Each year, the TC Beirne School of Law is pleased to welcome several leading academic and professional visitors to the school.

Our visitors are selected for their expertise and/or established research profiles. Students are encouraged to take advantage of their presence in the school by enrolling in the courses listed below.

Ms Anne-Marie Rice

LAWS5121/7121 Family Law

This course is an intermediate level consideration, examination of, and reflection upon, the legal issues, legislation, case law, theory, practice, social context and key features of what is commonly known as "family law" in Australia. The course seeks to develop students' knowledge of the law relating to the breakdown of interpersonal relationships; awareness of the application of the relevant principles set out in the Family Law Act (and other related legislation including the Domestic and Family Violence Act) in both a legal and wider social context; and ability to identify and critically consider legal issues in the midst of complex inter-personal issues.
 


Associate Professor Emily Hudson

LAWS5206/7206 Copyright Law

Copyright law grants rights in relation to a range of intellectual, artistic and cultural works. In Australian law the economic rights enjoyed by the copyright owner vary between different types of work, but include such things as reproduction, public performance, and communication to the public (eg, making a work available online). The possibility of copyright infringement arises where someone undertakes one of these acts in relation to a non-trivial amount of a work and without the permission of the copyright owner. In addition to granting rights to copyright owners, the Copyright Act 1968 also, inter alia: gives authors the moral rights of attribution and integrity; grants certain protections to performers; and sets out enforcement mechanisms for technological protection measures.

Copyright, like other forms of intellectual property, has grown in commercial, cultural and political significance. Knowledge of intellectual property law is crucial for those interested in commercial law because of the number of businesses for whom copyrights, patents and trade marks are the most valuable assets. Normative questions arise about the appropriate scope of property-style rights, especially having regard to their possible anti-competitive effects and their impact on artistic endeavour, innovation, research and access to information, and freedom of speech. Many uses of digital technologies implicate copyright in ways not imagined during copyright’s history. And the linkage between intellectual property and trade has changed the rubric of international copyright law.
 


Mr Malcolm Holmes QC

LAWS7868 International Commercial Arbitration

This course deals in depth with the full range of mechanisms available for international commercial dispute management. The principal focus is on the process of international commercial arbitration, which is one of the major growth areas of legal practice and possibly the most widely used dispute resolution method in international business.

This course is concerned with an international process. The course first analyses the basic concepts in international commercial arbitration and considers how it has developed into the coherent system of choice to resolve disputes in cross border transactions. The nature and history of the major international instruments governing international arbitration are explained. The legal environment of an international commercial arbitration and the resulting award is considered.

The course then addresses the practice and procedure of an international arbitration from the viewpoint both of legal representatives of the parties and of the members of an arbitral tribunal from the time of the dispute up to the making of the award.  The course also includes a brief comparative introduction to investment treaty arbitration and an explanation of the issues involved in drafting an international arbitration agreement.
 


Mr Thomas Joyce

LAWS7708 Intellectual Property Law

Intellectual property (IP) law spans many fields of activity and legal regimes. This course is an introductory level examination of the general law and statutory protection of intellectual property in Australia. It includes a study of the various forms of IP protection including copyright, trademarks, designs, patents, confidential information, plant breeders' rights and the potential for sui-generis database protection.

Focusing on subject matter that is protected, the pre-conditions for protection, and the nature of and remedies for infringement, the course aims to provide students with a 'toolkit' upon which to build detailed in-practice expertise in one or more areas, or as the basis for detailed future study.
 


Adjunct Professor John Swinson

LAWS7723 Current Issues in International Law (Private)

International commercial arrangements underpin globalisation and enable cross border transactions, but are becoming increasingly complex and difficult to navigate.  International law issues can also arise in unexpected places as borders start to blur due to the internet and social media platforms.  This course offers an advanced study on international commercial arrangements and the difficulties that lie within, with a focus on complexities that arise over the internet (such as electronic contracting, domain names and trade mark infringement), doing business internationally with a focus on China and the USA, and ancillary international issues.   The course will have a practical and commercial focus, and will consider these issues from the point of view of an Australian internet or consumer products enterprise wanting to expand into China and the USA.
 


Mr Patrick Cavanagh

LAWS7851 Mediation

Using mediation as a way to resolve disputes efficiently has been a core part of the Australian legal system for many years and is now being incorporated into other legal systems around the world.  Students in this course are immersed in mediation theory, policy and practice, developing a clear understanding of the role of mediation as a dispute management process. They develop the basic skills necessary to conduct an effective mediation in a legal context.

The course delivers a sound knowledge of the analytical models and characteristics of mediation, the ability to analyse its advantages and drawbacks, and distinguish it from other dispute resolution processes. The course identifies the range of skills used by mediators and the ethical challenges they face, and the role of lawyers, legal representatives and the parties involved in the mediation process. Mediation is suitable for academics, lawyers, mediators and other dispute resolution professionals, in addition to potential users of mediation services, advocates and mediation supporters.

LAWS7953 International Dispute Settlement

This course examines the various non-judicial and judicial processes and institutions used in settling disputes in public international law. These processes include the development of `hybrid’ mechanisms to address new and emerging types of dispute, UN Charter provisions discouraging resort to war by States, authorisation of the use of force to uphold the objectives and principles of the UN Charter, international humanitarian law, and peacekeeping.

The course aims to provide an understanding of the fundamental principles of public international law regulating the settlement of disputes between States, the range of procedures available, and the institutions that make up the settlement system.

Successful completion of the course should enable students to formulate proposals for improving dispute settlement procedures (both legal and political) in response to the evolving dynamics of inter-State relationships and changing approaches to international dispute settlement.
 


Mr Peter Blanchard

LAWS7853 Laws of the World Trade Organisation

This course will introduce the international legal rules, principles and institutions of the World Trade Organization. Students who undertake this course will gain an understanding of the WTO legal regime through the major WTO Agreements as well as of substantive WTO law, drawing heavily on reports of the WTO Appellate Body and panels.

The course will cover the basic principles relating to trade in goods and trade in services, as well as some of the more specialised WTO Agreements. These will be examined through a consideration of the WTO Agreements and the legal disputes that have arisen under those agreements.

Students will be asked to think critically about the effect of the WTO’s legal regime on Australia, and on developing countries. Although not a prerequisite, students are advised that some knowledge of international law, international relations and/or economics would be a distinct advantage.

Dr John de Groot

LAWS5130 Succession Law

This course is an introductory level examination of law, legal issues, regulation, legislation, case law, and practice of succession in Australia, and in some overseas jurisdictions. The course seeks to develop students' knowledge of succession law and the ability to solve complex legal problems whilst examining proposals for reform.
 


Mr Matthew Broderick, Mr Shane Roberts

LAWS5220 Personal and Corporate Insolvency

A study of the law of insolvency as applied to individuals & corporate bodies. The course will explore the rationale for, & core principles of, insolvency, the law regarding the identification of the assets of the insolvent, the avoidance of pre-insolvency transactions & the order of distribution and winding up. The course will also explore alternatives to insolvency.
 


Adjunct Professor John Swinson

LAWS5228 Privacy Law

This course is an intermediate level examination of the legal issues and social context of privacy law in Australia and in other jurisdictions. The course seeks to develop students? Knowledge of privacy law and enhance their awareness of contemporary privacy issues.
 


Professor David Hodson OBE

LAWS7723 Current Issues in International Law (Private)

An outline of proposed content includes:

  • International law and status for cross border families; United Nations, Hague, EU and other - their purpose, justification and national validation, jurisprudence, limitations including from national governments.
  • Distinctive issues facing international families; status and formations of family relationships; termination of relationships
  • Children; International instruments, child abduction, other international child issues
  • Finance; financial claims in international family law litigation, claims as to property and capital, child support and spousal maintenance, personal autonomy.
  • Working to the future; The actors, the digital, future directions of international family justice.
     

Emeritus Professor Gabriel Moens

LAWS7724 Current Issues in International Law (Public)

This course introduces students to the legal system of the European Union (EU). Emphasis will be placed on the constitutional, administrative and commercial law of the EU. The topics which will be discussed in this course include the political and economic origins of the EU, its institutional structures (with emphasis on the European Court of Justice), the interrelationship between Union Law and the laws of the twenty-eight member states (or twenty-seven by the time the course is offered), the free movement of goods, workers, capital and services, and Brexit. The course will concentrate on the transnational protection of economic and social rights and the jurisprudence of the European Court of Justice.
 


Adjunct Professor John McKenna QC, The Honourable Dr Glen Williams AO QC

LAWS7725 Current Issues in Legal Practice
 


Dr Serge Loode

LAWS7841 Theories in Dispute Resolution

This course provides an introduction to alternative dispute resolution (ADR) and an overview of ADR processes including negotiation, mediation, conciliation, case appraisal and arbitration. These processes are analysed with respect to their roles within the Australian legal system and their comparative advantages and disadvantages. Students also examine the theories underlying dispute resolution and conflict analysis, and how they apply in practice. Issues such as neutrality of dispute resolution practitioners, cultural issues in dispute resolution and the ethics of dispute intervention are discussed.

Additionally, the course provides a critical response to traditional Western legal concepts such as the rule of law and the adversarial justice system. Designed to better equip legal practitioners with knowledge and skills for their roles as dispute resolvers and advisers, the course features a variety of learning activities but is not an alternative to a dedicated mediation course.
 


Mr Patrick Cavanagh

LAWS7851 Mediation

Mr Cavanagh has extensive experience in the field of corporate negotiation and dispute resolution. A Barrister in the High Court of New Zealand, he has held a number of senior positions as a negotiator in Australia and overseas and has been involved with more than 500 mediations.

As Co-Director of Bond University’s Dispute Resolution Centre (1990-2013), Mr Cavanagh taught more than 350 programs on negotiation, mediation and arbitration skills in Australia, New Zealand, Canada, England, Hong Kong, Malaysia, Singapore, Indonesia and India. He also taught Advanced Commercial Mediation and Negotiation, Torts, Business Law, Business Associations, Construction Law and Dispute Resolution.

From 2001-2003 he also served as a senior case manager/negotiator with the Jakarta Initiative Task Force (JITF) – Indonesia’s first commercial mediation organisation. This USAID/World Bank program mediated debt restructuring issues between domestic borrowers and syndicated foreign banking lenders. The program successfully mediated the resolution of US$21 billion of outstanding loans. In addition to acting as mediator, Mr Cavanagh’s responsibilities included training and certification of mediators, both internally and in the wider public/private corporate area. His work with JITF led to Mr Cavanagh being appointed as specialist mediation advisor to Government of Indonesia to assist resolution of US$1.5 billion telecommunications dispute.

Mr Cavanagh has served on the Queensland Law Society’s Dispute Resolution Committee and as Disputes Manager with the Bar Association of Queensland. Other notable positions include Executive Director of Queensland Settlement Week which promoted court-annexed mediation programs sponsored by public and private sectors; Mediator under the Retail Shop Leases Act (Qld); Accredited Mediator and specialist trainer for the National Electricity Code Administrator; and National Manager of the Australian Commercial Disputes Centre.
 


Mr Drew James

LAWS7865 Maritime Law

Over 90% of Australian trade is transported by sea and the law governing the ships that facilitate this trade is of great commercial importance. Maritime Law concerns issues such as the ownership and flagging of ships, salvage and wreck law, and liabilities arising from incidents such as collisions at sea and marine pollution. It also covers the enforcement of maritime claims, including arrest of ships, jurisdiction, and securities, such as maritime liens.

Maritime Law is a blend of general principles of contract and tort law, specialised maritime laws arising out of the ancient law merchant, international conventions, customary international law and domestic (both Commonwealth and State) law. Consideration is therefore also given to jurisdictional issues, including an introduction to the international maritime zones and a more detailed consideration of the jurisdictional competencies of flag and port States.

The international nature of shipping, and the international legal structure underpinning it, means that shipping law throughout the world is similar and skills acquired in one jurisdiction are readily transferable to another. The course is therefore of particular interest to students who wish to pursue an international career in either the private or government sectors or in international trade.
 


Professor Frank Garcia

LAWS7987 International Law & Development

This course critically examines the phenomenon of globalisation, and the related changes currently underway in contemporary international economic law. Study will focus on the role of international economic law institutions, such as the WTO, IMF and the World Bank, and the impact globalisation has on their responsibilities.