual property law, in order to be able to give you an awareness of the scope of the law, and some of the key issues affecting the operation of the law.

Cyber Law & Policy (LWN117 CPE)

This unit examines legal and policy 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'.

Public International Law (LWN158CPE)

Public international law is the foundational law which governs the rules operating as between states. It establishes, for instance, the contexts in which force may be used, how new states come into being, what environmental obligations states owe to one another, and the immunities states and their representatives may enjoy from prosecution. It is pursuant to international law that international courts and tribunals have been established to prosecute war criminals. Furthermore, doctrines of international law underpin arguments concerning the appropriate maritime boundaries between states or the competence of international forces to intervene in situations of humanitarian crisis or conflict. Not only is international law vital to understanding many high-profile world events, increasingly Australian law is being shaped by norms of international law such as international human rights law.

Knowledge of international law is of particular assistance to practitioners wishing to fashion creative arguments for use in Australian courts when dealing with international issues, as well as being of intrinsic interest to those interested in exploring the concept of laws operating beyond national boundaries. It will also be of particular use to those wishing to practise with a government agency or international agency.

Conceptual Issues in Medical Law (LWN194CPE)

Some of the debates at the forefront of contemporary issues in ethics and health law can be resolved by clarifying the fundamental concepts that are presupposed by participants in those debates. For example, some proponents of the legalisation of euthanasia claim that withholding and withdrawing medical treatment, which is already lawful, is no different from providing a lethal injection, and so is a form of euthanasia. Whether or not this claim is true depends on how euthanasia is defined, and so is a conceptual, rather than a moral, issue.

Similarly, some proponents of euthanasia claim that administering pain relief is a form of euthanasia if the relief is given in the knowledge that the relief will shorten the patient's life for, in such a case, shortening the patient's life must be intended. This claim depends on what is meant by 'intention'.

Does foreseeing a consequence amount to intending it? This is a conceptual question about the reach of the concept of intention. Again, some contemporary academics claim that the concept of the 'sanctity of life' is a religious concept that has no place in a secular world view.

Opponents of euthanasia, genetic engineering and stem cell research who profess to make secular objections should - so the argument runs - therefore stop appealing to this notion. This is a conceptual question about whether the concept of the 'sanctity of life' can be given any meaning independently of the religious context of its original use.

Finally, dilemmas about whether and, if so, how, embryonic stem cell research should be legalised turn on the moral status of the embryo. This is often said to hinge on whether the embryo is either (a) a human being or (b) a person.

What do these concepts mean, and how are they related to one-another? This unit explores these issues with a view to clarifying the central concepts involved in them - the concepts of euthanasia, intention, act, omission, sanctity of life, human being and person - in order to shed light on some of the substantive moral and legal questions at issue in current debates about law reform in the areas concerned.

Environmental Law and Practice (LWN196CPE)

Environmental law is a relatively new and innovative area of law. It has been created in response to growing concerns in our community regarding the need to protect our environment from excessive harm, whilst enabling industrial activities to continue to operate and contribute to our economy. Environmental law has emerged in recent years as a significant area of professional legal practice. This unit will introduce you to the key concepts of environmental law through analysis of a series of real world environmental law scenarios which will integrate your understanding of the law and legal system. This unit is designed for international students and domestic students who have no previous experience in Australian environmental law or practice. This unit will provide a strong foundation for more in-depth postgraduate study of particular aspects of environmental law.

Principles of Australian Contract Law (LWN301CPE)

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.

This unit has an applied focus and is suitable for people working outside the legal profession.

Internal units (Semester 2)

Restrictive Trade Practices (LWN050CPE)

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 conduct and access to essential services are contained in the Trade Practices Act 1974 (Cth)(the Act).

The rationale for the unit title Restrictive Trade Practice is to provide an overview of the anti-competitive practices which are proscribed by Part IV of the Act and the regime for regulating anti-competitive conduct in telecommunications in Part XIB of the Act, as well as the regimes for providing mandatory access to essential services in Parts IIIA and XIB of the Act.

The rules of competition have spread beyond privately owned business enterprises to embrace government business enterprises, so that a much wider range of people need to know what can and cannot be done in the market place.

Corporate Insolvency (LWN097CPE)

An appreciation of the principles of corporate insolvency law is fundamental to an understanding of corporate law and practice. There appear to be more cases dealing with insolvency in the context of corporations than any other area of corporate law, and issues relevant to insolvency are increasingly impacting upon other areas of corporate law, including corporate governance and corporate administration. Clearly the need to understand the possible consequences of insolvency of a company is an important part of modern commerce, and issues pertinent to corporate insolvency are of relevance not only to lawyers, but also to professionals in the accounting and financial fields. As the company is the most common form of business organisation, even in a broadly based legal practice there will be a need to understand the procedures and requirements when a corporation becomes insolvent.

The intricacies of corporate insolvency law justify a specialised treatment of this area of the law, and associated current developments. Most undergraduate study in general corporate law lacks a detailed study of the corporate insolvency processes.

Conception, Birth and the Law (LWN149CPE)

Some aspects of human reproduction raise complex legal and ethical considerations. Civil liability to a child can arise where that child is injured in utero or upon delivery. Liability to parents may also arise where a child is conceived as a result of a failed sterilization procedure or where a mother is injured during a negligent delivery. There have also been rapid developments in assisted reproductive technologies. One of the difficulties in this area is an absence of consistent regulation of the many controversial issues associated with such medical advances. These include the nature of any regulatory regime, access to treatment, rights of donors and children born as a result of these technologies, posthumous use of gametes and embryo research. The topics examined in this unit are becoming increasingly important both from the perspective of government regulation and for legal practitioners in the field of health law.

Education Law (LWN200CPE)

Australian education institutions operate in an increasingly regulated and litigious environment. Knowledge of relevant legislation and case law is important for education administrators as integral to risk management. Lawyers retained by education institutions may be required to advise on issues arising out of the obligations owed by an institution to its staff and students involving diverse areas of the law: contract, tort, statutory rights and duties. Education rights and responsibilities in similarly situated jurisdictions such as the United Kingdom, the United States and New Zealand do not always correlate with the rights and responsibilities operational in Australia and differences in approach illuminate the strengths and weaknesses of the Australian system.

Principles of Australian Contract Law (LWN301CPE)

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.

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.

Natural Resources Law (LWN061CPE)

Natural Resources Law and its related subject Environmental Legal System have become significant areas of professional legal practice over the last decade or so. There is increasing litigation in these areas and the law itself is subject to continual development and modification. 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 legal system have emerged as significant areas for research and publications. Although most law schools have an undergraduate course in environmental law, it is unusual to include natural resources law as an undergraduate course. Several law schools have introduced courses in the general area of natural resources law although the tendency is to focus on a particular resource such as minerals.

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 on the one hand and on the part of those seeking to expand their knowledge and understanding of these areas on the other hand. Although there are sound reasons to offer specialised courses in particular areas of natural resources at postgraduate level, there is considerable merit in making available a course at postgraduate level which deals in some detail with the range of natural resources and which, at the same time, complements the course in environmental law. Together these two courses create the framework within which further study is possible either by way of further courses or more focused research papers. There are several postgraduate units that complement Environmental Legal System and the Natural Resources Law unit is complemented by Energy Law.

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.

International & Comparative IP (LWN146CPE)

Intellectual property law is one of the underpinnings of the knowledge economy and the information society. Developed as a set of public policy measures essentially in the commercial domain, complementing the principles of competition law, IP law has evolved in ways that touch on interests as diverse as cultural exchanges, bioethics, indigenous rights, public health, biodiversity, education and protection of cultural identity. International developments, especially the progressive development of multilateral treaties for over a century and the recent negotiation of regional and bilateral trade deals, have increasing impact both on domestic policymaking and on the routine practice of IP law. The introduction of IP standards into international trade law has created powerful new institutions for ensuring compliance with treaty obligations but has also precipitated a new emphasis in international policy processes on promoting the social and developmental dimension of IP law and promoting a human rights reading of IP law. IP professionals and practitioners, policymakers and researchers all need a sound grasp of the institutions, legal principles, policy and practice, and current evolution of international IP law, which this unit will provide.

Select Issues in Property Law (LWN151CPE)

The principles and practice relating to transactions of real property are rapidly becoming more complex, the complexity being driven by continuing statutory intervention in what had been for many years traditionally settled relationships - those of principal and real estate agent, buyer and seller, commercial lessor and lessee and mortgagor and mortgagee. In recent times the courts are also redefining these relationships through the extension of the law, both statutory and otherwise relating to unconscionability, good faith and misleading conduct which have had a significant impact upon the behaviour of parties to all property dealings. The push for harmonious national property legislation is also gaining force in light of the move toward electronic property transactions and slow creep of environmentally sustainable development principles into a number of traditional relationships. Many policy instruments and recent innovative legislation implementing remain to be analysed by the courts or the legal academic community. It is, therefore, appropriate that these developments be subjected to analysis at a high level in the form of an advanced unit on real property with the issues forming contents being selected to take best account of these matters.

Law and Policy of the World Trade Organisation (LWN161CPE)

With the rapid acceleration in the pace of globalisation and a substantial broadening of the WTO's regulatory field since 1994, the World Trade Organisation (WTO) is the multilateral economic institution that is responsible for regulating a broad range of trans-border economic activities. WTO law and policy impacts on enterprises that engage in trans-border economic activities by regulating foreign market access/trade barriers, unfair international trade practices, international trade in services, intellectual property and trade related investment measures and international trade dispute resolution. The topics covered in this unit examine the fundamental economic and policy issues underlying the regulatory frameworks of the major WTO Agreements and sub-Agreements as well as the substantive and procedural rules developed and administered by the WTO. Knowledge of WTO law and policy is critical for international trade practitioners as the primary source of international trade rights, obligations and dispute settlement procedures.

Capacity, Guardianship and Administration (LWN163CPE)

Decisions about guardianship and administration are part of the legal and social fabric of our society. The Guardianship and Administration Tribunal is a high volume tribunal, and its workload is expected to increase exponentially as our population ages. Despite the fact that decisions about guardianship and administration are being made every day, this area of law raises difficult legal and ethical issues. Because a decision is being made on behalf of an adult with impaired decision-making capacity, there are issues as to who should make these decisions and how they should be made. The complexity of these decisions has at times resulted in entrenched conflict and has needed judicial resolution. The topics examined in this unit are important from the perspective of government regulation, for those making these decisions for adults with impaired capacity (including relatives and those in statutory positions), and for legal practitioners in fields such as health law and succession.

Health Care Law and Ethics (LWN164CPE)

The relationship between law and ethics in healthcare is important as health knowledge and interventions and our understandings of the respective roles, responsibilities and rights of health professionals, health organisations, patients and the state, amongst others, continue to rapidly develop and evolve. This unit explores the relationship between law and ethics to lay the foundations of an understanding of both law and ethics as they relate to healthcare.

Children's Health and the Law (LWN165CPE)

This unit introduces you to selected legal issues concerning the health of children in Australia. These issues are new and emerging, and they present legal, theoretical and practical questions that have implications for legal, health and educational systems. As well, they pose new challenges for legal practitioners, policymakers and scholars. Studying this unit at postgraduate level provides opportunities and challenges that exceed undergraduate study. You will be exposed to a number of contemporary issues affecting children and their health. You will have the opportunity to consider, from interdisciplinary perspectives, legal problems regarding children's health that face legal, health and other social systems. You will be required to identify an important issue in Australian law relating to children and health, and to conduct legal research, analysis (which can be interdisciplinary) and writing to critically evaluate the situation.

Special Topic in Commercial Law - Select Issues in Lending Transactions (LWN172CPE)

A typical lending transaction may raise a number of issues. Where security is provided for the loan, the concept of security raises complex issues of identification, protection, priority and enforcement. The nature of a lending transaction and any associated security is further complicated by recent developments in both statute and case law. Topical issues of relevance for both borrowers and lenders alike have followed these developments. Given the current economic climate and the increasing number of defaults arising from lending transactions, there is an increasing demand for expertise in the legal issues that may arise from such transactions to be studied at postgraduate level by members of the legal profession in both private and public sector legal practice.

Advocacy and Financial Disputes in Family Law (LWN198CPE)

In the last 10 years, a number of significant reforms have been undertaken that directly impact on financial settlements. These include introduction of Binding Financial Agreements, Superannuation splitting and orders as against third parties.

In this same context, the rules and practices of Family Law Courts have been completely re-written, with the introduction of the Federal Magistrates Court and updated Family Law Rules. The complexity and volume of applications, together with lack of resources often results in limited time being available to present cases.

In order to be a successful practitioner in Family Law a current understanding of the relevant law and procedures is essential.Practitioners also need high level advocacy skills both to assist the Court and the client to enable a timely resolution of disputes.

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 a 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.

This unit can either be completed as part of your postgraduate study with the QUT Law Faculty, as a visiting student 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 and will partially satisfy the necessary requirements to be a nationally accredited mediator with the Australian Mediation Association.

LWN204 Family Dispute Resolution and LWN206 Family Dispute Resolution Practitioner Skills can be completed in any order. Once completed, the units allow family law professionals to complete the academic requirements for FDRP accreditation and the training and education requirements for national mediator accreditation.

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

Family Dispute Resolution Practitioner Skills (LWN206CPE)

In parenting cases parents are generally required to attend family dispute resolution (FDR) and to obtain an FDR certificate, before filing a court application. In financial cases, parties are required to attempt negotiation or mediation before filing a court application. There is growing demand for family law professionals who are accredited family dispute resolution practitioners (FDRPs) to assist parties with the resolution of disputes.

LWN204 Family Dispute Resolution and LWN206 Family Dispute Resolution Practitioner Skills can be completed in any order. Once completed, the units allow family law professionals to complete the academic requirements for FDRP accreditation and the training and education requirements for national mediator accreditation.

This unit can either be completed as part of your postgraduate study with the QUT Law Faculty, as a visiting student or as a short course. Successful completion of this unit or short course will complete the necessary academic requirements to become an accredited FDRP with the Commonwealth Attorney-General's Department and complete the training and education requirements to be nationally accredited with the Australian Mediation Association (provided that you have completed LWN204 Family Dispute Resolution prior to enrolling in this unit).

Completion of both LWN204 Family Dispute Resolution and LWN206 Family Dispute Resolution Practitioner Skills as masters units or short courses is equivalent to completion of 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

Register

Register now

Before you register, contact the Faculty of Law - Continuing Professional Education enquiries to check the availability of places.

When you register for the course, you will create an account with us.  You'll need to pay your fees online by credit or debit card.

You will be able to access your account, including your invoice, using your email address and password. 

FEE-HELP and HECS are not available for Continuing Professional Education courses.

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 partial refund, ie: full amount minus a non-refundable $100 registration fee.  No registration refunds will be made after this time.

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.