Business Law and Transactions

Business Law and Transactions

ABOUT BUSINESS LAW AND TRANSACTIONS

The Business Law and Transactions major canvasses the current issues  critical to the day-to-day life of practitioners in this area.

Core understanding of the issues arising in transactional and non-transactional matters is developed focusing on the skills necessary for providing legal services, advice and consultancy on legal issues that impact businesses.

 

COURSE DETAILS

BLP1 - Foundations Of Business Law

This subject aims to advance on your foundational knowledge towards a specialised and integrated understanding about Business Law Practice. You will examine different types of business structures and agreements, consider specific issues that arise in business law practice, and conclude with a consideration of emerging issues.

Topics
  • Business structures and agreements for business structures
  • Operational issues and taxation
  • Insolvency and bankruptcy
  • Financing business structures
  • Intellectual property
  • Emerging issues in business law practice
BLP2 - Competition And Consumer Law

The ability to understand the key concepts of competition and consumer law is one of the key skill sets required of a commercial lawyer, whether this is from the perspective of the consumer seeking redress or that of the business facing a consumer claim. This practice-based LLM subject will consider and apply key concepts for determining courses of action in competition and consumer law matters.

Topics
  • Misleading and deceptive conduct
  • Passing off
  • Unconscionable conduct
  • Unfair contract terms
  • Unfair sales techniques
  • Consumer guarantees for goods and services and product safety
  • Remedies
BLP3 - Buying and selling a business

This subject focuses on the acquisition of a business by way of acquisition of either: 
the assets of the business, or  
the shares of the business.  
A business acquisition covers a broad spectrum of transactions. The transaction could be as simple as the acquisition of one single business asset, such as its single parcel of freehold real estate or one piece of its plant and equipment, or it could encompass every identifiable asset of the business to allow the business to be operated as a going concern once the shares or units of the legal entity are bought. This subject considers transactions of all sizes and analyses both complex acquisitions and smaller acquisitions. 

Topics
  • Determining the investment vehicle
  • Preliminary agreements
  • Due diligence
  • Transaction documents
  • Negotiating the deal
  • Matters to consider
  • Drafting the transaction documents
  • Legal opinions and completion
BLP4 - Employment Law

Employment law is one of those legal subjects that is useful even if you do not eventually end up practising in the area. All of us are likely going to be employed, employ others or manage others in the course of our professional lives. Increasingly, the personal exposure for those involved in the employment relationship means employers are looking for ways to prevent legal breaches and minimise liability, including looking at how their employees interact with others. This subject takes a high-level view of the critical concepts in employment law and examines common scenarios.

Topics
  • Employment vs other relationships
  • Employment contracts
  • Duties of employers and employees
  • Liability for employee actions
  • Employment entitlements
  • Management of employees
  • Termination of employment
  • Employment litigation
BLP5 - Business Risk Management

This subject will consider the key concepts in risk management, and apply these concepts to analyse and manage common risks that the client may face. Specifically the subject will:
identify and explore the key concepts that structure and frame risk management
explain practical approaches to applying the key concepts, and enable students to apply specific techniques and practices so they can implement appropriate risk management strategies in their work.

Topics
  • Introduction to business risk management
  • Compliance
  • Work health and safety
  • Contracts
  • Asset protection
  • Intellectual property rights
  • Information technology risk exposure
  • Insurance as a tool
BLP6 - Drafting Commercial Documents

The ability to draft effective, readable, unambiguous contracts is an essential skill for every commercial lawyer. This practice-based subject advances on the key knowledge and skill required when negotiating and drafting commercial contracts.

Topics
  • Contract principles
  • Interpretation of contractual terms
  • Drafting elements
  • Specific contractual situations
  • Drafting and negotiating damages an indemnity clauses
  • Drafting preliminary agreements
  • Termination
  • Contract negotiation skills
BLP7 - Business Structures and Taxations

In commercial transactions, the ability to critically assess the range of structuring alternatives and advise on the most appropriate option for the client is essential. In this subject, each element of a commercial transaction is deconstructed and discussed. It is the exceptional transactional lawyer that is able to advise the client on each of these structural elements.

Topics
  • The role of the transactional lawyer
  • Ways in which the transactional lawyer can add value to the transaction
  • The critical aspects, advantages and disadvantages of the different types of entities that can be used in a financial transaction
  • Structuring options available
  • Issues that can arise in selecting an appropriate entity and structure describe alternative financing structures
  • Elements of typical transactions, and advise clients on the legal effect and the commercial rationale for each element
  • Legal issues in commercial transactions where a legal opinion may be required
  • How to plan, document and deliver transactions in an effective, efficient and ethical manner
  • Management of the transaction process, including signing and closing
BLP00 - Capstone Project (Business Law)

The Capstone Project is taken as your final subject, as a culmination of the knowledge and skills attained throughout your major. It will allow you to demonstrate your skills in a specialist practice area using real-life scenarios and case studies.

Throughout the intake, 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.

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.

The subject has four components:

  • Four short answer questions
  • Two legal writing samples
  • Oral communication (e.g. client interview) assessment held through online conferencing
  • Reflective analysis of performance

 

Advisory Board

Andrew Boog Principal Austen Brown Boog Solicitors, Accredited Specialist (Business Law)

Sara Brooks Senior Competition and Consumer Lawyer, Woolworths

David Cosgrave General Counsel, Sports Drug Testing International

Paul Gibney Partner, Gibney and Gunson, Accredited Specialist (Property Law and Business Law)

Kate Haddock Partner, Banki Haddock Fiora

Ursula Hogben Co-founder & General Counsel, Legal Vision

Philip Ware General Counsel, Stanwell

 

Teaching Staff

Andrew Boog Principal Austen Brown Boog Solicitors, Accredited Specialist (Business Law)

Steven Brown Chairman, Etienne Lawyers

David Cosgrave General Counsel, Sports Drug Testing International

Danny King Principal, Danny King Legal

Kendall Odgers Special Counsel, New South Lawyers

 

Further reading

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