law research project elective monash

LAW4801 - Research project

• Monash Enrich

LAW1111: Foundations Of Law

Faculty of Law

Check the Handbook for the latest unit information.

The unit examines the foundation and structure of the institutions and processes of the Australian legal system, including legal practice as a distinctive element within the Australian legal process. It introduces the sources of authoritative law - statutes, delegated legislation and judicial precedents. A case series is used to demonstrate the evolution of the common law within the constraints of the doctrine and practice of precedent. The unit provides foundational knowledge and skills in the interpretation of judicial precedents and legislation and their application in legal problem-solving. Students develop fundamental skills in legal research and legal writing.

1 - Multiple Choice Questionnaire - 20% 2 - Library research online quiz - 5% 3 - Written assignment - 1500 words - 30% 4 - Take-home exam - 45%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Sustainable development goals

Adopted by the UN Member States in 2015, the 17 Sustainable Development Goals (SDGs), are an urgent call for action by all countries - developed and developing - in a global partnership. Read more

This unit covers content related to the following SDGs:

16. Peace Justice and Strong Institutions

Related electives and programs

International Conference For Undergraduate Research (ICUR)

DVC Education Portfolio

Peer Assisted Study Sessions (PASS)

Access, Inclusion and Success (AIS)

Independent Study Abroad (ISA)

Monash Abroad

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UN Sustainable Development Goals

In 2015, UN member states agreed to 17 global Sustainable Development Goals (SDGs) to end poverty, protect the planet and ensure prosperity for all. Our work contributes towards the following SDG(s):

Collaborations and top research areas from the last five years

Dive into details.

Select a country/territory to view shared publications and projects

• 1 Curtailed
• 22 Finished

Projects per year

Building 4.0 CRC PhD Scholarships 2021

Dickson, R. L. A.

1/11/21 → 1/05/24

Project : Research

Hearing our story, safeguarding our future

Banks, C. & Peake, J.

Victoria Law Foundation

31/01/23 → 31/01/24

AI for Older Australians in Aged-Care Facilities: Challenges and Opportunities

Petersen, A. , Barbosa Neves, B. , Vered, M. , Carter, A. & Seear, K.

1/02/20 → 1/02/21

Research output

• 120 Article
• 27 Chapter (Book)
• 10 Commissioned Report
• 7 Other Report
• 7 Other contribution
• 4 Comment / Debate
• 3 Conference Paper
• 2 Edited Book
• 2 Chapter (Report)
• 2 Editorial

Research output per year

Building industry workplace law changes - abolition of ABCC and impact of High Court ruling labour hire

Research output : Contribution to specialist publication › Article › Other

Evaluation of emerging technologies for remote inspections of building work: Final Report

Research output : Book/Report › Commissioned Report › Research

Legal considerations in machine-assisted decision-making: planning and building as a case study

Research output : Contribution to journal › Article › Research › peer-review

Dean's Award for Excellence in Research Impact (Economic and Social)

Seear, Kate (Recipient), 13 Aug 2019

Prize : Prize (including medals and awards)

Seear, Kate (Recipient), 12 Jun 2018

Vice-Chancellor's Education Excellence Nomination 2021

Lindstrom, Jennifer (Recipient), Giddings, Jeffrey M (Recipient), Weinberg, Jacqueline (Recipient), Paneth, Jennifer (Recipient), Frode, Karin (Recipient), Fletcher, Melissa (Recipient), Hyams, Ross (Recipient), Andersen, Sally (Recipient) & Kowal, Sara (Recipient), 30 Nov 2022

Prize : Other distinction

• 9 Submissions to industry or govt committees, commissions and inquiries
• 1 Contribution to conference
• 1 Public event

Activities per year

Inquiry into the Application of the United Nations Declaration on the Rights of Indigenous Peoples - Response to Additional Written Questions on Notice

Kate Galloway (Contributor), Katie O'Bryan (Contributor), Melissa Castan (Contributor) & Scott Walker (Contributor)

Activity : External Academic Engagement › Submissions to industry or govt committees, commissions and inquiries

Submission on behalf of the Castan Centre to the EMRIP study on 'Treaties, agreements and other constructive arrangements between indigenous peoples and States.'

Scott Walker (Contributor), Andrea Olivares Jones (Contributor), Katie O'Bryan (Contributor) & Melissa Castan (Contributor)

Castan Centre Submission to the Inquiry into the Application of the United Nations Declaration on the Rights of Indigenous Peoples

Scott Walker (Contributor), Kate Galloway (Contributor), Melissa Castan (Contributor) & Katie O'Bryan (Contributor)

Press/Media

Torres strait islanders successful in landmark human rights complaint against australia.

Joanna Kyriakakis , Karin Frode & Andrea Olivares Jones

1 Media contribution

Press/Media : Blogs, Podcasts and Social Media › Blogs

When the State Kills: Persecution of Sexual Minorities

Mai Sato & Chris Alexander

State-Sanctioned Killing of Sexual Minorities: Looking Beyond the Death Penalty

Law and Order in Russia

The story behind the largest tax fraud in Russian history

• Condolence Book
• Worldwide Reaction
• Tribute to Sergey Magnitsky
• Sergey Magnitsky’s Appeals
• Russian Authorities Replies to Sergey Magnitsky
• Court decisions
• Other Documents
• Press Releases (in Russian)
• Press Releases (in English)
• Press Releases (All)
• Presentations
• English Press
• Russian Press

New York Federal Court Disqualifies Lawyer John Moscow and BakerHostetler in Magnitsky Money Laundering Case

December 21, 2015

21 December 2015 – The federal court in New York has disqualified lawyer John Moscow and his firm, BakerHostetler, who represented the alleged Russian recipients of money laundering proceeds from the US$230 million Russian fraud that Sergei Magnitsky uncovered, in a civil forfeiture case brought by the US Department of Justice. The case alleges money laundering of proceeds of Russian fraud into multi-million dollar Manhattan real estate by Prevezon, a company owned by a son of former Vice-premier of the Moscow Region and the current Vice-president of Russian Railways Pyotr Katsyv.

John Moscow and BakerHostetler had originally worked for Hermitage in 2008 to defend Hermitage against unfounded accusations relating to the fraud, including (among other projects) by tracking the stolen US$230 million and its recipients, and bringing the evidence of this complex Russian fraud which victimised Hermitage, to the US Department of Justice. On Hermitage’s behalf, John Moscow personally presented the findings from the Hermitage’s and Sergei Magnitsky’s investigations of the $230 million fraud to the U.S. Attorney’s Office.

On 25 November 2008, one day after Sergei Magnitsky’s arrest by corrupt Russian officials on false charges, John Moscow also became involved in Hermitage’s legal actions to free Sergei Magnitsky from Russian detention. Prior to his arrest, Sergei Magnitsky gave testimony to Russian authorities implicating Russian officials in the theft of Hermitage’s Russian companies and of US$230 million the Hermitage’s companies had paid to the Russian government.

One year later, on 16 November 2009, Sergei Magnitsky was killed in Russian police custody before he could testify in an open trial.

In 2013, John Moscow and BakerHostetler switched sides, and went from representing Hermitage to representing Russian-owned Prevezon, an alleged beneficiary of the US$230 million fraud, that Sergei Magnitsky’s investigation had led to after his death. The US Department of Justice has traced to Prevezon nearly US$2 million of the US$230 million fraud proceeds and more funds in false and questionable transactions.  The US court has frozen about US$14 million in Prevezon’s assets, including bank accounts and several Manhattan properties.

In November 2015, John Moscow and BakerHostetler made filings on Prevezon’s behalf in which they explicitly accused Hermitage of committing the US$230 million fraud that they originally have been hired to defend against.

On 15 December 2015, Hermitage filed a motion to disqualify BakerHostetler and John Moscow.

In Judge Griesa’s opinion, issued on 18 December 2015, the U.S. Court for Southern District of New York ordered:

“The court is now convinced that it would be improper for BakerHostetler and Moscow to continue as counsel to defendants. …Hermitage’s motion to disqualify BakerHostetler and Moscow as counsel to defendants is granted.”

Hermitage Capital’s representative said of the disqualification of John Moscow and BakerHostetler :

“This disqualification is a stark reminder that lawyers can’t switch sides just because there is money being offered to them.”

Under Rule 1.9 of the New York Rule of Professional Conduct, lawyers are not allowed to betray their former clients. In particular, the rule says:

“A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.”

Hermitage became the victim of the US$230 million fraud in 2007 when a Russian criminal organisation, comprising FSB, Interior Ministry and tax officials and headed by a convicted fraudster Dmitry Klyuev, raided offices of Hermitage and its law firm in Moscow, unlawfully seized statutory and financial documents for its corporate Russian subsidiaries. Using those documents, the Russian crime group forged contracts and powers of attorney, fraudulently re-registered the stolen Hermitage companies to felons previously convicted for violent crimes, and through sham court proceedings obtained about US$1 billion judgments against the stolen Hermitage companies, in order to claim US$230 million in purportedly “overpaid” taxes.

The fraudulent US$230 million tax refund was granted by Russian tax officials, who were members of the crime group, in one day, and paid out two days later to two small Russian banks, where fraudsters had opened bank accounts, and then laundered through Russian banks and around the world.

Through efforts of Hermitage and law enforcement authorities around the world, about US$40 million connected to the US$230 million fraud uncovered by Sergei Magnitsky have been identified and frozen.

BakerHostetler is an “Am Law 100 law firm” with more than 900 attorneys and 14 offices. John Moscow is a former New York prosecutor and a partner at Baker Hostetler.

For more information please contact:                     

Justice for Sergei Magnitsky

+44 207 440 1777

e-mail: [email protected]

www.lawandorderinrussia.org

Twitter: @KatieFisher__

www.facebook.com/russianuntouchables

www.billbrowder.com

Posted by Publisher | Filed Under News&Releases , Press Release , Press Release (ENG)  

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Alumni of HESP ReSET project on comparative constitutional law meet in Moscow at ILPP-MSU conference

On February 2-4, 2018 the Institute of Law and Public Policy (ILPP), a long-time project partner of the Department of Legal Studies organized an international conference “ 25 years of Evolution of Constitutionalism in Russia and Central and Eastern Europe ”  together with the Law School of “Lomonosov” Moscow State University.

The speakers of the conference included leading Russian and international constitutional scholars, as well as present and former judges of the European Court of Human Rights, the Russian Constitutional Court and the German Constitutional Court. Professor Uitz presented a paper on freedom of religion and the duty of state neutrality in European human rights law. Alumni of the Department’s comparative constitutional law program, Anita Soboleva (Higher Schools of Economics, Moscow) and Svetlana Tyulkina (University of New South Wales, Sydney) were also among the participants.

As a side event, the conference brought together a sizeable group of the alumni of the HESP ReSET project “ Comparative Constitutional Law: Theory and Methodology in the Context of Constitutional Reforms ” (2009-2012) convened by ILLP and the Department under the leadership of Professor Uitz and Olga Sidorovich, the director of ILPP. The project aimed to support teaching and research in comparative constitutional law at Russian and fSU universities through a series of seminars and summer schools.

Alumni of the project have embarked on highly successful academic careers: Aleksandra Troitskaya is now an associate professor of constitutional law at “Lomonosov” Moscow State University, Elena Markova is lecturer and head of the LLM program at the Faculty of Law, “Lomonosov” Moscow State University, Evgeniya Gerasimova is associate professor of international and European law at the “Immanuel Kant” Baltic Federal University, Aleksey Dolzhikov is associate professor of constitutional law at St Petersburg State University, Viktor Sidorov is associate professor of political science at Kazany Federal University, while Maxim Timofeyev is now associate professor at the European Humanities University (Vilnius). Tatiana Hramova is a senior lawyer, ILPP and Olga Valueva is an advisor of vice-rector for international affairs and a leading expert on international academic programmes at Moscow State University of Geodesy and Cartography.

The academic network of the project continues to thrive through such activities of ILPP as the Russia-wide constitutional law moot court , organized for the seventh time in 2018. The winning team of the law faculty of Ural State Law University defended its title under the academic guidance of Marina Sedyh, an alumna of the ReSET project.