Students may not study both Principles of Construction Law and Construction Law. This subject differentiates the most prominent dispute resolution methods, including traditional litigation, arbitration (in its many forms, including international commercial arbitration negotiation) and mediation (also in its many forms, including partnering, mini-trials and dispute resolution coordinators). The relationship between contracts, awards and agreements. civil engineers, architects, mechanical engineers, holders of business degrees, lawyers, industrial engineers and commercial lawyers, who wish to develop their management skills. Gain specialised knowledge It focuses on building in-depth knowledge of specific aspects of construction. Statute became the central and dominating form of regulation of rights and obligations. Every year, about half of the value of construction activity in Australia relates to the construction and renovation of dwellings. Course structure. The approach is comparative. Subjects are offered from February to December each year. 76 degrees at 48 universities in the UK. This subject aims to provide students with a detailed understanding of the contractual procedures for payment and associated issues such as set-off. Ab sofort läuft die Anmeldefrist für den Durchgang WS 2021/22. The subject will have a particular focus on negotiations in cross-border settings. How PPP policies fit within the broader government policy framework for investing in and managing infrastructure assets. There are few spheres of economic activity that are not subject to some form of regulatory oversight and control. This professionally accredited LL.M. The Master of Construction (Construction Law) degree is unique. The exploitation of mineral and petroleum resources involves substantial risk. Die Dauer des Studiums ist abhängig vom jeweils gewählten Programm. It provides an opportunity to understand how to efficiently conduct construction dispute procedures in various Australian courts, arbitration (both domestic and international) and expert determination. Employment contracts have been a major source of litigation in recent years, with some cases leading to very large payouts. After many years in practice as a construction law barrister, the Hon Peter Vickery QC served for 10 years as a Justice of the Supreme Court of Victoria, including as the Judge-in-Charge of the Court’s Technology, Engineering and Construction List. The University of Sydney's Master of Laws (LLM) program is one of the leading postgraduate coursework programs in law in Australia. Master of Laws (LLM) in International Construction Law Study International Construction Law from a University Ranked Gold in 2017 TEF awards Course start date: 28th September 2020 (Application deadline: 1st September 2020). LAWS5398 Construction Law (6) LAWS5521 Climate Change Law and Emissions Trading (6) LAWS5576 International Commercial Arbitration (6) LAWS5590 Water Resources Law (6) LAWS5694 Research Paper I (6) LAWS5695 Research Paper II (12) LAWS5696 Research Paper III Part 1 (6) LAWS5697 Research Paper III Part 2 (6) Option - Group C. Students without a recognised Law … King's College London is one of England's oldest and most prestigious university institutions, founded by King George IV and the Duke of Wellington in 1829. Students must complete 100 credit points in total. Environmental law: Principles and concepts, Environmental actors, including public interest litigation with a focus on biodiversity protection. The subject also looks at the interaction between employment contracts and major statutes, such as the Australian Consumer Law and the Fair Work Act 2009 (Cth). Students are required to secure and fund their internships personally. Program in Chinese Law at Peking University Overview The Master of Laws (LL.M.) LLM 16 unit program details and apply LLM 24 unit program details and apply LLM courses offered in 2021. International Law. Gain a Double Masters in just 2 years at Bond . Bachelor of Laws Master of Laws PhD Juris Doctor Course MLS SJD Certificate … in Construction Law can be an essential tool for a lawyer or other professional working in or around the field of construction. The lecturer, a former Dean of Melbourne Law School, has published extensively in the fields of energy and resources law and served as President of the Australian Mineral and Petroleum Law Association. This subject is a basic 'how-to' on international business transactions and is essential for those wishing to practise international trade law. Key benefits. Information technology is critical to almost all modern organisations and processes. It is considered a Public Ivy and is ranked 56th among all national universities by U.S. News World Report. Work Health and Safety Law has grown in scope over the past decade, particularly since 2010 when most Australian governments implemented nationally-uniform laws about work health and safety. To provide valuable advice to clients in the construction industry, lawyers need an integrated understanding of the legal and technical aspects of this specialised area of practice. This subject is designed to develop and enhance students’ abilities to draft, analyse and administer construction contracts at an advanced level. This subject explains the challenges—affordability, security of supply, safety, control of monopoly, sustainability in an age of global warming—that the economic and technical characteristics of different energy sources present to governments in Australia, and analyses the regulatory tools that they have at their disposal for responding to such challenges. Often, the person making the … The proper construction and application of statutes always has been, but now more than ever is, an essential legal skill. Students will explore the relevant law by close reference to leading cases from Australia and the common law world. Management of the undertaking is divided: the participants determine some matters by agreement at the outset of the relationship; the power to determine other matters is vested in a committee on which the participants are represented and entitled to vote; a manager (or operator) is appointed by the participants to conduct agreed activities, on their behalf, within the scope of the common undertaking (exploration, development production). Principal topics and skills include the following: Contract interpretation is one of the most important topics in commercial law. Project finance lawyers need to have an in-depth understanding of both the legal issues that arise as well as the commercial and operational aspects of the project. Pre-Law alternative entry course; Law Start alternative entry course; Accepting your offer; Pathways for international students; Undergraduate courses Open submenu. Demonstrate the mastery of knowledge about the principles and practice of construction project procurement and contract management, and dispute resolution. Risk allocation and management of information technology contracts (including insurance and escrow arrangements). Students may not study both Principles of Construction Law and Construction Law. Overview of information technology and the Australian information technology development industry, Alternate dispute resolution of information technology disputes, Roles and relationships of the various parties to information technology agreements, Copyright protection afforded to technology products and services, including online products and services, Patent protection afforded to information technology products and services, Employees and contractor rights and obligations in the context of the creation and development of information technology, Software creation, development and exploitation, Privacy issues associated with the development and use of information technology goods and services. Adequate, reliable and sustainable supplies of energy are crucial to modern societies, and their assurance demands the close and continuous involvement of governments. Process dynamics, options and strategic issues, including paths to ADR. Litigators resolve far more disputes through negotiation than by trial. Emerging issues and innovative approaches in regulating and enforcing labour standards and working conditions, including protection of vulnerable workers such as interns, casual and part-time workers and outworkers, extra-territorial coverage of labour standards, regulation of work/life balance, and developments in labour standards arising out of the COVID-19 pandemic. It is a multi-faculty research-led university with nearly 30,000 students, of whom more than 9,000 are postgraduates. Dispute resolution on PPP projects, including linked claim provisions and equivalent project relief provisions. Notables . No. The Master of Construction Practice at Bond equips graduates with the necessary knowledge in management and skills to deliver complex construction projects. Payment has always been at the heart of construction contracting, and payment disputes have been—and remain—at the centre of construction law case law. The role and impact of the common law duty to provide work that is safe and without risks to health. This subject examines the legal issues involved in this complex relationship, together with ancillary transactions (such as farmouts). The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. However, some issues of the general law of contract will also be covered in detail (eg formation, interpretation, third party rights, the duty of good faith and fair dealing). Students will also engage with the need for reform in major project delivery, with the cost of project delivery in Australia already prohibitive and globally uncompetitive. Practice and procedure in the Supreme Courts of New South Wales and Victoria and the Federal Court of Australia, considering differences and assessing where best practice lies, Evidence for construction cases—how to identify what is necessary for the principal claims that arise in construction cases (eg variations, delay, prolongation and latent conditions claims), Special issues relating to expert evidence and practical issues arising from the rules of evidence, Problems with discovery and how they may be solved (this involves a review of the policy considerations that underlie the recent changes to the Federal Court Rules and the Victorian Supreme Court Rules, as well as practice in international arbitration), Managing the trial or hearing so that it is as efficient as possible, The domestic arbitration legislative framework: how it can be used to improve the efficiency of dispute resolution. This program will introduce a proven framework for creating value and resolving disputes, informed by recent research and extensive practice. This begins with the techniques that courts and arbitrators use to interpret express contractual terms. The curriculum will broaden educational and career options for students. Construction contract provisions relating to disputes: Objectives, approaches and enforceability, Conflict: Conflict patterns and management, Dispute Avoidance Procedures (DAPs), Dispute Review Boards (DRBs), Dispute Adjudication Boards (DABs) and dispute resolution advisers (DRAs), Alternative Dispute Resolution (ADR): Mediation (including mock mediation), senior executive appraisal/ mini trials, non-binding and binding expert determination, domestic and international arbitration and hybrid and multi-tiered processes, Selecting the most appropriate form of DAP and/or ADR processes. Working with lecturers who are leaders in their fields, and fellow students from Australia and around the world, you’ll have a unique opportunity to gain advanced understanding of construction law and its interaction with the commerce and practice of the industry. LAWS5398 Construction Law (6) LAWS5521 Climate Change Law and Emissions Trading (6) LAWS5576 International Commercial Arbitration (6) LAWS5590 Water Resources Law (6) LAWS5694 Research Paper I (6) LAWS5695 Research Paper II (12) LAWS5696 Research Paper III Part 1 (6) LAWS5697 Research Paper III Part 2 (6) Option - Group C. Students without a recognised Law degree, take unit(s) from … Explore our beautiful campuses on an interactive virtual tour. Emergent doctrines and their implications for public administration, with case studies on proportionality, legitimate expectations and duties of consultation. These principles apply to formal contractual drafting, but also to the drafting of contractual specifications and everyday correspondence. Gain the necessary legal knowledge and commercial awareness to perform your current role more effectively, or make the career move into this field, with our LLM Construction Law and Practice degree. Australia's leading law school Melbourne Law School is ranked: No. Principal topics include claims in the following categories: Dispute resolution and problem-solving lie at the core of modern professional life for lawyers, business people and anyone who works with more than one other person. No construction project or construction professional is immune to the effects. Importantly the subject will take a contextual approach, placing administrative law principles in the context of the administrative processes they are designed to regulate, and considering the role of law in the design and working of government administration. It extends to the processes that courts and arbitrators follow to determine whether a contract includes any implied terms. For lawyers, dealings with regulators and regulatory regimes have become part of the staple diet of their work. Lawyers and industry professionals need to be familiar with the differences between legal systems and the impact of statutory law, the key issues in the international financing and procurement of projects, the range of standard form international contracts available for various delivery methodologies, along with the intricacies associated with those processes in an international context. Learn techniques to identify risks and resolve disputes. The Master of Laws can be taken as a 16 unit (1 year) or 24 unit (1.5 year) program. It shows how the law can function both as an essential vehicle for such regulation and as a constraint on its content. This subject has been designed for those interested in the intersection between planning and construction law and environmental law. However few lawyers have any systematic understanding of why negotiations often fail or have suboptimal results, of the dilemmas inherent in negotiations, or of the characteristics of effective negotiators The same can be said for most non-lawyers who negotiate in business or other contexts. Current approaches to dispute management in major project delivery, including exercises examining common problems encountered in drafting dispute resolution clauses in project documentation, as well as a discussion of contemporary and innovative approaches to dispute management and avoidance in major projects. The subject focuses on developing skills in analysis and legal writing, the tools of the common lawyer. Subjects delivered online will have a combination of pre-recorded lecture content, live sessions and discussion boards among other resources. The Master of Construction Law is part of the world-renowned Melbourne Law Masters program. The focus is plain language drafting and its principles of structure, simplicity and clarity. The remaining 25 points can be chosen from a mix of Construction Law subjects or Other subjects. This subject provides an opportunity for students to develop an understanding of, and critically to evaluate, the basic tools, techniques and decision-making methodologies that are employed in regulatory design and practice. The University of Stuttgart is delighted to bring you this International Construction Practice and Law Masters degree. Particular emphasis is placed on issues such as trade terms, international sales of goods, documentary credits, carriage of goods, customs and border regulations. The treatment of some of these topics will be based on an examination of the 2016 UNIDROIT Principles of International Commercial Contracts (PICC). MIL … The subject intentionally covers a vast array of related topics, with the focus being on the legal issues faced by practising lawyers in the field. Common law issues: judicial activism, separation of powers, The role of the High Court and an overview of the Constitution, The relationship between the Constitution, case law and statute law, Influences of other sources of law on the common law. Cross-border construction contracting, and the avoidance and conduct of international construction disputes, has a distinctive character and content. Because views can differ as to basic questions — such as whether particular words have a plain meaning, and what 'commercial sense’ dictates in a given situation — the outcomes of these cases can be difficult to predict. Construction Contracts and Law. In this subject, skills will be developed by constantly improving as business negotiators by asking the right questions, framing issues, gaining lessons learned, defining success metrics and negotiating with others with different skill-sets, perceptions and backgrounds. Our academically-led and practice- informed Construction Law & Dispute Resolution course will provide you with a unique perspective on this fast-moving area of law. We acknowledge and pay respect to the Traditional Owners of the lands upon which our campuses are situated. This subject also considers several issues relating to international trade, such as intellectual property rights, licensing, franchising and governmental measures regulating investment. The main areas of risk allocation considered will include: Risk and insurance are at the heart of all construction projects, yet their role and detailed provisions are often misunderstood, leading to significant losses and disputation. An applied case study analysis of how integrated sustainable urban construction law works in practice. Application The application has to be submitted via the application system of the University of Stuttgart. Statutory titles, government agreements and production-sharing agreements, Fundamentals of contract law and property law, Construction—a text-based activity but involving more than a dictionary in one hand and the text in the other, The importance of the constitutional framework and other basic assumptions, The search for meaning and the metaphor of intention, The place of Interpretation legislation, including rights Acts, The canons of construction, their use and abuse ('canons to the right of them; canons to the left of them; on into the valley of death'), Ambiguity and its resolution, including the use of extrinsic materials, Inconsistencies, repeals, amendment, consolidation and retrospectivity, Rules and regulations—power to make, construction and use in construing the legislation. Most subjects are taught intensively over five days, with some subjects taught for two hours each week during the semester. The one year taught course offers highly qualified and intellectually outstanding students the opportunity of pursuing their legal studies at an advanced level in a challenging - but supportive - environment. As well, this subject provides detailed treatment of both dispute avoidance techniques used in international projects and an introduction to the principles and practice of international arbitration in the construction context. The final theme is the rigorous study and comparison of standard form construction contracts, including a Standards Australia contract and a FIDIC contract. The nature of regulation, its development in Australia and its relationship with law, General explanations and justifications for regulation. On-campus subjects involve interactive, seminar-style classes in the Law Building in Melbourne. Online Marketing Student Recruitment Promote Your Study Programs keyboard_arrow_left. See subject quotas for current subject availability. Disasters related to human health pandemics, such as COVID-19 have major health and environmental impacts. Legal writing skills and expectations in the MLM program. The development, acquisition and use of such technology raises a myriad of complex legal issues extending beyond conventional contractual issues and includes ownership rights, rights of use and risk management. The lecturer has taught contract law for many years and has published extensively in the area. This subject is explicitly aimed at enhancing students’ ability to make a significant contribution to the ongoing development of construction law in Australia and overseas. Industrial and resource extraction disasters and relevant laws in Australia’s offshore and in comparative case studies, such as the Deep Sea mining and petroleum extraction. This subject is held in Sydney, New South Wales. Melbourne Law School’s construction law program has been designed from the ground up to provide and enhance your understanding of these issues, no matter what level of experience you bring to our classrooms. Gain a Double Masters in just 2 years at Bond . This subject will address a selection of the most significant and cutting edge issues in the law governing public administration. The lecturer is a leading practitioner in this area and will introduce students to the key legal, contractual and structural issues concerning major projects and project finance, and analyse these issues in the context of a number of case studies in the mineral, energy and infrastructure sectors. It is the only qualification in New Zealand that has specifically developed postgraduate construction courses. The procurement process for PPPs, including how to manage a PPP bid. 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