Postgraduate - Course
This course entry applies to students commencing this course in 2019
and should be read in conjunction with information provided in the
'Faculty information' section of this Handbook by the Faculty of Law.
Other commencement years for this course: 2018, 2017, 2016 and more
Unit codes that are not linked to their entry in the Handbook are not available for study in the current year.
Contact usContact us (http://www.monash.edu/law/contact-us)
Admission and fees
Course progression map
This expert graduate course provides a thorough theoretical and practical grounding in commercial law and develops the advanced professional skills and specialist knowledge required for working in the commercial field. Students can choose from an extensive range of commercial law units including units in corporate law, competition law, banking and finance law, and tax law. The Master of Commercial Law is suitable for graduates interested in developing or enhancing specialist careers in professions and occupations that require a sound grasp of commercial law issues, including as accountants, company administrators and business managers.
You will investigate contemporary issues in law, practice and scholarship, and evaluate complex issues relevant to the field from theoretical, international and interdisciplinary perspectives. The course enhances your capacity to undertake independent research, and includes options for a pathway to doctoral studies.
These course outcomes are aligned with the Australian Qualifications Framework level 9 and Monash Graduate AttributesAustralian Qualifications Framework level 9 and Monash Graduate Attributes (http://www.monash.edu.au/pubs/handbooks/alignmentofoutcomes.html).
Upon successful completion of this course it is expected that you will be able to:
- demonstrate mastery of theoretical knowledge and recent developments in areas of commercial law and the practice of commercial law
- apply theories, knowledge and skills to different areas of commercial law or to new situations in practice or scholarship in commercial law
- design, evaluate, implement, analyse and theorise about developments that contribute to global professional practice or scholarship
- explain and justify arguments, methods, and conclusions to legal and lay audiences
- apply with integrity appropriate research principles and methods to plan, carry out and report on an original project
- demonstrate high level personal autonomy and judgment.
Credit for prior studies
You may be eligible for credit for up to 25 per cent of the course (12 points) for previous master's level studies in law. If you have completed an independent research project in a bachelor of law honours degree you may be exempted from the master's research unit but must still complete 48 points of level 5 units.
The course is structured in two parts: Part A. Commercial law knowledge and Part B. Extending specialist knowledge electives and research.
Part A: Commercial law knowledge
The studies enable you to develop specialised knowledge and advanced skills in areas of commercial law that suit your interests, skills and career goals.
Part B: Extending specialist knowledge electives and research
These studies will provide you with in-depth knowledge of a wide range of areas of commercial law or you can select from across the range of master's law elective units. You will focus on sources of information relevant to commercial law and the application of research methods and specialist discipline knowledge and skills necessary to support law-related work in those closely interrelated fields. Depending on your interests and motivation, you can choose a program of study in which you plan and execute a major research-based project with a high level of personal autonomy and accountability.
The course comprises 48 points structured into two parts: Part A. Commercial law knowledge (30 points) and Part B. Extending specialist knowledge electives and research (18 points).
The course progression mapcourse progression map (http://www.monash.edu.au/pubs/2019handbooks/maps/map-l6001.pdf) provides guidance on unit enrolment for each semester of study.
Units are 6 credit points unless otherwise stated.
Part A. Commercial law knowledge (30 points)
You must complete a. and b. below:
a. the following unit:
- LAW5000 Australian legal reasoning and methods or LAW5081 Australian legal process and research*
b. a minimum of four units chosen from the units listed below; not all units are offered every year:
- LAW5301 Copyright
- LAW5302Not offered in 2019 European union law and policy
- LAW5305Not offered in 2019 International trade law
- LAW5306 Corporate insolvency
- LAW5307Not offered in 2019 Occupational health and safety
- LAW5311Not offered in 2019 Takeovers
- LAW5312 Competition law
- LAW5314 International environmental law
- LAW5316 Trade marks and commercial designations
- LAW5317 Principles of privacy and freedom of information
- LAW5319 Law of employee relations
- LAW5322Not offered in 2019 Superannuation law and practice
- LAW5340 Intellectual property
- LAW5344 Negotiation: Essential skills for dispute resolution
- LAW5347Not offered in 2019 Consumer policy and regulation
- LAW5350 Principles of taxation
- LAW5353 Cybercrime
- LAW5356Not offered in 2019 Corporate and white collar crime
- LAW5357 Corporate governance and directors' duties
- LAW5366Not offered in 2019 International banking and finance: Law and practice
- LAW5367Not offered in 2019 Energy law, regulation and policy
- LAW5370 Discrimination law and human rights at work
- LAW5375 Arbitration of international commercial disputes
- LAW5385Not offered in 2019 Corporate finance law
- LAW5392 Globalisation and international economic law
- LAW5394 Banking law
- LAW5372 Principles of construction law
- LAW5384 International investment law
- LAW5399Not offered in 2019 Personal property securities
- LAW5407 Current issues in torts law
- LAW5415 Domestic and international debt capital markets
- LAW5429Not offered in 2019 Advanced commercial negotiation skills
- LAW5430 Advanced evidence and proof in litigation
- LAW5431 International entertainment law
- LAW5432 Workplace investigations and misconduct
- LAW5437Not offered in 2019 (The) Chinese legal system: A comparative analysis
- LAW5438Not offered in 2019 Current issues in sports law
- LAW5441Not offered in 2019 Australian tax policy
- LAW5444Not offered in 2019 Advanced commercial contracts masterclass
- LAW5452 Private investment law
- LAW5453 Comparative conflict of laws
Part B. Extending specialist knowledge electives and research (18 points)
You must complete 18 points across a. and b. below.
a. 6 or 12 points of elective law units chosen from:
- Part A above
- the commercial law electives listed below
- any unit from the general list of level 5 law units, except those only offered in L6005 Master of Laws (Juris Doctor)
b. the remaining 6 or 12 points of research studies in commercial law from the following:
- LAW5082 Masters research (6 points)
- LAW5083 Extended research (12 points)**
Commercial law electives
Not all units are offered every year.
- LAW5315 Commercial alternative dispute resolution
- LAW5318Not offered in 2019 International aspects of intellectual property
- LAW5321 Protecting commercial innovation: Patents and trade secrets
- LAW5339 Technology contracts and licensing law
- LAW5341 Trade mark practice
- LAW5342 Current issues in electronic commerce law
- LAW5343Not offered in 2019 Privacy and surveillance: Law, policy and governance
- LAW5345Not offered in 2019 Human rights, business and the global economy
- LAW5346Not offered in 2019 Design law and practice
- LAW5349 Corporate law
- LAW5352Not offered in 2019 Electronic workplace law
- LAW5360 Advanced conflict resolution skills
- LAW5368 Regulation of Australian water resources
- LAW5369 World Trade Organization (WTO) law
- LAW5374Not offered in 2019 Federal labour law
- LAW5378 Comparative corporate governance
- LAW5379 Procurement law
- LAW5395 Arbitration of domestic commercial disputes
- LAW5400 International trade mark law
- LAW5408Not offered in 2019 Remedies in commercial disputes
- LAW5423 Private international law in commercial disputes
- LAW5426Not offered in 2019 Regulating business: Enforcement and compliance
- LAW5445Not offered in 2019 Commercial equity
- LAW5447Not offered in 2019 Intellectual property and the internet
- LAW5448 Copyright x:Monash
- LAW5450Not offered in 2019 Principles of succession law
You may exit this course early and apply to graduate with the following award, provided you have satisfied the requirements indicated for that award during your enrolment in this Masters course:
- Graduate Certificate in Law after successful completion of 24 points of study with a minimum of 18 credit points at level 4 or above.
Progression to further studies
Successful completion of this course may provide a pathway to a higher degree by research.
If you are taking this course as a pathway to doctoral studies you are advised to take the extended research or minor thesis option.