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Course profile

Current Issues in Legal Practice (LAWS7725)

Study period
Sem 2 2024
Location
External
Attendance mode
Online

Course overview

Study period
Semester 2, 2024 (22/07/2024 - 18/11/2024)
Study level
Postgraduate Coursework
Location
External
Attendance mode
Online
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

This course will examine contemporary issues arising in the legal profession. Topics will vary from year to year, drawing on the innovative research of TC Beirne School of Law academic staff, as well as the expertise of visiting scholars and leading practitioners. Please refer to the Law School website for current topics.

This course will examine contemporary professional issues in the law of evidence, civil liability, civil litigation, ethics, and administrative tribunals.

The current issues in legal practice topic for Semester 2, 2024 is ESG, Business and the Law.

Environmental, social, and governance (ESG) and Sustainability feature amongst the most important topics of our time, touching all aspects of business and the law. This is a fast-moving area on both a national and international level and vital for everyone in business and law (including General Counsels, Chief Sustainability Officers and Board Directors) to have at least a basic understanding of the key issues and closely monitor the latest developments, to capture opportunities, mitigate risks and effect change. This course will explore what ESG and Sustainability are and why this has become essential to all organisations. It will look at all three pillars of E, S and G and explain how they interconnect. It will also address the challenges businesses face, both external (legal, societal, environmental, political) and internal (governance, supply chain, data, reporting). Sessions will be led by lawyers and senior managers from across the network of global law firm White & Case https://www.whitecase.com/. This is a course for both business and legal students. Classes will generally consist of a lecture, group discussion and case study. Syllabus is open to some change.

Course requirements

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS7884

Restrictions

Students in LLM 16 unit or LLM 24 unit programs only

Course contact

Course staff

Lecturer

Ms Fiona Candy

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

Classes are held (online) on Thursdays in twilight hours (between 6-8pm).


Live, interactive evening sessions will be two hours and a one hour lecture recording will be provided with the reading list at least one week prior so students have sufficient time to consume materials in advance.


Presenters

Seminar 1 – Fiona Curl

Seminar 2 – Tim Power

Seminar 3 – Clare Connellan

Seminar 4 – Taylor Pullins

Seminar 5 – Michael Watson

Seminar 6 – Kirsten Odynski

Seminar 7 – Ingrid York

Seminar 8 – Chris McGarry

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

  • To enable students to discover and develop a thorough knowledge of the key concepts, drivers and context in the law and business.ᅠ
  • To facilitate and promote students’ capacity to analyse authentic case studies and toᅠ appreciate and anticipate future developments.ᅠ
  • To encourage and inspire students to query existing paradigms,ᅠ demonstrate creative solutions, and to apply their acquired understanding to contemporary problems.ᅠ

Also refer to objectives below.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

State and accurately explain the underlying drivers, macro forces and key concepts that you appreciate the reasons for the growing importance and polarisation.

LO2.

Demonstrate that you can describe and critically analyse the taxonomy.

LO3.

Identify and explore the risks and opportunities for businesses, including critical analysis of real-life case studies.

LO4.

Formulate, share and assist in implementing a strategy in response to risks and opportunities.

LO5.

Apply your acquired knowledge of the key concepts effectively, in a variety of contexts and settings (different corporate structures, industries and jurisdictions).

Assessment

Assessment summary

Category Assessment task Weight Due date
Presentation Oral presentation
  • Online
40%

23/09/2024 - 27/09/2024

Students will be required to present during the mid-semester break and will be advised by the course coordinator. Specific details will be discussed in the seminars and provided on Blackboard.

Paper/ Report/ Annotation Client Memo
  • Online
60%

7/11/2024 2:00 pm

Assessment details

Oral presentation

  • Online
Mode
Oral
Category
Presentation
Weight
40%
Due date

23/09/2024 - 27/09/2024

Students will be required to present during the mid-semester break and will be advised by the course coordinator. Specific details will be discussed in the seminars and provided on Blackboard.

Learning outcomes
L01, L02, L03, L04, L05

Task description

The mid-course assessment will be an oral presentation based on a topic given in advance. Students will be expected to demonstrate their ability to analyse, identify and explain the ESG backdrop and key considerations (eg drivers, stakeholders, varied viewpoints, risks, opportunities etc).

 

Assessment tasks evaluate students’ abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.

Submission guidelines

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Client Memo

  • Online
Mode
Written
Category
Paper/ Report/ Annotation
Weight
60%
Due date

7/11/2024 2:00 pm

Learning outcomes
L01, L02, L03, L04, L05

Task description

The second assessment will be a 2000 word, written internal memo, based on a detailed fictional case study. 

Students will conduct initial analysis, and focus their response on concisely explaining key ESG developments relevant to the organisation, as well as recommendations to mitigate risk and embody best practice. The word count is lower than a typical assessment of this weighting, however this is in order to promote effective, direct and clear, written communication – a critical skill in a commercial context.


Assessment tasks evaluate students abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Grade Cut off Percent Description
1 (Low Fail) 0 - 19

Absence of evidence of achievement of course learning outcomes.

Course grade description: 0% - 19%

2 (Fail) 20 - 47

Minimal evidence of achievement of course learning outcomes.

Course grade description: 20% - 47%

3 (Marginal Fail) 48 - 49

Demonstrated evidence of developing achievement of course learning outcomes

Course grade description: 48% - 49%

4 (Pass) 50 - 64

Demonstrated evidence of functional achievement of course learning outcomes.

Course grade description: 50% - 64%

5 (Credit) 65 - 74

Demonstrated evidence of proficient achievement of course learning outcomes.

Course grade description: 65% - 74%

6 (Distinction) 75 - 84

Demonstrated evidence of advanced achievement of course learning outcomes.

Course grade description: 75% - 84%

7 (High Distinction) 85 - 100

Demonstrated evidence of exceptional achievement of course learning outcomes.

Course grade description: 85% +

Supplementary assessment

Supplementary assessment is available for this course.

Additional assessment information

Assessment tasks evaluateᅠstudent’s abilities, skills and knowledge without theᅠaid ofᅠArtificialᅠIntelligenceᅠ(AI). Students are advised that the use ofᅠAIᅠtechnologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

There are ESG texts and journal articles that can be accessed via the UQ Law Library in addition to prescribed readings set by the course tutors.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Multiple weeks

From Week 2 To Week 11

Seminar

Seminars

The programme of seminars for the course is set out in the course learning guide. This is available from the course Blackboard site.

Seminar topics are:

  1. Evolution of ESG - Drivers, macro forces, key concepts, major players, business imperative. Presenters Tim Power, Kirsten Sugden, Mikaylie Page
  2. Environmental fundamentals - Resource and energy use, waste management, nature based solutions, IPCC findings mitigation and adaptation strategies, circularity. Presenters Seth Kerschner, Taylor Gillespie
  3. Social fundamentals - Guiding principles, evolving definitions, ethical trade and labor rights across the supply chain, conflict zones, grievance mechanisms, debunking the myth S is hard to measure. Presenters Clare Connellan, Emiko Singh
  4. Governance fundamentals - Shareholder to stakeholder primacy, ESG legal frameworks (CSDDD, CSRD, SEC climate disclosure rules), internal structure, policies and processes, reporting, net zero commitments, SBTs, D&I. Presenters Taylor Pullins, Jessica Lynd
  5. Energy transition - Decarbonisation, renewables, battery storage, carbon capture, utilization and storage, hydrogen, green LNG, disputes. Presenters Michael Watson, Michael Polkinghorne, Petra Kistner, Fiona Curl
  6. Climate change disputes - Greenwashing, tort, rights-based claims, directory liability, shareholder activism, governmental planning, separation of powers. Presenters Kirsten Odynski, William De Catelle, Janina Moutia-Bloom
  7. Financing ESG - Taxonomies, structures, ESG investment criteria, carbon credits, green and social bonds, sustainability linked loans, responsible investment funds. Presenters Xuan Jin, William Grazebrook
  8. Future of ESG - Continued increase in disclosure rules and mandatory reporting, data issues, shareholder activism, litigation, upskilling the next generation of ESG lawyers and business professionals. Presenters Chris McGarry, Clarissa Marazzi

Learning outcomes: L01, L02, L03, L04, L05

Additional learning activity information

Presenters

Seminar 1 – Fiona Curl

Seminar 2 – Tim Power

Seminar 3 – Clare Connellan

Seminar 4 – Taylor Pullins

Seminar 5 – Michael Watson

Seminar 6 – Kirsten Odynski

Seminar 7 – Ingrid York

Seminar 8 – Chris McGarry

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course: