Postgraduate course information

The UTS: Law postgraduate program has grown dramatically in recent years. Postgraduate course offerings are continuously being updated to ensure they are aligned with and meet the needs of the profession, industries and the community.

Close student interaction between the legal profession and UTS: Law offers students a first-class education and a marketable postgraduate legal qualification. Classes are taught by academics and practising professionals from a range of areas who ensure students gain specialised knowledge and training within their study.

UTS: Law strives to meet the expectations of its students to foster a collegial environment in which both academics and students are driven by a commitment to outstanding intellectual achievement and practice that is centred in a global, ethical and justice consciousness.

Internal course transfer

Students may apply to articulate up or down between graduate certificates, graduate diplomas and master's programs, within the same area of study. Students should apply for an internal course transfer before the program they are currently enrolled in is completed. Appropriate successfully completed subjects are credited to the new course if the transfer is approved.

Students are also permitted to apply for an internal course transfer across postgraduate courses of the same level. Only completed subjects relevant to the new course can be credited if the transfer is approved. Students are not permitted to apply for an internal course transfer between undergraduate and postgraduate courses.

Credit recognition

Credit recognition procedure

Credit recognition based on previous studies may be granted subject to the UTS Credit Recognition Policy, Credit Recognition Procedures, section 6 of the Student and Related Rules, and guidelines of the Faculty Board in Law. The granting of exemptions is at the discretion of the associate dean (education).

Students may be able to obtain exemption from law subjects if they are able to satisfy the Faculty Board in Law that a comparable course of study has been successfully undertaken at another recognised university.

To verify this, if the subject upon which the student is basing their application for credit recognition does not appear on the precedent list, the student must provide a transcript of his or her academic record and a detailed subject outline, together with the subject reading guide that was current at the time of study, for assessment. Students who have undertaken a law subject at another university, either in the year before or after that which is published on the precedent list, may seek an exemption without supplying the full subject outline as part of their credit recognition application.

All students seeking credit recognition based on previous studies must lodge an application to the Haymarket Student Centre prior to enrolment.

Credit recognition guidelines

General

1. Credit point limits:
   The maximum overall amount of credit granted for a UTS: Law postgraduate coursework course shall not exceed one half of the credit-point value of that course. The following limits apply to credit granted to postgraduate courses of three years, or less, full time:
   • from a completed postgraduate degree, a maximum of one quarter of the credit-point value of the destination UTS course
   • from an incomplete postgraduate degree, a maximum of half of the credit-point value of the current destination UTS course.
2. Time limits:
   As a general rule, a limit of six years applies to law subjects used as the basis of credit, calculated from the date the subject was successfully completed to when credit is sought at UTS: Law.
   • Where there have been significant recent changes in the law, an exemption may not be granted even though the subject was successfully completed less than six years ago.
   • Applications for credit recognition for practical legal training subjects have a time limit of three years.
   • The Faculty Board in Law shall always retain discretion to waive the application of the rule in cases where there is additional evidence of work or study experience.
3. Core subjects:
   Exemptions from core subjects, as well as practical legal training subjects, are only granted on the basis of equivalent postgraduate law subjects completed as part of a law degree leading to professional practice and offered by a law school at a recognised university. Exemptions are not granted on the basis of studies completed through the Law Extension Committee and/or through Top Education institute.
4. Options:
   (a) Exemptions for postgraduate law option subjects are only granted on the basis of study undertaken as part of a postgraduate law course offered by a law school at a recognised university. Exemptions are not granted on the basis of studies completed through the Law Extension Committee and/or through Top Education institute.
   (b) Credit may be granted on the basis of completion of ARITA certification subjects completed at UTS, or completion of the educational requirements undertaken at Queensland University of Technology as part of the ARITA Insolvency Education Program, at 6 unspecified credit points per certification subject, to a maximum of 18 unspecified credit points.
5. Cross-disciplinary subjects:
   Exemptions are not granted on the basis of completion of cross-disciplinary subjects.
6. Articulation:
   Where articulation between courses is possible as set out in the handbook, all the subjects completed as part of a course may be granted to another eligible related course provided that a student does not elect to graduate following completion of the first course.

Course-specific provisions

Juris Doctor (C04236), Master of Legal Studies (C04264), Graduate Diploma in Legal Studies (C07122)

1. Bachelor of Laws or combined Bachelor of Laws (or equivalent) students who transfer to the Juris Doctor can receive credit for no more than half of the credit-point value of the course based on their previous law studies. This equates to a maximum of 72 credit points.
2. A student who transfers from a law degree at a recognised university into a Graduate Diploma in Legal Studies (C07122), Master of Legal Studies (C04264) or Juris Doctor (C04236) at UTS, and unsuccessfully applies for an exemption from 70102 Foundations of Law, because the completion of the introductory law subject(s) undertaken at the other university was/were insufficient to grant an exemption, can make a written request to the director (students) to have the application reconsidered. To support the appeal, it must be demonstrated that subjects covering contracts, criminal law, torts, and constitutional law, in addition to subject areas of legal method and legal research have been completed.
3. Credit to the Juris Doctor, Master of Legal Studies or Graduate Diploma in Legal Studies may not be granted based on undergraduate law studies for:
   • options
   • subjects covering material of:
     • 70106 Principles of Public International Law
     • 70107 Principles of Company Law
     • any set legal theory option.
4. If a student is unable to obtain an exemption from a UTS: Law core subject on the basis of having completed a similar core subject at another university, because the content of the subject completed at the other university was insufficient to warrant an exemption from the corresponding UTS: Law core subject, the student cannot use the completion of that similar core subject undertaken at the other university as the basis of an exemption from an unspecified option.

5. Students who have completed a law qualification overseas, and have been assessed by the LPAB as requiring to undertake academic subjects equivalent to no less 72 credit points at UTS: Law, and have elected to enrol in the Juris Doctor (C04236) to complete these requirements, may be granted block credit to the value of up to 72 credit points.

Master of Laws (C04143)

1. Credit based on completion of a Master degree at UTS: Law, or equivalent postgraduate law studies at a recognised university, is limited to a maximum of one quarter of the credit-point value of the Master of Laws in exemptions, and may not exceed 12 credit points.
2. Credit based on completion of the Juris Doctor (C04236) at UTS, may be granted in respect of completed options, to a maximum of 24 credit points.
3. Solicitors with current specialist accreditation from the Law Society of NSW may be granted 6 unspecified credit points. These 6 unspecified credit points cannot count toward the requirements of any major.

Master of Intellectual Property (C04251), Graduate Diploma in Intellectual Property (C06099), Graduate Certificate in Intellectual Property (C11229), Graduate Certificate in Trade Mark Law and Practice (C11130)

UTS: Law may grant successful applicants advanced standing or exemption from one or more subjects. The Professional Standards Board for Patent and Trade Marks Attorneys (PSB) may not recognise such exemptions. Students intending to seek registration need to seek exemption from the PSB.

1. Exemptions are generally not granted for subjects not primarily directed to Australian or New Zealand law.
2. Exemption may be granted from 77905 Preparing for Intellectual Property Practice, when an applicant can provide evidence of:
   • completion of a dedicated intellectual property subject in the last six years, and
   • completion of a degree leading to practice, and
   • a current practising certificate.

Graduate Certificate in Restructuring and Turnaround (C11258)

Students who have completed the educational requirements undertaken in the ARITA Insolvency Education Program offered by Queensland University of Technology, may be granted up to a maximum of 12 unspecified credit points of credit recognition towards this course.

Graduate Diploma in Migration Law and Practice (C06122)

Students who have completed subjects in the Migration Law and Practice Graduate Certificate at Australian National University, Griffith University, Victoria University or Murdoch University may be granted up to a maximum of 18 unspecified credit points of credit recognition towards this course. Students who have attained a law degree and who have been admitted to practise law in a common law jurisdiction may be granted exemptions for subjects 78300 Introduction to Migration Law and 78305 Migration Law in Practice. Applicants are required to provide evidence of admission to practise, e.g. a practising certificate or equivalent from their home jurisdiction, with their Credit Recognition application.

Further information is available at:

telephone 1300 ask UTS (1300 275 887)
Ask UTS

Concurrent study at another tertiary institution

Subject to approval by UTS: Law, students may apply to undertake subjects in postgraduate law courses at other universities for credit towards an unspecified option in their course at UTS. A concurrent studies application, detailing the academic content, attendance, assessment requirements and reading guide of the subject(s) proposed to be completed, should be submitted to the Haymarket Student Centre before applying to the other institution. Students who complete subjects concurrently at another institution without prior approval, risk not being able to credit these subjects to their course at UTS.

• Students cannot undertake core subjects on a concurrent basis.
• Students cannot undertake options on a concurrent study basis if UTS: Law offers the equivalent subject during the proposed session.
• Students must complete a minimum of 50 per cent of the credit-point value of their course at UTS.

Juris Doctor with distinction

It is possible for students to gain an award with distinction in the Juris Doctor and the Juris Doctor component of the combined Juris Doctor Master of Business Administration (C04250). An additional year of study is not required. See the rules for the course you are enrolled in, below.

To qualify for distinction in the current Juris Doctor (C04236), students must complete 77740 Research Paper as a subject within the degree.

To be eligible to undertake 77740 Research Paper, students must successfully complete not less than 96 credit points within UTS: Law, including 70717 Evidence and Criminal Procedure or 70109 Evidence; and attain a minimum weighted average mark of 73.00 across all subjects attempted.

The research subject forms part of the credit points required for degree completion. 77740 Research Paper has requirements that students must comply with in addition to the distinction regulations for the Juris Doctor (below). Further details are available in the online subject description.

Distinction regulations

The distinction regulations for the current Juris Doctor (C04236) are:

1. Awards

1.1 Award of the Juris Doctor degree shall be classified as follows:

1. degree (with distinction), and
2. degree.

2. Requirements of distinction

2.1 To qualify for an award of the degree with distinction a student shall:

1. successfully complete 77740 Research Paper
2. subject to requirements below, obtain a distinction mark, of no less than 75.00, calculated as a weighted average mark received in all subjects, in accordance with the formula 'sum of all' (UTS law subject credit points multiplied by mark) divisible by the 'sum of all law subject credit points'
3. not fail any subject after the first session of study
4. a student's distinction mark shall include the mark obtained by the student in 77740 Research Paper.

2.2 In exceptional circumstances the director (students) may modify or dispense with the requirements of regulation 2.1, subject to appeal to the Faculty Board in Law.

Refer to the honours entry in the UTS: Handbook 2014 for the pre-2015 honours rules and regulations for the Juris Doctor (C04236).

Juris Doctor Master of Business Administration

To qualify for distinction in the Juris Doctor Master of Business Administration (C04250), a student must complete 77740 Research Paper as an option within the Juris Doctor component of the degree.

To be eligible to undertake 77740 Research Paper, students must successfully complete not less than 96 credit points within UTS: Law, including 70717 Evidence and Criminal Procedure or 70109 Evidence; and attain a minimum weighted average mark of 73.00 across all subjects attempted.

The research subject forms part of the credit points required for degree completion. 77740 Research Paper has requirements that students must comply with in addition to the distinction regulations for the Juris Doctor component of the Juris Doctor Master of Business Administration (below). Further details are available in the online subject description.

Distinction regulations, JD MBA

The distinction regulations for the Juris Doctor component of Juris Doctor Master of Business Administration (C04250) are:

1. Awards

1.1 Award of the Juris Doctor component of the Juris Doctor Master of Business Administration shall be classified as follows:

1. degree (with distinction), and
2. degree.

2. Requirements of distinction

2.1 To qualify for an award of the degree with distinction a student shall:

1. successfully complete 77740 Research Paper
2. subject to requirements below, obtain a distinction mark, of no less than 75.00, calculated as a weighted average mark received in all subjects completed in the Juris Doctor
3. not fail any subject after the first session of study
4. a student's distinction mark shall include the mark obtained by the student in 77740 Research Paper.

2.2 In exceptional circumstances the director (students) may modify or dispense with the requirements of regulation 2.1, subject to appeal to the Faculty Board in Law.

Refer to the honours entry in the UTS: Handbook 2014 for the pre-2015 honours rules and regulations for the Juris Doctor Master of Business Administration (C04250).

International exchange program: Juris Doctor

Juris Doctor students participate in the international exchange program administered by UTS: International. Through the program, it is possible to undertake the following study options at overseas exchange partner universities:

• Three or four law subjects from CBK90920 Options (JD)

To be eligible for the program, students should have a credit average or better and have completed 108 credit points of core subjects before going overseas. The number of places is strictly limited.

Results achieved in overseas study are recorded as a pass or fail grade without a mark. It should be noted that the pass/fail results for exchange subjects are excluded from the calculation of a GPA and in the calculation for honours.

Information and application packs are available from UTS: International.

Mandatory continuing legal education

Participation in postgraduate study may entitle lawyers to mandatory continuing legal education (MCLE) points. If this particular educational activity is relevant to students' immediate or long-term professional development needs, particularly those related to the practice of the law, they may claim one 'unit' per hour of attendance (excluding refreshment breaks).

Further information regarding MCLE points is available from the Law Society of NSW.

Postgraduate coursework

UTS: Law offers a range of postgraduate coursework degrees to suit both law graduates and graduates of other disciplines. UTS: Law prides itself on its unique specialisations, flexibility and vocational relevance. Graduate certificate, graduate diploma and master's programs in law and legal studies, and specialised programs in intellectual property law, practical legal training, dispute resolution and commercial and corporate law are available.

Courses

Coursework programs are normally structured as follows:

• master's degrees: 48 credit points
• graduate diplomas: 36 credit points
• graduate certificates: 24 credit points.

Exceptions to this include the Juris Doctor Master of Business Administration (C04250) (192 credit points), Juris Doctor Master of Intellectual Property (C04363) (168 credit points), Juris Doctor Graduate Certificate in Professional Legal Practice (C04320) (162 credit points), Juris Doctor Graduate Certificate in Trade Mark Law and Practice (C04364) (156 credit points), Juris Doctor (C04236) (144 credit points), Master of Legal Studies (C04264) (96 credit points), Graduate Diploma in Australian Law (C07073) (48 credit points), and the Graduate Certificate in Australian Law (C11211) (30 credit points).

Subjects

UTS: Law timetables subjects over three teaching periods: Autumn session, Spring session and Summer session. The full range of core and optional subjects available can be found under each of the course entries.

Core law subjects

All core subjects are taught in Autumn and Spring sessions and are offered as day and evening classes.

Optional law subjects

A range of optional law (elective) subjects is taught in each session. However, not all optional subjects are timetabled every session and some are offered on a two-yearly basis only. Timetabled optional subjects are offered subject to sufficient student interest and academic availability.

Postgraduate progression

In accordance with rules 10.2.3 and 10.4.1, a graduate certificate, graduate diploma or master's candidate shall be excluded if they fail to maintain a minimum rate of progress. To maintain a minimum rate of progress, a student must not fail:

• two subjects in a graduate certificate
• three subjects in a graduate diploma
• four subjects in a master's degree, or
• five subjects in the JD or JD MBA.

Students may appeal against such exclusion under rule 10.8.

Postgraduate students are advised that they may be excluded from a course if they exceed the maximum time allowed for completion of that course (see rule 10.5).

Contacts and inquiries

Haymarket Student Centres
CB05C.1 – Building 5, block C, level 1
City campus, Haymarket
cnr Quay St and Ultimo Rd, Haymarket
telephone 1300 ask UTS (1300 275 887)
Ask UTS

Majors

UTS: Law offers three major areas of study within the Master of Laws (C04143). Students in this course elect to complete study within a major or alternatively subjects from across the major areas. Students must nominate a major for it to appear on their academic transcript. Students who do not nominate a major and subsequently meet the requirements for a major must submit an e-request before graduation. Majors are available in:

• corporate and commercial law
• dispute resolution
• intellectual property.

Postgraduate research

Higher research degrees provide an opportunity for law and non-law graduates to make a major contribution to knowledge by undertaking advanced-level research through the exploration of ideas and issues in a thesis. UTS: Law offers a Doctor of Philosophy (C02028) and a Master of Laws (Research) (C03024). These degrees are particularly valuable for students wishing to pursue a career in research or academia. Entry is on the basis of proven research achievement.

The Faculty of Law operates a pre-assessment process prior to the formal application process. This enables the faculty to give students advice about whether:

• they are likely to meet the academic eligibility requirements
• the faculty is able to offer supervision in the chosen research area
• they appear to have a viable research topic.

The pre-assessment process provides you with an indication about whether you are likely to be recommended for admission if a formal application is submitted. Successful completion of the informal assessment does not guarantee acceptance into the program.

Information about potential supervisors and areas of supervision is available at Research.

Student research is coordinated through the director of higher degree research and the faculty research officer and governed by the Research Committee (RC) and the Higher Degree Committee (HDC). The faculty research officer can be contacted for further information about the faculty's research and higher degree research program.

Credit recognition

The granting of exemption for higher degree by research courses is at the discretion of the director of higher degree research.

Support for research students

In addition to the support provided by the UTS Library and the UTS Graduate Research School, UTS: Law provides a range of facilities for higher-degree research candidates such as research support funding, work spaces, printing, email and internet access.

Contacts and inquiries

Faculty research officer
telephone +61 2 9514 3793
fax +61 2 9514 3400
email law.research@uts.edu.au
UTS: Law

Research interests of staff members

There is a diverse range of staff research interests within the faculty. The faculty has established areas of research excellence and research clusters that represent the key areas of the faculty's research interests.

The first point of contact for inquiries should be the faculty research officer.

Staff contact details are available via the UTS Directory.