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Fraud, Forgery and Dishonesty - LAWS8994

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: Academic program must be 9200 or 9210 or 9230 or 5740 or 9220 or 5750 or 9285 or 5285 or 9231 or 5231.

Excluded: JURD7378, JURD7594, LAWS3478

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Fraud-based crimes continue to be a major cost to business and the community. In 2010 the NSW government introduced a new regime of fraud and forgery offences, for the first time creating identity fraud offences. This course provides a detailed examination of those new laws and the underlying concept of dishonesty. Comparisons are made with alternative approaches to fraud offences nationally and internationally. This legal analysis is balanced with a broader examination of the context in which fraud occurs. Topics examined include the influence of the internet on types and methods of frauds – particularly identity fraud, the causes of fraud, the motivations of offenders, and the historical development of fraud laws. A key question examined is whether dishonesty is an appropriate basis for identifying and criminalising conduct – and its broader implications for business regulation.

The course is taught in a blended online and face to face format. There are two full day face to face classes - one held at the beginning and another towards the end of semester. The rest of the course conducted through online discussion boards.

LLM Specialisations

Corporate and Commercial Law
Corporate, Commercial and Taxation Law
Criminal Justice and Criminology.

Recommended Prior Knowledge

None

Course Objectives

Upon completing this course, it is expected that students will:

Understand the main legal concepts and principles of fraud law in NSW and other Australian jurisdictions
Be able to identify and apply the appropriate offence to prohibited conduct, demonstrating this ability in answers to short problem questions
Appreciate the complexity of the social and political history in which these offences have developed and current issues with their scope and enforcement
Be able to engage with policy debates on law reform in this area
Have completed an independent research essay on a topic related to fraud law

Main Topics

Fraudulence and dishonesty
Approaches to fraud laws
NSW fraud laws and international comparisons
Forgery laws and their relevance
Internet and identity fraud
Motivations of fraud offenders

Assessment

Class participation	Preparation and engagement in class	25%
Short problem questions	3 questions, 8% each, plus bonus mark	25%
Topic outline and literature review	500 words	5%
Research essay	4,000 words	45%