Advanced Civil Litigation

Subject LAWS70202 (2012)

Note: This is an archived Handbook entry from 2012.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2012:

October, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable

Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available




Recommended Background Knowledge:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Non Allowed Subjects:


Core Participation Requirements:

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit:


For more information, contact the Melbourne Law Masters office.

Email or phone +61 3 8344 6190.

Alternatively, visit our website:

Subject Overview:

This subject aims to provide an up-to-date account of the taxation of Australian residents in respect of their interest in offshore entities. The subject will examine the policy underlying the provisions of Australian income tax law that apply to investments by Australian tax residents in offshore entities.

The subject will also undertake a review of the primary statutory provisions, including the rules for taxation of attributed income in respect of foreign entities, the rules for taxation of profits on repatriation to Australia from foreign entities and the rules for taxation of capital gains on disposals of investments in foreign entities. The subject is directed at students who have a good grounding in Australian income tax law and a general understanding of international tax rules.

Principal topics will include:

  • Recent significant procedural reforms in Australia and overseas
  • Law reform proposals
  • Cost of justice, including legal aid, contingency fees and compensatory costs
  • Judicial intervention, including case management
  • Duties to the court, including communications with the court and behaviour in court
  • Questions of jurisdiction
  • Discovery and the duty to disclose
  • Security for costs
  • Enforcement of judgments
  • Pre-trial settlement procedures.

A student who has successfully completed this subject should:

  • Be able to assess issues of civil procedure at an advanced level
  • Be able to examine the procedures of state, federal and overseas courts on a comparative basis.

10,000 word research paper (100%) (14 January 2013) on a topic approved by the subject coordinator

Prescribed Texts:

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information:

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