1997 QUT Handbook

Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN020 NON-RESIDENT & FOREIGN SOURCE
TAXATION
Questions relating to residence, source, transfer pricing and
the legislation relating to Controlled Foreign Entities; the effect
of Double Tax Treaties.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN021 BANKING & FINANCE LAW 1
Topics include: overview of the legal framework of the Australian
banking and finance industry; ‘money’ and ‘legal tender’;
foreign exchange transactions; banker and customer and
incidents of that relationship; bank accounts and dealings in
relation to such accounts; bills of exchange, promissory notes
and cheques; collecting bank and paying bank; the clearing
system.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN022 BANKING & FINANCE LAW 2
Topics include: banking instruments including documentary
and standby credits, performance bonds and bank guarantees;
electronic banking; the role of bankers as financiers and specific
financing methods such as bill line facilities and foreign
currency loans; securities for finance including company securities;
default and insolvency and its impact on bankers.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN024 SELECT PROBLEMS OF TRIBUNALS &
ENQUIRIES
Investigation of problems that occur in the law relating to the
activities of tribunals and enquiries; concentrates on Royal
Commissions and related forms of enquiries, as well as statutory
tribunals exercising quasi-judicial functions. Topics include:
the power to require information; the privilege against self-incrimination;
Crown privilege and duties of secrecy; do the rules
of procedural fairness apply?; can an enquiry commit a contempt
of court?; enquiries and the rules of parliamentary privilege;
the power of the courts to review the activities of enquiries;
enquiries that investigate a mixture of federal and state
matters; the laws of privacy and confidentiality. Legislative attempts
to oust judicial review of inquiries and tribunals.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN025 RESEARCH PROJECT 1A
A supervised research project over one semester approved by
the Postgraduate Studies Committee. Students may undertake
up to 48 credit points of Research Projects only with the approval
of the Director of Postgraduate Studies.
Courses: LW50, LW51 Credit Points: 12
■ LWN026 RESEARCH PROJECT 2A
A supervised research project over the whole year approved
by the Postgraduate Studies Committee. Students may undertake
up to 48 credit points of Research Projects only with the
approval of the Director of Postgraduate Studies.
Courses: LW50, LW51 Credit Points: 24
■ LWN028 ADVANCED SECURITIES
Competing claims to fixtures on land; the nature of a charge
and a mortgage; security over back accounts; the mortgagee’s
power of sale; guarantees and indemnities; fixed and floating
securities; some problems arising from receiverships and
mortgagees in possession; securities and the Trade Practices
Act; bank guarantees and unconditional performance bonds;
romalpa clauses; co-ownership and security interests; negative
pledges; securities over future property; the nature of various
security interests; and the giving of formal opinions in
relation to security documentation.
Courses: LW50, LW51 Credit Points: 12
■ LWN030 DISPUTE RESOLUTION/MEDIATION
A study of mediation looking at both the theory and practice.
Students are expected to be involved in a number of class work-
shops to learn mediation skills; therefore an attendance rate of
80 per cent (i.e. 11 out of 14 classes) is necessary to gain a
mark in the unit. Issues include: mediation in Australia; theories
of mediators; different forms of mediation, i.e. neighbourhood,
family, commercial; the advantages and disadvantages
of mediation; power imbalance; when mediation is not appropriate;
ethical and professional issues relating to mediation.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN031 FOREIGN INVESTMENT LAW &
PRACTICE
The law and policy regime for Australian foreign investment
at Commonwealth and state levels; theoretical and practical
aspects of foreign investment regulation; workshops and seminars
covering Commonwealth and state legislation, situations
commonly arising in practice, and topics related to foreign
investment (e.g. native title, government contracts, etc.).
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN032 CREDIT FOR UQ SUBJECT 1
Under the course rules, a coursework student may, with the
prior approval in writing of the Deans of the Faculties of Law
of QUT and of the University of Queensland, undertake any
combination of whole year and one semester units offered in
the LLM degree by Coursework at the University of Queensland
which are equivalent to no more than 48 credit points.
This unit code represents a one-semester unit taken pursuant
to that course rule at the University of Queensland.
Courses: LW50, LW51 Credit Points: 12
■ LWN033 CREDIT FOR UQ SUBJECT 2
See LWN032.
Courses: LW50, LW51 Credit Points: 12
■ LWN034 CREDIT FOR UQ SUBJECT 3
See LWN032.
Courses: LW50, LW51 Credit Points: 24
■ LWN035 MEDICO-LEGAL ISSUES
The Constitutional framework supporting the regulation of
health care; the relationship between the individual and the
health-care provider in terms of consent to treatment and negligence;
the impact of the criminal law, abortion, removal from
life support systems; medical records and expert evidence;
ownership and confidentiality of records; the role of the coroner;
complaints against health-care workers.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN036 SELECT ISSUES IN INTELLECTUAL
PROPERTY LAW
The application of intellectual property law to common commercial
arrangements; develops an awareness of emerging
issues in intellectual property including application to computers,
performers’ rights and moral rights; examines the remedies,
procedures and processes in this field.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN037 STAMP DUTY & COMMERCIAL
TRANSACTIONS
Whilst stamp duty remains a tax on instruments, amendments
to the Stamp Act have had the result that it is essentially a
transactional impost. On completion, students have a sound
understanding of the scope of the Act and of the circumstances
in which commercial transactions attract a liability to duty.
Topics include: territorial nexus; stamp duty administration;
transactions concerning companies; transactions concerning
trusts; partnership transactions; planning and structuring issues;
anti-avoidance provisions.
Courses: LW50, LW51
Credit Points: 12 Contact Hours: 2 per week
■ LWN038 CAPITAL GAINS TAX & COMMERCIAL
TRANSACTIONS
The capital gains tax provisions contained in Part IIIA of the
Income Tax Assessment Act have the potential to apply to in-
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UNIT SYNOPSES