2016 Postgrad Applied Laws Handbk

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www.collaw.edu.au/alp
The College of Law
2016 POSTGRADUATE
APPLIED LAW PROGRAMS
HANDBOOK
• LLM (APPLIED LAW)
• MASTER OF APPLIED LAW (FAMILY LAW)
• GRADUATE DIPLOMA OF APPLIED LAW

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WHAT
ARE YOU
LOOKING
FOR?
Want to get the edge in a tight
recruitment market?
Are you looking to build your practice?
Want to move into a new area of practice
and to skill up quickly?
The College of Law’s Postgraduate Applied
Law Programs (ALP) can give you the tools
and knowledge you need to reach
your goals.
Please read more about our Postgraduate
Applied Law Programs in this handbook or
contact ALP at 1300 506 402 or
alp@collaw.edu.au to find the program
for you.

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TABLE OF CONTENTS
2016
POSTGRADUATE
APPLIED LAW
PROGRAMS
4 Who we are
7 Delivery and course requirements
9 Credit for prior learning
10 Our people
11 Subject streams
11 Alternative Dispute Resolution
13 Commercial Litigation
17 Commercial Transactions
20 Estate Planning
22 Family Law
26 In-house Practice
30 Property Law
33 Wills Estates
38 Important dates, fees Enrolment information
D
O
W
N
LO
A
D
TH
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2016
A
PPLICA
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IF YOU WANT A PRACTICAL APPROACH TO YOUR
POSTGRADUATE STUDY, LOOK NO FURTHER
THAN THE COLLEGE OF LAW
WHAT DO YOU GAIN FROM
THE APPLIED LAW PROGRAMS?
The College of Law is the fifth largest provider of postgraduate
legal education in Australia and has offered postgraduate legal
education to lawyers for over 40 years.
As an organisation aligned with the legal profession, we know what
you need as a practising legal professional to take your career or
practice to the next stage.
The Applied Law Programs are developed for practitioners, by
practitioners, and focus on developing technical and practical
proficiency through innovative problem-based learning. They
are designed on the basis of learning by doing — the application
of legal skills to realistic tasks and scenarios that practitioners
encounter in practice.
An in-depth knowledge of the substantive law and practice
Better understanding of client needs and how to resolve
disputes
Ability to think critically and analytically to provide high level
advice and dispute resolution legal services
Effective and high level communication with clients and
other legal professionals and related service providers
Excellent interpersonal and decision-making skills, including
an awareness of personal strengths and limitations
Ease of engagement in meaningful discourse within the
legal profession through involvement with the profession
at various levels
Practical knowledge to be applied to professional conduct
and the duty to the client, court and the community
Aptitude for self-directed life-long learning
Fulfilment of Continuing Professional Development (CPD)
requirements
WHO
WE ARE
“I am continuously impressed by how relevant the course
work has been to my role and how often I can apply the
knowledge and skills to real files sitting on my desk.“
Carla Parsons
Partner, Bell Legal Group and Graduate, The College of Law

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THE COLLEGE OF LAW OFFERS THE FOLLOWING
POSTGRADUATE APPLIED LAW PROGRAMS AT THE
MASTER OR GRADUATE DIPLOMA LEVEL
If you are a practising lawyer looking to further your
career or develop a practice, we have a range of subjects
and practice area majors available in our fully accredited,
specialised Master of Laws. The LLM (Applied Law) is
designed to enhance your on-the-job skills and give you
the edge you need to take your career to the next level.
Choose from majors and subjects in the following
practice areas:
Alternative Dispute Resolution
Commercial Litigation
Commercial Transactions
Estate Planning
Family Law
In-house Practice
Property Law
Wills Estates
Completion of eight subjects leads to a Master of Laws
(LLM). The subjects can also be taken individually and
qualify for CPD units.
To receive the LLM (Applied Law), you need to complete
eight subjects total, including the Capstone Project or
Major Project.
To receive the LLM (Applied Law) with a major, three
subjects must come from your subject area of major, plus
the Capstone Project or Major Project in that area (eight
subjects total). The remaining subjects can be taken from
any area.
New LLM (Applied Law) with a double major combines
two major practice areas of study within one LLM (Applied
Law)program. Students that complete their Masters with a
double major will be awarded with a single degree but with
two majors. In order to graduate with LLM (Applied Law)
with a double major, students are required to complete a
minimum 4 subjects per major with one of the 8 subjects
being a Capstone or Major Project in one of the majors. Please
note that given the nature of the double major degree, a very
limited Recognition of Prior Learning can be granted. Students
may apply for 1 specified credit per major as a maximum.
Unspecified Credit cannot be applied to a double major LLM
(Applied Law).
For example, Please see below an example of the LLM (Applied
Law) with a Double Major in Wills Estates and Property Law
may look like this:
Wills Estates subjects:
WEP 1: Law and Practice of Wills
WEP 3: Construing and Drafting Wills
WEP 4: Family Provision
Capstone: (Wills and Estates)
Property subjects:
Prop 1: Aspects of Land Ownership
Prop 2: Buying and Selling Real Property
Prop 3: Commercial Leasing, Contracts Transactions
Specified Credit
WHAT WE
OFFER
LLM (APPLIED LAW) WITH A DOUBLE MAJORLLM (APPLIED LAW)

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If you want to move into a specialisation in family law or build your
existing family law practice, this program will provide the skills and
knowledge you need to advance to the next stage.
This eight subject program focuses solely on the practice of family
law. It is undertaken primarily online and is designed for busy working
professionals.
TO RECEIVE A MASTER OF APPLIED LAW (FAMILY LAW):
The required core subjects and elective subjects (eight subjects total) are
set out below:
THE FOLLOWING 5 CORE SUBJECTS:
FLP1 Children, Parental Responsibility and Divorce
FLP2 Property, Maintenance and Child Support
FLP3 Conducting Family Law Matters
FLP11 Advanced Parenting Issues OR
FLP12 Advanced Issues in Property, Maintenance and Child Support
Major Project (Family Law) or Capstone Project (Family Law)
PLUS A CHOICE OF 3 OF THE FOLLOWING ELECTIVE SUBJECTS:
FLP11 Advanced Parenting Issues (if not already chosen above)
FLP12 Advanced Issues in Property, Maintenance and Child Support
(if not already chosen above)
FLP13 Development and Management of a Family Law Practice
FLP14 Family Dispute Resolution
FLP15 Advocacy in Family Law
Major Project (if not already chosen above)
MASTER OF APPLIED LAW (FAMILY LAW)
If you are not quite ready to undertake a full Masters or LLM, then a
Graduate Diploma of Applied Law will provide you with the knowledge
and skills to advance your career, without you needing to undertake
the extended study required for a Master of Laws. If you later decide to
progress towards a Masters, all of your study in the Graduate Diploma
will be credited towards that award.
The four subject Graduate Diploma focuses on the foundational aspects
in the practice areas of Commercial Litigation, Family Law, In-house
Practice and Wills Estates.
You may enrol in single subjects on a non-award basis and complete CPD
units. Assessment is optional, but if you later choose to proceed to an
award qualification, you will need to complete the relevant assessment.
GRADUATE DIPLOMAS OF APPLIED LAW
SINGLE SUBJECTS
Commercial Litigation; Family Law; In-house Practice; and Wills Estates

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DELIVERY COURSE
REQUIREMENTS
ONLINE DELIVERY INTENSIVE SUBJECTS
CAPSTONE PROJECT AND
MAJOR PROJECT REQUIREMENT
The Postgraduate Applied Law Programs facilitate
flexibility and easy access with online delivery, regular
communication with lecturers and support by practitioners
from the relevant areas of legal practice. Some subjects will
also have a one day face-to-face workshop.
The College of Law engages as lecturers legal practitioners
who combine substantial experience in legal practice with
the teaching skills needed to support learning. In addition,
we invite judges and prominent practitioners to present
during our workshops.
The College of Law may offer some subjects in an
intensive format. This delivery will differ from the
full semesters in that it will be a shorter and more
intensive workshop-style course with pre-readings.
For information on the intensive subjects offered
please see the enrolment form.
In order to satisfy the requirements of the LLM, you can
choose to undertake either the Capstone Project OR the
Major Project.
The Capstone Project is taken as the final subject in a major.
Drawing from the skills and knowledge you have acquired
throughout the program, the Capstone Project will challenge
you to integrate these skills and apply them effectively to
sophisticated and realistic legal scenarios.
There is a strong focus on practical experience and active
learning; your performance throughout the subject will be
continuously evaluated through a series of assessments.
The highlight of the Capstone Project is the final task, where
you will prepare a Final Portfolio that demonstrates your
legal writing, research, and oral skills. You will also attend
the Oral Communication Workshop where you will have the
opportunity to complete mini practice runs with your lecturer
to prepare you for the oral component of the Final Portfolio.
Throughout the semester, you will receive individualised
feedback from your lecturer and will also have access to a
rich array of skills modules that include guides, samples, and
practice exercises for honing your legal skills.
A Capstone Project is available for each practice area. You will
have the option to choose a Capstone Project that matches
your major (if you have one). If you are choosing a double
major, you only need to complete a Capstone Project in one.
The Capstone Project is offered in Semesters 1 and 2.
Assessment: Short-answer questions (followed by oral
defence), two legal writing samples, oral communication
assessment (e.g. client interview), and reflective analysis of
oral communication.
For more information on the policies of the Capstone Project,
please view the ALP Manual.
The Major Project is a 10,000-12,000 word research paper of
publishable quality. You will have one semester to complete
this and will work with a research supervisor along the way.
The Major Project is largely a self-directed piece of work
(Available only in Semester 1).

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WHAT LEARNING
RESOURCES ARE AVAILABLE?
Our online program is designed to give you the flexibility to study
anywhere via a computer with internet access.
EVERYTHING YOU NEED FOR THE COURSE VIA ONE LOCATION
You can find all course resources on the Learning Portal – your course
materials, assessments and your readings for each week are delivered
from one location so there is no need to look elsewhere.
PRACTICAL MATERIAL
All materials, exercises and assessments are written with a practical
rather than purely theoretical focus and are designed to help you build
and improve on your skills in addressing problems in practice – not just
to test your understanding of legal concepts.
ACTIVE LEARNING ENVIRONMENT
To help ensure your learning is as efficient and engaging as possible,
there are regular opportunities in every subject to participate and
engage in active learning activities: automated online exercises;
conference discussions; webinars with your lecturer and the other
members of your class; and through attending the full day
face-to-face workshop.
SUPPORT, FEEDBACK GUIDANCE FROM YOUR LECTURER
Over the course of the semester, your lecturer, an expert in their field,
will be on hand to help guide you through the material, provide you with
feedback on how you are tracking and support you through the course.
ACCESS TO OUR EXTENSIVE ONLINE LIBRARY
As a student, you will have access to online resources, including legal
databases, such as LexisNexis, Westlaw and CCH.
CONFERENCES HELD VIA WEBINAR OR TELECONFERENCE
Your lecturer may hold regular conferences via webinar, which you
can attend from your desk. This offers students a great opportunity
to discuss subject content with your peers and expert lecturers and to
check on your progress in the subject.
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We will provide you with

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MORE
INFORMATION
HOW MANY HOURS PER WEEK DO I NEED TO
SET ASIDE FOR STUDY?
CAN I CLAIM CPD UNITS?
CAN I RECEIVE CREDIT FOR ANY PRIOR LEARNING?
For each subject across all of your Postgraduate Applied Law
Programs you should allow eight to ten hours study per week
for the online materials and participation in online learning
activities. In addition, students will be expected to devote
further time to attending tutorials and the workshop, as well
as assessment tasks and exam preparation.
We recommend students working full-time take one or two
subjects per semester. It is advisable that students in full-
time practice think carefully about enrolling in more than two
subjects.
You may be entitled to claim your full 10 units per subject
for your CPD requirements. This takes into account the
recommended study time, plus a one-day workshop. However,
you may still need to complete some mandatory CPD. You
should check the requirements in your state with your local
law society.
The College’s Credit for Prior Learning Policy encourages
practitioners who have completed previous postgraduate and
other recognised study to apply for credit towards either the
LLM (Applied Law) or the Master of Applied Law (Family Law).
A maximum of three subject credits may be granted for the
Masters awards.
If you have undertaken a Graduate Diploma of Legal
Practice with The College of Law within the last ten years
you may apply to receive up to two elective subjects of
unspecified credit.
If you have undertaken a Graduate Diploma of Legal
Practice with another provider within the last ten years
you may apply to receive one elective subject of
unspecified credit.
If you have undertaken other postgraduate study, such as
an LLM or Graduate Diploma of Law, whether you have
completed the award or not, you may be eligible to receive
credit for that study.
Accredited Specialists may qualify for exemption of up to
two subjects.
To apply for advanced standing please complete the
application for recognition of prior learning form and submit
it with an original certified copy of your academic transcript
along with your application to enrol.

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Jennifer McMillan
Jenny is an Accredited Specialist in Wills and Estates,
a member of the Law Society of NSW Elder Law and
Succession Committee, and a member of the Society
of Trust and Estate Practitioners.
Practice Leader Wills and Estates Programs
OUR PEOPLE
The following prominent practitioners have been involved in developing and overseeing the Applied Law Programs.
The Honourable Justice P Bergin Chief
Judge in Equity, Supreme Court of NSW
Mr John Armfield Barrister, Second Floor
Wentworth Chambers
Mr Philip Hoser Partner, Jones Day
The Honourable Justice Philip Hallen
Supreme Court of NSW
Ms Deborah Awyzio Principal, DA Family
Lawyers
Dr Stephen Janes School of Law, The
University of Western Sydney
The Honourable Kevin Lindgren AM QC
former Judge, Federal Court of Australia
Mr Philip Bambagiotti Barrister, 10th Floor
St James Hall Chambers
Mr Rodney Lewis Rodney Lewis Co
The Honourable Keith Mason AC QC former
President, NSW Court of Appeal
Dr Jacoba Brasch Barrister, 18 Inns
Barristers
Ms Jennifer McMillan Lecturer, The College
of Law and Member, Guardianship Division
of NSW Civil and Administrative Tribunal
The Honourable Justice Peter Murphy
Family Court of Australia
Ms Marie Brownell The Trust Company
Mr Richard Neal Partner, Teece, Hodgson
Ward
The Honourable Peter Rose AM QC
Barrister and Mediator, former Judge,
Family Court of Australia
Mr David Charles Barrister, Ground Floor
Wentworth Chambers
Mr Rick O’Brien Partner, O’Sullivan Davies
Lawyers
The Honourable Justice Stephen Thackray
Chief Judge, Family Court of Western
Australia
Mr David Cosgrave Director of Legal
Services, University of Southern
Queensland
Mr Peter Szabo Principal, M+K Lawyers
The Honourable Justice Ann Ainslie-Wallace
Appeals Division, Family Court of Australia
Mr David Courtenay Courtenay Co.
Ms Angela Taylor Global Head Legal and
Compliance, Tibra Capital
The Honourable Justice Judith Ryan Appeals
Division, Family Court of Australia
Dr Anthony Dickey QC Barrister, John
Toohey Chambers
Mr Glenn Thompson Partner, Newnhams
Solicitors, Accredited Specialist (Family Law)
The Honourable Mr Bill Windeyer AM RFD,
ED former Probate Judge Supreme Court
of NSW
Mr Justin Dowd Partner, Watts McCray
Mr Bret Walker SC Barrister, Fifth Floor St
James Hall Chambers
Judge Kate Hughes Federal Circuit Court of
Australia
Mr Peter Gell Consultant Solicitor
Mr Richard Williams TEP, Barrister, Roma
Mitchell Chambers
Emeritus Professor Peter Butt
Sydney Law School, University of Sydney
Mr Dion Gooderham Senior Manager,
Legal, Compliance Capability, IAG
Mr Michael Willmott SC St James Hall
Chambers
Professor Richard Chisholm AM Adjunct
Professor, Australian National University
Mr Martin Gorrick Barrister, Fredrick Jordan
Chambers
Mr Chris Woodforde Principal, Bridgewater
Strategies
Professor Patrick Parkinson Sydney Law
School, University of Sydney
Mr Tony de Govrik In-house Legal Advisor,
A C de Govrik Associates
Ms Emma Zipper General Counsel and
Company Secretary, Bupa Australia
Mr John Armfield Barrister Second Floor
Wentworth Chambers
Dr John de Groot de Groots Wills and Estate
Lawyers
Professor Patrick Parkinson Sydney Law
School, University of Sydney
Mr Les Handler Wills and Estates expert
and author
Jennifer McMillan

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SUBJECT STREAMS
ALTERNATIVE DISPUTE
RESOLUTION
OUR ALTERNATIVE DISPUTE RESOLUTION
FACULTY INCLUDES:
SUBJECTS:
The Honourable Justice Ainslie-Wallace
Family Court of Australia, Appeals Division
Linda Kochanski
Practice Leader for Dispute Resolution Programs,
The College of Law
Bianca Keys
Director, Bianca Keys Dispute Resolution
Susan Hamilton Green
Family Lawyer and FDRP, Intandem Legal Services, Creative
Family Law Solutions, Accredited Specialist (Family Law and
Mediation), AIFLAM, LEADR, VADR
Lisa Frisken
Principal, Gold Coast Mediation Dispute Resolution Services
The course has been designed to enable you to become a
nationally accredited mediator, if you wish.
ADRP1 Mediation is a mediation course under the National
Mediator Accreditation System (NMAS). ADRP1 subject is an
intensive subject with pre-work followed by four day intensive
workshop. An additional workshop and assessment may
be undertaken in order to be eligible to apply to become a
Nationally Accredited Mediator.
To become a nationally accredited mediator you must
complete an additional assessment which is mediation.
This course structure satisfies the requirements under the NAMS.
DATES:
• Start Date: 7 March 2016
• Census Date: 22 March 2016
• Face-to-face workshop date: 31 March-3 April 2016
• End Date: 22 April 2016
ADRP1 MEDIATION INTENSIVE

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LECTURER:
Justice Ainslie-Wallace
Family Court of Australia, Appeals Division
Advocacy skills are key for all lawyers. The ability to be able to
persuasively put forward your client’s position is key, whether
inside or outside the courtroom.
This subject is a skills-based subject, focused on developing
your skill at preparation and argument. You will participate in
various exercises such as presenting an opening statement,
examination-in-chief, cross-examination, re-examination and
argument. Throughout the workshop you will be provided
feedback from senior practitioners and the opportunity to
practise and hone your skills. Strong emphasis is placed on
teaching you the skills of preparation which will make you a
successful advocate, inside or outside the courtroom.
This is a general advocacy subject which will have direct
practical relevance to you, regardless of your area of practice.
This subject has been developed in conjunction with the
Australian Institute of Advocacy.
AT THE END OF THIS SUBJECT YOU WILL BE ABLE TO:
Demonstrated well-developed preparation skills in both
case preparation and performance preparation
Identify the fundamentals of persuasive advocacy
Demonstrate persuasive argument skill
Develop defence and prosecution case theory
Make and oppose various applications: ex-parte injunction;
urgent application
Lead evidence-in-chief, cross-examine and re-examine
Make opening and closing statements
Apply best practice techniques in questioning and
preparing witnesses
TOPICS INCLUDE:
Fundamentals of advocacy
The opening address
Examination-in-chief, cross-examination
and re-examination
The closing address
Techniques in questioning
Structure of arguments and techniques of argument
Communication in court
ASSESSMENT:
Making and opposing an ex-parte application or interim
application; making and opening address or closing argument;
leading evidence or cross-examination of witnesses.
ADRP3 ADVOCACY INTENSIVE
Assessments specified in this handbook are indicative only and subject to change. Not all subjects are available in both semesters. Please check the Application Form for details.
All lawyers and mediators negotiate – this applies equally to
litigation lawyers, to mediators and to commercial lawyers. This
subject is relevant to lawyers and mediators of all disciplines.
TOPICS INCLUDE:
The concept of negotiation,
The theory behind negotiation,
The essential steps when preparing for a negotiation,
The skills essential to all negotiations, and
The challenges that often arise when negotiating.
ASSESSMENT:
40% assessment: prepare a negotiation plan and use it to
conduct a written negotiation
Feedback assessment: use the negotiation plan to conduct
a negotiation
60% assessment: develop a negotiation plan, conduct a
negotiation and draft a brief negotiation agreement
DATES:
• Start Date: 18 April 2016
• Census Date: 27 April 2016
• Face-to-face workshop date: 11-13 May 2016
• End Date: 3 June 2016
ADRP2 NEGOTIATION INTENSIVE

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SUBJECT STREAMS
COMMERCIAL LITIGATION
Commercial litigation is one of the most complex and challenging areas of the law due to the many
different and somewhat unrelated specialty areas. Enrol in this program to hone your skills under the
guidance of senior practitioners and equip yourself to act in commercial disputes.
OUR COMMERCIAL LITIGATION
FACULTY INCLUDES:
Darrell Kake
Solicitor Director, 1Legal, Queensland Law Society Accredited
Specialist (Commercial Litigation)
Lachlan Menzies
Barrister, 8th Floor Wentworth Chambers
Florence Thum
Executive Lawyer, Davidson Legal
Ted Popper
Adjunct Lecturer, The College of Law
“The College of Law Masters program appealed to me because it is not
just a purely academic course, but one which is relevant to every day
practice that complements my specific area of work. The online learning
platform provides me with great flexibility in my studies.”
Amy Barwick
Mills Oakley Lawyers and Graduate, The College of Law

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SUBJECTS:
This subject provides an overview of commercial arrangements
with particular focus on contractual principles, tort, equity and
statutory causes of action and the remedies available. You will
gain an insight into the complexities of the typical commercial
context in which litigators have to operate.
TOPICS INCLUDE:
Advising on commercial disputes
Contracts - the building blocks of commercial
arrangements
Identifying the contractual terms
Cutting across contracts
Termination without breach – frustration and mistake
Termination for breach of contract
Statutory overlays on contracts
Negligence, misrepresentation and misleading and
deceptive conduct
Fiduciary relationships, equity and restitution
Damages and other forms of relief
Ethical considerations
ASSESSMENT:
Letter of advice (due 15 February 2016) and viva voce
examination. (To be scheduled 7-11 March 2016)
This subject is offered as a summer and winter intensive.
DATES:
• Start Date: 18 January 2016
• Census Date: 3 February 2016
• Face-to-face workshop date: 8-10 February 2016
• End Date: 4 March 2016
This subject outlines the purpose, law and practice relating to
pre-trial processes in commercial litigation. You will focus on
the skills of analysis, problem solving and strategy in effectively
carrying out procedures as a matter in the Federal Court
progresses on its way to trial, including seeking interlocutory
orders and directions. You will be obtaining instructions, giving
advice and utilising these procedures in the most efficient and
effective manner to advance the clients’ interests.
TOPICS INCLUDE:
Search orders and freezing orders
Preliminary discovery and discovery against non-parties
Engaging experts
Admissibility of expert evidence
Discovery and interrogatories
Subpoenas and notices to produce
Preparing for and managing a hearing
Security for costs
ASSESSMENT:
Written submissions, letter of advice and take home
examination focusing on the Federal jurisdiction only.
DATES:
Semester 1 / Semester 2
This subject is designed to enable students to identify and
evaluate the main dispute resolution processes applicable in
commercial matters and develop effective pre-trial strategies.
You will be equipped with the knowledge and skills needed to
advise clients on the commerciality of litigation, strategy, risk
and prospects of success.
TOPICS INCLUDE:
Case analysis and strategy, cost and tax considerations and
offers of compromise
Case management systems
Alternative dispute resolution options
Negotiation and mediation
Drafting deeds of release
Expert determination
Commercial arbitration
Collaborative law
Conciliation
ASSESSMENT:
Negotiation planning guide, expert determination and take
home examination.
DATES:
CLP1 INTENSIVE REMEDIES IN COMMERCIAL DISPUTES
CLP2 PRE-TRIAL PROCEDURES
CLP3 DISPUTE RESOLUTION PROCESSES

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This subject covers the issues that may arise in complex and
multi-party litigation. You will focus on managing complex
matters through the use of technology.
TOPICS INCLUDE:
Taking instructions and managing the client
Setting up and managing the project team
Advanced privilege issues
Class actions
Litigation funding
Electronic discovery
International trade, choice of law and cross-border
dispute resolution
ASSESSMENT:
Privilege memo, advice on multi-national dispute and take
home examination.
DATES:
Semester 2
This subject examines the context of building and construction
disputes, and identifies and analyses the issues most commonly
giving rise to litigation. You will apply the skills of analysis,
problem solving and strategy to formulating courses of action.
TOPICS INCLUDE:
Standard form building and construction contracts
Supreme Court Technology and Construction List
Non-court processes – conciliation, mediation,
arbitration and expert determination
Common building and construction disputes
Time and programming issues – latent conditions, duties
of the superintendent, variations, proportionate liability,
notice requirements and time bars
Briefing experts
Termination, security for performance and Personal
Property Securities Act
Damages and quantum
Extra contractual remedies
ASSESSMENT:
Advice on time-related contract issues, advice on security of
payment issues and take home examination.
DATES:
Semester 1
This subject presents the background to insurance disputes,
and explains the regulatory environment. You will identify and
analyse common issues and advise clients on strategy, risk,
costs and prospects of success.
TOPICS INCLUDE:
Regulatory environment for insurance
The insurance contract and litigation
Specific insurance issues and pleading insurance claims
Conducting insurance litigation
Litigation relating to agents and brokers
Enforcement and management of insurance regulation by
ASIC and APRA
Common issues in insurance claims
Preparing for and conducting insurance litigation
Reinsurance and arbitration
ASSESSMENT:
Letter of advice and take home examination.
DATES:
Semester 1
This subject focuses on the evaluation and employment of
strategies for the enforcement of copyright, design, patents
and trademarks. You will formulate courses of action and
advise clients on strategy, risk, costs and prospects of success.
TOPICS INCLUDE:
Introduction to intellectual property disputes
Infringement and litigation steps
Pre-emptive strategies and interlocutory relief
Venue selection for intellectual property disputes
Developing a litigation strategy
Defending an action
Formal pleadings, affidavit requirements and
interlocutory relief
Letters of demand and accessorial liability
CLP4 MANAGING COMPLEX LITIGATION
CLP11 BUILDING AND CONSTRUCTION DISPUTES
CLP12 INSURANCE DISPUTES
CLP13 INTELLECTUAL PROPERTY LITIGATION

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This subject covers the nature of insolvency and acting for
liquidators, administrators, receivers, creditors and debtors.
You will identify and plan strategies involving corporate and
personal insolvency, including litigious strategies.
TOPICS INCLUDE:
Understanding insolvency
Bankruptcy proceedings and processes
Administering a bankruptcy
Voluntary administration and deeds of company
arrangement
Understanding voluntary and involuntary liquidation
Administering a winding up
Issues arising in an external administration
Receivers, managers and controllers
Insolvent trading claims
Proceedings to recover creditors’ assets
Shareholder creditors
Cross border insolvency
ASSESSMENT:
Creditor’s statutory demand, affidavit, advice and take home
examination.
DATES:
This subject addresses the context of corporate regulation and
the issues giving rise to corporate and regulatory disputes.
You will focus on advising directors, shareholders and other
corporate offices when disputes, obligations, investigations and
regulatory issues arise.
TOPICS INCLUDE:
Obligations of directors and officers
Defences, indemnity and DO insurance
Corporate regulation, common forms of dispute and
remedies
Venue selection for corporations disputes
Responding to an ASIC investigation
Limitations of regulatory investigations and proceedings
Shareholders’ actions for wrongs by the company
Disputes between members
Disputes between directors
Disputes involving managed investment schemes
Securities class actions and litigation funding
ASSESSMENT:
Court documents, letter of advice and take home examination.
DATES:
Semester 2
CLP14 INSOLVENCY LITIGATION
CLP15 CORPORATIONS LITIGATION
Discovery in intellectual property matters
Expert witnesses in intellectual property matters
Proving and quantifying damages and account of profits
ASSESSMENT:
Letter of demand, response to letter of demand and take home
examination.
DATES:
Semester 2
The required core subjects and elective subjects (four subjects total) are set out below
CLP1 Remedies in Commercial Disputes
CLP2 Pre-trial Procedures
CLP3 Dispute Resolution Processes
CLP4 Managing Complex Litigation
CLP11 Building and Construction Disputes
CLP12 Insurance Disputes
CLP13 Intellectual Property Litigation
CLP14 Insolvency Litigation
CLP15 Corporations Litigation
TO RECEIVE A GRADUATE DIPLOMA OF
APPLIED LAW (COMMERCIAL LITIGATION)

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SUBJECT STREAMS
COMMERCIAL TRANSACTIONS
The Commercial Transactions subjects focus on transactions encountered in legal practice from the
structuring and formation levels through to the completion of the transaction. These subjects are
transferable from state to state. Our experienced lecturers will walk you through the steps of a transaction,
while teaching you drafting and negotiation techniques to ensure you are ready to advise and manage each
legal component of a transaction.
OUR COMMERCIAL TRANSACTIONS
FACULTY INCLUDES:
Andrew Boog
Principal, Austen Brown Boog, NSW Accredited Specialist
(Business Law)
Allan Luu
Adjunct Lecturer, The College of Law and Contract
In-house Counsel
Simone Dixon
Practitioner Education Program Manager
SUBJECTS:
The ability to draft effective, clear, concise and non-ambiguous
contracts is an essential and valuable skill for every
commercial lawyer.
This subject focuses on enabling students to understand how
best to draft, structure and negotiate both pre-contractual
arrangements and commercial contracts; how to analyse,
assess and advise on the effect of both standard and more
complex contractual clauses; and how clauses can be drafted
and/or redrafted to leverage commercial objectives and
manage and minimise risk for the client.
TOPICS INCLUDE:
Formation of contract
The interpretation of contractual terms
Vitiating factors in contract negotiations
Structuring the transaction - getting to the memorandum
of understanding (MoU)
COM1 DRAFTING AND NEGOTIATING
COMMERCIAL CONTRACTS

18
The ability to critically assess the range of structuring
alternatives and advise on the most appropriate option for the
client is a skill that differentiates a competent lawyer from an
exceptional and valuable one.
Walking you through the critical sub-components of typical
transaction structures, this subject will familiarise you with
those structures, and teach you to assess the legal and
commercial effect. Through familiarising you with the logic
underpinning the available options, you will be able to
confidently assess the most appropriate structure in particular
circumstances.
TOPICS INCLUDE:
The transactional lawyer
Corporate and non-corporate structuring options
Investing through trusts
Common transactional structures
Debt in commercial transactions and structures
Security in commercial transactions and structures
Transfer of ownership in commercial transactions
Insolvency in commercial transactions and structures
Legal opinions in commercial transactions and structures
Signing and closing transactions
ASSESSMENT:
Drafting a term sheet, drafting a letter of advice to client and
take home examination.
DATES:
Buying and selling a business is an everyday transaction
for commercial lawyers. Familiarity with the transaction is
required. Ability to more efficiently and more economically
manage the process and achieve the client’s commercial
objectives while minimising risk, is a skill that will differentiate
you from other lawyers.
In this subject, by walking you through the steps in the
transaction, you will gain familiarity with the process but you
will also be taught a sound methodology for avoiding common
and unavoidable errors and more efficiently give effect to your
client’s instructions and manage the process.
TOPICS INCLUDE:
Preparing for sale and purchase: scoping the sale
Commercial considerations and the MoU
The structure of the purchaser and the selling entity
Due diligence
The subject matter of the sale
Property considerations in business sale transactions
Identifying “title” and “clear title” of the business assets
Apportioning the purchase price and financing
the purchase
Drafting and negotiating the asset purchase agreement
Exchange of contracts and pre-settlement considerations
Default, remedies and completion and post-completion
ASSESSMENT:
Addressing the outcomes of a due diligence exercise, drafting
and advising on a Memorandum of Understanding, structuring
a business acquisition, and take-home examination.
DATES:
Semester 1
COM2 STRUCTURING AND FINANCING TRANSACTIONS
COM3 BUYING AND SELLING A BUSINESS
Drafting memorandum of understanding (MoU) and
associated documents
Structuring a contract
Language in drafting
Contract negotiation skills
Termination and exercising termination rights
Drafting and negotiating damages and penalty clauses
Litigation aspects – mediation and expert determination
ASSESSMENT:
Drafting a letter of advice, analysis of a preliminary agreement,
redrafting contractual clauses and take home examination.
DATES:

19
The sale and purchase of a private company is a substantial
project often involving significant time and resources. The
ability to advise and manage the legal aspects of each element
of the transaction as efficiently as possible is a necessary skill
for any commercial lawyer.
This subject will teach you how best to analyse the client’s
needs and provide commercial and legally correct advice by
taking you through the practical steps in the transaction and
providing you with opportunities to test your knowledge in
practical assessment.
TOPICS INCLUDE:
Overview of company law
MoUs: Scoping the sale and commercial considerations
Structuring considerations: Tax and funding the business
Structuring considerations: Entry and exit strategies
Attracting finance and investment
Managing the due diligence process
Determining the necessary agreements
Drafting documentation
Drafting and negotiating key terms of the contract
Finalising the transaction
ASSESSMENT:
Drafting a letter of advice on structuring, financing and scope
of purchaser due diligence, memo to partner and viva voce
assessment.
DATES:
Semester 2
COM4 SALE AND PURCHASE OF PRIVATE COMPANIES

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SUBJECT STREAMS
ESTATE PLANNING
OUR ESTATE PLANNING FACULTY INCLUDES:
Allan Swan
Director, Swan Yii Pty Ltd
Nathan Yii
SUBJECTS:
This subject aims to give students a broad and practical
understanding of the important aspects of Australian
superannuation law, with a particular focus on legal advice and
transactions involving self-managed superannuation funds
(SMSFs). Students will be introduced to the various types of
superannuation funds, including retail, industry, public sector
and small APRA funds.
The subject will cover how funds are regulated, how the
member entitlements are invested, how their income is taxed,
the treatment of contributions to those funds and the payment
and taxation of benefits on retirement or death.
This subject also provides students with an in-depth
understanding of self-managed superannuation fund
(SMSFs), including the regulatory rules on the establishment,
administration and winding up of an SMSF.
TOPICS INCLUDE:
Regulatory framework for Australian superannuation
Establishment and maintenance of SMSFs
Concessional and non-concessional contributions
SMSF real estate – purchase and lease options
Life insurance policies and superannuation
Family Law – SMSFs and family trusts
Life payments to fund members – pension options and
lump sums
Superannuation death benefits
SMSF real estate – retention for the next generation
ASSESSMENT:
Feedback assessment: Review an SMSF deed
40% assessment: Drafting a letter of advice
60% take home exam: Summative, 3 questions
DATES:
Spring Intensive
EP01 SUPERANNUATION INTENSIVE

21
While lawyers are not financial planners, understanding the
financial issues is critical to estate planning. This subject covers
a range of financial planning matters which fall within the ambit
of a solicitor, from business structures to insurance matters.
Students learn how to apply these financial concepts to the
drafting of a client advice and an estate plan.
The subject will cover preparing an estate management plan,
setting up structures to protect the estate, taxation of estates,
protecting the estate from claims, superannuation, insurance,
asset transfer to companies, trustees and other entities and
challenges to estate planning strategies.
The subject will provide an introduction to estate planning
and some of the estate planning tools and strategies that are
available. It will take you through the basics of how to prepare
an estate plan. It covers the legislative and case law governing
the use of discretionary trusts, superannuation and insurance
as estate planning and asset protection tools.
TOPICS INCLUDE:
Introduction to estate planning
Preparing an estate management plan
Structures and asset protection strategies with an
emphasis on the discretionary trust
Social security and special disability trusts
Capacity and substitute decision making
Superannuation – issues arising during the establishment,
accumulation and pension phase of superannuation funds
Superannuation and death
Insurance
Taxation of deceased estates
ASSESSMENT:
Feedback assessment: Review a trust deed and prepare a
file note
40% assessment: Draft a will and a letter of advice
60% take home exam: Summative, 3 questions
DATES:
• Start Date: 21 March 2016
• Census Date: 31 March 2016
• Face-to-face workshop date: 14-17 April 2016
• End Date: 6 May 2016
EP02 LEGAL ASPECTS OF ESTATE AND
FINANCIAL PLANNING INTENSIVE
Coming Semester 2 2016
EP03 Business Succession Planning

22
SUBJECT STREAMS
FAMILY LAW
If you want to move into a specialisation in family law or build your existing family law practice, the family
law subjects will provide the skills and knowledge you need to advance to the next stage. We also offer the
Graduate Diploma of Family Dispute Resolution Practice (FDRP). If you are interested in becoming a registered
Family Dispute Resolution Practitioner, please visit www.collaw.edu.au/fdrp.
OUR FAMILY LAW FACULTY INCLUDES:
Mike Emerson
Principal, Emerson Family Law
Simon Cooper
Barrister, E-Chambers
Clare Dart
Barrister, Family Dispute Resolution Practitioner, Nationally
Accredited Mediator, Family Law Arbitrator
Leanne Francis
Senior Associate, Hall Payne Lawyers
Susan Hamilton-Green
Family Lawyer and FDRP, Intandem Legal Services, Creative
Family Law Solutions, Accredited Specialist (Family Law and
Mediation), AIFLAM, LEADR, VADR
Danielle Jaku-Greenfield
Mediator, lecturer and writer, Sydney Mediation Partnership,
NMAS, Leadr
Ray James
James Associates Solicitors, Adjunct Lecturer, The College of
Law and NSW Accredited Specialist (Family Law)
Debbie Morton
Principal of Morton Family Lawyers, Family Dispute Resolution
Practitioner, Nationally Accredited Mediator and NSW
Accredited Specialist (Family Law)
Doris Matias
Associate Director, Culshaw Miller Lawyers
Graham Quinlivan
Member, Queensland Civil and Administrative Tribunal, QLS
Children’s Committee
Ian Serisier
Barrister
Linda Kochanski
Assistant Professor, Bond University
Glenn Thompson
Partner, Newnhams Solicitors, Accredited Specialist
(Family Law)
Paula Wilkinson
Director, Kim Wilson Co, Accredited Specialist (Family Law),
M. App. Law (Family Law)
Mark Youssef
Partner, Taylor Scott, NSW Accredited Specialist (Family Law),
Specialist Accreditation Advisory Committee Member (Law
Society of NSW)

23
SUBJECTS:
This subject covers aspects of family law concerned with
people, rather than property or financial matters. It covers the
law and practice concerning various aspects of parenting after
separation and the law of divorce.
TOPICS INCLUDE:
Parenting after separation
Understanding the legislative pathway
An introduction to the factors that must be considered
when assessing the best interests of a child
An awareness of the social science research on those
things that benefit and harm children in relation to post-
separation parenting arrangements
Child abuse and family violence
Relocation and child abduction
Variation and enforcement of parenting orders
An introduction to ethical issues in children’s matters
Assessing eligibility for divorce
ASSESSMENT:
Drafting letter of advice, memo and take home examination.
DATES:
Family law clients are often emotionally distressed and many
may be consulting a lawyer for the first time.
This subject covers how to conduct successful first conferences
and how to assess the advantages and disadvantages of a
range of dispute resolution methods. It also equips students
with the analysis skills required to determine the most
appropriate course of action for the client whether it be
commencing proceedings, seeking interim orders or applying
for final orders.
TOPICS INCLUDE:
Considerations to be taken into account in determining
whether to initiate proceedings
Preparing for hearing
Factors impacting on the drafting of interim applications
Determining when interlocutory proceedings
are appropriate
Drafting enforceable final orders
Preparing and presenting a final hearing
Ethical issues
Conducting a first interview
Division 12A and financial proceedings
Interlocutory processes and appeals
ASSESSMENT:
Drafting interim orders, conducting a client interview, drafting
final orders and affidavits in support.
DATES:
Semester 2
This subject deals with property and financial matters such
as spousal maintenance, child support and superannuation
splitting. It covers matters relating to those issues that family
law practitioners would expect to encounter in
everyday practice.
TOPICS INCLUDE:
Conducting the four steps of analysis in section 79 matters
An overview of the ways of finalising a property settlement
agreement, including drafting the various documents
Taxation issues in property agreements and orders
Superannuation splitting
An introduction to child support
Spousal maintenance
Ethics in family property law matters
ASSESSMENT:
Preparing schedule of assets and liabilities, conciliation
documents and take home examination.
DATES:
FLP1 CHILDREN, PARENTAL RESPONSIBILITY
FLP3 CONDUCTING FAMILY LAW MATTERS
FLP2 PROPERTY, MAINTENANCE AND
AND DIVORCE
CHILD SUPPORT
FLP1 CHILDREN, PARENTAL RESPONSIBILITY
FLP2 PROPERTY, MAINTENANCE AND

24
This subject provides a practical and in-depth study of complex
and emerging issues on determining parenthood, parenting
after separation and child protection.
TOPICS INCLUDE:
Division 12A proceedings
The definition of ‘parent’ and assisted reproduction
Assisted reproduction, DNA testing and
determining paternity
The role of, and orders relating to, grandparents and other
relatives in family law disputes
Orders in regard to specific issues, e.g. education, religious
upbringing, children’s surnames
International child abduction – Hague Convention
Expert evidence in children’s matters
State child protection proceedings
Child support
ASSESSMENT:
Drafting letter of advice, memo and draft orders and take
home examination.
DATES:
Semester 2
FLP11 ADVANCED PARENTING ISSUES
“In addition to sharpening my professional
skills, the master’s program has been an
important marketing point of difference
for my business.”
Peter Hooper
Hooper Family Lawyers and Graduate,
The College of Law
This advanced subject examines in-depth issues in complex
property and financial matters, one of the most complex areas
of family law practice.
TOPICS INCLUDE:
Trusts, private companies and partnership interests
Power to bind third parties
Competing claims, creditors and bankruptcy
Setting aside orders and agreements
Cross-border issues in family property law
Property disputes and de facto relationships
Common issues in complex cases
Spousal maintenance
Financial agreements
Child support agreements
Succession and family provision claims
ASSESSMENT:
Drafting letters of advice and take home examination.
DATES:
Semester 1
FLP12 ADVANCED ISSUES IN PROPERTY, MAINTENANCE
AND CHILD SUPPORT
Establishing a legal practice and managing that practice for
growth can be difficult. Practitioners need to manage not only the
business aspects of their practice but also balance the particular
pressures facing many family law clients. This subject equips
students with various methodologies to effectively develop and
manage a family law practice, including business planning.
TOPICS INCLUDE:
Strategic management and business planning
Financial management – pricing, costs, budgets and
productivity
People management – clients, staff and self
Systems and risk management
ASSESSMENT:
SWOT analysis, leveraging activity, memo and business plan.
DATES:
Semester 2
FLP13 DEVELOPMENT AND MANAGEMENT OF A
FAMILY LAW PRACTICE
FLP12 ADVANCED ISSUES IN PROPERTY, MAINTENANCE

25
To provide clients with effective advice a family law practitioner
must have knowledge of the various dispute resolution options
and be able to assess their appropriateness to their client’s
circumstances. This subject exposes students to the full
spectrum of dispute resolution options, including how parties
can resolve their disputes themselves with the assistance of a
third party.
TOPICS INCLUDE:
Less adversarial initiatives
Negotiation
Mediation
Collaborative law
Conciliation and arbitration
Communication skills
Issues of power and culture
ASSESSMENT:
Draft position, interests and agenda for mediation, power
imbalance activity and take home examination, DISC
behavioural style questionnaire.
DATES:
Semester 1
This subject focuses on developing and/or refreshing advocacy
skills used in the Family Court and the Federal Circuit Court
of Australia. A key component of this subject will be the
opportunity to engage in advocacy exercises during intensive
workshop sessions.
TOPICS INCLUDE:
Preparing a case for trial
Rules of evidence in family law matters
Oral evidence in chief
Cross-examination
Oral and written submissions
Reviews, stays and the slip rule
Appellate advocacy
Presenting an interlocutory application
ASSESSMENT:
Draft case outline, cross-examination activity, draft written
submissions and make oral submissions.
DATES:
Semester 1
FLP14 FAMILY DISPUTE RESOLUTION
FLP15 ADVOCACY IN FAMILY LAW
FLP1 Children, Parental Responsibility and Divorce
FLP2 Property, Maintenance and Child Support
FLP3 Conducting Family Law Matters
FLP11 Advanced Parenting Issues
FLP12 Advanced Issues in Property, Maintenance and
Child Support
FLP13 Development and Management of a Family Law Practice
FLP14 Family Dispute Resolution
FLP15 Advocacy in Family Law
APPLIED LAW (FAMILY LAW)

26
SUBJECT STREAMS
IN-HOUSE PRACTICE
The In-house Practice subjects aim to assist both private practitioners who want to move in-house to
develop the skills needed, and those already in-house to work more effectively in their role. This program
focuses on the commercial aspects of being an in-house lawyer. The law is covered, but always in the
context of the commercial realities faced by in-house counsel.
OUR IN-HOUSE PRACTICE
FACULTY INCLUDES:
Tony Cahill
Legal author and commentator
Allan Luu
Adjunct Lecturer, The College of Law and
Contract In-house Counsel
Chris Woodforde
Principal, Bridgewater Strategies
Therese Linton
Adjunct Lecturer, Principal Consultant and published author,
The College of Law, Sydney University, The BASALT Group
Craig Smith
Adjunct Lecturer, The College of Law and Lecturer, Queensland
University of Technology
“I chose the Masters to assist in my transition from private
practice to in-house and to develop a range of practical skills
applicable to all in-house lawyers.”
Alicia Burgemeister
Legal Counsel and Policy Manager, Adelaide Airport Limited and
Graduate, The College of Law

27
This core subject has been developed as a direct response to
the increasing number of in-house corporate and government
roles and in recognition of the unique environment in which
corporate and government lawyers must discharge their legal
and professional obligations.
Corporate and government employers and their in-house
lawyers are increasingly concerned with governance issues.
Serving the interests of just one client brings both opportunities
and tensions.
This subject aims to prepare you, as an in-house lawyer,
to meet challenges to your professional independence
and integrity. As a corporate or government lawyer, with
professional qualifications, training, experience and ethical
commitment to serving the public interest in the administration
of justice, you can offer far more than simply providing legal
advice. You can influence good governance and compliance in
their organisation.
TOPICS INCLUDE:
Acting in the private and public sectors
Challenges for in-house lawyers – balancing role as
facilitator against role as guardian
Drafting effective reports, advices and other
communications in an in-house environment
Understanding the role of the director and the board
Understanding corporate governance and risk
management
Balancing your role as facilitator against your compliance
obligations
Managing your own risk – limiting your liability if something
goes wrong
Understanding professional duties; maintaining
confidentiality and privilege
Recognising conflicts of interest and duties; complying with
statutory requirements
Briefing out: an introduction to outsourcing external
lawyers; managing the relationship and costs
ASSESSMENT:
Drafting exercises and a take home examination.
DATES:
This subject prepares you to deal with the various ways in
which an in-house lawyer may be called upon to represent
the interests of the company or government in dispute
management (including litigation), and in other contexts
which require negotiation skills. It also examines some of the
practicalities of managing both internal and external disputes,
complaints handling and discovery.
TOPICS INCLUDE:
Advising on strategies to manage risks and disputes
Setting up complaint handling and dispute
resolution processes
Developing effective email and technology use policies
Legal Services Directions and the Freedom of
Information Act
Managing documents and the litigation process
Resolution of disputes by alternative means
ASSESSMENT:
Developing a complaints handling process, completing a report
and recommendations and participating in a mediation
DATES:
Semester 2
The in-house lawyer plays an important role in creating,
developing, commercialising and protecting the organisation’s
property, both real and intellectual. The subject provides
you with the relevant knowledge and skills to perform this
important function and covers the process of managing
property rights, as well as contract management in the public
and private sector.
TOPICS INCLUDE:
Dealings in real property
Managing and protecting IP rights
Commercial transactions including due diligence
Managing contracts
Managing the relationship with external advisors
ASSESSMENT:
Drafting a memo of advice and reports.
DATES:
Semester 1
IHP101 ADVISING IN-HOUSE
IHP102 MANAGING DISPUTES
IHP103 MANAGING PROPERTY RIGHTS

28
The in-house lawyer is frequently tasked with a dual role
as Company Secretary. Developing core governance
competencies is an integral part of this role, particularly in
the light of corporate collapses and inquiries which have
highlighted the effects of poor corporate governance within
organisations. This subject aims to equip students with the
knowledge and skills necessary to effectively discharge the
duties of Company Secretary.
TOPICS INCLUDE:
Understanding and balancing the role of the in-house
lawyer as Company Secretary
Managing the relationship with the Board and complying
with corporate governance obligations such as
reporting obligations
Performing administrative functions including conducting
company meetings
Not-for-profit and government organisations
Assessing performance
ASSESSMENT:
Drafting activities - compliance issues, updating company
registers and preparing for an AGM.
DATES:
Semester 1
Senior management will usually judge the legal team on its
contribution to the organisation’s key objectives. To achieve
this outcome, the legal team’s technical legal skills must be
supported by effective management. This subject deals with
the principles of legal practice management in a corporate or
government context and covers some of the knowledge and
skills required to manage a legal team.
TOPICS INCLUDE:
The in-house legal team and the organisation
understanding and communicating the
value proposition
Leading the in-house legal team – managing strategy
and structure
Managing the budget, the people and crises
Selecting and managing external lawyers
ASSESSMENT:
Drafting a business plan and explanatory notes, briefing paper
and presentation, appointing external lawyers, developing
selection criteria and template and drafting a selection report.
DATES:
Semester 1
Many in-house lawyers will work for an organisation that has
dealings outside Australia. The in-house lawyer must be able
to deal with the international implications of many commercial
and compliance issues. This subject aims to prepare students
to work in a vast array of environments and with a vast array
of issues that are beyond their training and experience in their
home jurisdiction.
TOPICS INCLUDE:
The in-house lawyer as the “new statesperson” and
working under the rule of law
Managing legal services in the international context –
differences in regulation, culture, legal business systems
Managing the supply of multi-national legal services
Cross-border trade, jurisdiction and legal issues
Applying practical legal skills in an international context
Managing an international transaction
ASSESSMENT:
Drafting reports and providing advice on key issues relating to
a global expansion, launching a new product in new markets
and product liability.
DATES:
Semester 2
IHP111 ACTING AS A COMPANY SECRETARY
IHP112 MANAGING THE LEGAL TEAM
IHP114 THE IN-HOUSE LAWYER OPERATING
IN THE GLOBAL CONTEXT

29
The in-house lawyer is often seen as the “corporate
conscience”, assisting senior management and the board to
direct the corporation down the right path – particularly under
the pressures of business competition or politics.
This subject builds upon material in the previous subjects,
placing greater emphasis on the role of the in-house lawyer in
legal compliance and risk management processes, to enable
students to fulfil their role as “corporate conscience”.
TOPICS INCLUDE:
Managing risk and corporate governance, including
developing appropriate risk and compliance frameworks
Managing compliance programs and
communications strategies
Understanding and implementing risk
management strategies
Dealing with insurance
Understanding risk in the public sector
ASSESSMENT:
Drafting a memo of advice and preparing a risk analysis, risk
management plan, compliance program and communications
strategy.
DATES:
Semester 2
The primary objective of this subject is to introduce
students to the concepts of project management and to
provide concepts that can be applied to legal work when
appropriate.
An in-house lawyer must be able to work with executives
and managers at different levels in the organisation. Often,
the in-house lawyer in the public and private sectors will be
part of a larger project team or required to coordinate or
advise on projects involving internal and external resources.
Using a major infrastructure project as the case study, this
subject builds upon material in the core subjects, particularly
IHP101, but with a greater emphasis on the role of the
in-house lawyer as a critical member of or key adviser to a
project team.
TOPICS INCLUDE:
The project life cycle
Project delivery methods and structures
Managing project risk
Specifying project requirements and dealing with
contractual issues
Dealing with problems and disputes
ASSESSMENT:
Selecting project delivery methods, providing advice on
contractual problems and managing a complex project crisis.
DATES:
Semester 2
IHP115 MANAGING LEGAL COMPLIANCE AND RISK
IHP116 MULTI-DISCIPLINARY PROJECT MANAGEMENT
IHP101 Advising In-House
IHP102 Managing Disputes
IHP103 Managing Property Rights
IHP111 Acting as a Company Secretary
IHP112 Managing the Legal Team
IHP114 The In-House Lawyer Operating in the Global Context
IHP115 Managing Legal Compliance and Risk
IHP116 Multi-Disciplinary Project Management
APPLIED LAW (IN-HOUSE PRACTICE)
IHP116 MULTI-DISCIPLINARY PROJECT MANAGEMENT

30
SUBJECT STREAMS
PROPERTY LAW
The Property Law subjects are suitable to both property and non-property lawyers of all levels of experience.
The core focus is to equip students with the ability to analyse and better manage property transactions of all
types. The subject also focuses on how to address and resolve the more complicated issues that regularly
arise for property law practitioners. The specialised areas that are covered include: shared title, commercial
leasing transactions and financing property transactions. In addition the core components of property law
practice of buying and selling real property, e-conveyancing, ethics and an analysis of complicated property
law concepts are also covered.
The Property Law subjects will benefit lawyers who are: moving from a different area of legal practice to
property law; want to increase the confidence with which they approach their property practice and their
clients; or want to increase their knowledge in a specialised area of property practice.
This course is tailored to New South Wales and Queensland legislations, policies and procedures.
OUR PROPERTY LAW
FACULTY INCLUDES:
Simone Dixon
Practitioner Education Program Manager
Tony Cahill
Legal author and commentator
Dr Michael Nancarrow
Senior Lecturer, CQUniversity
Jillian Osborne
Sole Practitioner, Jillian Osborne Lawyer, NSW Accredited
Specialist (Property Law)

31
While we all remember property law from law school, your
undergraduate property course was probably limited to basic
everyday scenarios rather than more complex concepts. This
subject will enable you to test your existing understanding
of key concepts and build and extend your existing skills in
property law through practical assessment based on real life,
but more complex, fact scenarios.
This subject is recommended particularly for practitioners who
are moving from one area of legal practice into property law.
TOPICS INCLUDE:
The different kinds of interests in land
Old system title
The Torrens system
Co-ownership
Easements
Covenants
Crown land
Adverse possession
Native title
Caveats
Rural land
ASSESSMENT:
Written advice to client and take home examination.
DATES:
Semester 1
Core to this subject, is the analysis and demonstration of the
negotiation, communication, drafting and project management
skills essential to all property lawyers to effectively act on a
property transaction. In addition, this subject provides the most
up to date information in an area of law that is currently facing
many changes, particularly in regard to e-conveyancing and the
2014 Contract for the Sale and Purchase of Land.
This subject will take you through a sale and purchase of land
transaction from its inception to its completion and give you
the opportunity to test your ability to apply what you’ve learned
through practical assessment.
TOPICS INCLUDE:
Acting in real estate transactions: the overriding
considerations
Options and other preliminary agreements
The formation of the Contract for Sale of Land
The standard Contract for Sale of Land
Drafting and negotiating the contract for sale of land
From exchange of contracts to completion
Completion and post-completion
Default of contract and remedy
Rural transactions
ASSESSMENT:
DATES:
Commercial leasing transactions can be major transactions to
negotiate and to manage with multiple parties involved. They
can also be small transactions with two parties only.
At the end of this subject you will be familiar with all forms of
commercial leasing transactions and the common avoidable
errors inherent in leasing. In addition, through participating in
practical activities and assessment, you will build and extend
your existing drafting and negotiation skills and your expertise
and value to clients in this area.
TOPICS INCLUDE:
Leases – the type of interest in land
Acting in commercial lease transactions
Heads of agreement, agreements for lease and other
preliminary agreements
Drafting leases
Advising on and negotiating leases
Acting in retail lease transactions
Assignment of leases and subleases
Lease options and incentives (PPSA)
Termination or surrender of leases
Remedies in leasing
ASSESSMENT:
Written advice to client and take home examination
DATES:
Semester 2
PROP1 /QPROP1 ASPECTS OF LAND OWNERSHIP
PROP2 /QPROP2 BUYING AND SELLING REAL PROPERTY
PROP3 / QPROP3 COMMERCIAL LEASING,
CONTRACTS AND TRANSACTIONS
PROP1 /QPROP1 ASPECTS OF LAND OWNERSHIP
PROP2 /QPROP2 BUYING AND SELLING REAL PROPERTY
PROP3 / QPROP3 COMMERCIAL LEASING,

32
Whether you are working for developers or your clients are
residential purchasers, knowledge and expertise in the growing
area of Shared Title is a necessary addition to a property
lawyer’s skill set.
Shared title arrangements are an increasingly common and
complicated form of land ownership and a growing area in
property law practice. At the end of this subject students will
be able to advise developers on the different types of shared
title arrangements available and the way in which these
arrangements are governed and managed. In this subject
emphasis is placed on equipping students with the ability to
advise clients on an off the plan contract with confidence and
with the ability to identify the critical issues in these contracts.
TOPICS INCLUDE:
Describing shared title arrangements
Shared title concepts
Subdivision Governance: easements, rights of way,
covenants, by-laws, management statements
Strata leasehold, part building strata, stratum lots
Community schemes
Deciphering the strata provisions in the Contract for
Sale of Land and drafting special conditions
Acting in “off the plan” sales
Advising a purchaser in an “off the plan” purchase
Disputes in shared title
ASSESSMENT:
Written advise to client and advise to client on an off the plan
contract.
DATES:
Semester 1
Virtually every property transaction involves a financing
element. The ability to advise a client on the suitability of a
financing structure and financing documentation is an essential
skill for a lawyer wishing to provide a complete service to their
clients in property transactions.
This subject takes you from the Letter of Offer to completion
of the transaction, and explains each step in the process.
Assessment in the subject is designed to equip you with
immediately relevant and applicable skills.
TOPICS INCLUDE:
Finance and securities
The letter of offer structuring the transaction
Land as security: mortgages
The transaction documents
Drafting the transaction documents
Due diligence
Negotiating the transaction documents
Consumer lending
Mezzanine lending and equity financing
Default and remedies
ASSESSMENT:
DATES:
Semester 2
PROP4 / QPROP4 SHARED TITLE
PROP5 / QPROP5 FINANCING PROPERTY TRANSACTIONS
PROP4 / QPROP4 SHARED TITLE
PROP5 / QPROP5 FINANCING PROPERTY TRANSACTIONS

33
SUBJECT STREAMS
WILLS ESTATES
The Wills Estates subjects are the first of their kind, designed for national coverage of the law and
practice of wills and estates. There is a strong focus on the practical aspects and with addressing the issues,
and the skills required to deal with those issues, that practitioners working in this area face every day.
All subjects include NSW, Queensland or Victoria specific content. Practitioners from NSW, Queensland and
Victoria with extensive experience in the area teach students enrolled in each state, ensuring that you are
learning from experts with specific experience in your jurisdiction.
OUR WILLS ESTATES
FACULTY INCLUDES:
Renee Bennett
Partner, wilson/ryan/grose Lawyers, Accredited Specialist
(Succession Law), Committee Member, Queensland Law Society
Succession Law Specialist Accreditation Advisory Committee
Marie Brownell
Perpetual
Angela Cornford-Scott
Cornford-Scott Lawyers Pty Ltd
Natalie Darcy
Legal Officer, NSW Trustee and Guardian, NSW Accredited
Specialist (Wills and Estates)
Leonie Englefield
Barrister, Isaacs Chambers
Martin Gorrick
Barrister, Frederick Jordan Chambers
Ramena Kako
Barrister, 13th Floor Wentworth Selborne Chambers, TEP
Ines Kallweit
McKean Park Lawyers
Richard McCullagh
Legal Director, Patrick McHugh Co.
Jennifer McMillan
Lecturer, The College of Law and Member, Guardianship
Tribunal, NSW Civil and Administrative Tribunal
Carolyn Sparke QC
Barrister
Allan Swan
Richard Williams
MA (Cambridge), TEP, Barrister, Roma Mitchell Chambers,
Brisbane
Nathan Yii

34
This provides an introduction to the law and practice of wills
for students, whether or not they have studied succession at
law school. It identifies and analyses the nature of succession
law and practice, as well as the relevant legal materials. It
covers the legislative and case law requirements governing the
validity of wills, as well as taking the testator’s instructions and
assessing testamentary capacity.
There is also an introduction to the skill of drafting valid wills
and the method of execution.
TOPICS INCLUDE:
The nature of succession law
Legal materials in succession law
Proof of death and burial
Ethics, professional responsibility and liability
Testate succession: formal requirements for a valid will
Taking instructions for drafting a will
Assessing the client’s capacity
Advising on a client’s testamentary intentions; introduction
to family provision
Drafting an effective will, including the proper use
of precedents
Codicils executing the will, post-execution procedures
ASSESSMENT:
Drafting a will, a letter of advice to client and a take-home
examination.
DATES:
WEP1 LAW AND PRACTICE OF WILLS
“The major benefit of the program for me is the increased
knowledge gained, thereby allowing me to be confident in
the quality and value of my advice to clients.”
Louise Dix
Higgins Dix Lawyers and Graduate, The College of Law
www.step.org
The subjects in our Wills Estates stream have been approved as an educational pathway to membership
in STEP. Membership in STEP gives our students recognition as a trust and estate practitioner with the
post nominal TEP and access to a network of professionals and educational events and opportunities.
STEP is a worldwide professional association for practitioners dealing with family inheritance and
succession planning. STEP has 19,500 members across more than 80 countries from a broad range of
professional backgrounds, including lawyers, accountants, trust specialists and other practitioners.

35
Building on WEP1, this subject is designed to enable students to
identify, analyse and apply the principles and rules relating to
the construction of wills, especially as they relate to potentially
contested estates. It enables students to construe and advise
clients on complex issues arising from wills, as well as to
enhance further their skills in drafting more challenging wills
provisions.
TOPICS INCLUDE:
The court of construction
Construction suits
General principles of construction
Specific rules of construction
Admissibility of evidence in the construction of a will
Construing gifts
Equitable doctrines in the construction of a will
Lapse of gifts
Issues in advising on estate planning
Drafting issues – testamentary trusts
Drafting issues – blended families and
vulnerable beneficiaries
ASSESSMENT:
Drafting a complex will, a letter of advice and a take home
examination.
DATES:
Semester 2
This subject covers the principles involved in the administration
of estates. It identifies and enables students to apply the
legislative provisions relating to testate and intestate estates.
It covers the procedural steps for obtaining grants of
administration, while taking client instructions and providing
appropriate advice to the client. Students draft applications
for grants of probate and letters of administration, as well as
administer assets and wind up the estate.
TOPICS INCLUDE:
Grants of probate and letters of administration
Intestate succession
Administration without a grant
Obtaining instructions for grants
Applying for grants of probate and letters of
administration and for resealing
Liability of the legal personal representative
Administration of assets
Costing and finalising estates matters
Managing a wills and estates practice
ASSESSMENT:
Preparing the documents to seek appropriate grants,
distribution and transmission and a viva voce examination.
DATES:
Semester 1
WEP3 CONSTRUING AND DRAFTING WILLS
WEP2 LAW AND PRACTICE OF ESTATES
This subject comprehensively deals with the application of the
family provision legislation, which now underlies all aspects
of will drafting and estate administration. It covers issues of
eligibility and the grounds for applying, as well as maintenance,
education and advancement in life and the types of orders and
evidence required.
It also deals with the drafting of the court application
and issues involved in the mediation and settlement of
proceedings.
TOPICS INCLUDE:
Moral claims – the relationship between family provision
legislation, testamentary freedom and forced inheritance
History and role of family provision legislation
Eligibility to make an application
Commencement of proceedings
Maintenance, education and advancement in life
Interlocutory injunctions and interim orders
Types of orders
Evidence
Special and complex issues
Release of rights and compromise
Self-managed superannuation funds and family provision
Mediation and settlement of proceedings
ASSESSMENT:
Draft an application and affidavits for a family provision order
and viva voce mediation exercise.
DATES:
WEP4 FAMILY PROVISION

36
This subject enables students to understand and apply
the principles in relation to a range of issues which arise in
contested and special grants. It covers the procedures and
evidence required for a grant in solemn form, interim and
limited grants, revocation of grants, informal and lost wills,
assessment of testamentary capacity, the payment of debts
and the passing of property. It also deals with costs and estate
accounts and commission.
TOPICS INCLUDE:
Caveats
Applications to impugn the essential validity of a will
Solemn form and common form grants; revocation
of a grant
Interim and limited grants – substantive law
Interim and limited grants – procedure and
drafting considerations
Lost wills
Informal wills
Statutory will applications – substantive law
Statutory will applications – procedure and preparation
Costs, commission and passing of accounts
ASSESSMENT:
Drafting exercise, including affidavits and viva voce
examination.
DATES:
WEP5 CONTESTED AND SPECIAL GRANTS

37
This subject focuses on a series of advanced issues in wills
and estates practice and administration, which are less often
encountered in practice. It also provides students with the
opportunity to provide client advice on these issues and draft
the documentation required.
TOPICS INCLUDE:
What is testamentary succession?
Testamentary contracts
Estoppel and will making
Testamentary trusts
Particular types of gifts
Particular types of beneficiaries
Insolvent estates
The forfeiture rule
Delegation of testamentary power
Wills and estates under foreign law
ASSESSMENT:
Advice, distribution plan and take home examination.
DATES:
Semester 1
Elder Law is a unique area of practice growing in significance
with the increased ageing of Australia’s population. It
encompasses a wide range of legal issues which are relevant
to an elder person from accommodation to social security. This
subject introduces students to legal issues which may arise
when advising older people and their carers. It also enables
students to develop their skills in researching the benefits
available to support the elderly.
TOPICS INCLUDE:
Introduction to regulatory framework
Elder law disputes
Capacity
Delegation of authority
Discrimination
Accommodation
Carers
Financial issues
Liability issues
Elder law life and death
ASSESSMENT:
Drafting a letter of advice and a viva voce examination.
DATES:
• Start Date: 11 July 2016
• Census Date: 20 July 2016
• Face-to-face workshop date: 4-6 August 2016
• End Date: 26 August 2016
WEP6 ADVANCED ISSUES IN WILLS AND ESTATES
WEP7 ELDER LAW INTENSIVE
WEP1 Law and Practice of Wills
WEP2 Law and Practice of Estates
WEP3 Construing and Drafting Wills
APPLIED LAW (WILLS ESTATES)
WEP4 Family Provision
WEP5 Contested and Special Grants
WEP6 Advanced Issues in Wills and Estates
WEP7 Elder Law
WEP8 Legal Aspects of Estate and Financial Planning

38
ENROLMENT
INFORMATION
LLM (APPLIED LAW)
MASTER OF APPLIED LAW (FAMILY LAW)
GRADUATE DIPLOMA OF APPLIED LAW
SINGLE SUBJECTS
ENROLMENT DATE
Applications should be received by the Monday before the
semester starts. Late applications can be accepted but there
may be a short delay providing access to the learning portal.
APPLICATIONS AND ENROLMENTS
To be admitted to any award program, please complete the
enclosed Application for Enrolment Form and send it to the
College with your payment along with certified copies of:
Academic transcript or graduation certificate (LLB, JD or
Diploma in Law);
specialist accreditation certificate, Graduate Diploma
of Legal Practice or other postgraduate qualification or
academic transcript, if applying for credit or advanced
standing; and
proof of name change (if applicable).
If you are enrolling in a single subject on a non-award basis,
you are not required to submit this documentary evidence.
SUBJECT FEES
The 2016 subject fee is $2,790 (GST exempt). The College’s fees
are reviewed annually and may be varied during your period
of study.
PAYMENT OPTIONS
Fees must be paid in full for all subjects at the time of
enrolment each semester. Payment may be made by
cheque, EFT or credit card. Australian citizens and holders of
permanent humanitarian visas may elect to defer their tuition
fee payment through the Commonwealth Government’s
FEE-HELP scheme. If you elect to pay with FEE-HELP, you must
include a completed Request for FEE-HELP Assistance Form
with your completed Application and Enrolment Form. The
FEE-HELP information booklet and form are available from
Client Services on 1300 506 402 or email: alp@collaw.edu.au
FEE-HELP is not available if you are studying a single subject on
a non-award basis. For further details, please visit
www.studyassist.gov.au
WITHDRAWALS, DEFERRALS AND REFUNDS
If you enrol and become aware of a circumstance which will
prevent you from completing the semester, you may withdraw
before the Census Date.
Notice of withdrawal in writing via the withdrawal request
form must be received by the College on or prior to the
Census Date. Refunds will not be made after the Census Date,
other than in exceptional circumstances and at the College’s
discretion. Where a refund is made a $200 administration
charge per subject will apply.
If you have applied for FEE-HELP assistance, you may withdraw
from the Program on or prior to the Census Date without
incurring a Commonwealth debt. The College will charge an
administration fee of $200 per subject. After the Census Date,
you become liable to repay the tuition fee via the tax system.
(See the FEE-HELP information booklet or visit
www.studyassist.gov.au).
SEMESTER 1: 7 MARCH 2016
CENSUS DATE: 31 MARCH 2016
SEMESTER 2: 8 AUGUST 2016
CENSUS DATE: 1 SEPTEMBER 2016
Semester start dates:

39
If you do not withdraw before the Census Date, you may apply
to defer your studies, meaning that you will complete your
studies in another semester. You will not receive a refund and
if you have applied for FEE-HELP assistance you will incur a
Commonwealth debt in the semester in which you originally
enrol. However, you will not be required to pay an enrolment
fee again when you return to study. If the subject fee has
increased, you will need to pay the difference. Applications to
defer must be received within two weeks of the Census Date.
APPLICATION CHECKLIST
Certified hard copy of official academic transcript or
graduation certificate (LLB, JD, DipLaw)
Payment or FEE-HELP form
Application for Recognition of Prior Learning, if applying
for advanced standing
Specialist accreditation certificate, Graduate Diploma of
Legal Practice or any other postgraduate transcript or
qualification, if applying for advanced standing
Proof of name change (if applicable)
If you have any further questions, please contact:
APPLIED LAW PROGRAMS
Phone: 1300 506 402
Email: fdrp@collaw.edu.au
Please send your completed Application and
Enrolment Form and accompanying
documentation to:
CLIENT SERVICES
The College of Law, Level 16, 111 Elizabeth Street
Sydney NSW 2000 or DX 838 Sydney
Further Questions
How to enrol
Online Enrolment System
Coming soon
DOWNLOAD THE 2016 APPLICATION FORMS

Contact Us
Please contact our Client Services
team to find out more.
Phone:
From Australia:
1300 506 402
8am - 5pm (AEST)
Website:
collaw.edu.au/alp
Email:
alp@collaw.edu.au
Find us on
The information provided in this handbook was correct at the time of publication - November 2015. Please check our website at www.collaw.edu.au/alp for the most up-to-date information.

2016 Postgrad Applied Laws Handbk

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