|Year of offer||2018|
|Subject level||Graduate coursework Level 5|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
The purpose of this subject is to give students an advanced and integrated understanding of (1) the ways in which commercial deals are structured; (2) the ways in which core legal principles from a range of law subjects are relevant to commercial deals; and (3) the role that lawyers perform when advising on and executing commercial deals and the skills that they require for this purpose. The issues are considered within the context of a business acquisition in Australia. Students will critically analyse the ways in which a business acquisition is structured and the applicable legal issues that arise in areas such as contract, property, torts and company law. Drawing on the theories of scholar such as Ronald Gilson, students will consider the role of business lawyers as transaction cost engineers and the technical and professional challenges that they face in performing this role.
This subject is of particular interest to students seeking to practise commercial law.
Intended learning outcomes
On completion of this subject, students should have an advanced understanding of, and be able to critically analyse:
- The structure of a business acquisition and the associated commercial drivers;
- The applicable legal issues and how those issues are treated under the laws of Australia;
- The role that lawyers perform when advising on and executing commercial deals and the skills they require in order to perform that role effectively (including advisory, drafting and negotiation skills); and
- The importance of developing a commercial awareness so that lawyers can function effectively as legal advisors in a commercial context.
On completion of the subject, students will have developed high level skills in the following areas:
- Cognitive skills to demonstrate mastery of theoretical knowledge and to apply that knowledge (including core legal principles and concepts studied in compulsory JD subjects) in the context of a commercial deal;
- Specialist understanding, interpretation, critical reflection and synthesis of legislation and cases relating to business acquisitions in Australia;
- Technical skills in relation to designing and analysing complex legal structures and issues, as well as communication skills in relation to advising legal and non-legal audiences on such structures and issues, as demonstrated in the interim assessment task;
- Technical skills in relation to negotiating transactions and drafting legal documentation in the context of a business acquisition in Australia, as demonstrated in the deal simulation exercise and the examination; and
- Communication skills effective for the delivery of complex concepts to a diversity of specialist and non-specialist audiences.
Eligibility and requirements
Successful completion of all the below subjects:
|Code||Name||Teaching period||Credit Points|
|LAWS50023||Legal Method and Reasoning||
Core participation requirements
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
- Hurdle Requirement: Class participation, including participating in simulated drafting and negotiation exercises that are designed to highlight the relevance and application of core skills at an advanced level. Students will be expected to participate actively in class and to draw on their collective experience in identifying, analysing and advising on the legal issues that are relevant to commercial transactions;
- A 1,500-word piece of written advice (30%);
- A 3-hour open-book examination (70%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Andrew Godwin Mode of delivery On Campus — Parkville Contact hours 36 hours Total time commitment 144 hours Teaching period 23 July 2018 to 21 October 2018 Last self-enrol date 4 December 2017 Census date 31 August 2018 Last date to withdraw without fail 21 September 2018 Assessment period ends 16 November 2018
Semester 2 contact information
Additional delivery details
This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor