LAWS5813 Legal Issues for Not-for-Profit Entities
- 6 points
|Not available in 2018||UWA (Perth)||Face to face|
- This unit involves the study of the nature, function, governance and regulation of not-for-profit (NFP) entities in Australia. The unit approaches these issues on a life-cycle basis, examining aspects of formation, governance, tax and fundraising concessions, regulatory requirements and dissolution restrictions applicable to not-for-profit entities under statute and the common law. Students engage with current research, comparative perspectives and recent developments in the law to critique the extent to which the current framework for not-for-profit entities encourages innovative, independent and efficient processes and activities for the public benefit, whilst also ensuring the accountability and integrity of the not-for-profit sector.
- Students are able to (1) (a) comprehend the composition of the Australian NFP sector, regulators of the sector and the legal regimes which apply; (b) appreciate and critique the role of NFP entities in contrast to the government and for-profit sectors; and (c) demonstrate an understanding of current developments in NFP law, including by reference to comparative international perspectives; (2) enunciate their professional obligations to pro bono NFP clients and evaluate how these would be balanced against obligations to other clients; (3) (a) critically analyse a complex NFP law problem and identify and articulate the relevant legal issues; (b) identify, interpret and apply fundamental and relevant NFP law principles and reasoning in resolving complex NFP law issues; (c) critically read and analyse cases and legislation in order to advise on hypothetical NFP law problems and in evaluating solutions to contemporary NFP law issues; and (d) critique the extent to which the current framework for NFP entities encourages innovative, independent and efficient processes and activities for the public benefit, while also ensuring the accountability and integrity of the NFP sector; (4) engage in advanced legal research by identifying, locating, analysing and synthesising primary and secondary sources to design and carry out a research project in response to an issue of NFP law policy or practice; (5) (a) participate and discuss NFP law issues in seminars; and (b) write clear, concise and persuasive legal arguments in carrying out their research project and undertaking examinations; and (6) demonstrate effective organisational skills, independence and creativity for their research project.
- Typically this unit is assessed in the following ways: (1) major research paper and (2) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course
- Unit Coordinator(s)
- Ian Murray
- Unit rules
- for Juris Doctor students: LAWS4101 Foundations of Law and Lawyering, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, and LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics; for all other students: LAWS4103 Contract (formerly LAWS5103 Contract)
equivalent Bachelor of Law unit
- Advisable prior study:
- LAWS5103 Equity and Trusts
LAWS5104 Corporations Law (or LLB equivalents)
- Unit Outline
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.