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 introduces you to topics and specialised situations relevant to business law. You will learn specific practical skills including analysis, drafting and writing of transactional documents relevant to business law practice. These skills and knowledge are also applied in the context of complex business and commercial transactions.

Topics
  • Trusts and unit-holder agreements
  • Revenue Law
  • Franchising
  • Finance, Securities and Guarantees
  • Introduction to Intellectual Property
  • Emerging issues in business law practice

BLP2 COMPETITION AND CONSUMER LAW

This subject provides you with key areas of knowledge and skills in the area of competition and consumer law. You will examine the protection available under Competition and Consumer Act 2010 (Cth) as well as Australian Securities and Investments Commission Act 2001.

Topics
  • Misleading and deceptive conduct
  • Unconscionable conduct
  • Unfair contract terms
  • Unfair sales techniques
  • Consumer guarantees for goods and services and product safety
  • Remedies: passing off
  • Emerging issues in business law practice

BLP3 BUYING AND SELLING A BUSINESS

This subject focuses on the acquisition of a business by way of acquisition of the assets of the target business from the perspective of both the buyer and seller. Transactions of all sizes and complexities are considered.

Topics
  • Preliminary issues
  • Preliminary agreements
  • Due diligence
  • Understanding documentation
  • Drafting and negotiating an asset purchase agreement
  • Subject matter of a purchase
  • Completion
  • Dispute resolution and remedies

BLP4 EMPLOYMENT LAW

This subject provides you with the key areas of knowledge and skills in employment law. It takes a high-level view of the critical concepts in employment law and examines common scenarios. You will identify different employment relationships focusing on ways to prevent breaches and minimise liability.

Topics
  • The different types of employment
  • Formation of employment contracts
  • The rights, duties and responsibilities of employers and employees
  • Breaches of employment contracts
  • Termination of employment contracts
  • Remedies in employment disputes for employers and employees
  • The dispute resolution process of the Fair Work Commission

BLP5 BUSINESS RISK MANAGEMENT

This subject considers the key concepts in risk management, and apply these concepts in the analysis and management of common risks that the client may face. It provides enhanced insights into risk, risk identification, risk management and risk mitigation and considers the practical approaches, focused techniques and relevant practices that can be applied in this area.

Topics
  • Introduction to business risk management
  • Compliance
  • Contracts
  • Workplace health and safety
  • Information technology risk exposure
  • Asset protection
  • Intellectual property rights
  • 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
  • Identify and explain to specialist and non-specialist audiences the key legal principles
  • Governing the formation of contracts
  • Effective client interviewing skills to ensure that a client provides all information critical to the contractual terms
  • Drafting readable documents such as Memorandum of Understanding (MoU) and contracts that integrate correct structure, clear language
  • Risk management and achieve clients' commercial objectives in a range of contexts
  • The appropriate use of boilerplate
  • Clauses and precedent documents when drafting a contract
  • Effective negotiation techniques

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 oral communication

 

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

 

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