Deals In Asia Pacific (LAWS50080)

Graduate coursework level 5Points: 12.5Not available in 2025

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Overview

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This subject examines the legal issues and practical challenges that arise in relation to cross-border transactions in Asia Pacific. Students will work through a series of cross-border transactions, which will be used as a point of reference throughout the subject. In this way, students will develop an advanced and integrated understanding of the nature of cross-border transactions (involving parties and assets in different jurisdictions) and also the legal issues that are relevant to each stage of a complex transaction. These issues will include the following:

  • The different legal and regulatory systems in the selected jurisdictions;
  • The impact of applicable law (in a contractual context and otherwise), including the impact of different areas of law such as contract, property, company, finance, and insolvency law;
  • Dispute resolution and the different options in a cross-border transaction;
  • The role of lawyers and the skills they require in a cross-border transaction (these include advisory skills, drafting skills, cross-cultural communication skills, negotiation skills and transaction management skills); and
  • The importance of legal due diligence in relation to counterparties and assets.

Intended learning outcomes

A student who has successfully completed this subject should have an advanced understanding of, and be able to critically analyse:

  • The structure and operation of selected legal systems in Asia Pacific;
  • Fundamental aspects of the practice of commercial law from the perspective of a cross-border transaction and the importance of understanding the different models and approaches;
  • Practical commercial dispute resolution and contract management;
  • The interaction and different dynamics between policy, legal systems and commercial laws in Asia Pacific;
  • The role of commercial lawyers and the importance of developing a commercial awareness so that lawyers can function effectively as legal advisors in a cross-border context;
  • The challenges facing lawyers practising in a foreign jurisdiction;
  • The utility and limitations of comparative analyses of laws; and
  • Practical case studies relating to business and investment in Asia Pacific.

A student who has successfully completed this subject should also be able to:

  • Communicate their analysis in appropriate scholarly and professional formats.
  • Apply this understanding and analytical capacity to new situations and contexts; and

Generic skills

On completion of the subject students should have developed and demonstrated expert skills, including:

  • 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 complex cross-border transaction in Asia Pacific;
  • Cognitive, technical and creative skills to investigate, analyse and synthesise complex information, problems and concepts in a cross-jurisdictional context and from a comparative law perspective;
  • Cognitive, technical and creative skills to generate and evaluate complex ideas and concepts in relation to cross-border transactions in Asia Pacific at an abstract level, and the ability to translate those abstract ideas and concepts to practical problems, demonstrated in classroom discussion and in the interim assessment task;
  • Technical skills to design, evaluate and analyse complex legal structures and issues, as well as communication skills to advise legal and non-legal audiences on such structures and issues; and
  • Technical skills in relation to advising clients, negotiating transactions and drafting legal documentation in the context of a cross-border transaction in Asia Pacific.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

All of

Code Name Teaching period Credit Points
LAWS50023 Legal Method and Reasoning
Summer Term (Dual-Delivery - Parkville)
 12.5
LAWS50024 Principles of Public Law
Semester 1 (On Campus - Parkville)
 12.5
LAWS50025 Torts
Semester 1 (On Campus - Parkville)
 12.5
LAWS50026 Obligations
Semester 1 (On Campus - Parkville)
 12.5
LAWS50027 Dispute Resolution No longer available
LAWS50029 Contracts
Semester 2 (On Campus - Parkville)
 12.5

AND

Note: the following subject/s can also be taken concurrently (at the same time)

Code Name Teaching period Credit Points
LAWS50030 Property
Semester 1 (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

Code Name Teaching period Credit Points
LAWS70230 Commercial Law in Asia
March (On Campus - Parkville)
 12.5
LAWS90097 Investment Deals and Disputes in Asia
Not available in 2025
 12.5

Inherent requirements (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

Last updated: 4 March 2025

Assessment

DescriptionTimingPercentage

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.

Hurdle requirement		Throughout the teaching periodN/A

Written client advice on a legal issue concerning a cross-border transaction. Students will be expected to produce a professional memorandum of advice that is based on in-depth research and analysis, and that explains a complex area of law in terms that are accessible to an informed lay-person.

  • 1500 words
30%

Open-book examination

  • 3 hours
70%

Additional details

The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

Not available in 2025

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.

Last updated: 4 March 2025

Further information

  • Texts

    Prescribed texts

    • Specialist printed materials will also be made available from the Melbourne Law School.
  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseJuris Doctor
  • Available to Study Abroad and/or Study Exchange Students

    This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.

Last updated: 4 March 2025