Postgraduate course information

The UTS Law postgraduate program has grown dramatically in recent years. Our postgraduate course offerings are continuously updated to align 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 rigorous disciplinary knowledge, specialised skills and training within their study.

UTS Law strives to meet the expectations of its students to learn in 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.

Juris Doctor Plus

Within our postgraduate program, we offer the Juris Doctor, Juris Doctor Accelerate (Juris Doctor Graduate Certificate Professional Legal Practice), Juris Doctor Masters in Business Administration (JD MBA), JD Master of Intellectual Property (JDMIP) and JD Graduate Certificate Trade Mark Law and Practice (JDGCTMLP). By studying any of these course options at UTS, our postgraduate students benefit from our Juris Doctor Plus program. This program enables our Juris Doctor students to join a thriving and inclusive postgraduate community to whom we offer legal writing skills masterclasses, research masterclasses and ongoing connections to industry.

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.

Recognition of prior learning

Procedure

Recognition of prior learning based on previous studies may be granted subject to the UTS Recognition of Prior Learning Policy and Procedure, 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).

An application for recognition of prior learning (RPL) is accepted only in circumstances where the basis for credit for law subjects was successfully undertaken in a comparable course of study at a recognised university.

Credit granted for subjects must comply with the AQF level for which the credit is being sought. This includes the same purpose, knowledge and skills required at the relevant level.

For applications for RPL where topics within areas of knowledge are distributed across subjects differently to subjects offered at UTS, the Faculty assesses credit to reflect fulfilment of requirements of the nearest subject(s) offered at UTS.

Credit given for the subject taken at the other recognised university can only be up the credit point value of the equivalent UTS subject.

Applied experience subjects are not typically considered for credit (i.e. internships, practice-based placements, exchange subjects, research-only subjects, and fulfilment of practical experience-type subjects).

Application

Students submit applications for RPL to the UTS Student Centre (part of the Lifetime Learner Experience Unit, or LLE). LLE reviews the application for completeness. If the subject on which the RPL is based appears on the Precedent List - or the subject was completed in the year before or after the same subject that appears on the Precedent List, LLE can approve the application under delegated authority of the Faculty of Law Board. A detailed subject outline or other documents are not required if a precedent can be applied.

If no precedent exists for the subject, the applicant must provide documentation as determined by the LLE. The application is forwarded to the Faculty for assessment.

Graduate Certificate in Professional Legal Practice

Students who have completed the Diploma in Law offered by the NSW Legal Profession Admission Board are eligible to apply for six credit points of RPL based on relevant work experience of at least 12 months duration. Applicants must provide a:

CV or position description that outlines the relevant experience, and
letter from the applicant’s employer confirming the relevant experience.

Credit point limits

The maximum overall amount of credit granted for a Faculty of Law postgraduate course shall not exceed one half of the credit-point value of that course (subject to the following course-level requirements immediately below).

Students transferring into a UTS law course from an incomplete UTS course may be granted credit for all subjects completed at UTS which are part of the structure of the destination course, even if the total amount of credit exceeds the general, course-level or course-specific credit point limits.

The maximum RPL available in a postgraduate course shall not exceed one half of the credit-point value of that course on the basis of an incomplete postgraduate course except in cases where the basis for the credit is:

1. an incomplete nested qualification in a suite of UTS law courses, and
2. an agreement between UTS with an overseas institution to recognise all or part of study completed at the institution.

The maximum RPL available in a postgraduate course shall not exceed one quarter of the credit-point value of the courses on the basis of a completed postgraduate course; except in cases where the basis for the credit is:

1. a completed nested qualification in a suite of UTS law courses
2. an agreement between UTS with an overseas institution to recognise all or part of study completed at the institution
3. completion of the UTS Juris Doctor (JD) towards the LLM; credit based on completion of the JD at UTS, may be granted in respect of completed options, to a maximum of 24 credit points, and
4. an assessment by the Legal Profession Admission Board of the NSW Supreme Court (LPAB) that an applicant's international legal qualification covers parts of the academic areas of knowledge as set out in Part 2 of Schedule 1 of the Legal Profession Uniform Admission Rules 2015 towards the JD or the JD component of a JD combined degree. 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 than 72 credit points at UTS Law, and have elected to enrol in the JD or JD combined degree to complete these requirements, may be granted block credit to the value of up to 72 credit points in the stand-alone JD, and up to 81 credit points in the JD Graduate Certificate in Professional Legal Practice.

Time limits

As a general rule, a limit of five 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 except in the following circumstances:

1. 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 five years ago
2. Applications for RPL for practical legal training subjects have a time limit of three years, and
3. The Faculty Board in Law shall retain discretion to waive the application of the rule in cases where there is additional evidence of work or study experience.

Appeal of decision

An RPL decision is final. There is no right of appeal in relation to an RPL decision. A student who is dissatisfied with the process of their application for RPL may submit a complaint to the SCRO.

Course-specific provisions

Juris Doctor (C04236), Juris Doctor Master of Business Administration (C04250), Juris Doctor Graduate Certificate in Professional Legal Practice (C04320), Juris Doctor Graduate Certificate in Trade Mark Law and Practice (C04364), Juris Doctor Master of Intellectual Property (C04363), Master of Legal Studies (C04264), Graduate Diploma in Legal Studies (C07122), Graduate Certificate in Legal Studies (C11264)

Recognition of Prior Learning in the law component of a Bachelor of Laws (LLB) or in the Juris Doctor (JD) (and combined LLB and JD awards), and Legal Studies Program (LS) will only be offered on the basis of completed study in a course recognised as leading to practise as a legal practitioner within a law school at a recognised university.

An application for unspecified credit towards the elective component of the LLB, JD and courses in the LS program on the basis of having completed a Priestley 11 subject equivalent to the LPAB academic areas of knowledge (the LPAB Schedule 1 academic areas of knowledge comprises of Criminal Law and Procedure, Torts, Contracts, Property, Equity, Company Law, Administrative Law, Federal and State Constitutional Law, Civil Dispute Resolution, Evidence, Ethics and Professional Responsibility) at another university will not be approved irrespective of if the law subject completed at another university was insufficient to warrant exemption from a UTS core law subject.

Core subjects

Applications for RPL of a core subject in the Juris Doctor or Legal Studies:

• will be assessed to ensure coverage of 'academic areas of knowledge' as set out in Part 2 of Schedule 1 of the Legal Profession Uniform Admission Rules 2015 (the 'Priestley' 11), and
• must include official information from the other university indicating where the subject on which the RPL is based fits into the overall course structure of the other course (i.e. the University Handbook, or similar).

As a general rule, credit for 70102 Foundations of Law will be offered on the basis of completion of an equivalent core first year introductory subject taught within a law school at a recognised university provided that the subject addresses foundational knowledge and skills, including content in legal method and legal research.

Undergraduate law studies

Students in the Juris Doctor or Legal Studies program will not be granted RPL based on undergraduate law studies for:

• electives*, and
• subjects covering material in:
  • 70106 Principles of Public International Law
  • 70107 Principles of Company Law, and
  • Legal Theory options.

* Subjects offered in CBK90920 Options (JD) may be considered for RPL if they are cross-taught electives.

Further information is available at:

telephone 1300 ask UTS (1300 275 887)
Ask UTS

Concurrent study at another tertiary institution

An application for CS will be considered when the concurrent enrolment is undertaken in a comparable course of study within a law school at a recognised University. UTS students may apply to undertake subjects at other universities for credit towards their UTS course, up to a maximum of two subjects, as per the conditions set out below.

Credit granted for subjects must comply with the AQF level for which the credit in being sought. This includes the same purpose, knowledge and skills required at the relevant level.

Applications for concurrent study should be made in advance of the study being undertaken. Subjects completed concurrently at another university without prior approval risk the subject not being credited to the student's course at UTS.

Students will not be approved to undertake CS in core subjects and cannot undertake CS in electives if the Faculty offers the equivalent subject during the proposed session of the concurrent enrolment. An exemption from an elective at the other university will not be granted for the UTS core legal theory subject.

A currently enrolled UTS student who wishes to enrol in subjects at another recognised university and have these subjects credited towards their UTS award course must lodge a Concurrent Study application with LLE according to the instructions on the Concurrent Study webpage.

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 degrees, including 70106 Principles of Public International Law or 70107 Principles of Company Law; 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 70106 Principles of Public International Law or 70107 Principles of Company Law; 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.

Continuing professional development

Participation in postgraduate study may entitle lawyers to continuing professional development (CPD) 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.

Further information regarding CPD 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).

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.

Recognition of prior learning

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.