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Australian Consumer Law (LAWS70380)
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
March
Lecturers
Associate Professor Jeannie Paterson, Coordinator
Mr Hal Bolitho
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | March |
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Fees | Look up fees |
Australia has a detailed and comprehensive consumer protection regime dealing with the supply of goods and services, including financial products, to consumers. Primary legislation is the Australian Consumer Law (ACL), found in Schedule 2 of the Competition and Consumer Act 2010 (Cth); equivalent provisions in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) applying to financial services and products; and, for consumer credit, the National Consumer Credit Protection Act 2009 (NCCP Act). This subject provides students with a detailed knowledge of key features of the Australian Consumer Law and of the common law principles and policy imperatives that underpin it. The lecturers include one of the Law School’s private lawyers with specialist expertise in consumer law, and a leading practitioner in this field of law.
Principal topics include:
- Purposes of consumer protection law
- The regulatory toolkit
- Common law doctrines underlying the legislative regime
- Enforcement and remedial strategies.
- Key consumer protection regimes under the ACL, ASIC Act and NCCP Act:
- Misleading or deceptive conduct
- Unconscionable conduct
- Interest rate caps and responsible lending
- Consumer guarantees and implied terms
- Unfair contract terms.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles governing consumer protection law in Australia and the common law doctrines relevant to those regimes
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal regimes
- Be an engaged participant in debates surrounding emerging and contemporary issues in the development of Australian consumer protection law
- Have a sophisticated appreciation of the factors and processes driving reform of the consumer protection regime in Australia
- Have an advanced understanding of situations in which consumer protection issues may arise in commercial transactions
- Have a detailed understanding of the interaction between common law doctrines and consumer protection legislation
- Have the cognitive and technical skills to generate critical and creative ideas relating to effective consumer protection strategies and to critically evaluate existing legal theories and strategies for the protection of consumers
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to effective consumer protection strategies and regimes
- Have the communication skills to clearly articulate and convey complex information regarding consumer protection to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, judgment and responsibility in the field of consumer protection law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
- Class presentation, including one or two case presentations (10%)
- Take-home examination (5,000 - 6,000 words) (90%) (3 - 6 May)
or - Research paper (7,500 - 9,000 words) (90%) (5 June) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March
Principal coordinator Jeannie Paterson Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 13 February 2019 Pre teaching requirements 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. Teaching period 18 March 2019 to 22 March 2019 Last self-enrol date 19 February 2019 Census date 18 March 2019 Last date to withdraw without fail 26 April 2019 Assessment period ends 5 June 2019 March contact information
Lecturers
Associate Professor Jeannie Paterson, Coordinator
Mr Hal BolithoEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
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 materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022