Handbook home
Remedies in the Construction Context (LAWS70112)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
October
Lecturers
Wayne Jocic, Coordinator
Professor Katy Barnett
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | October |
---|---|
Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
Construction projects produce difficult legal issues. Practitioners need to be confident in their understanding of the remedies available under various causes of action. Construction law requires a sound knowledge of relevant case law and legislation concerning diverse matters, such as damages in contract, recovery in tort for pure economic loss, penalties (including liquidated damages), quantum meruit, remedies under the Australian Consumer Law and the grant of interlocutory injunctions.
In addition to the primary lecturer, this subject harnesses the specialist expertise of guest lecturers, including leading academic lawyers, legal practitioners and judges. Their combined experience draws not only on their rigorous understanding of black letter law, but also on extensive practising careers.
Principal topics include:
- Damages for breach of contract
- 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
- Quantum meruit claims
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 the expert and specialised cognitive and technical skills required to practise as a professional engaged with legal remedies arising from construction projects
- 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 |
May (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50036 | Remedies |
Semester 1 (On Campus - Parkville)
November (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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Written assessment | During the teaching period | 15% |
Take-home examination
| 11 - 14 December | 85% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- October
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 28 September 2020 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 26 October 2020 to 30 October 2020 Last self-enrol date 2 October 2020 Census date 27 October 2020 Last date to withdraw without fail 23 November 2020 Assessment period ends 14 December 2020 October contact information
Lecturers
Wayne Jocic, Coordinator
Professor Katy Barnett
Email: 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 via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor Course Graduate Diploma in Construction Law Course Master of Construction Law Course Master of Commercial Law Course Graduate Diploma in Legal Studies Course Master of Laws - 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