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Remedies in the Construction Context (LAWS70112)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
July
Lecturers
Mr David Bennett QC, Coordinator
Mr Wayne Jocic, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
---|---|
Fees | Look up fees |
Construction projects produce difficult legal issues. Whether advising on the content of contracts or methods for mounting or defending claims, practitioners need to be confident in their understanding of the remedies available under various causes of action. In turn, construction lawyers need a sound knowledge of the case law (both seminal judgments and recent consideration) and legislation that underpin diverse matters, such as damages in tort for pure economic loss, penalties (including liquidated damages), recovery upon a quantum meruit, remedies under the Australian Consumer Law and the grant of interlocutory injunctions.
The lecturers bring a depth of experience to the classroom. Their experience in the analysis of such issues was gained not only during extensive practising careers but also through their writings (which include David's second edition of the seminal Brooking on Building Contracts) and many years of teaching. They also harness the specialist expertise of guest lecturers. In previous teaching of the subject, these have included leading academic lawyers, legal practitioners and judges.
Principal topics include:
- Penalties (including liquidated damages)
- Equitable remedies for breach of fiduciary duty
- Proportionate liability
- Temporary injunctions
- Recovery in tort for pure economic loss
- Remedies under the Australian Consumer Law
- Development of quantum meruit claims leading to a consideration of:
- Quantum meruit under a contract having no agreed price
- Restitution claims where there is no contract, or an unenforceable contract, where the contractor claims that the owner has been unjustly enriched.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the role and function of legal remedies in relation to construction projects
- Have enhanced their expert and specialised cognitive and technical skills required to practise as a professional engaged with legal remedies arising from construction projects
- Be familiar with, be able to critically reflect on, and be confident in working across, the interaction between the technical, commercial and legal aspects of remedies in construction procurement and disputes
- Be able to demonstrate the analytical and communication skills required to independently investigate, examine and synthesise existing and emerging legal issues relating to remedies in the construction context.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
LAWS50036 | Remedies |
November (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
This subject is not recommended for students without a law degree.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Written in-class assessment (15%)
- Take-home examination (5,000 - 6,000 words) (85%) (8 - 11 September)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- July
Principal coordinator David Bennett Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 19 June 2017 Teaching period 17 July 2017 to 21 July 2017 Last self-enrol date 28 February 2017 Census date 17 July 2017 Last date to withdraw without fail 11 August 2017 Assessment period ends 11 September 2017 July contact information
Lecturers
Mr David Bennett QC, Coordinator
Mr Wayne Jocic, CoordinatorEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Construction Law Course Master of Construction Law Course Graduate Diploma in Legal Studies Course Juris Doctor Course Master of Commercial Law Course Master of Laws - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022